Innocency and Truth Vindicated. An Account of Whet Hath Bsen, or is Ready to be Deposed, to Prove the Most 'Treacherous and Cruel Murder of the Right Honourable Arthur, Late Earl of Essex. STAUI\ AWIMCA UNIVERSITY OF CALIFORNIA AT LOS ANGELES Innocency and Truth Vindicated, A C C O U N T Of what hath been., or is ready to be depofed., to prove the flpoft 1Creacl)erottS ano Cruel 0uttset Of the Right Honourable ARTHUR, late Earl of Ess EX. With Reflections upon the Evidence, and the moft material Obje&ions againft this Murder, difcufs'd and anfwered. In a Conference Between three Gentlemen concerning the prefent Inquiry into the Death of that Noble Lord and true Patriot. Wbofo fieddeth Man's Blood, by Man {hatt h'x Wood bffjed^G&L. 9. 6. i For Blood it defileth the Land, and the Land cannot be clean fed of the Blood that is jhed therein, but by the Blood of him that fiedit. Numb. 35.33. Magna eft Veritas & prevalebit. Printed in the Year MDC LXXXIX. t / ft* - v: jj r \ w .* To t' e Right Honourable the L o R D s of the ( late) COMMITTEE, appointed to examine into the Death of that Noble LORD and True PATRIOT, late EARL of ESSEX. My L O R D S, COuld I have manag"d the Evidence in Proof, of the Murder of this Honourable Lord, with that ftrength and tfficicy they are capable of, nothing would more plainly have appeared to the impartial Reader, than thif (_?o me ) great Truth, ( viz. ) That the Right Honourable Arthur,/ Sir Hugh Middleton, Foreman of Mr. Brai- dorfs Jury, finct tuned Papift, p. 74. c. i, Hts late, Majefty crcffcd only Mr. Braddor.V Naffie in that Lift of hit King's-Bench Pri- fows, which was delivered bin, p. 74. e. i. An Inference from his late Mujiftfs Ineioncilt- able Hatred of Mr. Braddoa, p. 74. c. 2.! Tl)e Comer's Inqiieft ufed as a. Mms to pre vent the Difcovery of my Lord's Murder, p. 7 5- C -1V The detecting Sir Thomas Overbury'* Murder, the farm Offence Mr. Braddon was guilty- of, but met not with fuch Difcourtgemert, p. 75. C. 2^' King James the Firft his Speech, upon iloe dif- covery of Sir Thomas OverburyV Mur- der, p. 7 5. c.2, A Comparison between the Murder of the ft/i Earl of Eflex, and that of Sir Thqljtps Overbury, p75- c.2. p. j6. c. i?2. The Lord-Keeper North infinuates to Mr. Brad- don the Danger of this Profecutiun, p. 76.0. 2. The Reafons that moved Mr. Braddon to ingtgt in this Profecutm, $-76- 0.2,1x77.0.1. Bomeny fffrwtly after my Lord's veath") is fuppofed to have writ a. Letter, wherein he de~ . dared he would fully difcover this Murder upon a Pardon, p. 77. c. 2. At Objection againft this, p. 77. c. 2. An Anfwer to this Objection, .^p. 78. c. 2. Bomeny fuppofed to be a difguij?d.apift, p.7y. c. i. A certain Divine's Argument for the Self-Mur- der, P-79- c -2* An Anfwer thereunto, p. 80. c. i, 2. The Contradictions between Bomeny, Monday, and RufTel, as to the C^'^ndedJ Self- Murder, oj themfelves are Sufficient to clear my Lord of this infamow Imputation, p. 8 r. C. 1,2. Mr. BillingfleyV Objection againft this Murder, deferves no Credit, p.82.c.i,2. p.S^. c.i. The Earl of Eflex feared neither Danger, nor Death, but wa* ready chearfutty to lay down bis Life for his Country, p. 85. c.2. Themoft popular Objection^ agatift this Murder, anfwered, p. 84, to 90. Injunciisns The Contents. frjunfthns of Semcy laid upon the Souldiers, ' thtnext day after the Earl's Death, p. 90. c.2. M. prefumed to be murdered, to prevent his te- ftifying what he tym tts to my Lord's Mur- der, p. 9 1. R. fiat to the Indies, and there /hot to Death, p. 91. c.i. A third Souldier feafd he (hould be murdered for what he had difcovered, tvith relation to my Lord's Murder t Eodem. Hawky the Warder fuppofed to be murdered, to binder tbt Difcovery ojwbat he tye-m, p. 9 1 . C.2. p. 92. A Souldier barbaroufly tvhipfd, only for faying, Hi would not fay he did believe the Earl of Eifex cut his own Throat, p. 92. c. 2. p. 93. c.i. Old Edwards turned out of his Place in the dtftom-ffoitfe, only fas frefmedj for his Sin's Rlatifm> p. 93. c. 2. Major Webfter brings how toy Lord's biosdi Handkerchief, and forty nine G rimes, and a Pifiol, &c. p. p4. His Wife tells bint, (he could hang him, and one in the Tower, . p. 94. c. 2. Webfter then in no danger oj a Prafecution, or Punishment, from what hit Wife could dif- coner, p. 94. c. 2. The Relation of a Wife -mil not excufe hsr con- cealing a. Murder committed by her Husband, p. 9 5, 95. Majar Webfter, before the Lords, difawtfd hit having produced, a Pxrfe of Gold to O. but /ince p-etended he had tvon the Many at Gaming, p. 95. c. 2. Holms'5 Wife tetts her Husband, he was a Mur- derer, and [he could hang him^ &c. p-97- c.i. Murderers falling out. Murder Is deteftsd, p. 97' c. i. An Abftraft of the Whole, p. 97. c. 2. to 104. THE CO S A Lincolnt- f**\ I R > I rejoyce I hav Inn Gent. |L thus fortunately met you here j for ever fince I came to Town, I have longed to fee you, becaufe I have been defined by many of our Country- men to give them what Information I can , how the Cafe of the late Earl of Eflex now (lands ; whether there have been any Informations, or Examinations herein, taken before the Honourable Houfe of Lords for we have heard their Lord- (hips , upon their fir ft fitting , took the matter into Examination ) and what you have heard to be the SubfUnce of thofe Depofitions and Examinations, whether fufficient to prove that unfortunate Lord treacherously murdered, as he was general- ly believed to be. A Tempter. Sir, you could never have met me more opportunely for your Satisfaction in this, feeing I have now about me the Sub- ftance of all thofe Depofidons and Exami- nations that have been taken before the Se- cret Committee of Lords appointed by the Houfe for this purpofe, and fome time finre reported to the Houfe ; and like- wife Copies of many Informations herein taken before fome juftices of the Peace ; befides all which, I have Copies of fuch Depofitions as have been fworn to deftroy the Credit of what hath been materially denofed to prove that unfortunate Lord vilSanouffy murdered , and further, I have fcveral Informations taken to Strengthen my Lord's Evidence, in Anfwer ro thofe pepofuions, on the behalf of the Prifoner. Of all which I have had an Opportunity to rake Copies, by being daily converfant v/uh that Gentleman, whofe Misfortunes have made him of all Men the beft ac- quainted with this Cafe. Sir, there is hardly aVVitnefs herein fworn but what I have difcourfed ; neither do I believe there is any Objection can be raifed againft the Proof of my Lord's being murdered, but what I can fufficiently Anfwer. All which your Authority (hall command from me, who rejoyce in this Occafion of ferving you- But I queftion whether it may not be thought a divulging of what a Secret Committee hath had under Examination, and ought (till to be kept private. L. You can't buc knew that this Se- cret Committee is diffolved, by the Reports being made to the Houfe, where the De- pofitions having been read, it can no lon- ger be thought a Secret : And it beirg for the Intereft of the Kingdom it fhould be publifhed (_ if there be any Evidence to prove this Murder ) I can't imagine how your communicating this matter can in the lead prejudice this Caufe , the juft Succefs whereof no Man living can defire with greater impatience than my felf, who (hall (" its probable ) by your now-Affi- ftance, be able to (top the Mouths of thofe Gainfayers, which not fo much out of Ma- lice, as Mifinformation , ftem totally to disbelieve this matter ; of which number Mr. 0. of Grays-Inn ([bur Friend, and old Acquaintance ) is one , he did appoint to be here precifejy at this time. He is now come. A Grays-In Gent. Gentlemen, your mod humble Servant. 7". Sir, We are both cordially iycurs, and rejojce you are thus opportunely come. G. I hope my Company doth not hin- der private Bufincfs j if fo, I will leave B ycu you till fuch your Difcourfe is ended, and then fhail efleem my felf happy in the Jn- joyment of both y our good Companies. T. Sir, the Buiinefs 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 ROC thereto fo wedded, but upon good Caufe fhewn,fhall readily fue a Divorce, and thank you hearti- ly for my Convidion. JL. This Gentleman is about giving fuch Reafons as will convince f*not me, for I do already believe it, but ) you, That the late Earl of Effex was treacheroufly and villanoufly murdered. G. Pirn ! there is not the leaft ground for fuch a Bdief, neither hath there been any colour of Evidence for it produced to the Lords. Moreover, all my Lord's Re- lations are fo firmly poflefled with the Be- lief, that the late Earl of Effex did in- deed cut his own Throat, that neither of them hath thought fit in the leaft to move in this matter, but all of them wifh that this Caufe had never been revived , becaufe it renews the Remembrance cf that fad and deplorable Accident which hath been fo great a. Misfortune to that Honourable Family. 7*. Sir v I perceive you have been a- bufed in every part of your Information, for your Author fcarce told you one Word of Truth. As for the Families not appearing in ( but being very averfe to ~) this Profecution , I do aflure ycu ( Sir ) this is far from being true j for no Gentle- man could fhew more Honour, and greater leal in a Gaufe, than the Right Honourable Sir Henry copel (J the late Earl's only Bro- ther ) hath done in this, and caufed fome to be taken up for endeavouring to abufe the World with the Belief, that he had ot engaged in this matter. The now Earl of Effex was not returned from his Trawls when this Profecution was re- newed i but as foon as he came, his Lord- ftip approved of what was done, and ) hath been at the Charge of this Profe- cution, in which you may believe there hath been no fmall Expence , there ha- ving been in this Caufe fuch a number of Witneffes examined, and fo many feveral Committees. And whereas you fay there was not the leaft Colour of Evidence pro- duced to the Lords : Did you ever hear what Perfons were fvvorn before their Lordfhips, and after examined by this Ho- nourable Committee. G. Not in every particular, but in part I have, and in general have been inform- ed, That the Witneflts produced by that Gentleman, who pretended to prove it, were looked upon as altogether infuffi- cient for that end ; and therefore the Houfe of Lords, upon reading the Informations in this Cafe taken by the Committee, imme- diately rejected them as frivolous, there- upon ordering, that all fuch as had been taken up, as fufpefted concerned in this pretended Murder, fhould be difcharg- ed. T. I perceive in this alfo you have been mifinformed , as to both particulars -, for the Houfe of Lords upon reading what was taken by the Honourable Lords of this Committee, neither rejected the Evidence as infufficient, nor ordered the difcharge of fuch as in this cafe-were taken up, but the Depofitions being read before the Houfe, when three of the four Honourable Lords of this Committee were out of Town ( itf^. ) the Earl of Devon , the Earl of Monmtutby and Lord Delamere ( the Earl of Bedford being the firft in this Com- mittee) the Houfe ordered all thofe De- pofitions and Examinations to be fealed up, and kept by the Clerk of the Parlia- ment , till thefe three Lords returned , and in the mean time the farther Debate hereupon to be fufpended : To prove all which , pray Sir, read this Order made Die. Jo-vis 23. Mali, 168$, Die Die Jovii ijo. Mali. 1689. After reading feveral Papers and "Depofiticns relating to the death of the late Earl of Eflex, It is Orde- red by the Lords Spiritual and Tem- poral in Parliamenf AJJ'embled^ that the Confideratt'-~n of this biifmefs jkall be fufpended until the return of the Lord Steward, the Earl of Mon- mouth, and the Lord Delarnere, who were of the Committee, before whom they were made, and who are now in the Country in His Majefties Service. And its further Ordered, that the laid Depofitions and Papers jhatt be Sealed up, and kept by the Clerk of the Parliament in the mean time. G. Then I find my Information in this Particular falfe. T. As to the Second, That the Lords have not ordered the discharge of fuch as were in this Cafe apprehended, tut con- trarywife. that all thefe fhould be bound over by the Court of Kings Bench, to ap- pear the firft day of the next Term, ap- pears by an Order of the Houfe of Lords, made the 15. Jme 1689. which you may .read if you pleafe. DiaSabati 15. Junii 1689. Ordered by the Lords Spiritual and Temporal, in Parliament Affembkd, that fttch Pcrfons as are noiu under Bsiyl by Recognisance, concerning the death of the late Earl of Eflex, foall be by the Court of Kings Bench bound over to appear the firft day of Alicha- I * v J J J clmas TtTTtf next. G. I thank you, Sir, for your Informa- tion herein, and its very probable thole who gave me fuch falfe Information as to the Lords Proceedings in this Matter, may have likewife forged what Arguments they thought might fway with me to believe my Lords felf Murder ; what thofe are I fhall give you an Account. But I firft defire to hear what Evidence in particular hath been produced to prove my Lords being murdered by others. T. Before I give you an Account of the Informations that have been in this Cafe taken, I think it proper firft to inform you how the Cafe came before their Lord- fhips, and what by them therein hath been done, and how the Cafe now ftands be- fore the Houfe. (?. Pray, Sir, ufe your own method. T. The 2ift of January laft, feeing the day before the Convention fat} feveral Per- fons were taken up, as fufpefted to be privy to my Lords Murder ; amongft whom was Major Hawley, (Major of the Totvc r) in whofe Houfe my Lord was murdered, and Thomat Ruffell, one of the two War- ders that flood upon my Lord at the time of his death : thefe two belonging to the Tower, and confequently under the Command of the Right Honourable the Lord Lucas Governour of the Tower, were not taken up by any Conftable ; but his Lord- fhip having fecn the Warrant out againfl them, ordered both to be fecured. The next day, being the 22^, feveral Infor- mations were taken before Jebn Robins Efquire, one of the Middlesex Juftices, *who carried Coppies of thefe Informati- ons to my Lord Lucat. His Lordfhip the 24/7; moved the Houfe of Lords for their Lordfhips Order, as to the keeping., difcharging, or removing Hawley and Ruffell, as before fecured by his Lord-- (hips Command ; and then produced to the Houfe thofe Informations brougiit his Lordfhip, as before by Mr. Robins ; upon reading which , after fome Debate, the Houfe of Lords ordered Mr. ftr'addon to be called in before their Lord (hips, and after -B 2 his (4) his Examination, their Lordfhips confli- tuted a Committee of Lords, of which the Right Honourable the Earl of Deven- fare now Lord Steward of His Maje- fties Houfhold) was Chairman. After -his Committee had feveral times met, there was a fecret Committee ordered.to examine into the Matter , which Com- mittee confifted of thefe Four Honoura- ble Lords, (itf^O c ^ e Eaf l f Bedf' r whereupoa he called the Warder R'jfil, and went down- to call for help, and the faid Ruffel pufhed the Door open , and there they faw my Lord of Ejfex all along the Floor without a Perriwig, and all full of Blood and the Ra- for by him. And this Deponent further de- pofeth, that the Rafor now (hewed to him at the time of his Examination is the fame Rafor which he did bring to my Lord, and which did lye on the Ground in.. the, " Clofletby my Lord.: 1'ke Information of Thomas Ruffel one of the T- farmers of the Tower, who had the Cuftody of the Earl of Effex, taken the Fourteenth day of July , Anno Regni Caroli Se- cundi Dei gratia Anglix, Scotix, rancix ScHibernia: Regis, Fidsi Defenforis, &c. Tricefimo quin- to. Annoque Domini, 168;, SAith, That on Fry day the iyh inftant, about Eight or Nine of the Clock in the Forenoon, he was prefent when he did hear the Lord of Effex call to his Man Mr. Bomeny for a Penknife to pare his Nails, and then for a Razor, which Mr. B> tnenf brought him ; and then my Lord walked up and down the Room fcraping his Nails wich the Razor, and fhut theouc- Ward door i Mr. Bomeny half a quarter of = an hour afterwards not finding my Lord in his Bed chamber, went down Scairs again, believing that my Lord was then private in his Clofet, Bowery came up about a quar- Note ter of an hour afterwards and knocked at the Door, then called My Lord, My Lord, but he not anfwering , peeped through a Chink of the Door, and did fee the Earl of Effex lying on the Ground in the Cloflet ; whereupon he did cry out, that my Lord was fallen down Tick, and then the Infor- mant went to the Clofet Door, and opened it, the Key being on the out-fide, and then did fee my Lord lye on the Ground in his Blood, and his Throat cut. 7he Information of Robert Sherwood of Fanchurch-ftreet , Chymrgeon, taken the i4th day of July, Anno Regni Caroli Secundi Dei gra- tia Anglic, Scotia?, -Francis & HibernicC Regis, Fidei Defen- Ibr, & c . Tricefimo quinto, An- noque Domini 1685". SAith that he hath viewed the Throat of the Earl of Effex, and does find that there is a large Wound, and that the Af- pera Arteria or Wind-pipe, and the Gullec with the Jugular Arteries are all divided, of which wound he certainly dyed. T'be Information of Robert Andrews cf Crutchet-Fryars Chyrurgwn, takgn upon Oath the I4th day of July, Anno Regni Caroli Secundi nunc Regis Anglise,^. Tricefimo Quinto, Anncque Domini 1683. SAith, That he hath viewed the Throat of the Lord of Effex, and does find that it was cue from the one Jugular to the other, and through the Wind pipe and Gullet in- to the Vertebres of the Neck, both Jugular Veins being alfo quite divided. Upon thefe Informations the Coroners Jury found my Lord Felo de fe. The fubftance of thefe Informations in fhort is. That my Lord of Effex called for a Penknife to pare his Nails, but the Pen- knife not being ready, hisLordfhip required a Razor , which was delivered him , with which Razor his Lordfhip retired into his Clofet and Lock'd Jiimfelf in ; but foon af- ter the Clofet door being opened, my Lord was found with his Throat cut through both Jugulars and Arteries to the Neck-bone, and the Razor (as before delivered) lying by him. Nathaniel Monday ('the other Warder -on my Lord at the time of his Death; now declares, that aflbon as my Lord of Ejjex's Chamber Door was opened by the Gentle- man Jaylor about Seven of the Clock , ("that morning my Lord died,") he flood Warder upon my Lord till about a quarter of an hour before my Lord was found dead, and then he called up Ruffd and left him at tbe -Door, and then went down Stairs, where he had not been a quarter of an hour before Bomeny crycd cut,My Lord is fallen down fick ; whereupon he' ran up Scairs, and found Bomeny and Ruffel endea- vouring to open the Clofet Door, but nei- ther could ftir it, becaufe my Lords body lay (7) lay fo very clofc and ftrong againfl the Door; wherefore he hting (Ironger than either Bomeny or Rujjel , puc his Shoulder againft the Door, and thrufting with all his might broke it open. Major Hawley (at whofe houfe ray Lord was Murdered,) faich. That about Five of the Clock that Morning mv Lord died, he went out to open the Tower Gates (ac- cording to the duty of his placej and came not home nor nigh his own houfe till Note about Mm of the Clock, when Monday the Warder came to him and told him my Lord of Ejjex had cut his Throat ; where- upon Havcley going home found it true, and immediately thereupon went to his Ma- jefly Charles the Second ( then in the Tower) and did inform his Majefty of the fame. Bomeny, Rujjel and lUanday^ ('and likewife Lloyd the Sentinel at my Lords Lodgings that Ko:e Morning my Lord dyed , ) did ever deny ("till January laft_) that any men were let into my Lords Lodgings before his Death any time that Morning my Lord dyed. The two firft upon their Oaths denied it before the Coroner and Bemeny. Rujftl and Lloyd did at Mr. Bradon's Tryal pag. 5 5, 56, $7, upon their Oaths declare, that no men were let into my Lords Lodgings r ( that Morning my Lord dyed_) before my Lords Death was known. Monday and Ruffel flill perfift in their denial of any mens being let into my Lord before his Death that Morning my Lord dyed. This is the flate of the Cafe, as it was reprefented by thofe that were immediate- ly attending upon my Lord at the time of his death. I fhall not in this place make any Observations upon the fcveral Contra- dictions and Incoherences of thefe Rela- tions, nor yet fay what is prov'd to falfify all that hath ( as before } by thefe been declared and fworn, but fhall leave this to a more proper place,and (hall in my method begin with fuch things as were firft in or- der of time. The Informations and Examinations in this Cafe taken are nigh Sixty, I fhall range them in thhorder I fhatt place thofe. Firfl, That have relation to what pafltrd before the day of the death of the lace Bail of Ejjex. Secondly , AJQfgtthat relate to what p.-. fled the day of his death. And in the third and laft place, fuch as have relation to what was fubfequent to the day of his death ; upon hearing all which , I doubt not but fully to convince every un- prejudiced perfon. L. Such I am I do a flu re you , for its neither my intereft nor dcfire that this Murder (if fuch indeed it were ) fhould not be detected ; but I do heartily wifh all fuch of whatfoever quality fex or condi- tion as ftcod concerned in contriving, pri- vy to, or acling in this Murder, may be brought to condign punifhment. G. If this be provtd to be a Murder, I fhall always think it the mofl villanous that was ever afted on our Srage 5 and as feon as I fhall be throughly convinced hereot, fhall as heartily defire ("with you) that all Adors and Abetrers herein, may receive according to their demerit. And indeed I fl:all hardly thinly any fanifliment tyojevere for fr,ch an Act) or any thing too ill to be thought of any whs were in the leafl concerned in this treacherous comf Heated Murder (in Per fan and-' Reputation) if it be frwed to be any. Due pardon me if I think it not true, but in- vented by heretofore Difloyal and Difaffectc J Men, to raife an averfion againft the mofl Unfortunate among Princes, who was trea- cheroufly, (\ had almoft faid Treafonably^ xleferted by his Souldiers as well as others in the midft of the greatefit dangers. We have had much noife of this ("pretended _> Murder, and fas fomc falfjy callit) of the - Murder, of Charles the Second of the fup- pofititioufnefs of the Birth cf the Prince of W>ttef,ar,d of the Private French League j but all this hitherto hath been but tall^ and I now think fas I ever did) there is not any good grounds for the belief of either, for if there had, we fhould long fince (Tor the Vindication of what is paft, which I fha'f forbear (3) orbear to call by its proper Name ) have ,,ad ic made mere publick. T. Bona verba , qutfo , noc this -great hear. G. But PafTion is 'very natural to every honed Ma^'cRa* had any fparks of true 'Loyalty upon fuch Reflections as thefe. t. Paftion ferves not , but prejudices an Argument, and generally fpeaking where there is the moft Paflfion there is leaft Rea- fon. G. I will endeavour for the future to be more calm. /,. I (hall tell you at our next meeting what I have heard concerning the Dea'h of Charles the Second, and the Birth of the pretended Prince of Wales , and its probable may inform you in both of what you may have never heard , nor as yet made publick by any ; but I defire not any longer to detain this Gentleman from pro- ceeding in his intended Method. G. I beg both your Pardons for this Heat and Interruption, and I do impatiently wait to hear what can be faid. 7*. I fhall proceed j and , Firft, as for fuch Informations as have relation to what pafied before my Lord's Death , thefe are of two forts j the firft proves a Resolution (" by Papifis ) feveral Days before my Lord's Death , to cut my Lord's Throat. The Second, Many Reports in feveral parts of England ( before my Lord's Death _) that the Earl of Effex had cut his Throat in the Tower. For proof of their previ- ous Refolution to cut my Lord's Throat ; pray read this Paper which I have taken for my own fatisfaftion, and the Informa- tion of feme Friends , from the Perfon's own Mouth. G. D. 5. faith , * That a little before * the Death of the late Earl of Ejjex, as * fhe was Servant in the Houfe of one Mr. '7/o/wef, a Papift, then living in Baldwins * Gardens about Nine Days before my * Lord's Death, fome Fapifts among which i%. one Mrs. Hinton\ in * Leather- lave, where there then came fome ' who declared, That the Earl of Ejjex *had cut his Throat in the Tower: ' upon which fhe went home to Mr. ( Holmes\ and was extreamly troubled, 'and immediately taken with Fits, ha- ' ving, as before, heard their Refolution 'to cut the Earl's Throat. This Infor- ' mant further declareth, That about two ' or three of the Clock the fame day the ' Earl died, fome of the aforefaid Con- 'fult met again at her Mafler Holmes** ' Houfe , and fhe heard them leap about ' the Room ; and one of them ftruck him * upon the Back, and cry'd , The Feat ' was done ( or roe have done the Feat.J ' Whereupon the faid Mr. Holmes re- ' plied, Is the Earl's Throat cut ? To which ' the other anfwered, Yes * ant) fUlfijer TaiD, he coulD not but laugt) to 'think Ijoto like a jfool tije (Part of 'Effex Ipobet) tohen tl)ep came to cut 'i)i SCl^oat? The faid Mr. Holmes 'did then fay, 'Was his Highnefs there? ' To which the other Papift replied, Yes. 'This Informant further faith, That fhe * did, about four Years fince, difcover to 'one Mr, R. ( with whom fhe then lived ' as a Servant ) his Wife and Daughter., That fhe had heard at Mr. Holmes's ' Houfe aforefaid, fome Papifts ( feveral 4 days before my Lord's Death ) declare, ' That the Earl's Throat was to be ' cut : but her faid Mafter R. command- ' ed her to hold her peace, and not to ' tell him fuch dangerous things , left , as ' he faid, being over-heard , fhe fhould ' ruine him, and all his Family, or Words ' to that effeft. G. It's improbable that any fhould dif- courfe a matter of this Confequence and Secrecy, thus to be over-heard by the Ser- vant. T. I do hardly know any Houfe more convenient for a fecret Meeting, provided all the Family be true to the Defign ; and, it's probable , thefe Men did not know that this Maid was a Proteftant, or that upon the Stairs in the Kitchin their Difcourfe could be over-heard j but in- deed it could be there heard almoA as plain as in the very Room it felf, unlefs you whifper. L. Befides, confider the Circumftan- ces of Time when this Confult was held. This was when our Government in its Corruption was grown to fuch a pitch, that fome People were Loyally mad , and through blind prejudiced Obedience , I hope, more than Malice ) were offering up as Sacrifices to the Court Popifh and Arbitrary Intercft the Blood of thofe brave Men, who did zealoufly oppofe thofe curfed Defigns, the Popifh and Arbitrary end whereof we then faw through a Glafs, but fince ( to our Coft ) face to face. Should therefore this poor Maid have revealed what fhe heard , it's ten thoufand to one but this Truth would have met with fuch a Disbelief in fome, and fuch Hatred in others, that through both, it would have been feverely punifh- ed ; for be fure thefe bloody Men would have dcpofed , and, in probability, by others of their Party, proved, that they at that time were fomewhere elfe; and C with- CM) i without all doubt our then Juries would looner have credited the many oaths which would, though falfely, have con- tradided her Teftimony , than her own (ingle Evidence: And therefore I think Mr. B//7/n^r's Caution ("as before) given this Maid, was grounded upon great Rea- fon, and what would have proved too true fhould ic have been put to the Try- al. G. Hath this Woman been fworn ? 7*. Yes ; and as I have been told , depofed the fame in Subflance before the Lbrds.^ G. She here fpeaks of feveral that fhe long fince informed of this matter , is there any that have, or will depofe the fame ? for otherwife I (hall look up- on it as a new contrived Story malici- oufly to traduce the moft unhippy crown- ed Head in Chriftendom C King James the Second I mean } and therein to ferve a prefent Intereft. I fhould agre.e with you in the fame Opinion, if ic were not, nor could be proved by thofe to whom fhe reveal- ed it; but to fatisfie you that it both can, and hath been proved long fince to be difcovered by this D. S. pray read what Mr. R. his Wife and Daughter C before-mentioned in Smith's Informa- mation J do declare, and are teady to depofe. G. 4 Mr. R. his Wife and Daughter do declare, and are ready to depofe, That t about four years fince the afbrefaid D. t S. did declare, that fhe had heard a t Confult by Papifts feveral days before t the Earl of Effex's Death, wherein ic t was declared the Earl's Throat was to be t cut. And the faid Mr. R. further faith, that he did check the faid D. 5. for * fpeaking of it, and would not hear her * freely declare whac fhe would have faid t in that matter, becaufe it would have * been of dangerous Confequence to him- 'felf and Family , fhould fuch her Dif- 'courfe be over-heard, as it eafily might ' by any that might have liflned at the 'Window. And the faid Mrs R. further 'faith, That the faid D. 5. about four c Years fince did declare, That fhe could * fay much more than (he had to them ' revealed, and that fhe did hope fhe fhould * live to fee that day wherein flic might ' with fafety fpeak the Truth in this mat- c ter. L. Have either of thofe there been fworn before the Lords ? T. Yes, Mr. R and his Daughter, and they have declared to me they have de- pofed the fame in fubftance before the Lords. L. How long hath Mr. Braddon known of this Evidence ? T. No longer than about February lad. G. How doth that appear ? T. By thofe two Informations follow- ing y by the firft of which you will per- ceive, that what this D. 5. knew in this matter, fhe was much afraid to reveal to every one. L. She had great reafon fo to be ; for had it been long fince known to fome that fhe knew fo much, in all probabi- lity fhe would not now have been in the Land of the Living to have given this In- formation. 7. The Information you may read. G. A. M. of London, Goldfmith, de- pofeth, Thac fome time after the Death of the late Earl of Ejfix, obferving D. S. to be very melancholy, aud much con- cerned and troubled in mind , the faid R. M. defired the faid D. S. to tell the reafon of fuch her Dejedion; but the faid D. 5". at firft was very unwilling, fay- ing, She was afraid to reveal her mind te any. Whereupon the faid R. M. ad- vifed her to difcover it to fome particular Friend whom fhe could fafely confide in: Upon which the faid D. replied, Thatfowe- what which fl)e knew, with relation to the Death of the late Earl of Eflex, wot the caufe caufe of her trouble, and it was not fafe for her to reveal it (or words to that effeftj) whereupon the faid R. M. advifed her not to reveal it to any one, till fhe might with fafety. The faid R. M. farther faith, that about February laft , the faid R. M. finding it fafe to ask, and no danger to the faid D. 5. to reveal what fhe knew with relation to the faid Earls Death, he then defired her to inform him what fhe knew with relation thereunto. Whereupon the faid D. 5. told him fhe had heard a Confulc before my Lords Death to cut his Throat, and that fome, great Perfon was named at that meeting as concerned in contriving the faid Earls death, (or words to that efteft}) upon which this Deponent (^without being very inquifuive into particulars,} fpoke to one Mr.r. to acquaint Mr. Braddon, whom the faid R, M. knew not, nor to his know- ledge ever faw , and fometime after the faid Mr. T. told the faid R. M. that he had fpoken to the faid Mr. Braddon about it, and that the faid Mr. Braddon did defire him fhe faid R. M. to bring the faid D. 5. to the Croff-Keys in Watling-ftreet , where this Deponent and the faid D. S. with one Friend of hers more , met the faid Mr. BY addon and Mr. T. and then the faid D. S. gave the faid Mr. Braddon a parti- cular account of what fhe knew with re- lation to the Earls death. And this De- ponent doth verily believe, that before that time the faid D. S. never faw the faid Mr. Braddon or Mr. T. W. T. Gent, depofeth, that about Ja- nuary laft , difcourfing with one R. M. concerning the death of the late Earl of Ejjex, the faid R. M. told this Deponent, that he knew one D. 5. which could fay what was material, with relation to the death of the late Earl of Effex ; where- upon this Deponent declared, that he would inform Mr. Braddon of the fame, of which the faid R M. feemcd very willing and defirous : This Deponent did f accordingly, but the faid Mr. Braddon fpoke to this effeft, ( viz. } That bs did believe the Papifts did endeavour toputfiam- Evidence upon him, which they being able to detefl, would from thence argue againft the truth of all that fiouldbe faid. And therefore the faid Mr. Bra-ddon declared, that unleft the faid D. appeared to be of good reputation, and that fie had fome years fmce dtfcovered what fhe knew in this Cafe to fome Friends ; fo that it did appear, that it was not a. new contrived Story, either toferve the prsfent In- tereft, or to baffle what clfe fiould be fwatn , he would not believe whatfoeter fiefiwldfay, neither would he have her Sworn, whatfoever fie declared, unlefs it appeared as above, confirmed by thofe to whom fie revealed it. This Deponent told the faid Mr. Brad- don , that he knew not the faid D. S. neither (to his remembrance^ had ever feen her j But if the faid Mr. Braddon would appoint feme time and place, he might difcourfe the faid D. 5 1 . and hear what fhe could fay ; which the faid Mr. Braddon declared he would do, if he knew where to fpeak with her ; upon which , this Deponent went to the faid R. M. and defired the faid R. M-' to bring the faid D. S. to the Crofs Keys in Wat- ling Street fuch a day a0d hour, for there the faid Mr. Braddon and this Deponenc fhould then be. This Deponent further depofeth, that the faid R. M. D- S. and another, met this Deponent, and the faid Mr. Braddon accordingly j and this Depo- nent faith, that he this Deponent, the faid R. M. and another Perfon, were pre- fent when the faid Mr. Braddon difcour- fed the faid D. 5. who then gave -the faid Mr. Braddon a particular account of two meetings of Papifts feveral days be- fore the Earl of Effex"s Death, wherein it was declared hew the Earl of j^.t's Throat was to be cut, and by whom or- dered, and likewife of what paffed the day the Earl dyed , at the fame home where they met before his Death- This Deponent further depofeth , that the faid Mr. B>- addon then fpoke to. the find D. .9. to tins effect, That unlefs fhe could pro- duce Pcrfons of very good Reputation, to C 2 whom whom fhe had fome years before revealed fiances, as before depofed by Mr. M. and" it, he would look upon it as a new con- T. he never did. Q. Mr.3/. depofcth, that about February, he did inform Mr. T. and Mr. T, depofeth ic was about January : here feems fome trived Scory, eicher to ferve the intereft of the Government, or invented to baffle what elfe fhould be fworn ; for though it was ot very dangerous confequence to reveal it , yet he could not believe fhe had been fo fecret in it as not to reveal it to any j and thereupon this Deponent heard the faidD.S. declare fhe had re- whereof he did not fet down, he may vealed it to feveral which fhe named, be well uncertain as to a weefc or Now variation. T. None I think ; for when a man is to be examined to a Faft about fix Months af- ter the Faft done, the certain time but (he was by all cautioned to Secrefy, as fhe valued her fafety. The faid D. 5. did then further declare to the effeft fol- lowing, vi^. That for fome time after my Lord's Death it did extreamly trouble her, and fhe went to a Divine for his Advice rn the matter, for fhe was extreamly con- cern'd to think that the Papifls fhould lay the Earls death to his own charge, when fhe had ( as before ) heard how they themfelves had refolved to cut his Throat ; but the faid Divine told her, (as fhe then much more. Now neither of thefe In- formants being pofitive as to the time, but Mr. T. being more inclin'd to believe it to be in January , and Mr. M. thinking it was the beginning of February, each be- ing to Swear as himfelf belkveth (as to the timej thus came the feeming difference. Befides, when a man fpeaks of an aftion to be done about fuch a Year, Month, or Week , certainly ( in common accepta- tion J about a Year , includes either the very Year , or the Year before or after 5 faid) (he mufl be quiet and filent in the and about fuch a Month , either the ve- ry Month, or the Month before or af- ter, in the County of &*{/, 'and the next day went to the City of < Oxford , where this Deponent and the * faid William Holmes continued till "the ' $th day of the faid July -, and the faid * $th day , this Deponent and the faid * William Holmes went from thence to Al- * derminfltr in the County of Worcefter, ' to the honfe of one Mr. Nathaniel ' Swan, Minifter of the faid Town, and .' continued there till the 23^ day of the * faid Month of July, and then returned 4 towards London) and came to London the * Six or Seven and Twentieth of the faid Month of July ' Elizabeth Chriftopher , late Elizabeth * Cadman , now Wife of John Chriftopher f of Winford Street near Wbite-Cbappel } ' Cloth worker, maketh Oath, That fhe this * Deponent was Ser^mt to, and lived with 'William Holmes ^ Varnifher , from the c Month of April , tn the Tear of our Lord *' f<$8, which faid Mr. Holmes then lived c in Baldwins Gardens , in the County of ' MiddlefeX) and is now a Prifoner in tha * Gaol of Newgate^ and that this Depo- * nent continued his Servant as aforefaid, ' and lived in his Houfe front the faid ' Month of April for the fpace of Nine * Months and upwards then next follow- ' ingj and that there was not in that time * any other Female Servant living with the { faid Mr. Holmes. And this Deponent * farther maketh Oath, That the faid Mr. ' Holm's in or about the beginning of 4 the Month of July then next following, ' did go into the Country with Mrs. Do- * rothy Hetvit, Widdow, his Wives Siftes, ' and continued abfent for about Three Weeks v and fhe this Deponent hath * heard the faid Mr. Holmes his Wife and * Sifter declare , that they went into e Worcefterfrire, and in their abfence, this * Deponent did hear of the Death of the Mate Earl of Effex in the Tower of ' London* Nathaniel ( 14) * Nathaniel Swan of Alder minjler in the 4 County of Worcefter , Clerk , maketh Y$= 'Oath, That about the $th day of /#/;, < in the Year of our Lord 1683, William Holmes of Baldwin'* Gardens , in the * County of Middlefex, Varnifher , now a * Prifoner in Newgate , London , with and in the Company of Dorothy Hewit of * Hattsn Garden, in the faid County of 4 Middlesex , Widdow, Sifter-in-La*r to *the faid William Holmes , and Grand- 4 daughter to this Deponent, came to this * Deponents Houfe in the faid Town of 4 Alderminjler, and continued there with * this Deponent till about the Three and 4 Twentieth day of the faid Month of 1 July* 1 68?, and then departed thence * towards London. G. What can you fay in Contradiction to thefe Depofirions, either of which being true, your pretended Confult falls down to the ground f and your firft E- vidence proved falfe j Of the fame na- ture are (I believe) all the reft, though they may not be fo happily detected, as this Smiths Evidence is by chefe Depofi- tions. . I believe thefe Depofitions will be Of but little fervice to you, becaufe your Adverfary did fo readily fnrnifh you with them j I am therefore apt to think he may be able to deftroy the credit of thefe, as thefe feem to do the credit of Smiths. And if it (hall appear, that thefe Informations are falfe, fuch a de- tection will add great force to the credi- bility of Dorothy Smiths Depofition j for whofoever flies to Lyes for a Defence, hath nothing of truth and innocence for protection. G. I muft confefs there cannot be a greater Argument of Guilt, than a talfe defence* feeing every man in his defence doth virtually ronclude, // my Defence be falfe, my Charge is true. L. The Law concludes the fame in all Civil Actions 3 for inftance , he that is (ued upon a Boad , and Pleads non eft faflum, or fohlt ad diem, or a Releafe, or a former Recovery, '' I Hewit in Town , whilft. (he (wears fhe f '" and "" was with Mr. Holmes in the Countrey, <52| then any you yet heard , is a Taylors Papifts are | Book ready to be produced, by which it Bloody PCO-| appears , that Mrs. lie wit had a Dud- P^, The Pa-;- Gown , ( a peculiar Riding upper Gar- SKdJSj ment,)made for her the Week next after P i e> faa-am fhe fwore (he went out of Town , (this times mr v Gown was made the Week my Lord p*"'g > W Died,} the Gown appears to be made ^ about the Wednefday , which was the nr6 w of July, the fecond day next before my fhe frfl Lord's Death j but the Taylor can't be f y L pbflfitive what day of this Week he did >Mrt w deliver this Gown to Mrs. Hewit. The g h Taylor's Information is as followeth. ' J. W. of St. Dunftans declareth and Is * ready to depofe, that in //>, 1683, he * lived in Poppins Alley, nigh Fleet ftreet, * very near Mrs. Dorothy Hewit, and often * wrought for the faid Mrs. Hewit, and * between Mmday the prft of July 1^83, * and Monday the \6thot the fame Month * and Year, this Informant made or cau- 4 fed to be made , a Dud-Gown for the * faid Mrs. Hewit, as appears by this In- c fortjQanrSjR nnk ., ready to be produced; f^\ * andmev^ry fame V/eek , fvi^-J be- * tween Monday the pf/; of July 1683, and Monday the 1 6th of the fame Month and * Year (but in the very Day, this Infor- * maat is not certain j } this Informant 4 carried the faid Dufl-Gown to the D ' faid ( * faid Mrs. Hemt, who did then pretend * fhe was about going into the Countrey, * but how long after the Duft-Gown fo the 'delivered, the faid' Mrs. .Hemt did go * into the Countrey, this Informant know- * erh not. T. This entry before my Lord's Death next Leaf to this torn out and loft. L. Upon the (mailed matters things of 2 greateft moment many times do depend > who could have thought this entry fo preferved , would have been ferviceable info weighty and juft a caafe. T. No one Providence is independent is fo clear an Argumenc of the falcity of but the mod confiderable occurrences Holmes^ Defence- . are often brought about by things of the L. And confequently of the truth of leaft confederation. Jofepti's Dream pre- his charge. T. That there can'c be a more fatis- faftory Evidence in this part produced. G. How came this entry to be found out. T. When Mr. Br addon found- that Holmes endeavoured to prove fas before fworn by Hemt} himfelf out of Town from the ferved his Aged Father , and all his Ere* thren, and in them all that fprang from them, from that pale Famine that other- wife might have devoured not thefe on- ly, but Egypt it felf. And Ahafuerut not being able either to Dream or Sleep, noc only faves the Jews from their Enemies, but deftroys their very Enemies them- 6th of July 1685, to the z6th or 27*6 of felves. the fame Month Mr. B. did endeavour to L, What can Hdmes and Hemt fay in enquire out all fuch as either Mr. Holmes Vindication of this notorious falfe, De- or Mrs. Hemt were well known to or fence. traded with , and therefore he made in- T. As foon as Mrs. Hemt underftood quiry after all thofe with whom (in that fuch a Taylors entry was againft her Oath, Month and Year) they bought of or fold to fhe with Holme?* Wife went to this Tay- all Shopkeepers, Taylors, Butchers, Fifli- ' mongers, Shoemakers , Hatters , &c. and fuch as upon inquiry he received fuch Characters of, as he might expeft fair fatisfaftion from , he did defire to fee their Books in that Month of July, to fee whether any Goods were bought in Town lor, and defired to fee his Book, which being (hewed, Hemt ficft pretended that this Entry was^brged and new ; but when Mr. W. declared he could fafely, and would depofe that the Entry was real, it was then pretended that the Gown was fent into the Country after Mrs. Hemt ; by the faid Mr. Mimes or Mrs. Heveit , but when in anfwer to that, Mr. W, de- ( for proving Hemt in Town , proves ffelmes likewife in Town, becaufe its fworn and can be prov'd, they both went out of Town together,) or any Money clared he could depofe, that Mrs. Hemt was in Town when that Duft-Gown was made and delivered, and that ftie then pretended fhe was about going into the paid between the 6th and 26th ot July, by Countrey, ("but how many days after (he either of thefe. After a very long and tedious Inquiry, (all thofe Tradesmen did go, he could not tell.} Mrs. Hemt told him if he did Swear that, he would take being altogether Strangers to Mr. Braddon) off her Brothers life, and Holmes^ Blood he providentially met with this Mr. W. would be upon his head readily fhewed his who very readily fhewed hisBook , wherein isentred as before^^BBf This Book hath not been of any ufe. to Mr. W. for almoft five Years, and it was a very great Providence this had not been torn out, feeing the Book for fome Years had been ufcd as wafte Paper, and the very Perjury on his Head. L. This is a Villanous and Falfe Sug- geftion,to prevent the detection of Blood 1 , and evade the punifhment for the vileft Murder. I am fure of this , if Mr. W* fhould upon Oath deny what he can with fafety affert, he would, draw the guilt of And not only fo, bur, but this Perjury being in protection of a Murder, to that Perjury, he would add the guilt of my Lord's Blood, feeing by that Perjury he doth endeavour to ftifle the Difcovery, and prevent the Profecution of the mod Treacherous, Barbarous and Cruel Murder ( in all circumftances con- fider'd ) our Nation ever knew. If he that protects a Murderer (being well allured that he is fuch) in his Houfe, to avoid the common methods of Juftice, deferves in our Law to anfwer this Eva- lion, (which makes him acceflary after the faftj with nothing lefs than his Life. How much more criminal (before God) is he that by Perjury endeavours to fru- ftrate the Execution of Juftice upon the the like offender 5 the firft doth an aftion in it felf abftra&ed from the end hofpi- table, nay , it may be charitable, and his intentions ('which argues his after aflent to the Murder,} renders him a Criminal. But the fecond commits one of the greateft Tranfgreflions (which in it felf deferves almoft Death,) with die fame ill defign as the fkft j wherefore moft certainly he is the greateft Criminal of the two, by that addition of Perjury to the fame offence. And though our Law in this cafe punifh not the fecond Offender with Death, yet I am fure (and I think all men will own ; that the fecond moft deferves it. ' That D. S. was a Servant at Holmes^ ' the day of my Lord Rwjjefs Tryal, and 'my Lord of Effex'z Death, and that Mr. * Htlmes and Mrs. Dorothy Hevcit were then. * in Town, farther appears from the words ' of a Dying man , who upon his Death- e bed did feveral times declare he knew * D. S. then there a Servant, and Holmes and fievfit then in Town, and both ' Holmes and Hevejt that merning , pre- ' tended they would go to my Lord ' Ruffefe Tryal : This Perfon did often for 'feveral days before his Death, declare 4 this, as what he could anfwer as a great * truth before that God, before whom he 'was Ihortly to appear, and all this he ' did confirm with almoft his very laft * breath. This Perfon did farther declare, ' that when D.S. was a Servant to the faid ' Mr. Holmes, and a little before fhe left ' Holmes'* Service, fhe told this Informant ' fhe was much troubled with fomewhat * which lay upon her mind ; upon which ' this Informant was defirous to know what ' it was, but the faid D. would not tell, ' being unwilling and afraid ; upon which 'this Informant advifedher to go to fome ' Divine and difclofe it. L. If the pofitive Depofitions of the Living , and the laft Breath of a Dying man then dropping into Eternity, where this Relation ( had it been falfe, ) would 0tt eternally torment4 him ) may be credited, Hevrit and Chriftopber are moft notoriously perjured , ( and the Parfon himfelf about being forfworn, for about hath fav'd him from a flat Perjury,) and confequently Mr. Holtnes's Defence thus Sworn to, is falfe throughout. T. Who then can otherwife conclude, bat that his charge is true. L. It's very probable, that fome or o- ther that knew Mr. Holmes or Mrs. Hewit, might fee one or both of them at my Lord RuffeFs Tryal, (if they were there J or might that night hear them confefs their having been there j for this was a very notorious thing, and a fight which People of their Religion and Characters would rejoyee to fee and delight much in the Repitition of. Q. It's not unlikely but that others may remember they faw them that day, and heard them give an account of both my Lord Ruffd\ Tryal, and the Earls Death ; for both thefe things are fo remarkable, as may fix the remembrance of Holmes*?, and Hevnts being in Town in fome of their acquaintance. T. I think the Taylors Book before obferved, and the words of a Dying-man will be fufficient to convince all mankind. NeTer'chelefs I can't but fay this, that it's the duty of every Perfon that can be pofi- tive in Hewits or Holmes^ being in Town D 2 rhac (10) thit dcy the Earl of Effex was murdered, which was the fame day my Lord Ruffel was try"d,or their being in Town the day juft before or next after, (for that Week proves Hevoit Perjured , who Swears flie and Holmes went out of Town the Week next before , and returned not till the z6th of the fame month I fay whofo- ever can be pofitive in this, and reveals it no^ confents to the Death of my Lord ; and though Humane Law reach him not, the Divine Law-giver will one day lay ic to his charge, as confenting to this Blood. G. This Doftrine I do not well under- ftand. L. The Doftrine (I think; is both true and plain, and {will give you an inftoiK fomevvhat like This. A Gendman fucn a day very early in the morning was found Murdered between London and Highgate , with one Glove lying by the Body, and not any Perfonat thefirftby his Relations particularly fufpe&ed for the Murderer 5 at length upon diligent Inquiry , it was found out (about Two Months after the Death, ) that a certain Gentleman had fvvorn he would Murder the Deceafed, if he could ever meet with an opportunity. Upon this fufpition he was taken up, the Prifoner denies the fa mediately reflefted upon this Defence , and knew it to be falfe , for this Gentle- man with three others, (all knowing the Prifoner) very betimes the very morning the Murder was committed, (which was of a remarkable day ) were walking out in Lambs-Co-ndttit Fields , there and then met the Prifoner, (with another Perfou a Stranger to them; to whom they fpoke, and he to them -, and a little after the Prifoner, was his Spaniel running with a Fringe Glo*e in his Mouth -, this Gentle- man being well known to the Dog, calls the Dog, and takes from him the Glove, puts it in his Pocket, and carries it home^ This Gentleman therefore knowing this Defence to be falfe , concluded ( as he naturally might) that the charge was true, and hereupon (chough with fome re- Iu5tancy, becaufe the Prifoner was his ac- quaintance, but not dearer to him then his love to Juftice, ; declares what you have before heard, and fetches the Glove and his two Friends , and all depofe fin contradiction to the Prifoner s Defence what you have before heard related, and the Glove appeared to be the Glove of the Perfon Murdered, and Fellow to that found by the Body. ) And now I defire to know of you what you think of this Gentleman ( who thus falfjfied the De- fence,) did he do the duty of an honefi man. G. Truly I believe he did, and was to be commended for fo doing, though the Prifoner was his Acquaintance, for Juftice obliged him to it, and *=fjufftce fcnoto.6 neither Acquaintance, fetation jfrienfl. T. Bat do you not think that this Gentleman (in foro ConfcientitJ had been confenting to this Murder, had he fufter- ed the Prifoner 'by fuch a forged Defence (which he well knew to be falfe) to baffle the Profecution, G. By his filence he would have con- fented to the Murder, and (negatively at leaft) protected the Prifoner from that jufl Puniftiment which both the Law of God and Man juftly inflids for fuch an offence. T. Upon the whole matter, I think yon have rather loft then got any ground by thofe Dcpofhions upon which you forauch rely'd , to falfify D. S. Testimony j and that which you have brought to deftroy, hath ftrengthcned her Evidence, andcon- fequently (21 ) fequently gives credit to the truth of that moft Barbarous Murder. L. For my own pare I am very well fatisfied, that D. S. hath depofed the truth j for how can it be thought that fhe fhould declare Co long fince that fhe knew of this Confult , if fhe had not indeed heard it y her very faying it, would have gone nigh (J as it would then have been managed per fat ant nefat, to have coft her life j and to believe that fhe would ha- zard her life to a Lye , can't enter into my thoughts. And therefore I am verily perfwaded that nothing but the power of truth made her fpeak in this matter. G. It appears fworn by Hewit^ that D. S. threacned Mrs. Holmes wich Revenge when fhe was turned away. L. For this you have the Oath of one who is diffidently detected of a falfity in two other particulars , and therefore not in this or any thing elle to be credited. T. Had fhe defigned any Revenge, fhe would have fworn more home upon Mr. Holmes^ for when fhe was asked whether fhe did remember that Mr. Holmes was in the Room either of the Two Meetings be- fpre my Lord's Death , fhe declared fhe would not fwear it, bccaufe fhe remem- bred not that fhe had heard him there j tour all that (he could poficively fwear a- gainft him , was what palled after my Lord's Des:h , (vt%.j) When Mr. Holmes came into the Room about Three of the ClocJ^ that day my Lord dyed^ one ftrikes htm upon the Bac^ and crys we have done the feat ; upon which Mr. Holmes faid. What it the Earls Throat car, to which the other replied yet, and further fitid) he could not but laugh ta thinly how likf a Fool the Earl looked when they came to cut his Throat j upon Holmes'* Queftion, it was plain he well underftood the meaning of that exprefllon , the Feat was done^ or otherwise he could not fo readily have hit the thing. G. Can it be fuppofed Me. Holmes would Clock that day in every mans mouth ', and confequently Holmes could not but believe' without any further inquiry at that time of the day. L. What Holmes here fpoke by way of Interrogation , might be intended as a ftrong affirmation of what feemed to be asked, and this you can't wonder at -, Have you forgot that common Figure ? Qgnrit Erotefis, &c. Is not this the Carpenters Son ? Is not thif he (fpeaking of St. Paul) that deftroyed them which called on hu Name at Jerufalem, i&y. in both thefe, the thing is moft ftrongly affirmed. A Thoufand fuch inftances might be given. Or it's poffible that D. s. might miflake ; for whereas fhe faith , that Holmes faid, What is the Earls Throat cut ? which makes it an Interrogation , the Exprefllon might be, What the Earls Throat is cut , and this makes it a pofitive Affirmation. Here the words are the very fame, only in the firft, the Copula is placed before the Subjeft, and in the laft juft before the Predicate. G. I naufl confefs if either of thefe have fworn true, or the dying man fpoke truth, this truth is a very ftrong confirmation of her Teftimony, and I cannot well disbe- lieve thefe Five, feeing they do all fo well agree in their Evidence } for Five fwear Smith was there about Peas time , which mufl be after April. I fhall detain you no longer upon this particular* bui tlefire yoa to proceed. T. Secondly, the many reports in feve- ral parts of England (before the Earls DeatbJ tnat the Earl of Effe-x had cut his Throat in the Tower. This is proved by- Eight Witneflts. L. Enough fure to one point. G. If their credit be good, none ought to doubt what is attefted by fo many. Z.. The Scripture faith, that in the mouth of Two Witneffes a thing fiiall be confirmed i he that will doubt the truth of a Faft attefled by Eight credible Per- at Three of the Clock that day my Lord -fens is not to be argued with. Dy'd, ask whether my Lord's Throat was I". Pray read thefe Eight Informations. cue,, when it had been from Eleven of the . G. < C 34-0 G. W. T. declareth, and is ready to 4 depofe, that Wednesday being the nth ' of July 1683, the fecond day before the ' Death of the late Earl of Effex, one Mr.tf. 'of Froom'mSomerfetfiire, told this Infor* ' mam, -that the Earl of Ejjex had cut his c Throat in the Tower. This Informant far- ' ther faith, that about the \2th of the ' fame -Month of July, in the Year afore- ' faid, meeting fome Clothiers then newly ' come from Lindon , the Clothiers de- * clared to this Informant , that the Earl 'of Ejjex had cut his Throat in the 'Tower, Fryday before, abcutNine of the ' Clock in the morning -, upon which this 4 Informant declared, he had heard it from 'Mr. H. the Wedne/day before my Lords ' Death. This Informant farther faith , * that meeting the faid Mr. #.{bon after, ' this Informant asked the faid Mr. H. * how he could inform this Informant the * Wednesday before my Lord of Effex's 'Death, that my Lord had cut his Throat ' in the Tower, when it appeared that my * Lord of Effex did not dye till Eryday ' morning after, about Nine of the Clock. ' Upon which tbe faid H. anfwered , that * all concluded my Lord of Effex would ' either cut his Throat, or be an Evidence ' againft his Friend my Lord Ruffe I, and c moft believed my Lord would rather cut * his Throat, then turn Evidence againft -* his Friend. ' /. B.of Marlborough in the County of c Wilts, Pinmaker, declareth, and is ready * to depofe, -that he this Informant was at * Froom about 8 in the morning,about too 'Miles from London,Fryday the i-$thotjuly, * in the Year of our Lord, 1683, and this * Informant then heard at the Dolphin a- ' forefaid, that the Earl of Effex had cut ' his Throat in the Tower 5 and the Perfon ' that informed this Informant then far- 'ther declared, that he much feared it * might go the worfe with my Lord Ruffel * which that day was to be try'd. ' Mrs. M. declareth, and is ready to de- *pofe, that Thurfday the \2th of July, * 1683 , going with her Daughter into ' Bark/tire, her Daughter informed this ' Informant , that the night before being 'Wednesday night a Gentleman declared ' it was reported one of the Lords in the 4 Tower had cut his Throat. ' Mr. P. H. Merchant and his Wife ' both declare, and are ready to depofe, ' that thefe Informants were at Tunbridge- ' Wells about Thirty Five Miles frcm e London, the day of the Death of the late ' Earl of Effex , and about Ten of the My Lord n>.u ' Clock that very morning , it was vvhif- *# known to 4 pered nigh the Wells, that the Earl of b ' dead ltil Effex had cut his Throat in the Tower, after *""' ' but the fame was foon contradicted and ' hufhed up till Chappel was ended, which ' was about or a litcle before Twelve of the ' Clock, and then the fame report was re- ' vived,and fo continued without any con- * tradicYion. ' T. F. of Andover about 60 Miles from 1 Lwdon declareth, and is ready to depofe, 'that the iof/j of July i68g, being the ' Wednefday next before the Death of the ' late Earl of Effex, this Informant heard ' it reported at Andwer aforefaid , that * the Earl of Effex had cut his Throat in ' the Tower, and it was that fame Wednef- q day likewife declared, that the Earl cut ' his Throat for this reafon , vi%. ) the ' King and Duke coming into the Tower * where the Earl of Effex was a Prifoner ' for High Treafon , the Earl was afraid ' the King would have came up into his ' Chamber and have feen him , but his ' Guilt and Shame was fuch, that he could ' not bear the thoughts of it, having been ' fo ungrateful an Offender againrt fo good *a Mafterj therefore his Lordfhip cut his 'Throat to avoid it. This Informant ' farther faith , that the fame Wednefday * night inquiring at the Coflfee-houfe, whe- ' ther the Lgndon Letters made any men- *tion of this, he could hear of none * that writ of it ; upon which this ' Informant concluded it was falfe , ' though the fame report continued *at Andover. This Informant further * faith, that by Friday Port he did expeft a 'Con- Confirmation of the fame, but could not '(upon inquiry) hear of any LondonLtt- 'ters that fpoke of ic ; upon which this * Informant concluded all was falfe. But 'Saturday being the i^th of Jut}., the ve- * ry next day after the Earl's death, this * Informant was told that the Earl of Effex ' had cut his Throat in the Tower ; upon which this Informant declared he had * heard the fame (repeating what he had * as before heard) the Wednefday before ; * upon which this Informant was told that * it was very flrange, feeing the Earl did * not cut his Throat till the Friday after, * at or a lictle after Nine of the Clock in the * Morning. ' J. B. Declareth, and is ready to De- ' pofe, That he, this Informant, lay ac * Andover (about Sixty Miles from London) 'Thurfday night the nth of July 1685,, ' the very next day before the death of * the late Earl of Effex ; aad as this Infor- * mant Fryday Morning about Four of * the Clock, was going out with the Oftler * to catch his Horfe, the Oftler feveral * times over-told this Informant, that the * night before it was reported at his Ma- * fters Houfe, that the Earl of Effex had * cut his Throat in the Tower. This In- * formant further faith, That the very * fame day in the Afternoon he came to * his own Houfe in Southward in the ' County of Surry, and was then Inform* * ed, that the Earl of Effex that very 'Morning, between Nine and Ten of the 'Clock, had cut his Throat in the Tower; ' upon -which this Informant was much ' furprized, having, as before, heard the ' fame at Andover, nigh Sixty Miles from ''London, above Four hours' before the ' Earl's death. '7- S. of Bo/f and fvin Court is e feady to Depofe, That at or before Six ' of the Clock, that very Morning the late ' Earl of Effex dy'd in the Tower, (w<. July the i $tb 1683.^ there came 'into this Informants Houfe, a Gentle- 'tnan, who, with much concern, told * thh Informant he had juft before heard ' the Earl of Effex had cut his Throat in ' the Tower ; but this Informant about a ' Eleven of the Clock the fame day being ' informed that the Earl was not dead till ' about Nine of the Clock. This Infer- ' formant was much furprized at the Re- 'port of my Lord's having cut his Throat ' fo many Hours before the Earl's death. G. Have any ofthefe eight been fvvorn before the Lords / T. I have been informed by all thofe Eight -Witnefles, that they hive Depo- fed fin Subftance) as you have before ^ Report can b* L. I think no Man can well doubt theyW^W Truth of this Report before my Lord's "J more > hltt death, thus Depofed by fo many Wit- tft ^ e e: * !:t neffes vnllntt f atis -' U\.IJ^.Ot ft . , f, T. Thofe Men vyink hard, ("that they wknft'c^.' may not be convinced) who will nocw- reasonably conclude from thofe veiy Re- ports only, were there no other fort of Evidence, that this Brave and Honourable, but unfortunate Earl was indeed barbarouf- ly Murdered ; for you may obferve all thofe Reports in many Places of England, Agree in the Manner how, and the Place where ; for all faid that the Earl had cut his Throac in the Tower : One Report doth not fay the Earl had destroyed himfelf, which might have comprehended any manner of death, neither do any of thofe Reports fay, That my Lord had Poifoned, Stab'd, Hanged or Piftolled hmafelf ; C al1 which are common ways of Self- deftruft ion, and either might have been practiced by any Gentleman under Confinement) nei- ther do either of thofe Reports differ in. the Place where, ("though all thofe Pla- M ces where the Report was before my c Lord's death, that my Lord had cut his Throat in the Tower, could 'not at the time of this Report be prefumed to have been informed of my Lord's being in the Tower) I fay all thefe Reports jump in one and the fame manner of Self mur- der, and all agree in the Place where, (w^O the Tower. This clearly proves, that fome days before my Lord's very OommicV < 34) Commitment to the Tower, it was con- cluded, not only that my Lord fhouldbe murdered in the General, but Jikewife the Particular manner how, and the Place where refolved upon. For htnv could Froatne ("being a Hundred Miles from Lyndon) hear Wednefdcty Morning the nth cf July, of my Lords being Prifoner in the Tower , when hisLorfhip was not fent to the Tower till the day before(being the loth in the Af- ternoon: Or how could this Commitment be well heard of at Andrver ("about Six- ty Miles from London) on Wedmfday Morn- ing, (Tuefdays Port not being there till Wed- nefdayin the Afternoon) when the Com- mitment was not till the Tuefday in the Af- ternoon j and yet at both thefe Places, this very Wednefday Morning, was it reported that the Earl had cut his Throat in the Tower. L. To me 'tis beyond all doubt from what before appears, that the Tower muft be fixed upon as the place , where this perfidious Cruelty was to be afted, before my Lord was Prifoner in the Tower, and the particular manner concluded in, or o- therwife the Reports as to the manner how, and place where, would have differed. G. But how could it be fuppofed to be fent from hence the Saturday before my Lord's death , that my Lord of Effex had cut his Throat in the Tower , when it was well known throughout this Town, that my Lord was not then in the Tower, nor committed till the Tttefday follow- ing ? T. Upon the beft Inquiry I could make, and the moil probable reafon I can give (Tiow this came fo reported in the Country, before it was indeed done) is this : It was refolved upon, as D. S. depo- feth, Nine days before my Lord's death , that my Lord's Throat mould be cut. Now thofe that were privy to the whole Secret , and were willing to oblige their Country Correfpondents and Friends with this (_to that bloody Party) grateful refo- lution , That the Earl's Throat was to be cut in tjje Tower , and, laid to his own Charge , and this to be done either foon after his firfl Commitment, or upon my Lord Ruffe //'s Tryal ( which was put off fome fhorc time) fuch as had received fo weighty Intelligence were likewife willing and ready, partly out of a defire to oblige their Friends in the Country, ("to whom this Defign might be as acceptable ) and partly out of an Itch of telling News, and of being the firfl in the Country that gave Information of this to them glad-tidings) not doubting but my Lord's Throat was indeed cut, when it was firft refolved up- on to be cut, (vi%.~) either upon his firft Commitment ( which they might fuppofe would have been before it was, all things being fo refolv'd upon ) or upon my Lord RuJJetTs Tryal ("which was to have been before it was, but put off, of which thefe Country - Intelligencers might not hear. ) Thefe (I fay) being informed that the matter was thus laid, concluded the thing was done as it was fo defigned to be done , and fo reported the thing as done before it was indeed done. G. I took more particular notice of F's Information, than of either of the Eight. If I miftake not , F, fwears that the Wednefdcty before my Lord's Death, it was reported at Andwer, That the King and Duke being in the Tower, the Earl was afraid the King would have come up into his Chamber, and have feen him, but his guilt and fhame was fuch ( in confide- ration of his great ingratitude to the beft of Mafters) that he cut his Throat to a- void it j I defirc to fee this Information again. T. You are as to the Subftance in the right. G. This looks as though the Story were made after my Lord's Death , for the King and Dnke went not to the Tower till Friday Morning , and their then going was altogether a turprize to the whole Town : And after the Earl's Death their being then there occasioned very grofs re- flections, feeing they had not been fjas I have been credibly informed) above twice toge- Note. (25) together in the Tower fince the Reftora- tion.Now that this unfortunate Aftion ("the Earl's Death } fhould be cloathed in die very fame circumftancesB as afterwards pretended to be done, not only as to the Manner how , the Place where , but like- wife the Reafon wherefore -, which Rea- Ibn fets forch the King and Duke's being in the Tower when the Earl did it, and done to avoid feeing his Majefty ; for the Earl (aswasfaid} was afraid the King would have come up into his Chamber and feen him , but the King and Duke's being in the Tower could neither be fore- feen nor expected j this, I fay, makes F's Evidence fcarce credible. T. Neither the Cutting the Earl's Throat, or the place where it was to be done, or who was to be there, Cvi%. the King and Duke} when it was to be done, could be either forefeen or expefted by any but thofe who either laid this bloody Scene, or were privy by Information to its contrivance , and fuch as well knew , or had been informed how this matter was refolved upon, may well be fuppofed capable of giving a particular Information of this/tcruel Tragedy. L. I do well remember that the ve- ry Morning my Lord dy'd there was a fmall Paper cry'd about of the Earl's Death, wherein it was fo reprefented, and the common report of the Town then was, That the Earl cut his Throat, for the fame reafon fo long before afligned by the report at Andover. I muft confefs this is very aftpnifliing, and whofoever believes F's Evidence only, muft from fuch a belief be fully allured , not only that the Earl's Throat was defigned to be cut j but likewife that it was contrived to be done in the fame circumftances it was afterwards acled under , for elfe it could not poflibly be fo circumstantially report- ed before my Lord s Death j not only as to the ffow and the Where , but likewife the Wherefore given out before it was done. T. Gentlemen, I perceive you are both extremely furprized with this par- ticular Evidence of F. as what looks like an after made Story, feeing the Earl's Death was here fo long before reported , as afterwards it was pretended to be acled, both as to the Circumflances of the King and Duke's being in the Tower, and the Confideration that (was pretended) then moved the Earl hereunto (ii^.) fear of the King's coming into his Chamber, and feeing him, which his guilt and fhame (as was pretended ) would not bear the thoughts of: But to confirm this Dcpofi- tion, you will ^hereafter hear others de- pofe the fame j in the mean time I defire you would compare this with that part of D. S. Evidence, which declares, That Nine days before the Earl's Death it was declared, that the Duke had concluded and ordered his Throat to be cut ; And Higknefs bad promifed to be There when ic was done. Now it would have looked more diredly upon his Higknefs^ fhould he alone have gone into the Tower that Morning j and therefore as a colour to that pretended reafon for the felf-mur- ther, and a Skreen to his Highnefs, his Majefty muft be perfwaded to go down likewife ; fo that if any ftould fay the Earl was Murthered, it fhould be efteemed a Refleftion upon his Majefty, who was then in the Tower, as though his Ma- jefty had gone co the Tower that Morn- ing to Murther the Earl. Thus we find the matter managed by the I*>rd Chief Ju- ftice and Attorney-General at Mr. Brad- dor^ Tryal, almoft throughout the Tryal L. I perceive then that you do not think Charles the Second had any Hand in contriving this Murther. T. 1 do not, I aflure you 5 but rather the contrary, upon very good reafcns j which you will hereafter be fatisfied in, for I (hall mention them in their proper place. But I do verily believe, that fome ftiort time before the King's Death, his Majefty was perfwaded the Earl was Mur- thered ; and had his Majefty lived fix Months longer, it's very probable you might long tince have feen thie detecti- on. E /.. r (26) L. I have fome rcafon for the fame belief : For I do well remember about fix Months after the late King's Death , I was credibly told this Story , my Lord Chief Juftice fefferyes not long after that King's Death was ac fome pub-lick place, where lie took an occafjon to fpeak very large- ly in praife of his Majefty, then lately de- ceafed } and after he had made a very long harangue in his praife, his Lordfhip turned about and whifpercd a Gentleman in the Ear (whom he thought his Confi- dent 3 faying, If the King bad lived fix Mmths longer, we hadbeen all Hanged, not- mthft. tiding what I have faid. T, The meafure of his Lordfhip's Ini- quity was not then full- L, It feems not ; but every Man muft believe his Lordfhip's meafure was very large, or otherwife the great quantity of innocent blood therein powered by his vile Injuftice, had long before his Death made it run over. 0. I do very much wonder (admit- ting the Earl was Murthered, which I am now al.moft brought to the belief of) how it fhculd thus become generally reported in fo many places before his Death. L. This altnoft will fhortly be an alto- gether, and y-cu will in this be throughly perfwaded of the truth of this barbarous Murther ; for I have reafon to think, much more will be faid to prove it, becaufe there are fo many Witnetfes of which we have as yet had no account. T. The reafon of its being fo gene- rally reported before it was done , you will not fo much admire ar, if you confi- der all the Circumftanoes of this Action. This Murther was not afted out of any private Motive, to fome private End ; it was not done for the fatisfaclion of Per- fonal revenge : No, this was a branch of that Curfed, Arbitrary, and Popifli Defign againft our Civil and Religious Rights at that time carried on with all the fury ima- ginable under colour of fupporting the Englifh Monarchy and Church of England, both which were then falfly faid to be threatned with Ruin by that Party, of which that truly Noble, but unfortunate Lord, was marked (out) as ore of the Chief: I fay this was done to remove a Chief Gbftacl&o that Popifli and Arbitrary end, the true Enemies of both Church and Stare were then carrying on , for you find it Sworn by D. S that fcveral days before the Earls Death, the Papifts curs'd him as one who knew much of their De- figns, (which he could not be ignorant of obfervingjfthough with hatred) from thofe high Ports he had been imployed in) and was fo very averfe to their Intereft, that unlefs he was taken off, t hey flmld never carry them on. The carrying on their Po- pifh, Arbitrary, and Devilifh Defign you fee was by themfelves affigned as the rea- fon of this mod perfidious and barbarous Cruelty ; fo that this Murther was a branch of their Plot, and confequently might be fuppofed to be known to many j All which have not been Men of the greateft fecrecy, witnefs their Reports of the Fire of Lon- don fo long before it came to pafs ; and their giving an Account of Sir Edmondbury Godfrey's Death in the Country, be fore we could be allured of the fame in Town, the Body not being then found. Several the like Inftances might be given. L. For my own parr, I can vvafh my hands from the blood of any of thofe un- fortunate Gentlemen which fuffered for en- deavouring to oppofe thofe Arbitrary de- figns, which the Charitable opinion mo/l men had in the then Court could not at that time beliere to be true , but to our great Danger and Coft we have fince feen them appear more bare-faced; and thole very men who efleemed it Damnable to draw the Sword in defence of our Reli- gious and Civil Rights, though never fo grofly Invaded, have fince altered both their Opinion and Practice, and could now weep over the Duft of thofe whofe Perfons they efteemed not deferring of life. Bur, bleifed be God , our Common Danger taught us to unite againft the Com- mon Enemy of all true Religion and Liber- ty, and to joyn as one Man with that Hand from Heaven (our prefent Sove- raign ) raign) fenc torefcueus from what threat- ned the deflruction of whatfoever was dear to any of us, May God in mercy preferve us from thefe heats and animofi- ties which being (by our common Enemy) once throughly enkindled, may go nigh to end in the utter deftruction of all that which of late hath been miraculoufly fnatch'd out of the fire , inftrumentally by that hand which fome of us (ungrateful as we are^) by our actions feem , neither to thank as our Benefactor , nor acknowledge as our Sovereign , though he feems to have a double Title to the Crown , Jure Divino, (]by that Miraculous fuccefs God was plea- fed to Crown him with,) and Jure Huma- no by that Election (in common Grati- tude ) made by the States of the King- dom. L. From all thefe reports, we may well conclude the Earl's Death was refolved up- on by that Bloody Party which Murdered him both in Perfon and Reputation , and the manner how, the place where, and the (forged ) Reafon wherefore agreed in. Thefe Bloody minded men would ("without doubt) from the fame motiveSyand to car- ry on the fame end, deftroy as many more, were it once again as much within their- power as it then was , only they would do it with this difference, that whereas there- in they did aft clandeftanly, wemuft ex- peel: that hereafter they would do it in the fare of the Sun, and juftify it. But from their Cruel Power and Bloody Malice , Cosd Lord deliver m. G. I defire not to detein you any longer en this particular, for I am herein well fa- tiificd, and therefore pray proceed. T. I am now come to the fecond gene- ral head, Cvi^. ) wn *t paired the day my Lord Died , you may obfcrve it was de- nied by Bsmeny, Monday and Ruffe I, the three that attended on my Lord at the time of his Death, the firft as his Servant, and the two others as his Warders, that there was any man let into my Lord's Lodgings be- fore my Lord's Death that Morning my Lord Died i the like did John Llojd (the. Senti- nel that Morning my Lord .-Died , at the door of Major Hajple/s Houfe, wherein my Lord lodged.) I fhall now prove that there were fome Ruffians let into my Lords Lodgings a little before his Death to Mur- der my Lord. Pray read this Information. G.'S.S. Linnen-Draper declareth, and i* 'ready to depofe, that the 21 th of J&- 'nuary laft, this Informant was at the Goat ' Alehoufe in the Mlnories , where John ' Lloyd Sentinel upon the late Earl of .Effex * at the time of his Death, as this Informant ' then was informed, was that day brought ' Prifoner, being taken up as fufpefted pri- ' vy to the Death of the late Earl of Eff'x. * This Informant further faith, thar he this ' Informant difcourfed the faid Lloyd ccn- ' cerning the faid Earl's [Death, and the ' faid Lloyd did for fome fhort time often ' deny that he had let in any men into the ' Earl of j(Jt-x's Lodgings that Morning the ' Earl dyed, This Informant perfwaded ' the faid Lloyd to difchargq his Confidence ' to God and Man, and tell what he knew ' with relation thereunto, left by his denial ' or filence, he fhould draw the guilt df that 'Innocent Blood upon himfelf ; buc the ' faid Lloyd for fometime per fitted in his 'denial, and whilft the faid Lloyd was de- ' nying his letting in amy men into my ' Lord that Morning my Lord Died, before ' his Death , there was brought into the * Room o.ne Major \tfebfter (as this Infor- ' mant afterwards underftood him to bej ' then Prifoner for the fame matter. This 1 Informant did thereupon ask the faid ' Lloyd whether he knew the (aid Webjler, 'which the laid Llnyd denied, and faid, he ' never faw him before in his life j upon ' which, this Informant faid, ic was very ' much that the faid Llo)d fhould net knew ' or remembtr to have fcen the faki Wf9ft?r '-who was his Neighbour, and very noco- ' rious in the place where he.- lived. But 4 the faid Lh;d perfified for lome. fhort 'time in his denial of any knowledge cf ' the faid Webjler*, but focn after, the feiti c Llo)d took fhis Informant by the hand, ' 2 an<* C 28) ' and wringing this Informant's Hand, with ' Tears in his Eyes , fpoke to this effect. = ' Mafter I give you a Thoufand thanks for ' your good Advice, and I do now remem- ' ber by fpecial order of Major Hawky I * did let in two or three men (but to the * beft of my remembrance three) into my ' Lord's Lodgings that morning my Lord dy- * ed, and a very fhort time before his death ; * and that man (pointing to Webfter') was ' one of the tliree Men I did fo let in j upon * which this Informant told the faid Lloyd, it * was very flrange he (hould pretend that * Webfter was one of three Men he had let ' into my Lords Lodgings juft before his death, when the faid Lloyd had a little be- * fore pretended that he never favv the faid * Webfter before that time. This Informant * further fpoke to the faid Lloyd to this ' effect, That as the faid Lloyd was eonfent- ' ing to my Lords Death , in cafe he did * endeavour to ftifle any truth which might * tend to the Difcovery of my Lords Mur- c der, fo would the faid Lloyd be guilty of c Webber's Blood , if he fhould charge him ' in this particular with a Lye , for what * Jury foever fhould believe that Webfter ' was one of thofe let- into my Lord juft * beffre his Death ( it having been by all * deny'd that any were fo let in*) would c like wife believe that Webfter was one of * the Ruffians that Murdered his Lordfhip ; * and therefore this Informant advifed the * faid 'Lloyd to be very careful in the mat- * ter: Whereupon Ltsyd replied , that he * could be very pofitive in the Man, and * if he were evet* then to dye , he could * fafely and truly charge him upon his * Oath with it. This Informant further * faith, that Lfyd did then further declare, * that as foon as he had let in thofe men * into my Lords Lodgings, he did hear fe- 4 veral ( and he did fuppofe them to be * th%i^he fo let in J go up- Stairs into my * Lord's Chamber, where there immediate- ' ly enfued a very great noife and tramp- * ling , and thereupon fomewhat thrown down like the fall of a Man ; not long after * which, it was cried out that the Earl of * Effex had cue his Throat. Lloyd did fur- ' ther declare, that he did not remember * that lie favv thofe men go out of Major * Hawkf* Houfe, but he did believe they- * might tirry fome time in the Houfe, till 4 the Croud came in upon the Difcovery of ' my Lord's Death, and then went out with ' the Croud. L. Did k any others befides Mr. S. hear this Lloyd thus confefs the letting in thefo men. T. Yes. Befides Lloyd before the Juftice confefled the letting in Two men into my Lords Lodgings a little before his Death ; as appears by the Coppy hereof. The Examination of John Lloyd of Good- mans-yard, ix Aldgate Parity without, in- London , ClothtvorJ^er , ta^en before John Robins /# one of the Juftices of Peace. for the Count)/ of Middlefex, the 22th day of January, Anno Domini 1689. THis Examrnant faith, on the day where- on the Right Honourable the late Earl of Effex was found dead, upon the fufpi- tion of having been Murdered in his Lodg- ings in the Tower of London, he then being a Soldier, was (landing Sentinel at the Door of the faid Earl's Lodgings, and had order to let no body go up Stairs to the faid Lodgings without leave from Major Havrley or the Warder then in waiting on the faid Earl y and that about half an hour after Eight of the Clock in the Morning of the faid Day, two Men (to this Examinant un- known, ) knocked at the Hatch-door be- longing to the faid Lodgings, and by per- mkfion of the faid Warder, entred the faid Lodgings, but when they came out, he can give no account ; and that about Nine a Clock he heard a ftruggling on the faid Morning, and a little time after , heard a Crying, my Lord is dead. T. Read this likewife. * jeftion agaififl this Lloyds confeffion, which will I think deftroy it's credit with all Men. If T miftakc not, you told me this Lloyd a; MY. Braddons Tryal upon Oath denyed the letting in any Men before my Lords death. T. Tis very true. wherefore compare the circumftances of his Confeflion v.ich what heafeerwards declared, under a great Injunflion of Secrefy j (w'O That he was troubled night and day , he had confejjed the letting jn thefe men, for though it was indeed frc-, he fliwld not have confejpd. Confide r tn'rh becomes not a Lye by being deny'd, (though upon Oath,) nor a Lye a Truth hy being fworn. Wherefore all circumftan- ccs confidered , you have much ftronger reafoMS to believe Lloyd's now Confeflloi?, than his former Oath. But that there were fome Men lee into my Lord , and were buftling burtling with his Lordfhip juft before his Death, appears more clearly from this In- formation following, which I defire you to Ilead. G. c M. B. Declareth, that a little before * the Death of the late Earl of Effex was *-difcovered , this Informant was walking * up before the Earls Chamber Window, * and hearing a very great trampling and 4 buftle in my Lords Chamber, this Infor- * mant flood ft ill, and looking to the Win- * dbw of the faid Chamber , faw Three or ' Four Heads move clofe together , and * heard one in the Chamber, which feemed * to be one in this bufUe,cry out very loud 4 and very dolefully, SltrDer, Sphlttifr,. * Sl^ltrOer > This Informant not then 4 knowing it to be my Lord's Lodging, nor * thinking any other of this Cry , than * what might be occafioned by fome acci- * dental quarrel , walked up towards the 4 Chappel , but not out of fight of the ' Lodgings 5 and about a quarter of an hour * after (or lefs,) it was firft cry'd out in * the houfe, that the Earl of Effex had cut 4 his Throat , upon which this Informant 4 went down to the Houfe , and being ' (hewed the Chamber where the Earl lay, 4 (he found that was the Chamber where 4 fhe faw the Men, and heard the buftle, 4 and Murder thrice cfy"'d out as before 4 related. This Informant further faith , that fome few days after this,telling Mr. P. 'and his Wife, (whom (he then kept in 'her lying in) of what (he had feen and ' heard as before declared ; the faid Mr. P. 4 advifed her not to fpeak of it , for her 4 divulging it , in all probability, would 4 prove her ruine. L. Is this Woman Sworn. T. Yes, and as fhe hath Informed me, de-- pofed the fame. G. Bur what is become of this Mr. P, T. His Information is ready, which you may read. G. ' A. P. declares, that within a Week 'after the Death of the late" Earl of * Effex , M. B. did give t his Informant *and his Wife the fane Account as above ' related by the faid M B. and this Infor- c mant did then caution and advife the faid * M. B. not to reveal it, left it fhould prove 'her ruine. L. Is this Mr. P. fworn ? 71 Yes, as he hath informed me, and depofed the fame. T. This Mrs. B. was very unwilling at firft to declare in this matter what (he knew to be true. L. Why there was no danger in the dif- covery, upon this Revolution. T. It's true j and it was not danger, but (what fhe thought her} interefl that would have deterred her. L. InrcreflJlsfhe aPapift? 7". No, neverrhelefs (he thought it not for her Profit this Murder fhould bedifco- vered. L. Certainly it's both the duty and in- tereft of all true ProtefUnts, that this Mur- der fhould be fully deteded 5 and I can'c well forefee wherein it could be incon- fjftant with this Womans Interefl (if fhe were indeed a Protcftanr, } that this Bar- barous cruelty fhould be laid open. G. It may be fhe was afraid fome Friend or Relation might be concerned. 71 That's very true, it was to fave a Re- lation, but not of Blood or Affinity, but a Civil Parent, the cruel Father of us all, the late K. I mean. For the cafe flood thus -, this Mrs. B. had been Nurfe to fome Pa- pifls of Quality , and others where that Infamous Madam Midnight , Madam Wilks had been Midwife , and this Mrs. Willy had pretended a great kindnefs to this Nurfe, and had aflured her (he would get her in- to the Court to be Nurfe to fevcral Per- fons of Eminent Quality, which this Wo* man thought might be much for her ad- vantage ', and therefore when Mr. Braddon firft fpoke to her, and aiked her wheil>er (be was in the Tower that Morning the Jate Earl of Effex died, fhe anfwered (feem- ing under fome furprife and diforder, ) Yes, Mr. Braddon then dt fired to know- whac what fhe either heard or faw with relation to that unfortunate Lords death j fhe very fhortly replied Nothing i whereupon Mr. Braddon ( who before had difcourfed Mr. P.~) told her either fhe was a Liar or Urt- juft , a Liar if fhe did not fee and hear that which was material with Relation to my Lords Death , feeing fhe decla- red the contrary juft after my Lords Death to Mr. P. and his Wife , or very unjuft, if what fhe had formerly declared were true, and would not now reveal it , fhe faid fhe would have nothing to do with-it, and fo flings up Stairs. But Mr.Braddon being fhortly after informed that this Woman had declared it was againft her Intereft this Murder fhould be difcovered and pro- fecuted, becaufe it would be fixed upon King James , whofe return and fettlement fhe defired , for Madam Willy had promifed her as before declared ; and therefore fee- ing Mrs. Willy would have no intereft in cafe this Murder were difcovered, and fo (he fhould loofe a very great Friend. She was refolved not to tell what fhe knew, nor would have any thing to do in the matter. Mr. Braddon being thus informed, defired once more to fee this Nurfe j when he faw .her, he told her he did underftand that there was fomewhat which flood as a pre- judice againft her revealing what fhe knew, but he declared that he would move the Honourable Committee of Lords, that fhe might be brought to the Bar of the Houfe of Lords and Sworn , where fhe fhould either perjure her felf in the concealing of what fhe knew, in doing whereof, fhe .would not only be guilty of Perjury (when .fworn to difcover the truth, } but to that Perjury would add Blood , (for which at the laft day fhe muft expecl: to anfwer for could (he reveal any thing with rela- tion to this Murder, and itifled it , fhe by fuch her filence confented to the Blood of my Lord* and how clear foever fhe might efcape the punifhment of our Law, fhe could not but expeft fhe muft anfwer it before him who pofitively requires Blood for Blood , and that all Governments fhould make diligent Inquifition for the Blood of the flain, or otherwise he would require that Blood f thus buried through neglecV at the hands of fuch Majeftraces as were diffident in their Inquiry , and more ftridly would he one day reckon with thofe that could deteft the Murder, but refufcd to reveal it i for upon fuch more efpecially would the guilt lye, be- caufe the Majeftrate can make no difcovery but by Information i and therefore thofe that refufed or negk&ed to give their Information, would moft certainly one day feverely anfwer for fuch their fi- lence. Such Difcourfe as this Mr. Brad- don had with this Woman before feverai others 5 after which Mr. Braddon defired to know whether [he would go volun- tarily or upon motion, be brought to the Houfe, for he was refolved fhe fhould be Sworn. Hereupon fhe declared , fee- ing fhe mufl be fworn, fhe would rather go willingly than through fuch compul- fion ; and then went accordingly , after which fhe declared what you have before heard, whereas before fhe was fworn fhe would reveal nothing. L. This is a great Argument both of the truth of her Evidence, and the In- tegrity of the Woman , who rather than facrifice her Confcience by Perjury, would facrifice (what fhe really believed to bej her Intereft. T. Would no Perfon in this Cafe be guided by Intereft or ArTeftion , but all ingenioafly reveal what they know , you would fpon find that difcovered which now lies buried in filence, but may fooner be detefted than fome ima- gine. L. If it fhall hereafter appear , that any Perfon knows any thing material of this Villany , and hath not revealed it, he may be mofl juftly efteemed con- fencing to this Murder j and how far our Law may extend in its punifhmenc, there may be an occafion hereafter to try. G. This O. This Evidence of M. B. doth very much agree with Lloyd's Confeffion, for Lloyd declared, That upon the three Mens going into my Lord's Room, there was im- mediately a very great Noife, and this 'M. B. heard ; But Lloyd declares nothing of Mur- der cry d out, wliich M, B. declared fhe heard. It's ftrange Lhyi fhould not hear it as well as the Trampling, if indeed there was any Murder cry'd out. L. It is very probable tiiat Lloyd, did hear Murder cry'd outjfur :t's hardly poflible to be otherwife,becaufe it feems Murder was cry'd out thrice very loud, and very dolefully j but fhould Lloyi have confefled that he let in thefe three Men, and that upon their going into my Lord's Room, he heard a very great trampling andbuftle, and my Lotd cry out ([ Murder feveral times ~) as before depos'd ; by this he fhould have accufed himfclf as privy to the Murder ; for feeing Lloyd did noc immediately cry out to the next Guard, fo that thefe Ruffians might be fecured, and if pofTible the Murder prevented, or at leaft thefe Cut-throats taken, one of which he might eafily have done. Nay, in all proba- bility thefe Men would have foon defifted, had they heard the Sentinel cry out. But Lloyd lets them go, and inftead of a Difco- very, by Perjury endeavours to conceal it ; and therefore may well be fuppofed prepa- red to permit this execrable Tragedy. G. Permit! What could a Sentinel do, who is placed at his Stand, but could not leave his Port? L. Two things are required of fuch Sen- tinels i firft,to fee the Prifoner be kept clofe, without any Communication by Word or Papers thrown into his Window j andfe- condly, to preferve him from Violence. 0. 'Tisvery poflible that this poor Senti- nel might know nothing of the Matter till after the Pcrfons were let in, and then he perceiv'd, by their buttling with my Lord, and his Lordfhip's crying out Murder, that they came with an intent to murder my Lord i yet the Power 2nd Authority that fent thefe two Men, might tie both the Tongue and the Hands of this Sentinel, from endeavouring either to prevent the Action, or fecure the Aors ; that he thought it might coft his Life to oppofe with either. So that this poor ignorant Souldier, ie as much to be pitied as blamed. T. Had he made a full and ingenuous Con- feffion upon his being now feized, and gi- ven this Reafon for 'his Silence, he had de- fer ved great pity for falling under fo great a Temptation as the fear of Death. But when inftead of this Ingenuity, which might be naturally expeded from fuch Innocence as you here reprefent this Souldier under, you find the contrary 5 and inflead of being fo free as to tell the whole Truth, he feemed, much troubled that he had reve.aled any part, as appeared by that Expreflion to T. when he declared, ' That tho' it was indeed true what * he had confefled, he fhould not have con- ' fefled it j this, I fay, is fo far from arguing this Souldier that Man you would now feem to reprefent him, as it rather concludes him a Confederate in the Faft. O. ' I muft confefs,his retracting what he * had owned to be true, and declaring he was ' very forry he had confefled it, tho' it was ' indeed true, feems to argue him not fuch a * Stranger to the Faft as I could wifh he * were. L. Have you any thing more as to this Point, for I perceive we are very tedious to' you? T. NotintheleafV, But T rejoice in this Occafion, of giving you Satisfaction in this Matter. Here are fome other Informations, with relation to this Point, which I defire you to read. G. E. G. and S. Id. declare, c That die e day of the Death of the late Earl of Effex % C (V) The i3*&of 7*/y 1683, about ele- i ven of the Clock the fame day, one R. in e the hearing of thefe Informants, did declare, * that he was in the Jower that Mornir;)?, where * it was reported, That the Earl of E$v had * cut his Tisroat j but he vcas fun he was mur- ' dewd> ~nd that by the Order of his Royal High- * nfi ; for the faid R. then declared, that he * did obferve his Majefly and Royal Highnefs * part a licile from thefe that attended them, F and ( 34) and difcourfed (to the be/I of thefe Infor- * mants remembrance, the faid R. declared ic was) "in French, concerning the Prifoners ' then in the Tower) and his ff^hmfs declared, * That of all the Prifoners then there, the * Earl of Effix ought to betaken off: bur his 4 Majefly (aid he was refplved to fpare him ' for what his Father had fuffer'd-, upon which ' his Higlinefs feemed very angry, and a little ' before the Death of the faid Earl, his * Highnefs parted a little way from his Ma- * jefty,and then two Men were fent into the * Earls Lodgings to murder him,which having * done,the fame two Men did again return to * his Highnefs. This the faid R. declared with ( grwt Eaneftnifs and Pzffion, and protifted he * thought no MM was ftfe which was againft the ' Popifh Interefl, if once they began thus bare- ' faced to cut Throats. T. R. proceeded farther, which you fhall hear in its proper place. (/.How very improbable is it, that the King and Duke fhould talk fo loud concer- ning the Earl of Eflex, as that a Souldier fhould hear them ? This feems to carry its own Confutation. T. If you confider it I think there is very little if any^probability in this Evidence ; for you may obferve that R. declared the King and Duke flood a little way off from thofe who attended them, and they difcourfed in French. Now there is not one common Englifh Souldier of a thoufand who doth underftand French, the Odds was then fo great that this Souldier knew not what they faid j therefore it's not fo improbable as at firft you may think it. G. Can it be thought that the Duke (ad- mit he was To wicked as to be concerned in fuch a Faft) would be fo very foolifh as to fend the Ruffians fo that any People might fee their Miflion and their Return. T. Pray confider this Murder in all its Circumflances, and then tell me whether thofe bloody Varlets had not all fteafon in the World to have all the Security could be expefted or defir'd; you well know that my Lord of Ejflx was defervedly very popular, and therefore a Parliament that fhould have had the leaf! Information of this treacherous and bloody Murder, would have profecuted the Matter with all the Diligence and Vigor, that fuch a piece of Barbarity deferved. Now fhould they in fuch their Inquifltion have detected thofe treacherous Villanes, thefe bloody Men mufl have ex peeled no Mercy. And fhould the Duke have imployed them in his Clofet cmlv and they could not by any Circum fiance have given Satisfaction that they were his hired Journey-Men, in this piece of great Service, their Evidence againft him had not been the tenth parr fo credible as it would have been, could they have proved that they were fent by his Highnefs towards the Earl's Lodgings juft before his Death, and foon after returned to his Highnefs, before others knew that this cruel Tragedy was finifhed. This Circumflance, I fay, would have fd corroborated their Evidence againft their Mafter, that none could in the leaft have doubted of the truth of their being fo im- ployed, that were once fatisfied they were as before fent by, and returned to his High- nefs. This then obliged his Highnefs under no lefs Obligation than Self-Prefervation to skreen thofe his faithful and ready Servants from any Profecution, well knowing that his own Intereft ( and indeed Life) vvas wrapt up in theirs. Wherefore I think this matter was very cunningly managed (as to the Security of thefe Cut-throats from the Hands of JufHce, either in their Punifhment or Profecution } and it could not poffibly have been done with greater Safety to the Perfons of thofe that did it. L. What is become of this honefl brave Englifh Souldier? T. We have reafon to believe he was taken off by way of Prevention, as you will hear in its proper place. L. I have heard of others that have fallen Sacrifices to the damned Secrecy of this Villanous Murder. T. I fhall immediately inform you bf one : here is the Information of two, much of the fame with the former. ( 3 read but the Evidence of Mr. BlaithwMt, ( Clerk of the Council, in 1683.3 ' m Mr Braddon's Trial, pag.zz. you will there find Mr. Blattbrpait being fworn on the behalf of the King, againft Mr. Braddov, gives an Ac- count to the Court what the young Edward's Sifter declared to the Council- Board, (vk.~) That Erzddon compelled the Boy to (tgnit, (the Paper the young EdTvard^Cigned^ this you fiud to be only hear-fay Evidence, and the Author ( the Sifter 3 then in Court, but te- ftified no fuch thing ; therefore this hear- fay Evidence ought (. if any ought") to have been rejected ; and yet this hear-fay Evi- dence tho' not confirmed by the Author then upon Oath 3 was not only admitted, but ordered to be printed in the Trial in large Capital Letters j how much fooner ought the Evidence of B. and his Wife f what M. declared} and of H. and<7. as to A's Account, be particularly remarked, fee- ing M. and R, we cannot now produce in Court C as that Author was, but efpecially the firft ) being prefumed to be murdered, by way of prevention, by that bloody Party that murdered my Lord. L. We have a Maxim in our Law, That no Man (hall tafy an Advantage ofhts own Wrong; but thePapifts will totally deftroy this Maxim, for by the Murdering of thofe who know their Offences, they totally fup- prefs and deftroy their Evidences, and then will not admit of an Account, tho' upon Oath, of what thefe Men fo murdered (_ by way of prevention ) declared, bccaufe it's but an hear-fay Evidence ; certainly if there be any Wrong, Murder is fuch, anPof all Advantages by that Wrong) the laving one's Life is the greateft. T, Lloyd upon his firft Confefflon could not b? pofitive whether Major Hswley> or. Monday* opened the Houfe Door to the Ruf- fians. G. It could not be Major Howley, for you faid he declared, That he went out of his own Houfe at five in die Morning, and re- turned not till after my Lord's Death ; fo that between Five and part Nine till after my Lord's Death ) Major ffatvley was not in his Houfe, and therefore could not open, the Door to thofe that went in a little before Nine. L. If Major Jfawley did indeed "let in thofe Raffians, I fuppofe you don*t think he'l own it. And therefore Howley may de- ny his being at Home after Five, till my Lord was dead, to avoid being Tufpeded to be the Man that let them in. T. Major tiomlefs denial in this Cafe, is as true as his other Denials, of which you will hereafter hear, to prove this denial falfe. It is pofitively fworn by N. 'That ' he faw the faid Major Haveley go into his ' Hcufe, as my Lord Ruffil was carrying to the * Old-Baily. Now this was not above half an 1 hour before the Murder committedjand then * whereas Hutvley pretends he did not go nigh * hh own Houfe after five of the Clock in the Morning^ C?7) Morning, till after my Lord's Death. It's * comradi&ed by the pofitive Oath of one, * who fwears, That he faw Major Hdtvley fe- * veral timcs,a little before my Lord's Death, * run up thro' that Gate which is nigh, and * leads to his Houfe j and he would immedi- * atly come in hafte down to the Gate, and * peep on both fides,as tho' he would fee the * way clear ; and becaufe the Warder let in * but one Mgn to the fower,fjjwle)i came run- * ning to him in great fury, chiding him for * admitting that one. L. Major Hayt>ley\ denial of what is fo fwora, looks as tho' he had not been thus careful in keeping all clear, but for fome Defign which was to be done, with as great fecrecy as the Time and Place would ad- mi t^fc T. You may remember, that Bo. Mo. and pofirion forged by what Monday declared the day my Lord died. L. As foon as my Lord was found dead, Earning Monday, and Ritjfrl, ought to have been fecured. T. It was fo order 'd by liis Majefty : for as ' foon as New* of my Lord's Death was ' brought to King Charles the Second, then in ' the Tower, his Majefty fcnt my Lord Ming- 'ton, Sir C - - -- . and Thorn**. to my Lord's Lodgings, with * Orders, That all who were attending upon c my Lord at the time of his Death,fhould be ' fecured and examined, with relation there- *unto. His Majefty did further order, That ' all things fhould remain as to the Body) * in the fame Circumftances it was firft found,. * till the Coroner's Inqueft had feen the Bo- l dy..~ Before Sir C --- hadpro- Ru. declar'd,That there was a Razor deliver- * ceeded far hi the Examination of any abouc ed to my Lord wherewith to pair his Nails ; * my Lord's Death, a Gentleman came ( as which his Lordfhip having done, he retired * from his Majefty ) with Orders, That Sir into his Ciofu, and there cuts his Throat ; * C immediately fhould go to the Old- the Cloftt Door being afterwards opened, all ' Baily, (_ where the Right Honourable the thefe three ("as they depofe and declare ) ' Lord Ruffd was then upon his Trial) and faw the Body there lie in its Blood, and the *"'" * *- rz M r ^..:~~ r Razor, as before, delivered to my Lord to pair his Nails, lying by him. <7. This is in ftiort their Relation ; and how can you poffibly difprove it, feeing there was none with my Lord but thefe three ? and therefore how can k be con- tradicted by any ? T. I will difprove this Relation in every parr. Firft, I will convince you, that there was no Razor delivered to my Lord to pair his Nails. Secondly, That my Lord did not lock himfelf into his Clofct, nor was there firft found lock'd io, as is fworn by thefe Men. And, Thirdly, That the Razor was not lying by the Body, when thefe three firft faw die Body dead. G. I can't imagine how ( in thefe Parti- culars) you canfalfify their Relations. T. I fliall prove Bomeny^ Relation to be falfe by what R$l fwears, and Rujifi Dc- [ give the Attorny General notice of my ( Lord's Death : But Sir C 4 ( by the fame Gentleman) defired his Ma- * jefty to permit him to fmifh the Exa- c minations (^he was then upon ) before he * went; but the fame Gentleman came the fe- *cond time, and declared, his Ma jefty had *exprefly ordered Sir C to go forth- with, and leave the Examinations to fuch 'others as were there, (which Sir C * accordingly did ). Sir C further faith,That he remembers not who this Gen- * tleman was, which thus twice came with * Orders from his Ma jefty. L. Forgot who this Gentleman was 1 this feems fomewhat ftrange, for within a Week after my Lord's Death, Mr. Bf addon appeared publick in the fearch after it ; and the very next Week after my Lord's Death, he was before the Council-Board, and this caufed the Matter to be publickly difcourfed ; all the Circumftances attending the Action, were ufed as Arguments of this Murder ? not theieift whereof wss the malicious aed 297623 extravagant Application which die Court at the Old-Bally made againrt that Honoura- ble Prifoner the Lord Ruff: I then upon his Trial. Now Sir C ' . having been that Meflenger that was fent with the News of my Lord's Death, immediately faw, and could not but well obferve, with what induftrious Malice and Injuflice Sir George Jeffries, and the then Attorny, applyed that fad Accident to the taking off that brave, buc unfortunate Perfon, whom they were then, by their drained Conftrudions and Mi&p- plications, villanoufly haranguing out of his Life. For this Reafon Sir C muft immediately refle upon his be- ing the Meifenger of fuch fad Tidings, and therein upon the Perfoa that brought the Orders as from his Majefty, for his fuddain going to the Old-Baily, which Reflexion would have fo imprinted this Perfon in his Memory, that Sir C wJ he not well known, would be thought to have had that happy Faculty of retaining, or for- getting, at pleafure. T. I thought no Man could have forgot what he would } and that the more a Man did endeavour to forget, the more fixed would the thing to be forgotten,have remain- ed in his Mind. But I now find my mif- take, and I will likevvife learn this Art of Forgetfulnefs, which in fome Cafes may be of ufe. G. Gentlemen, I know this Gentleman of \vhora you fpeak, and am very forry for his Forgetfulnefs, which [ am very well fatif- fied is real, for I do think him a Man of Ho-. nour, and confequently one that would not lie, much lefs upon Oath .declare his forget- fulnefs of what he rememhred. It's very poflfible Sir C. upon reflection may call to mind that Gentleman who. brought thofe Orders, and then, I dare fay, he will, if af- ter that called upon, freely difcover him, feeing by his filence, he would likevvife by Perjury, conceal what might be of no fmall ufe in this Detection. L. By this Meflenger we fhould foon know whether his Majefiy's Name was not ufed without his Authority, for which there is no imal) reafon. T. For my part I am weH fatisfied ohc Hand of treacherous Joab was in this Mef- fage, and that the King's Name in this, as in other Things, was ufed by him, who not long after is thought to have removed both Name and Thing from him that then pofleffed them. But Bomeny, Monday, and Ruffsl, fhould have been immediatly feparated upon the firfl Difcovery ; and they fhould have been- kept apart till the Jury fat , and the Jury ought to have examined thefe Men apart, and neither to have known what other had faid, feeing it was very natural to fuppofe, if my Lord fell by treacherous and violent Hands, thefe Men could not be ftrangers to it i and therefore by their crofs Examinati- ons apart, they might the more eafily be detected of Falfity ; for feeing thefe&Men- were to give a fajfe Relation of the Matter, (, to hinder the difcovery of the Truth _) their feparate Examinations might the more eafily have dete&ed the Story, it being ve- ry difficult for three Men ( upon feparate and crofs Examinations) fo to agree, as to Time, Place, Perfon, Manner, &e. of an Aftion as not to be detected ; Truth is ftill the fame, but Lies are almofl infinite. Did not the Jury obferve this method ? T. No 5 thefe Men were fuffered to come together that morning they were examinedj and for ought I can hear, each heard what* other faid: Nay, which is more, after Bo- meny had been upon Oath examined by the Coroner, and given this Information fol- lowing, taken in the Coroner's own Hand. The Jnforwttiw of Paul Bameay, &< Saith, "That the Earl of Efox, on the "nth Inftanc, did fpeak to this Infor- " mant to bring him a Penknife *o pair his * Nails, but this Informant could not then- ' get one ; the Earl of Effix called to him ' again on Friday the i $th Inftant, about * eight of the Clock in the Forenoon, did ' again fpegk.to this Informant to bring him 'a Penknife to pair his Nails ; but this De- c pooenti- celling him that he had not one, " his Lord cojnmanded him to bring him a " Razor, (39 " Razor, which he accordingly did, and then " his Lordfhip walked up and down the " Room fcraping his Nails with it, and this ** Informant then left him, and coming a- " bout half an hour afterwards up into the " Bed-Chamber, found his Clofet-Door faft, " whereupon this Informant knocked at ** the Door, and called, My Lord, my Lord, " but he not anfwering, pushed the Door a. " little open, where le did fie bis Lord lying ^ *' at length on the Ground in bis Blood, with " the Riyr near Mm on the Ortund. And further " depofeth, That he hath not any Papers " of his Lord's, nor doth know where any K of his Papers or Writings are , and alfo, " tlut on Jlwfdzy Night I aft was very merry it " Suffir, and did Hot fern to be diftonttnttd " t-)i next Morning. This Information is Verbatim as the Co- roner took it from Bomtnfs own Mouth. The Coroner proceeding to ask further Queftions, Bominy began to hefitate ex- treamly. L. Truth to all Queftions had been ready at hand -, but Lies were firft to be forged before they could be given in Anfwer. T. You are in the right : But to proceed. Upon this Hefitation,B0/wy defired he might write his own Information. Of. I fuppofe the Coroner and Jury were not fo indifcreet as to fuffer this. 7*. Indeed they did, and I am very cha- ritably inclined to believe favourably of both Coroner and Jury, as to their Hpnefty, tho they themfelves can't juftify their Indifcre- tion when they gave Bommy this Libert}', there being not a convenient place for to write his Information where the Jury were fitting he retired into another Room. L. To his Inftrudors (_ I fuppofe ) that were to be aflifting to him in contriving, or rather remembring him of that Story which they thought might moft eafily de- ceive : Grois Folly of both Coroner and Jury ! T. Their Folly in this, themfelves con- demn, but an) ill defign in either I believe not. When he had been about an hour wan- ting, he brings into the Coroner and Jury this following Information, vi\. TM Information of Paul Bomeny, Saith, " That when my Igord came to Cap- " tain .Hanvleh that was the 1 iti of July " 1685, my Lord of Eflex asked him for a " Pen-knife to pair his Nails with, as he was " wont to do ? to which this Informant an- " fwered, being come in halte, he had ncc " brought it, but he would fend for one, " and accordingly fent the Footman with a " Note for feveral things for my Lord, a- " mong which the Pen-knife was inferred, " and the Footman went and gave the " Bill to my Lord's Steward, who fent him " the Provfion, but not the Pen-knife, and " he told the Footman he would get one " the next day ; when the Footman was- " come, my Lord asked if the Pen-knife was " come ? this Informant anfwered, No, but " he fliould have it die next day, and ac- ' cordingly he on the iztb Inftant in the " Morning, before my Lord of Efjex was up, " this Informant fent the Footman home " with a Note to the Steward, in which, " among other things, he asked for a Pen- " knife for my Lord, and when the Foot- " man was gone, about, or a little after " Eight a Clock my Lord fent one Mr. Ruffel " his Warder to this Informant, who came, " and then lie asked him if the Pen-knife " was come ? this Informant faid, No, my " Lord, but I (hall have it by and by j to " which my Lord faid he fhould bring him " one of his Razors, it would do as well 5 " and then this Informant went and fetched " one and gave it my Lord, who then went " to pair his Nails , and then this Infor- " mant went out of the Room in the Paflage " by the Door, and began to talk with the " Warder, and a little while after he wenc " down Stairs, and foon. after came the " Footman with the Pen-knife, which this " Informant put upon his Bed, and thought " my Lord had no more need of it, becaufe " he thought he had paired his Nails j and "then this Informant came to my Lord's " Chamber {_ about Eight or Nine in the " Forenoon on Friday the i jth Infant ~] with A Utt It Kate pom cbtre wire three Lines writ j but not find- ing his Lord in the Chamber, went to the Clofe-ftool Clofet-door, and found it fhut, and he thinking his Lord was bufy there, * went down and ftaid a little, and came up again, thinking his Lord had been come out of the Clofet, and finding him not in the Chamber, he knocked at the Door with his Finger thrice, and faid, My Lord, -* but no body anfwering he took up the " Hanging and looked tlirough the Chinck, " and faw Blood, and part of the Razor, " whereupon he called the Warder -Ruffel, " and went down to call for help j and the " faid Ruffei pufhed the Door open,there they faw my Lord of Eflex all along the Floor "without a Perriwig, and all full of Blood ".and the Razor by him. And this Depo- ' nent further depofeth, That the Razor ** now fhewed unto him at the time of his ** Examination, is the fame Razor which he ** did bring unto my Lord, and did lie " on the ground in the Clofet by my .' Lord. You find fome of Botneny's printed Infor- mations writ in large Capital Letters, and likewife fome of this fo writ. L, I perceive it. T. The firft was infcrted by my Lord SMdirland's Order, the then Secretary of State, or fome under him. And the third omitted, for it was in the Original, which you have juft now read ; and the fecond was interlined by the Coroner after Bwneny had, as before, brought this Information to him : what the Coroner interlined was, as himfelf faith, with Bomerfs Confent, and truly I think very favourably of him. <7. I perceive that by comparing the Re- lation printed by Authority, that next Mon- day after my Lord's Death, with what you here declare to be the Original, it materi- ally differs, for they added to it, and took from it as they pleafcd j fo that this is ( in ftridnefs fptaking) a forged Information that was printed. /- At in a Deed or Bond, the adding to 3 (40) the Steward, when or taking from either, in Conftru&ion of Law, is forging the whole : So in an Infor- mation, once figned and fworn to, nothing can be added to it, cr diminifhed from it, without being in Law a Forger of the whole. 0. What reafon had the Secretary of State to print Bomenfs Information diffe- rent from the Original. T. My Lord Sunderlmd, or fome under Confident, perceiving Bommy had fworn the Delivery of the Razor, and what there- upon happened to be of the Thurfday, the day before my Lord's Death, which was not only contrary to his Inflrufti- ons, but a point-blank Contradiction to his Confederate Ruffel', it was thought con- venient, either by my Lord Sunderland, or fuch Confident under him, that thefe two Informations fhould be reconciled in the Print, how contradictory foever they were in the Original which could not be feen and compared with the Print by any but the Coroner, in whofe Cuftody they were) and therefore on Friday the i %th Inftant was to be (_ by way of Forgery ) added to Bo- wfliy's Informations, but this done (as hath been obferved by an ingenuous Author on this occafion) without the leafl Congruity either to Senfe or Grammar , for nothing can be more apparent than that the fore- going part of the Information relates wholly to Thurfday j but at laft, without any regard to what Bomeny had before fworn, on Friday the \ yh Inftant is foifted in, contrary to all Rules of Grammar, and common Meafures of Senfe as well as Juftice, which juftly efteems this printed Inform.' tion forged. This for- ged Reconciliation is done with the greateft Incongruity and Abfurdnefs as well as Falfe- nefs imaginable j and I know not whether the Folly of the Suborner ( for without doubt the Suborner and Reconciler in this cafe are the fame, or of the fame ftamjj) or the 'Penury of the fuborned in .this' In- formation be moft confpicuous. G, Sir, I now perceive what was the reafon of this Alteration or rather For- gery) in this Information j but as you have ofcejn obfervedj God Almighty allots to the Knave (4' Knave fuch an Allay of the Fool, that the fool hangs the Knave up halfway ; and in this that Obfervation is fo Notorious, that I never favv more of the Fool in the Knave in my Life. Certainly this Gentleman that villanoufly (Jin protection of the Murder) thus turned Reconciler, either did not un- derfland Senfe himfelf, or elfe did believe none would read this Information that did, 71 Pray read thefe two Papers. G. J. W. Painter faith, That the very day the Earl of Effex died, he went with one ( George Jonts fince dead 3 to the Tower, todifcourfe Nathavid .Monday concerning the ..Death of the faid Earl : and when they came to the Tovttr, meeting with the faid Monday, he gave them this Account ; That as foonas the Gentleman Jaylor had opened my Lord's Chamber Door '> that very morning, he the faid Monday by Order) went in to my Lord's Chamber, and tarried there, becaufe their Orders were, that one of the Warders fhould be in his Lprdftiip's Chamber, and the -other at the Stair's Foot. And that they had this farther Order, not to fuffer his Lordfhip to have a Knife, or any thing like it, but whilfl he ufed it in cutting his Meat ; and that being done, all Knives, and fuch- like, were to be taken from him : To which his Lordfhip anfwered, He fhould take.no- thing ill in them in obferving their Orders. This Informant further faith, That the faid .Monday did then declare, that he tarried with ray Lord in his Chamber two hours, or . better, that very morning ; and that whilfl he was with -my Lord in his Chamber, he did obferve his Lordfliip paired his Nails with the Heel of a Razor. This Informant ; further faith, that the faid Monday did further declare, Before he left his Lordfhip, and went down Stairs to ftand below, he called up Rujjel his fellow-Warder, to fland in the Chamber j and as he went down Stairs, he lighted his Pipe and fat 'at the Stairs foot ; but before he had half fmoaked his Pipe, he heard it cried above Stairs, that my Lord had cut his Throat. Hereupon he, the faid y, 'ran up Stairs, and pufhed the Clofec Door open, and there found my lord dead. This Informant further faith, that the faid Monday did further declare, That when lie came up' Stairs, he asked Mr. Btmeny and Rujjel, where they were whilfl my Lord was intheClofet? The faid Bomeny anfwered, he was fitting upon the Bed in my Lord's Cham- ber i and the faid Ruffel declared, he flood at, my Lord's Chamber Door, jufl without the Door : whereupon he, the faid Monday (as the faid Monday declared) check'd the faid Ruffei for not keeping in the Chamber, according to Order. .Richard Jordan decla- reth, That on the day Mr. Bra.dd.on was tried, C upon the account of the late Earl of Effix") this Informant heard Kaih. Monday declare, That the very morning the late Earl of Effe v died,asfoon as the GentlemJffljMPopen' > d the Chamber Door, which was about feven of the Clock, the faid Monday firfl flood as Warder above Stairs upon the faid Earl j and at the firfl opening the Door, did obferve the faid Earl have a Razor in his Hand, pair- ing or fcraping his Nails with it j and this the faid Monday declared he faw a long time before Ruffil flood Warder above Stairs upon the faid Earl. T. By thefe two Informations you may perceive what Monday declared, My Lord had this Razor in his Hand about feven a Clock in the Morning, long before Ruffd came up Stairs to fland Warder upon my Lord; and that my Lord pared his Nails with the Heel of the Razor. G. I find it as you fay. L. Monday I perceive tells W. the very day my Lord died, that the very fame morn- ing, about feven of the Clock, Monday told my Lord that they ( his Warders} had Orders not to fuffer his Lordfhip to have a Knife, or any thing like it, whilfl he was cutting his Meat j and that being done, the Knife was to be taken from his Lordfhip. This looks as tho there were fome Jealoufies that my Lord would cut his Throat, for other wife why Would they not fuffer him to have a Knife ? T. It looks mof e like, either a Suggeflion of Monday's own Invention, or a Leflbn taught him to make others believe that G there there was fuch a Sufpition : for Monday now denies it. I defire now to compare thefe three Mens Relations, as to the Time of delivery of the Razor ; by doing which,you will have reafon to believe no Razor ac all was deli- vered to his Lordfhip. For the clearer un- derflanding hereof, I fuppofe Bominy under Examination with the Jury, and anfwering according to what he hath fworn. c3" Jury. Did you deliver this Razor to my Lord? Brnneny. Yes. Jury. When did you deliver this Razor to my Lord ? Bomeny. About eight of the Clock that merning my Lord died. This jegording to what he firfl fwore : but he then withdraws to write his own Informa- tion, which point-blank contradi&s this his C ath in that particular, for he is then exa- mined, and anfwereth as followeth. Jury. Do you remember the very Time that you delivered this Razor to my Lord ? Bomeny. Yes. Jury. When did you deliver this Razor to my Lord? 0*-. Bomeny. About eight of the Clock on fhurf- day morning, being the day before my Lord's death. This, as you obferye, he fwears in the In- formation hlmfelf writ, and brought to the Coroner. T. Bomeny then to withdraw, and let Ruffel anfwcr to this particular. Jury. Mr. Ruffel, do you know when this Razor was delivered to my Lord ? Rjtjjsl. Very well, for I faw it delivered to my Lord by Bomeny. Jury. When did you fee this Razor deli- vered ? Ruffel. Lefs then a qnarter of an hour be- fore wefound my Lord dead. I flood Warder at my Lord's Door } and I heard his Lordfhip ask for his Penknife to pair his Nails ; and Bomtny faid, it was not brought : upon which my Lord required a Razor, faying, it would (p do as well j and I faw Baneny give my Lord the Razor, it being then about nine a Clock. Jtay. Who firfl flood as Warder at my Lord's Chamber Dopr,or in my Lord's Cham- ber,) efterday morning, before my Lorddy'd, was it you or Monday ? Ruffel. Monday, upon my Lord's Chamber Door being opened, firfl flood at the Door ; and after he had been there as long as we ufe to fland, he called me up,and then went down and flood at the Stairs-foot, at the Houfe Door, where I did before fland. Jury. Then this Razor you faw delivered to my Lord, after Monday went down Stairs, and whilfl you flood as Warder at my Lord's Door ? Ruffel. It's very true, for I am fure I flood by Bomeny when he delivered the Razor, and faw it delivered to my Lord. Jury. What diflance of Time do you fay there might be, from the time this Razor was delivered, to the time of my Lord's death ? Rxflel. I am fure it could not be half ad hour from the time of the delivery of the Ra- zor, to the time we found my Lord dead in the Clofet. T. Ruffel withdraws, and Mtnday is ex- amined. Jury. Mr. Monday, did you fee my Lord have any Ror in his Hand yeflerday mor- ning before his death ? Monday. Yes, I did. Jury. What time was it when you faw my Lord have the Razor in his Hand ? Monday. About feven of the Clock, as foon as the Gentleman Jaylor opened my Lord's Chamber Doori for I nrfl flood Warder above Stairs, and as foon as the Door was opened, I faw my Lord have the Razor in his Hand, and obferved him to pair his Nails with it. Jury. Was this before Ruffel came up to my Lord's Chamber door to ftaad Warder 'there ? Monday. Yes, almofl two hours. T. This is according to their own Infor- mations and Relations. Now can you believe that this Razor was delivered by Bomtny at eight of the Clock Friday morning,according to his firfl Oath, and yet not delivered till of the Clock 2%r^rf/^Morning, ac- cording 4? cording to Bswnf* fecond Oath ? And can youalfo believe that the Razor was not de- livered till about nine of the Clock Friday Morning, according to Ruffil's Information ? and at the fame time give Credit to Monday, who declared, my Lord had the Razor by feven of the Clock, two hours before Rujfel came up to (land Warder at my Lord's Chamber Door. L. Thefe Three are of equal Credit, and confequently you have as much reafon to be- lieve Botneny, as Ruffil , and Monday deferves equal Credit with either of the Former : But all can't be credited, neither can Bominy's Contradictions be reconciled, or can one of thefe be thought true, without giving the Lie to the other two , therefore upon the whole Matter, you can't reafonably 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. 'Tistrue, it's a Circumftantial Contra- diction in point of Time, and the Contra- diction of the two Elders in the Hiftory of Sufanna, was a Circumftantial contradiction in point of Place j for the firft fwore they took Sufama in Adultery under a Maftick Tree, and the fecond under an Holm Tree : Both thefe agreed in the main (as you call it) Vi^. that they found her in Adultery j But by this contradiction as to the Place, where, Daniel convinced all then prefent, that thefe two Elders were perjur'd in their Evidence (_ and confequently Sufanni Inno- cent of her Charge} and thereupon thefe Two Accufers juftly fuffered, what by Per- jury they would have unjuftly caufed to be infli&ed upon the Innocent. Did you ever hear any deny Danitr$ Wifdom in this De- teftion j or arraign his Juftice in the punifh- ment thofe two falfc Accufers thereupon fuftered ? G. I mud confefs, thefe Contradictions look as tho neither was true j for Truth would have been the fame to all. T. Befides, you find all three agree in this, That my Lord pared his Nails with the Razor, which appears to be falfe by this In- formation, which I defire you to read. G. John KttUbtottr,Q$e of the Jury upon the late Earl of Efjtx, fweare th, That the Nails on the Fingers and Feet of the faid Earl were very long, and not fcraped or pared as he could difcern. L. Being proved perjur'd in one Part, be- lieved in Nothing. T. Whereas it was fworn and declared by all, that my Lord's Body was locked into the Clofet j I will now fuppofe that Bomeny, Ruffel, and Monday, were to anfwer as to the opening this Door, according to their former Informa- tions, and you will find their Contradictions, as to this, as grofs as the former. Bomeny firft appears. Jury. Mr. Bomeny, Was my Lord's Body locked into the Clofet when he was firft found dead ? Bomnj. Yes. Jw-y. Who opened the Door ? Bowtny. When I had knocked at the Clofet Door, my Lord not anfwering, I did open the Door, and there faw my Lord lying along in his Blood, and the Razor by him, and I then call'd the Warders. This according to his firft Information, ta- ken (as before} by the Coroner. About an hour after this, the Jury do again examine him as to this Point, and he anfwer- ing 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 firft open the Clofet Door upon my Lord's Body ? Bomeny. No, I did not, but Raflel did, for after I had knocked at the Door thrice, cal- ling my Lord ; my Lord not anfwering,! took up the Hangings, and peeping thro' a Chink, I law Blood,and part of the Razor j whereup- on I called the Warder Ruffel and the faid Ruffd pufhed the Door open. T. AtMr.Brajeiori's Triz\,Bor/itny being ask'd Who, did firft open the Door ? upon Oath an- fwered, He knew not who opened the Door. L. Here Bomeny is twice againft himfelf:nrft he fwears that he himfelf opened this Door before he called either of the Warders. G 2 Secondly, (44) Secondly, fwears that he did not fir ft o- pen the Door, but Raft I pufhcd it open-, and thirdly ,depofeth, that he knew not who opened the Door. T. 1 defire the other two, w\. Ruffe I and Monday, may in this particular anfvver, and then compare them altogether. Jury. Mr. Rujfel, Did you find the Cfofet- Door locked upon my Lord's Body ? R$l. Yes. 7/07. Who firft opened this Clbfet- Door? Ruffel'. When Bominy faw my Lord's Body through the Chink, he cried out, My Lord was fallen down Tick, whereupon I went to the Clofet-Door and opened it, the Key be- ing on the outfide. T. Here Rufftl makes no difficulty in open- ing the Door : But obferve Monday^ Anfwer. Rufftl withdraws and MonAiy is called. Jury. Mr. Monday where were you when my Lord was firft found dead ? Mbnday. I was {landing at the foottjf my Lord's Stairs, and hearing a great Noife of my Lord's Death, I ran up Stairs and found Bvmeny and Rufftl endeavouring to open the Door, but the Body being fo clofeand ftrong againft the Door neither could. Jury. Who then opened the Door ? Monday-. I being much ftronger than ei- ther of thefe two, put my Shoulders againft the Door, and pufning with all my Might, 1 broke ic open. L. Upon the whole matter, I find firft Emmy opened the Door before he called either of the Warders, according to Bomtvy's firft Information taken fas before^ by the Coroner -, and fccondly, that he did not open the Door, for Rufftl opened it, according to Eomny\ ftcond Information ( which himfelf writ 3 and Ruffe?* Depofition : And third- ly, that neither Bomtny nor Rufftl could open the Door, becaufe the Body lay fo clofc againft h, and fo Monday broke it open: This according to Mwdtf* account of the Matter. L.-T. Which of thefe three do you be-' >fieve? (f. Their ContradiakKis being fuch, lean believe neither, but conclude this is a corr- trived Story throughout, and yet fo ill laid together, as I never faw a worfe -made Story in all my Life. L. So grofs .Contradidions in fo fhort a Relaticn I never yet met with. G. Tis very much they fliould fo thwart each other had they agreed upon a Story ; and yet it's more improbable they fhould fo differ, had they defigned to reveal the Truth , for the true Relation of a Fad is ftill the fame, whereas falfe Relations are al- moft infinite > but thefe three are the greateft Fools I ever heard of, in not laying their Story better together. T. I have often heard a very ingenuous Gentleman fay, that God in Mercy to Man- kind allotted fuch an Allay of the Fool to every Knave, that the Fool hangs the Knave up half way. . It's indeed a Mercy that the Knave and the Fool go together > for were it nor for the latter, the former would do much more Mifchief. Gi It was a common faying 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 Clofet-door was locked upon my Lord, you can't be- lieve this was fvvorn for any other end but to fiifle the Truth, and consequently to hin- der the true Difcovery of the manner of my Lord's Death. G. As [ can't believe their Relations true, fo neither can I comprehend to what end they fhould invent this Story of the Clofet's Door being lock'd upon my Lord, feeing my Lord might as well have been faid to have cut his Throat without locking the Clofet : What Service could they propofe by this part of their Story of the Clofet- door's being locked upon the Body. T. The ufe they afterwards made of this, was the end they propofed by this their In* vention j they wongly argued to the Truth of my Lord's felf-Murder from this very Circumftancej for they fay, Can it be thought pofTible that my Lord fhould be murdered by others, when it was impoffible thit (.45 ) that any fhould do it in the Ciofet and come ' out of it, leaving the Body fo clofe againft the Door, which opened inward, and there ' was no other way but the Door out of which they could come ? Had this Relation therefore been true, it would have been as ftrong an Argument of my Lord's being a Self-Murderer, as the contrary appearing by the many and grofs Contradictions be- fore obferved) is of his being treacheroufly murdered by others. But as a further Argu- ment of the Clofet-door's not being locked, I defire you to obferve die Ciofet, and how the Body was firft feen by fuch as were * Before fome of the * firft that went up into my any that Lord's Chamber after my Lord's Death was c tmt from known. At the beginning of this Book is the King the Room and Ciofet drawn, and how the faw the Body was firft found : By this you may Btdy. perceive how my Lord's Legs were lying on the Threfhold of the Clofet-door, and you find the Clofet-door could not (_ whilft the Body lay thus, and it was not then pretended 4o* be moved) be locked ; this appears by vrhafJViUiw Tumtr and Summl ~ Pec^ declare^ tpiiMf have depofed before O the Lords. William Ttmtr and Samel Pic^ declare that thefe two Informants were Servants to the late Earl of Eflex at the time of his Death, and bringing in fome Provifions into the Tvwer juft upon the firft Difcovery of my Lord's Death, of which as foon as they heard, thefe Informants ran up ftairs and found my Lord's Legs lying upon the Thre- fhold of the Clofet-door. G. I am now fatisfied how they propofed to argue from it on their own fide ; but the Edg of the Argument ( through their BHagreement and Contradictions in their Evidence ) hath been turned againft them, and wounded them to the quick. T. In the third and laft place, I fhall difprove that part of thefe three M'ens Relations, which faith, that the Razor was locked into my Lord's Ciofet when he was firft found dead : Thofe three have all depo- fed, or often declared, That the Razor was found by my Lord's Body locked into she Ciofet, and all three denied that there was any bloody Razor thrown out of my Lord's Clumber-Window juft before my Lord's Death was firft difcovered to thofe out of the Houfe. L. If the bloody Razor was thrown out of the Window before jy lord's Deach was difcovered, then, it's moft certain ic could not be found lo'ck'd in (with the Bo- dy ) in the Ciofet upon the firft Difcovery, as by thefe Treacherous Varlets is depofed. Pray read thefe Papers. G. William Edwards, aged about Eigh- teen Years, declareth, " That being in the "Tower that Morning the late Earl of Efftx died, and juft before the Difcovery " of his Death, vi^. about Nine of the " Ctock the fame Morning, as this Infor- " mant was ftanding almoft over againft " the Earl of Effex his Chamber-Window, " he faw a bloody Razor thrown out of " the (aid Earl's Chamber-Window, and fell juft without the Pales that ftood " before the Door,, which this Informant " was going to take up ; but juft as this " Informant came to take up the Razor " ( which this Informant found very bloo- " dy ) there came a Maid out of Major " Hawley*s Houfe and took up the Razor, " and then ran in with it into Major Hxwltf* Houfe immediately after difco- " vering my Lord's Death. Thomas Edwards, Father to the faid William Edwards, Sarah Edwards, and Ann Edward*, and Elizabeth Edwards, all declare, and are ready to depofe, That the faid William Ed- wards the very Morning of my Lord's Death, wJien he came home, did give tlie fame Account in fubftance to thefe Informants. G. Was. not this William Edw&ds fworn at Mr. Bt addon's Trial? T. Yes, G. If I miftake not* he did there upon Oath deny it. x 71 Tis very true. G. How then can there be any Credit given to what one fwears in ContradicTt- on to what he hath before depofed? When upon Qathr he declared^ h few BO fuch fuch Razor, but it was a Story that he invented to excufe his Truanting.- T. I defirt that you will confider when this Story was firfttold by the Boy (T>\.) about ten of the Clock that morning my Lord died. Now it was not then known.it would be fworn, that this Razor lay by my Lord's Bo- dy, locked into the Clofet when the Body was firft found, as did appear the Monday af- ter, when the Coroner's Inquifuion, andBa- miny\ Deposition were printed ; and therefore there could not be any ufe made of this Sto- ry, when firft told, againft the Truth of my Lord's (pretended) Self-murder, for that was pofllble to be true, what was fuggefted in anfwer to this by a certain Gentleman, who as foon as he faw what Edwards declared, asked, What ufe could be made of it, and how this did appear to argue that my Lord was murdered ? for he further faid, That it might be when Bomeny came and found that Razor, which he had before delivered to my Lord, proved the Inftrument of his Death, he took it up, and with great indignation threw the Razor out of the Window, as we many times throw away what we have hurt our felves with. To this it was anfvver- ed, It appeared fworn before the Coroner, That as foon as Bominy faw my Lord,and part of the Razor, thro' a Chink of the Clofet- Door, he called out to Ruffe L, that my Lord was fallen down Sick -, fo that there was a Noife of this in the Room before ever the Clo- fet Door was opened, and confequemly be- fore Bomeny could have any opportunity to take up the Razor : Whereas it here appear- cd, by vthzt Edwards faid,that all things were very quiet in the Houfe till the Maid had ta- ken up the Razor, and the Maid firft difco- vered my Lord's Death ; Upon this the Gen- tleman urged this no further, but what he herein declared was fo ready at hand, as tho' he had before heard of trie Razor's being thrown out, and thought this the beft Salve for it. As for the pretence, that this Lie was invented to excufe his truanting, this is very ridiculous j this Boy, in very great earneft- nefs, as foon as he returned from the Tower, told his Mother and Sifters, that the Earl of Effix had cut his Throat, and thrown the Razor out of the Window j this argued his fimplicity. Now the material part of the Story was then ( generally believed to be) true, (w\.} That the Earl had cut his Throat, and that he fhoulal add the throwing out of the Ra- zor, when (as before obferved) there could be no wfe thereof made towards the proof of my Lord's Murder, is fuch a Suggeftion as can't be fuppofed. But as a clearer Anfwer to this, I will now tell you how the Boy came firft to deny that he faw the Razor thrown out ; and, fecond- ly, what made him forfwear it. As for the firft ; What occafioned the Boy's firft denial. When Mr. Br addon went firft to Mr. Edward's Houfe, which was Tuefday morning next after the Earl's Death }^ he asked Mr. Edwards, Whether his Son^had feen a Bloody Razor thrown out of my Lord's Chamber- Window, juft before the difcovery of my Lord's Death ? Mr. Edwards at firft was furprKed with the Queftion, and wept, faying, He was undone if he fhould be turned out of his Place in the Cuftom-Houfe j but being prefled to fpeak according to the Truth, he did de- clare what you hare before heard ; the like did the Mother, and two of the Sifters : Upon this Mr. Braddon defired to fee the Boy, for before this Mr. Br addon never faw Mr. Edwards, or his Son, or any of his Family to his knowledg ) ; the Father an- fwered, He was gone to School ; but if Mr. Br addon would come in the Afternoon, the Boy fhould be kept at Home, and he might then difcourfe him, which Mr.Braddon pro- mi fed to do. And accordingly about two of die Clock in the Afternoon went. When he came to Mr. Edwards, he was told by the Mother and Sifters, that the Boy had denied he ever faw any Razor thrown out. Upon whiqh Mr. Br addon inquired, Whether the Boy had ever deny'd it before he (_ the faid Mr. Brad- don ) had been there that morning ? To which it was anfwered, He had not. Where- upon, Mr. Braddon did further enquire, Whe- ther (47) ther the Boy voluntarily deni'd ic, or what made him do it? Upon which the Mother delared, That his Elded Sifter ( being a- fraid of the Confequence of this Story ) as ibon as the Boy that day came from the School, ran to him in great fury, and in a threatning manner told him, That feveral People would be hanged for what he had laid, and that he himfelf might be hang'd likewife. Upon which the Child came run- ning to her, and cried out, The King would hang him 5 and immediately thereupon de- nied what he had before declared, and fo often repeated,, without any the leaft Con- tradidion. Hereupon Mr. Braddon defired the Boy might come into the Parlour, where, before his Relations, and others prefent, he might difcourfe the Boy. At firft the Child could rot be perfwaded, being afraid ; but at laft came into the Room, where Mr. Braddon, before fix or feven then prefent ("none of which before that day he had, to his know- ledgever feenj before ever he did ask the Doy, whether what he had as before decla- red, were true or falfe, fpoke to the Child to this Effed, C V *O Mr - Braddort j Can you read ? WlBiayt Edwards j Yes. Mr. Br addon; Did you ever read the yh Chap- ter of the Atfs of the Af oft Its > William Ed- fvafdsj Yes,. Don't you there find that there were two (truck dead upon the Place for telling a Lie. W. Edwards j Yes. Mr. Braddtit ', God is ftiil the fame God of Truth, and a God of the fame Power likewife ; and he knowing all things, knows better than you your felf, whether what you declared were True or Falfe. Wherefore if it be in- deed a Lie, notwithftanding you have fo often declared it to be true ; now deny it, and never more own it, left for your faying that which is falfe, Gcd execute the fame Judgment upon you, and immediately ftrike you dead : But if it be true, be neither a- fraid or afhamed to own it. Immediately hereupon the Boy ccnfefled it was true i and then declared as before related. Being asked, what made him deny it ? he anfwered, His fcldeft SUkr cnraeoed him, and ft id, the King would hang him j which the Sifter then likewife confeUed. You have here a large Account how this Boy came firft to deny it j and what was the Reafon thereof 3 and likewife upon what Arguments he retraced liis Denial, and ftood to his firft Confeflion ; all which will be fully proved by many Witneffes, when the Matter comes under a Judicial Determination. G. I am herein fatisfied. But how came it to pafs that the Boy forfwore it at Mr. Braddorfs Trial ? 7. That is the fecond tiling to lie anfwer- ed. This Boy was fubpoena'd on the behalf of the King, as well as by Mr. Brtddoit. And as William Edwards was going into Weft- minflir-Hally that morning Mr. Braddon was tried, and before he was fvvorn, Major Httf- Ity ( at whofe Houfe my Lord died ) meets him, and in a threatnicg manner told him, ' That if he had the management of him, he ' would have him whip'd once a Fortnight e on Monday morning, for feven Years to- ' gether for what he had faid. This Child not being then -above 1 5 Years of Age, was extreamly frighted with this Threat j and being fo very young, was more fenfible of the Pain of fuch a Punifliment, than of the Sacred Obligation of an Oath j and deni'd what was true, to avoid what he feared he might otherwife have fuffered. " L. It's very natural to fuppofe a Child of his Age might be frighted into a falfe Oath, being of fuch Years, as he can't well be fuppofed to have that Notion of an Oath, which People of riper Years may and oughc to have. But this argues Major Hinvlty to be a very ill Man, thus to threaten the Boy out of his Evidence. G. I have heard that this Major Hxwlty is a very honeft Man j fure he was ever hereto- fore efteemed very Loyal. ?. I have reafon to believe that his old Loyalty, and fomrwhat tlft, hath run him into fuch Service, as argues him not of that Character fome would have him thought 3 and of my Opinion you will be, when you have heard what .is faid againft him in this Cife, Bus But as a farther Argument of this Razor's being thrown out of my Lord's Chamber Window, Pray read this Information. G. J. L. .aged about 1 8 Years deciareth, " That as fhe was landing upon the high " Ground almcfl over againft the Earl of "#br's Lodgings that Morning the Earl " died, and a little before the Difcovery of " his Death, fhe faw a bloody Razor thrown " cut of my Lord's Chamber Window, and " juft before the Razor was thrown out (he " heard two Shreeks. T. That this Girl difcovered this to her Aunt the verytvlorning my Lorddied,proved by Mrs. G. and others are ready to atteft the fame. At Mr. Braddon's Trial the Girl's Aunt, and one Mr. (/.then a Lodger in her Aunt's Houfe, depofed the fame. L: You have here three Witnefles fworn, that this Child related this Story to her Aunt as foon as fhe came from the Tmver. Do you doubt the Truth of what thefe three Perfons have fworn ? G. I am very well fatisfied thefe three depofe the Truth ; but it may be this Boy .might tell the Girl what he faw, and fo it is but one Evidence. T. It will be proved as far as a Negative caH be proved, That this Boy and Girl never fpoke to each other till fome time after the Earl's Death, and the Relations of the Boy and Girl were altogether ftran- gcrs to each other, having never (_ to their Remembrance ) heard or feen one another, *hich might be well fappbfed, for their Habitation was fome diftance from each other : Mr. Edwards and his Son and Fami- ly Hving in Mod^LoM, the Girl and her Relations at St. Katberints; befides, you may obferve the Girl flood upon the high Ground over againfl the Earl's Chamber Window, and the Boy in the lower Ground , where the Girl flood fhe ( being but fhort ) could hardly fee the Ground where the Razor fell, but (he declared fhe faw the Maid in the white Hood come thereupon out of Major Hxrvlrfs Houfe : which Defcription agreed exactly with that Defcription the Boy gave of the Maid. 8) L. Their Evidence thus agreeing, canV well be doubted. G. I have been informed this Maid is now reputed of a loofe Character. T. Admit it true, fhe could not be fo thought when fhe was but juft paft twelve Years of Age, and it was then fhe firft de- clared it, and fix Years fince and more fvvore it : Therefore her now Character can'c in common Reafon prejudice her then Teftimony given in her innocent Chilhood, and her now Teftimony is but a Repetition of her former Oath. Befides, had this Fact been told by Perfons of never fo great Infamy (that did appear to be alto- gether ftrangers to each other ) their A- greement in their Relations had given Cre- dit to their' Teftimony, being firft repor- ted when (as is before obferved) there could be no end propofed by tefling this Lie, feeing when it was firft declared, it appeared not in the leaft inconfiftent with the (pretended} Truth of my Lord's Self- Murder, becaufe this Razor after the Dif- covery, out of Indignation, might have been thrown out of the Window by fome attending on my Lord. Now had this been fworn the next day after my Lord's Death, which at the time it was firft told by this Boy and Girl, could not appear otherwife, then this Story of the Razor's being thrown out of my Lord's Chamber Window had fallen to the Ground, and no way ufeful to prove the Murder. But this I have al- ready more at large infifted upon. L. It's an old and true Proverb, Chil- dren and Fools tell Truth ; the Reafon of this faying is, becaufe Children and Fools not being capable of that Invention, which fach as are of Years and Underftanding may be fuppofed to have, fpeak with- out defign the naked Truth of the Fact. T. A farther Argument of the Truth of this is the Relation of R. and M. (the two Souldiers before mentioned ) bofh which the very day of my Lord's Death declared in this particular the fame with the Boy and Girl, as appears by thefe InformatioBS following. Pray read them. (7. ( 49 G. E. G. and 5. //.. further declare, < That about 1 1 of the Clock, the very day ' my Lord dy'd, the aforefaid R. did further ' fay, That my Lord was murdered ; but be- ' fore his Death was difcovered to any out c of the Houfe, there was a bloody Razor * thrown out of my Lord's Chamber- Win- ' dow ; and that a Maid took it up, and car- * ry'd it into my Lord's Lodgings. J. B. and his Wife do both further declare, * That the aforefaid R. M. the very day of ' my Lord's Death, did further fay, That * after my Lord's Murder, and before his * Death was known, there was a bloody Ra- 'zor thrown out of my Lord's Chamber- * Window, which a little Boy endeavoured 'to take up ; but there came a Maid out of * Capt. Howie?* Houfe, and took it up, and * run with it into Capt. Hawltfs Houfe, and * then the Maid was the firft that difcovered ' my Lord's Death. L. Thefetwo Witnefles agree with the Boy, not only in the Main (as you call it) but in feveral Circumftances of the Story, with the Boy's Relation : Firft, in the Main, that there was a bloody Razor thrown out of my Lord's Chamber-Window before his Death was known. Secondly, Meafy agrees with the Boy, that the Boy did endeavour to take up this Razor, but was prevented by the Maid, who forthwith carried it into Major Hawlefs Houfe. And, Thirdly, that this Maid was the firft difcovered my Lord's Death. O. \ muft confeis, their Agreement in their Relations gives great Credit to the Truth of their Teftimony. /.. Was it ever yet known, that four Per- fans, fome very Young, and others of Riper Years, and all Strangers to one another ,fhould give the fame Account of a Faft, in all its Circumftances, and the Faft not True ? T. For the farther Confirmation of this Truth, I fliall prove (by tliree Witnefles more} it was a general Report in the Tomer that morning my Lord died, That the Razor was (as before related} thrown out of my Lord's Chamber- Window. Pray read thefe three Papers. ) G. I. S. declaretli, e That this Informant ' was a Souldier in the Tower that very mor- but ' the Maid ran up in great hafte, and imme- c diately, in as great, came running down ' Stairs, wringing her Hands, and crying out, * My Lord of Ejjex had cut his Throat, which * Difcovery was the firft this Informant heard ' of my Lord's Death, wlio ftood ("as before) * very nigh Major /torAy'gBoule. And this * Informant did obferve the faid Maid to have * a Razor in her Hand, either as (he ran up * Stairs, or as fhe came running down as afore- * faid. L. I wifli we could but know who this Warder and another Gentleman was, that came down Stairs as the Maid ran up,for they could not be ignorant of what was done. 7*. By defcription it muft be Monday, for there was but two Warders in theHoufeat that that rime-, and this defcription agrees not with the other ; as for the other Gentleman a fhort time may difcover him. G. This Confeffion of Lloyd, as to the Boy's endeavouring to take up the Razor, but the Maid's taking it up, and carrying it into the Houfe, immediately upon which my Lord's Death was difcovered, I find agrees with the Boy's Relation, and with what M. and R, declared the very day my Lord died. I If you will not be convinced of the Truth of a Fad, attetted by fuch pofitive and circumttantial Relations, ( agreeing in their feveral Accounts, as to the material Cir- cumttances of the Faft, as was before obfer- ved ) and confirmed by two of the Perfons accufed} the laft whereof, in his Relation, gave the fame reprefentation of the Fad, as was before related by fo many } I fay, if fuch Evidence as this will not convince you in in this Particular, it argues you are under an invincible prejudice, which moral Teftirno- nies will not remove. G. I can't but acknowledg my felf in this Particular fatisfied, as to the truth of tins Ra- zor being fo thrown out, as before depofed j but I am altogether to feek of the Reafon of this A&ion, what fliould make thefe Ruffians to throw it out. L. You have the Reafon, Webfter himfelf affigned for doing it ; for he was asked, What made him throw it out ? he anfwered, He was under fuch a confternation, that he knew not what he did. T. You did before obferve the fcituation of the Room and Clofet, and how the Cham- ber-Window (out of which the Razor was thrown) was about 17 foot diftant from the Clofet where the Body lay ; therefore it's very probable, after this bloody Ruffian had murdered my Lord, and blooded the Ra- zor, as the pretended Inttrument of his Death, they having not finifhed the whole Scene,and laid the Razor by the Body,as was intended ; but this Webfter, who threw it out, ttanding not far from the Chamber-Window, with the bloody Razor in his Hand, was fur- prifed when a Perfon came up Stairs ("of whofe coming he was not aware) j and un- der this confternation (as is natural to a fur- prife in fuch horrid Villanies) threw the Ra- zor out of the Window, but difcovered no- thing of my Lord's Death ; and then the Maid (who it's poflible was the occafion of this furprife) went out and took it up 5 and as foon as (he returned into the Houfe, dif- covered my Lord's Death, as you have before at large heard related. G. This feems to be probable enough. .It may fhortly prove more than probable. G. What is become of this Maid that car- ried up the Razor ? T. She is under Bail. G. Doth fhe deny it ? T. Yes, and faith, (he went out of her Ma- tter's Houfe almoft half an hour before my Lord's Death was known, and returned not until my Lord's Death was publick, and fe- veral People in the Houfe to fee my Lord : For fhe tells this Story, * That about half an ' hour before my Lord's Death was known, * my Lord's Footman came to her, and told * her, the Warder would not open the Wicket * to let in my Lord's Provifions that were * brought j and therefore begged her to go ' to her Matter, (Mr. Fftnvley, the Gentleman- ' Porter) to defire him to go to the Warder * that kept the Gate, and order him to let in * the Provifions. L. It's much the Footman himfelf could not go to Major Htnvley, for certainly the Ma- jor (well-knowing whofe Footman he was} would foon go and give Orders to let in the Provifions upon the Footman's requeft as his Maids, unlefs the Maid had fome collateral confideration ( befides that of a Servant ) which might influence her Matter. 7". There was no need of cithers going, as you will immediately hear. Upon this fhe de- clares, c She did accordingly go to her Ma- * tter,who thereupon ordered the Warder to 4 let in my Lord's Provifions , and as they, * C^kO m y Lord's Footman, Will. Inner, and * one Sam. Peci^, and a Porter, were bringing 4 the Provifions, a Sentinel told them, They * were come too late 5 upon which this Maid * declares fhe was furprifed, and asked Will. * Turmr what fliould be the meaning of that H 2 Ex- ( 5 ' Expreflion, You are come too late ; for fhe 4 did not underfland it : Whereto Turner an- * fwered, that he did fuppofe the Sentinel * believed thofe Provifions to be my Lord * Ruffefe, who being gone to his Trial, this * Souldier might think he would never re- ' turn again to the Tower, and fo the Provi- * (ions were brought too late: This (fhe ' declare*) fhe then believed ; but as foon as ' they came in fight of her Mafler's Houfe, * they admired to fee fo great a Croud a- ' bout the Door, but were foon too well ' fatisfied in the occafion, for it was jufl * before difcovered that my Lord of Ejjex ' had cut his Throat. G. This looks as a made Story : for, can it be thought that the Warder would not let in my Lord's Provifions ? T. It is indeed a forged Lye throughout ; for William Turner, Samuel Pecl^, and the Por- ter do all three declare, that the Maid was not with them whilfl they were bringing in the Provifions, neither did the Warder that kept the Gate in the kafl fcruple the let- ting in my Lord's Provifions; this they all fay they are ready to depofe. G. Then this Maid is a Confederate ; for otherwife fhe would fpeak the Truth. T. Surely fhe that endeavours by fuch a falfe villanous Invention to evade the Truth, becomes confenting to my Lord's Mturder, and at the laft day fhall anfwer it. L. Nay, fhe may anfwer it before, if it be once plainly made appear that fhe did carry up the Razor, and was the firfl that difcovered my Lord's Death j for by what fhe then faw, and hath fince heard fworn by thofe who attended on my Lord, fhe could not but be well fatisfied my Lord was murdered, and endeavouring thus to flifle -*it b~y her falfe Evafions 7*. To which, fhe. faith, fhedidfwear be- fore the Secretary of State. L. That adds Perjury to the firfl Guilt. Without doubt her endeavouring by Per- jury to conceal and ftifle the mofl perfidi- ous and barbarous Murder our Nation ever knew, fhall render her culpable in no fmall degree. T. Jufl as the Maid cried out, My Lord had cut his Throat, one Mr. B. ( then an Enfign ) ran into the Houfe, and was the firfl Man in my Lord's Chamber, after my Lord's Death was known, the Blood then feeming almoft reeking hot; this Mr. B. declared, that as he ran in he did obferve (this Maid whofe Name he knew to be Alice ) flanding at her Mafler's Door wring- ing her Hands and crying ; and N. who faw the Maid run into her Mafler's Houfe and up Stairs, and then heard her cry out, Murder, and likewife in her hand the Ra- zor ) declares, that was the very Maid which flood at the Door when Mr. B. went into die Houfe. L. By all Circumflances this mufi be the Maid; for had not this Wench been fome way concerned, fhe would never have invented this Lie ; for Innocence flies not, nor needs a Lie for its Defence, but is always fupported by Truth ; and Innocence it felf becomes juflly fufpeded for Guilt when it makes ufe of a falfe Defence; the Law, and the natural Reafon of the thing prefu- ming that every one will ufe the befl, and consequently the truefl Defence in Pro- tection of his Innocence. Pray proceed. T. The Circumflances of the Razor in the top's being fo broken, and the many o- ther Notches, as before appears by the Ra- zor, are natural felf-Evidence of the Truth of the Razor's being thrown out of the Window ; for my Lord in cutting his Throat could not fo do it, notwithstanding an old Chirurgion to the Jury declared otherwife; for the Jury asking him, Whether my Lord in cutting his own Throat could fo break and notch the Razor ? The Chirurgion an- fwered, that it was poffible for my Lord to do it againfl his Neck-bone, occafioned by the Tremefaftion of my Lord's Hand when the Razor came to the Neck-bone. L. Certainly there was a Tremefaftion in the Chirurgion's Under/landing or Honefty, when upon Oath he gave this Anfwer, for I do fuppofe he was fworn. T. He was fo. As a further. Ar- gument againfl my Lord's cutting his Throat in ( 55 ) in the Clofet, the Circumflances of the Clofet (_ as found when ray Lord was firft found dead} appear in Evidence. You may obferve the Clofet is but three Foot and one Inch wide, and feven Foot long in one fide, and about five Foot long in the other j now it's declared by thofe attend- ing on my Lord, that there was no Blood againft the Wall a foot higher than the Floor, nor any upon the Cloofe-ftool, or any of the Shelves of the Clofet ; where- as had my Lord cut his Throat ftanding on the Clofet, the Blood would have im- mediately gufhed out of fo large an Orifice five Foot at leaft, wherefore that part of the Wall over againft his Throat murVhavc been very bloody ; but in this cafe "fliere was none at all, and therefore it could not be done ftanding : neither did his LofWhip do it kneeling; for there was no Blood as high as his Throat, as in that Pofture would have then been : and that his Lord- fhip did it not lying along, appears from the Pofition of the Razor ; for the Wound beginning on the left fide, and ending on the right, the Razor muft have been on the right fide of the Body, whereas it lay about fourteen Inches or more from the left. G. All thefe felf-Evidences might have appeared to the Jury upon their view* and it's very much they did not obferve them. T. What the Jury did, and how they were managed, you fhall foon hear. But I fhall, Firft, take notice of the many Irregu- larities, with refped to the Management of my Lord's Body, the Chamber and Clofet after my Lord's Death. Secondly, The falfe and malicious Sug- geftions by Major Huwley to the Jury, to hinder the Difcovery of the Truth, and to influence them to the belief of my.- Lord's felf-Murder: And, Thirdly, The Oppreflions, Threats and Se- verities fince ufed to avoid a Detection of this unparalled bloody Treachery. Firft, The Irregularities with relation to the Body, Room and Clofet after my Lord's Death, thefe were fuch as prevented the Jury from making thofe Observations you fay were natural for them to obferve ; for the Body was ftripp'd and warned, and the Clothes carried away, and likewife the Chamber and the Clofet warned, before ever the Jury law the Body ; and when the Ju- ry the next day faw the Body, my Lord lay ftripp'd and warned in the Chamber, and covered with a Sheet. L. This was very irregular, and contra- ry to all Practices, when a Body is found dead, efpecially under the fufpicion of feff- Murder, I fay, under a bare fufpicion , for feeing none could be examin'd ^>the mat- ter to give any Account how my Lord be- came dead, but thofe immediately atten- ding on my Lord, and fuch being flrongly to be fufpeded as privy to the Murder if my Lord were by others treacheroufly taken off} the Body, and all things with relation to it, Ihould have remained under the Circumftances firft found in, and the Perfons thus attending on my Lord fecured apart, in order to their Examination; fo that they might not inftrud each other, and agree in a feigned Story to avoid the Difcovery of their moft perfidious Villany. T. This had been indeed natural, and according to King Charles the Second's exprefs Order , but contrary to both, the matter was managed, according as you have heard declared. " The next day after my Lord's Death the Jury met, and viewed the Body ac Major Hawlrfs Houfe, under the Circum- ftances before related; and then the Jury were adjourned to a Victualling Houfe in the Tower to confider of their Inquifition. When the Jury had the Matter thus under Examination, Mr. Fijber ( one of the JuryJ demanded a fight of the Cloathes : upon which the Coroner was called into the next Room, and returning in fome heat faid, It was the Body, and not the Cloaths they ( 54) they were to fit upon , the Body was there, and that was fufficient. L, Who was it that called the Coroner into the next Room ? and to whom did he there go ? for it's probable this was what thefe Gentlemen (_who ever they were) then in the next Room, would not have in- quired into Co ftri&ly i I defire to know their Names. T. The Coroner protefts he hath for- got who called him, or to whom he there went. L. Forgot ! I muft confefs I have heard of the Art of Memory, but never of the Art of Forgetfulnefs : as none are fo deaf as thofe that will not hear, fo none fo forgetful as thofe that will not remember. T. Ydd are very fharp upon the Coro- ner, of whom I have a more charitable opi- nion. L. Your Charity ought not to blind your Judgment ; Can you believe this Gentleman forgets, what he hath had all the reafon i- maginable to remember? for feeing my Lord's Death was fo foon after his Death queftioned, this muft naturally put the Coroner upon reflecting on what pafled, which might argue either for or againft the Murder. I am fure thefe Reflections would have naturally brought to, and imprinted in his Mind this particular Paflage : but, peradventure,(hould the Coroner true Anfwer make to this Point, and confefs that fuch Gentlemen in the next Room advifed him to check the Jury for their too great Inquifitives, this would have look'd like making himfelf an Acceflbry (_ in Fore C,onfcientiMonmouth was ' routed in the Weft, one Mr. /. E. (to the ' beft of this Informants remembrance} told ' this Informant, that it was almoft Univer- 'fally whifpered amongft the acquaintance 'of Mr. John Holland, (formerly Servant to ' the Earl of Sunderland) that the faid Mr. * Holland had confefled to one Mr. D. of his 'intimate acquaintance, and afterward concerned with Holland in the Robbery of ' Mr. Gat ford, for which both were condem- ' ned, and the faid D. executed, but Holland * pardoned} that the faid Holland was con- 'cerned in the murder of Arthur late Earl of 'Effex, in which he was employed by the 'Earl of Sunder land, upon this occafion, ' (yi\.~) The faid Mr. Holland one day 'waiting ' on my Lord Sitnderland, his Lordfhip feem- ' cd much difturbed with Paffion : upon < which the faid Holland told his Lordfliip, ' that if his then coming to his Lordfhip had ' fo difcompofed him,he would withdraw and ' wait on his Lordfhip fome more conveni- ' ent time ; whereupon my Lord faid, that ' he fhould tarry, for it was not with him '(the faid Holland,') that he was angry, but ' with others ; and that he was concerned 'to think, that of fo many Servants his 'Lordfhip had made, and been fo very kind ' to, he had not one he could truft, or would ' ferve him (or words to that effeft} : Upon ' which the faid Holland replied, He was ' then ready faithfully and punctually to ob- ' ferve his Lordfhip's Commands, in any ' thing. My Lord then difcovered to the faid ' Holland the defigned Murder of the faid 'Earl of Effex, and would have the faid ' Holland therein to be engaged ; to which 'the faid Holland readily contented; and that the faid Earl's Throat was cut with a ' large Knife,and not with a Razor. And this 'Informant was then further informed, That 'the faid Holland had further declared to 4 the faid D. that fome People were after- ' wards made away for blabbing what they ' knew concerning the faid Earl's Death, and ' that the faid D. had charged the faid Mr. 'Holland, before feveral of their Acquain- 'tance, one day drinking together, with ' what the faid Holland had confefTed to him * the faid D. as aforefaidj and that he the ' faid Holland, upon his being fo charged, ' feemed much dejected, but could not deny c it. This Informant further maketh Oath, ' That one D. P. about three Years fince, did ' give this Informant almoft the fame Ac- ' count, with relation to Halland and D. And ' the faid D. P. did further tell this Infor- *mant, that when the faid Holland and D. ' were committed to Newgate for Robbing 'Mr. Gatford, the faid D. P. went to fee ' the faid Holland in Newgate, to condole his 'Condition: But the faid Holland ms very cheerfuljand told him, the faid D, P. he was, fecure ( ' c fccureof his Life, and likewife not to want ' Mony as long as the Earl of Sunderland was '"living. The faid D. P. did likewife then * further tell this Informant, That the faid * Holland (as foon as he was committed to ' Newgate tor the aforefaid Robbery) fent to * my Lord Sunderland for fome Mony, and * that his Lordfhip fent him the faid Holland, ' 1 6 Guineas. And this Informant hath been ' told by feveral, that the faid Lord Sunder- * land hath many times fupplied the faid ' Holland with Mony. L. I doubt not but Holland was well re- warded for this eminent Service, and my Lord Sunderland obliged to ftand his Friend under all Exigencies. T. Sometime after my Lord's Death, Hol- land .drew in this Mr.D. (a very ingenuous young Gentleman, but infortunate in fuch his Company) to be concerned in the Robbery of one Mr. Gatford, for which both were con- demned ; Holland of the two feemed far the greateft Criminal, and therefore, according to the reafon of the thing, had leaft hopes of Life , but contrariwife, he was very chear- ful, and my Lord Sunderland extreamly kind to him, beyond a common Degree of Fa- vour , .infomuch as Major Richard fan taking particular notice of his extraordinary Kind- nefs to this profligate Fellow, told one of my Lord's Gentlemen, ' That it was not for his * Lprdfhips Honour to appear fo much for one * of the moft villanous Character imaginable. To which it was Anfwered, that his Lordfhip had a great kindnefs for Holland, upon the Account of my Lord Spencer, to whom this Holland had formerly been a Servant.. L, There was certainly fome further Rea- fon. T. His Lordfhip's Favour ftilf continued to this Holland, who afterwards being in Prifon, often writ to my Lord for Mony, which was accordingly fent, and fometimes would pro- cure the liberty to go to my Lord Sunderland, and fome others, for Mony, of which the Perfon, (w\.) one /. W. that went with him, taking particular notice, asked the bid Hoi- land, How it came to pa fs that he could go with that freedom and alfurance to my Lord Sunderland and thofe others, and be fo gene- roufly fupplied with Mony at all times ? To which Mr. Holland made Anfwer, Damn him, he had done that Service for them that they durft not do other wife. L. Durft not do other wife ! a very becoming Phrafe for a Man of his Character to ufe with relation 4:0 a Perfon of my Lord's Qua- lity. This argues either fome extraordi- nary fecret Service done for his Lordfhip,the Difcovery whereof would tend highly to his Prejudice, or elfe this Holland, is a very im- pudent Lier; but the firft feemsmoft pro- bable, confidering my Lord's extraordinary kindnefs to Holland, in Newgate (as was be- fore obferved) and his conftant fupplies upon all application. T. I have been credibly informed, by a Gentleman that was once a fellow- Prifoner in the King's-Bench with Holland, that Hol- land did ufe to bring Letters he writ to my Lord Sunder land, and defired this Gentleman to direct them in French, pretending, that if my Lord faw his hand, he would not open the Letter. L. I rather believe the Direction was to cheat my Lord's Servant (who carried the Letter from the Meffenger, or Penny-port Man) than to influence my Lord to read it. T. This looks moft likely, I muft con- fefs, this W. Ml (once about three Years fince) faying to Holland, it was much whif- pered, that my Lord of Effex did not cut his own Throat, but was by others taken off; Holland faid, Damn him, it was not a Farthing matter if twenty fuch were taken off. L. A very fine Fellow for fuch Service ; he who declares, It if not a Farthing Matter if twenty fuch were ta^en off, (by which he meant Murdered, for 'twas in Anfwer to the fame hefpokeit) would not boggle mnch at rhe. doing that villanous Murder, efpecially con- fidered that hereby he fecured himfelf from punifhment in his after- Villanies. T. 1 remember very well, a Gentleman told me that it was fome Years fince difcour- fed ( 57) fed in Walts (of which Country Holland, is), That Holland being asked how he efcaped Punifhraent for Mr. Gatford's "Robbery, (be- fore taken notice of) he Anfwered, with his ufual Phrafe, Damn him, they durft not take him off.for at the place of Execution he would have difcovered how my Lord of j^*came by his Death : but the Gentleman either ^eally hath, or pretends to have forgot who told him of it. L. I find many Mens Memory in this Cafe, ad flac'itum, to remember or forget as they chink fit. G. I have heard of a Letter writ by Hol- land to the Earl of Fiytrfka*, (if I mif- take not ~) ; which Letter was read in the Houfeof Lords, and therein it was faid, that Mr. Br addon would have fuborned Holland to fwear in this Cafe ; and as I have heard, Mr. Er addon offered a cor.fiderable 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 4 very foul practice. 7". Yea, if true, it had been villanous, and had deferved (before God) as great Punifhment as the Murderers themfelves : For as in the Old Law, ( Dent. 19. 1 6, &c/) * If any falfe Witnefs rife up againft his * Neighbour, the Perfon fcrfworn ( when * detected to be fo) vvus to receive the fame 'Punifhment the Man accufed fhould have 'undergone, in cafe the Charge had been * true ; whether Tocth for Tooth, or Life * for Life, &c. This Law hath an innate uni- verfal Reafon ; and it were not amifs if the fame were with us enaded. Now as the Witnefs himfelf doth deferve this Punifh- ment, the like ( in Faro Confcienti* ~) doth the Suborner : For if in our Law, he that hireth another to poifon, ftab, or any other ways to murder a Man, is juftlye- fteemed Acceflbry before the Fad, and fhall undergo the fame Capital Punithment, the Principal fhall fuffer : So do I think it reafoiuble that whofoever fuborns a Perfon, to take away the Life of any, is ( before God ") guilty of the Murder of the Perfon accufed, equally with him that commits the Perjury; and botli are in- deed, according to the univerfal Reafon of the Thing, guilty of a more heinous Mur- der, than he that cuts another's Throat v feeing in this he corrupts Juftice, and by Perjury makes Juftice ( which by God is defigned, and by Man ufed as a protedi- on to the Innocent ) a Means to deftroy, whom in its own Nature it Ihould acquit and proted. If that Phyfician, who to deftroy his Patient, malicioufly poifons his Phyfick, ( defigned by Nature for the prefervation of the natural Man ") deferves the word fort of Death, becaufe he be- comes fo vilely treacherous; how much more heinoufly criminal is he, who by Subornation or Perjury , corrupts Ju- ftice, which Heaven enaded, and Man- kind flies to for a Security to the Moral Man. Wherefore with you I fhould con- cur in this Particular, that Mr. Braddo* deferves the worfl Death could be con- trived, were he guilty of this indeed Falfe and Malicious ) Charge. But the truth of the Cafe, I can in great part at- teft, which is this, wV) Mr.Braddon having fome reafon to believe Holland one of the Ruffians, he did ufe all means poffible for his Apprehenfion ; but he found that Holland lay very private \ and, as he had reafon to believe, defign- ed to fly beyond-Seas, (as his own Let- ter before-mentioned declared "); hereup- on Mr. Braddon applied himfelf to fome of Holland's Acquaintance, and by. them be- ing brought to Mrs. Holland^ Mr. Br addon told her, That he had reafon to believe her Husband was concerned in this vil- lanous Murder ; and herein he was con- firmed by Mr. Holland's abfconding j for Innocence defires a Trial, but Guilt ftill flies from Juftice. Mr. Braddon then told her, That if her Husband were really guilcy of this Fad, and would immedi- ately furrender himfelf, ingenuoufly de- claring how, by whom, and with whom, and for whaj hired to do this barbarous Mur- der, her Husband would have a general Pardon, and boch hi.n and her provided I for. ( 5 8 for. Bur if 'her Husband was innocent,' ( nothwithftanding whatfoever was faid to the contrary ") and fliould take upon him a Crime ("for any advantage whatfoever) of which he was not guilty, he did dc- ferve to be hanged here, and damned hereafter, feeing by his Perjury he would make JufHce an Inftrument of executing the word of Murders. But if he were indeed the Man, and fhould furren- der himfelf, and difcover the whole matter, he muft be fure to keep within the limits of Truth ; for fhould he be detected in the leaf! Perjury, no Man was more vigoroufly profecuted, nor any more feverely punifh- ed than he (Tor fuch his Perjury) muft, ex- peft to fuffer. Thefe were the Arguments with which Mr. Braddon would have fuborned (as that Letter calls it) Holland, to a full Difcovery: and I do appeal to all the World, whe- ther, admitting this to be true ( as it will be proved when occafion fefves ) Mr. Brad- den deferves this Villanous Charge j for the Truth of this I do (on Mr. Braddorfs behalf) appeal to the Confciences of Mrs. H. Mr. F. and Mr, S. with whom Mr. Braddon feveral times treated in this Aftair. G. If the Cafe were as you have repre- fented it, Mr. Braddon did nothing herein but what was confident with a good Con- Icience, and for which he defcrves not the leaft Cenfure. If I miftake not, you faid Holland did alfo go to others for a Supply, as Well as my Lord Sundirland j Pray whonvere thefe? T. Pardon me (Sir) if I name them not, you will hear of them in convenient time. G. Sir, pardon the Queftion, if the An- fwer be a fecret. T. It is enough that I give you Satis- faction in the General, and I defire not to be prefs'd to anfvver all Particulars, for it may not be proper. G. I defire to know nothing which may either prejudice you. to reveal, or the thing it felf by being revealed, but efteem it as a great Favour you have been alrea- dy fo large and particular in the Difcourfe, which hath given me great Satisfaction, and will convince fuch as fhall hear it from me. Z. A Convert! G. Sir, a Convert to Truth I rcjoyce in being ; tho at the fame time it's not only mine, but every good Man's Duty to grieve for thefe ill Men, who are any ways con- cerned in this Villany, efpecially confi- dering to whom this looks related. L. We fee how it looks related ad Ho- mlnem y and ad Rem y and we are very glad this Author hath Abdicated, and his De- fign is fruftrated. His Highnefs hereby thought to have made one great ftep towards the Accomplifhment 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 So- veraign, his Inftrument, and thofe Right Noble and truly worthy Lords and Gentle- men,' that to the hazard of Perfons and Eftates, embarqued on this Glorious De- fign, which Heaven, to a Miracle, blefled with fuch afudden (and as to fhe manner, without Blood ) unexpected Succefs. T. But to return to the Jury from whence we digrefled in purfuit of MoUand, and the Inftrument of Death. And to the fecond Particular, TJV^. ffxw- ley's unfair Practice, with relation to the Jury, to corrupt them into a belief of the (pretended) felf-Murder. Mr. Fijher did then further declare, that he had been informed my Lord of Ejjex was a very pious good Gentleman : to which Bomeny anfwered, My Lord was indeed a very pious good Man ; upon which Fifhcr reply'd, h was then very improbable he fhould be guilty of this the worft of Actions. Major Hwley perceiving that the Jury were like to be influenced with my Lord's true Character (for fuch indeed his Lordfhip was, as he was to Fi[htr reprefented) and thereby made -believe that myJLord did not cut his one Throat ; (tfMUQfto wfaat Ma joy Hinvley may be reasonably prefumed to defire they fhould find) therefore to re- move this, and corrupt them into a be- lief lief of a Lie, v'v(. The pretended felf-Mur- der-, Hnvley tells Fifyer that it was his Miftake in my Lord, that made him be- lieve his Lordfhip fuch a Man 5 for all thofe that knew his Lordfhip well, knew this of him, That it was a fix'd Prin- ciple in my Lord, that any Man mighc cut his own Throat, or othervvife difpofe of his Ljfe, to avoid a difhonourable and infamous Death : fo" that this A&jon was not unlike his Lordfhip, but according to his avow'd and fix'd Principles. This falfe and malicious Suggeftion of Major ffiwley ([which the Jury then did fuppofe to be true") did very eafily incline them to believe that my Lord had (_ purfuant to this Principle } cut his own Throat, to avoid that Difhonourable and Infamous Death, which his Circumflances feem'd to threaten. L. What is this Hawlty ? Could his Con- dition pretend to any Intimacy with his Lprdfhip, that he feemed fo well to know my Lord's Principles in this matter ? T. Htwhy now denies all, and protefts to their Lordfhips of this Committee^ that he was not nigh the Jury in the Viclualling- Houfe all, the time of their Inquifition, nor ever heard it faid to be my Lord's Principle, That any Man might cut his Throat to avoid an Infamous Death, till their Lorfhips in this Committee told him fo. L. Sure the Major's Memory muft be very fhprt, for there is hardly any Man of conver- fation in Town, but muft have often heard it fo faid, it being a general difcourfe, imme- diately upon my Lord's Death, that fuch was his Lordfhip's Principle. 0. This I have been very often credibly informed, and have heard it reported in all Coftee-houfes, and ufed as one, and not the leaft Argument of my Lord's having indeed cut his own Throat. I do -much wonder the Major fhould pretend that he never heard of it, efpecially when he himfelf did fugged the faiifl to the Jury, and prtfs'd it as an Argu- ment of my Lord's Self-Murder $ I do not well understand this. T. Gentlemen, to me the rcafon of this is plain ; For when Major Hxwlrj found that fuch a Suggeftion was ufed as an Argument of his Guilt, to avoid this Charge, he doth not only deny his fuggefting it, but, as a good Reafon (had it been true) that he could not, declared, he never heard it by any faid (before their Lordfhips charged him with it) that fuch was my Lord's Principle. L. Major /foWf/s denying that he did fuggefl this to the Jury, or ever heard i: faid to be my Lord's Principle, when the Matter is pofitively fworn againft him, natu- rally argues that this was z falfe, forged, and malitioufly- in vented Story, by that bloody ^jrty j and Hawliy the Man by them pitched upon, as the mofl proper Perfon to corrupt the Jury, (_the then proper legal Judges of the Manner of my Lord's Death]) with this treacherous and villanous contrived Suggefti- on ; fo that the Jury might be more eafily inclined to believe my Lord's Self-Murder upon evidence as inconfiflent as falfe. G. I do much admire Major Hawky fhould deny he was with the Jury at the Vi&ual'ing- houfe, if he were indeed there ; feeing his being with them there was no Crime, and therefore needed no denial. T. His bare being there, needed neither denial or excufe ; but to avoid the Charge of what he falfely and treacheroufly did vvhilft he was there (which he could never ex- cufe]) he thought beft, in general, to deny that he was with the Jury at all in the Yiftu- alling-hcufe. G. But this was very Foolifh, bcaufe the Major being fo well known, (and it may be to all the Jury") his being there could noc but be remerabred by many of them. T. Almoft all the Jury do remember him there, and likewife the Coroner, and Surge- ons can't but know he was there. G. The Major's denial therefore looks ill : for if he had been there, upon any lawful or indifferent Account, he might have lawfully and innocently juftified the fame ,. but his de- nial \vhen proved fo very falfe) looks as though his Charge were too true. T. The Jury had another Reafon to re-. member the Maj6r's being there with them 1 2 'at (do) the Viftualling-houfe j for when fome of the Jury moved for the Adjournment of their Inqufition till fome further time, and in the Mean while notice to be given to my Lord's Honourable Relations, that they might bring what Evidence they thought good. L. This had been proper, and it's very cuftomary ; for f ometimes the Jury do not bring in their Inquificion in many days. T. It had been both proper and pra&ifed in this Cafe, had not Major Hatvley preven- ted it. G. How could the Major hinder it ? T. Ha,vpl(y enters a Caveat by another vil- lanous and falfe Suggeftion: for upon thi* Motion of the Jury, Hxwley, with great earneftnefs, allures the Jury, they could not adjourn their Inquiry, but muft immediately difpatch i becaufe his Majefty (Charles the Second } had fent an Exprefs for their Inqui- fition, and would not rife from Council (where he was then fitting} till their In- quiry was brought hinv, wherefore they muft make all hafte poflible. This the Jury believing, they made more hafte than good fpeed, and fo, fooner than otherwife they would, finiflfd their Inquifition. G. Doth Major fiatvlcy remember this, Meflenger fent by his Majefty ? T. JfawUy totally x denies this likewife, and in anfwer,faith, (as before} that he was net nigh the Jury at the Viftualling-houfe, and fo could not thus haften them. L. Denies it ! is it not fworn ? T. Iris.* L. Certainly the denial of a Criminal, fhall not ballance the Teftimony of the Accufer. T. Efpecially when the Perfon accufing is of a much cleerer and better Reputation (in all things confidered} than ever the Perfon Accufed can juftly precend to. G. 'lamforry for the Major, whom I did ever think very Loyal. _ L. His Old Court- Loyalty [Obedience without refervc] qualified him as a fit In- ftrument in this perfidious and villanous, though then Court-Loyal Service. I re- roiember that a Popifh Captain, about two Years fince, declared, 'He looked upon * himfelf, bound to obey ("without referve} .,_ * his King in all Commands j and fwore, his * Loyalty was fuch, that he wculd cut his * ConfeUor's Throat, when under confeflion, ' if his Prince fliould fo command him. T. A thro'-paced Loyalift upon my word. G. A Loyalift ! a Loyalift for the Devil. L. Even fuch Loyalty thofe Men had, which were imployed in my Lord of Efftx his laft Service. G. I have been informed, that Major Hnvley hath declared, 'He would go forty *and forty Miles bare-foot to difcover this ( Murder, if my Lord were indeed raur- * dered by others. L, Verba. Credam cum jaffA Videam ; Shew me thy Faith by thy Works. T. That this Htnvlty was aManwhoftil! thirfted for the blood of thofe brave true Englifh Champions that oppofed the late Court-Arbitrary-Defigns, and could afford thofe honourable Lords, and truly worthy Knights and Gentlemen, no better Titles than Rogues, appears by what he declared the very day, that a great Number of Ho- norable Lords (amongft which this unfortu- nate Lord I hear was one} and worthy Knights, Gentlemen and Citizens dined to- gether at Mli-end-Gmn -, for, fometime that Afternoon, Hawley told Mr. Bnnch> then a Warder, that above 200 Rogues that very day dined together at MUe-tM-Grttn, but he gn did wifh that he had forty of the biggeft of them there in the Town, that they might be made the fhorter by the Head, for till then the Land would never be at quiet. L. What is become of this Major //awley .-> G. He is Major of the Town, and like- wife is (as I thiflk) Gentleman-Porter, his Place worth fome hundreds a Year. L. What,is he now intruded in the Joroer ? G. Yes with almoft (if not altogether} the greateft Truft (next under the Honora- ble Governour) that is now in the Iantfr,and he is even my Lord Lucas's Right-hand in the management of the iWft-Affairs, L. Is this which is here faid to be fworn againft Jianrley, known to the Lord Lvcas ? T. I believe not. I. It (61 L. It were well his Lordfhip were ac- quainted with it , for moft certain (if what be fworn againft him be true, which it's reafonable to believe} ffxrvley is very deep in this Matter ; and then we well know for whatintereft he muft cordially ad, tho' in appearance hefeemotherwife. 7*. The 2i/2 of January laft, when his Wife (or fome Gentlewoman in his Houfe when he was taken) heard of the Major's be- ing feized upon as fufpe&ed concerned in, cr privy to this Faft, fhe cry'd out, ' God * fend us our good King again, for he will * foon put an end to this Matter. L. And without doubc an End to thole that inquired into it. > G. I muft confefs, thefe falfe Sugge- ftions (for I can't believe them other- wife, feeing Major Hawky denies his be- ing with the Jury} reflect upon the Ma- jor as too officious in this Matter; and I fear this great officioufnefs of the Major, was in order to a very ill End ; I can think no otherwife, and am heartily for- ry for him, becaufe I have heard many Loyal Men fpeak very well of him, and to mehe hath appeared no otherwife. ^0ttBBt Men of our late Loyalty will fpeak the better of him upon this very account, and that which would make him odious in the fight of honeft Men, in the efteem of thefe renders him the more ac- ceptable , but as for thefe worthy Gen- tlemen who have had good Thoughts of this Man, as foon as they find thefe things, (and fomewhat elfe") fworn againft him, they muft either believe him not Inno- cent in this, or difcredit the Evidence ; to do which, Would argue Prejudice, when the Accufer is of a clearer Reputation than ever this Gentleman can pretend coj and befides, in this Hands Reftus in Cmn, neither his Perfon or Eftace depending cpon the Iflue of this Caufe 5 nay, if he ftand under any Ptejudice, it is, that my Lord fhould ftill appear a Self-murderer, becaufe, fhould it prove otherwife, the Co- roner's Ir.queft (of which this Gentleman is one.} mult expeft the Mi of fome Mens Tongues', though I do think them to blame in nothing hue fome indifcre- tion -, for I am verily perf.vaded, that thefe Gentlemen ( for the moft part, at leaft ) did not rejoice in that unfortunate Acci- dent, but did heartily wifh they had re- ceived any Information to find it other- wife than their Evidence moved them to ; but nothing of that appearing from any Perfons who came in to depofe on my Lord's behalf, and thefe Gentlemen being obliged to go according to Evidence, they are no: fo much to be blamed, as pitied, for being fo hurried into their Inqueft. L. I find you are an Advocate both for the Coroner and his Jury : Think you they ought to be juftifted in all Particulars.? T. It's one thing to juftify, and another to micigate ; As I do not think them al- together excufable, fo neither do I believe them fo Criminal as fome would repre- fent them ; and as far as in Juftice I may, I think it my Duty to clear them, and all Men, from any Afperfion. L. You fay the Jury ought to hare proceeded according to Evidence: Ought they not under that Notion to have com- prehended the feveral Irregularites in the total Change of the Circumffonces of the Body, Room, and Clofet, from the State in which they were when the Body was firft found ? Ought they not to have con- fidered, as Evidence, the palpable and grofs Contradictions, (before at large obferved,} between thofe attending on my Lord, which argued the Falficy erf the Evidence, and that, the truth of my Lord's being murdered? And ought they not to have confidered, as Evidence, the feveral Cuts before obferved to be in my Lord's Right- hand, which argued his Refiftance to put off the Inftrument of Death ? Ought they not to have confidered as, Evidence, the Gentlemens tampering with the Coroner in the next Room (for I caa believe thefe Gentlemen there for no other pur- ppfe } and 'till the Coroner's Memory ferves him to name thefe Men, and their Bufineft with him, I fhall not think the beft of him, ; (62 ) him: Befides all which, they ought, to have confidered, as gvi&mce, the Circumflances cf the Razor, the (pretended} Inftrument of Death, and compared the length of the Razor with the depth of the Wound, and they would not have found an Inch diffe- rence. Now the Razor, as appears by your defcription, being a French Razor, and not having any Tongue or Spill, this Razor, in the ufe by my Lord, could be held by nothing but the very Blade, and not lefs than two Inches of that muft be held in my Lord's Hand, to cut with that fteadi- refs and ftrcngth the making this large and deep- Wound required 5 fo that the Jury would then have found not above two Inches without the Hand to make a .Wound above three Inches deep : this mufl have appeared fuch a Mathematical Im- pcflibility, as would have been compre- hended by all, and of it fclf had been fufficient to have proved the. ( pretended) 'I'elf-Murder a Forgery. To all which, to clear the Jury from all Blame, let us add their not examining thofe three attend- ing on my Lord apart, but fuffering them to know one anothers Examinations, fo that they might agree in their Story, and the better to hejp them herein, to permit my lord's Servant when he began to fairer in his Relation (which alone gave fulpicion enough, that he was telling a l.ic, for Trutli would have readily occurr'd) to go into the next Room (to his Tu- tors without doubt) "and write his own Information 5 and yet after all, their Re- lations were incoherent and contradictory. Thefe your honeft Jury-Men have in all this gone according to Evidence, have they not? Do they deny that they obferved thcfe things? if they did ret, it argues either their great Simplitity, or fomewhat much Worfe. T. Some of thefe they do confefs to have obferved, but others, they difown to have taken any notice of j in particular (they fay} they remember not to have obferved any Cuts in my Lord's Right-hand. L. They fay they remember not ! Thefe Gentlemen, I perceive, have likewife Jesurn'd the Art of Forgetfulnefs, fo that they will remember nothing which may feem to reflect upon their Difcretion or Integrity : I would have fome of thefe you have before mentioned fet up a School to teach this Art never before found out by any. T. I have heard 'of one of thefe Jury- Men, who being asked, what Cuts he did obfcrve in my Lord's Right-hand? an- fwered, Should he confefs any, it would reflect upon them. L. And therefore this Gentleman was refolved to forget, to reflect upon them! I perceive this Gentleman doth not con- ffder how his ftifling ( in not owning what he can't but remember) the Truth makes him, in Foro Confdintlx, accefTory after the Fact, to my Lord's Murder; For whofoever there is that knows any thing, which he believes in its Difcovery might tend to the Detection of this moffc perfidious Murder, and by his Silence endea-' vours to ftifle it, therein (before God) becomes confenting to that Fact, as ac- ceffory to which at the lafl day he fhall anfwer. Our Law makes him acceflbry after the Fact, that endeavours ffctfflp?ai and convey any from Juflice, wnom'fte" knows guilty of fuch a Villany; and for fuch his Crime he fhall anfwer with the Forfeiture of his Life. Now the reafon of this Law I take to be this j becaufe fuch an Offender (endeavouring to defraud JufUce of its due, by pjrotectjng his Life, which by his Tranfgreflion became forfei- ted to the Law) becomes confenting to the Fact, and fhall in his own Life be- come fubjected to that Punifhment, the Per- fon by him fo conveyed away would have fuffered, when taken 5 nay, the Crime be- comes not excufed by the Perfon's being apprehended,after he is fo concealed or con- veyed away, but the Perfon guilty hereof fhall fuffer the fame Capital Punifhinenc that is inflicted upon the Principal. T. 1 wifli all Men were fuch Cafuifts,as to, underfland this ; and fo good Men, as to pur it in Practice : for you would then foon hear of of Jiew Evidence in this Cafe. L. A Man needs not much Cafuiftkal Learning to know fo plain a Cafe. T. In all your -Hear, you do not confi- der thofe Circumftances that might influ- ence the Jury, and deter them from do- ing what they ought in this Cafe. . What can plead their Excufe? T. The great danger they had been un- der in finding my Lord murdered by others, pleads for your and all Mens charitable Pity towards Men under fuch a Temptation. . Nothing ought to deter Men from an inviolable Obfervation of that Maxim before mentioned, Fiat Juftitia, & ruat Ccelum. T. The Obfervation of this, is, I muft confefs, every Man's Duty; but we find the fear of Death hath prevailed with the beft of Men to fwerve from their Duty, to the higheft degree. He of the Difci- ples who in all appearance had the beft natural Courage, for he only wore the J obn l8 ' Sword, and* ufed it in the greateft Dan- , * * gers } had the f higheft degree of Faidi ; fMat. 14. was t i ie j|jfr^ t h at explicitly owned our .. 2 9' Saviour, and declared when fore-warn'd jj Mat. 1 5. of his Denial )xthat tbo all Men deafd our l ^' Saviour, he would Hot; nay, tbo he tvire to Mat A ^ l> ^ veou ^ ft' K k. lf e to hi* Faith , this ' very Man once under all thefe Advantages, in the midft of his Preemption, was at laft heftor'd out of his Faith by a poor filly Kitchin-Maid, thrice denying the Lord of Life, tho' even then, before his Face, and after his Reflexion upon his Fault, and his weeping bitterly, he had not Cou- rage enough to appear, own, and fuffer with his Matter, as before he declared he would do, rather than deny him. Such Inftances as thefe fhould teach us all Pity towards thofe that fail in their Duty under the like Temptations; and likcwife thofe that ftand, fhould take care left they fall. G. I have been often told by a Mer- chant, who many Years lived in Genoa, 'That when fome young Noblemen up- * on a fmall provocation _) in the midft 'of the Street, have murdered others, * they have upon the Spot immediately aloud '.declared, Th.it- wofavir fowlst fy t % dii ' it, fbould not long remain thiir Debtor. By ' which tiie ftanders-by were given to un- ' derftand, that whofoever fhould difcover c them to be the Men, muft expeft to fall ' Sacrifices to their Revenge, or the Re- ' venge of their Party ; and the,y fail'd not ' to perform what was fo threatned. r. Little lefs in this Cafe was done, as fome have felt by woful Experience, who by their Expreffions in deteftation of this Murder, had expofed themfelves to the malicious fury of thofe Man, who never ftuck to add Blood to Blood, to prevent a difcovery of the firft, and carry on their devilifh fntereft. And this brings me to the laft genera! Confideration, ( vl-\. ) The Eackwardnefs of the then Government, and the many Threats, great Oppreflion, and barbarous Cruelty that hath been ufed to prevent a Difcovery of thofe barbarous and bloody- minded Men, with Other Particulars, which feem to argue my Lord's being villanoufly murdered. I (hall firft, fpeak to the Backwardnefs and Oppreflion of the Government in this Cafe. And, Secondly, To fuch other Particulars as may be ufed as Arguments of this trea- cherous Cruelty. - For the firft, (^. ) The Backwardnefs of the then Government, and the many Threats, great Oppreflion, and barbarous Cruelty that hath been ufed to prevent a, Difcovery of thefe barbarous and bloody- minded Men. When Mr. Braddon went to the Earl of Sunderland, then Secretary of. State, the very next Tmtrfday after the Death of the late Earl of Effix, and car- ried with him the Information of William Edwards and his Mother, ( ready writ, buc not fworn ) my Lord Sander land feemed much furprifed upon reading of them, ( and indeed he had reafon to be fur- prifed, if he ftands fo related to the Mat- ter as he is now fufpefted to be} ; and then, in fome heat, asked Mr. Braddon, Who bad him bring thofe Things to him?. To To which it was anfttered, That Sir Henry Cupel had defired it. Upon which my Lord ordered Mr. Braddon to come the next morning, and bring the Parties concerned, faying, Ij it were proper, be would tafy them. L. I can't but here obferve, that Anger and Heat you fay my Lord Sunderland was in, when thefe Informations were as a- bove) delivered, as though it had been a Matter which did not properly belong to him, and therefore unlefs it were proptr, he would not take them : The Secretary is angry that he%as troubled with the Eufi- nefsi and yet the Court of King's-Bench, at Mr. Br addon's Trial, faid, * That Mr. Brad- ' don had done well, if he had firft gone to 'the Secretary of State. G. But Mr. Braddon rlrft tried feveral Ju- ftices of the Peace. T. That did not then appear to the Secre- tary of State i wherefore the Secretary thought that an Impertinency in Mr. Brad- don, which the Court of Kings-Bench called his Duty. L. If it were propir, my Lord Sunder land would take them ! Certainly the Inquiry after a Murder is proper for the Magi- ftracy ; and the Murder of a Perfon of fo great Quality , a State-Prifiner in the State-Prison, by virtue of a Secretary of Stutf s Warrant, is proper for a Secretary of State to inquire into, efpecially confi- dering the Relation that this Murder might be fuppofed to bear towards Perfons not of the lean Quality, nor Matters of the meaneft Confideracion. T, This holds good in the General j but there is never a General Rule, but hath an Exception ; and this fell as an Exception under the General Rule for tlie Quality of the Guilty m.:de this Exception, when otherwife there had been none -, and there- fore that Reafon which you gave for the Secretary's Inquiry, vi\. ) the relation of this Murder to, Quality and Matter of Confcquence, was the only Argument that balked the Inquiry. L. Arguments! curs'd be fuch Argu- ments as are thus grounded upon no- thing but Devilifh Policy, and are altoge- ther inconfiftent with, and repugnant to that Moral and Common Juftice which ought to rule over all Quality, and ail Matters whatfoever. Recommend me to that Minifter of State which ever rejects fuch Arguments j and with Courage and Inte- grity inviolably obferves that brave Mo- ral Maxim, Fiat yujlitia, & mat Ccelun. 71 May we be ever blefled with- fuch a Soveraign, and fuch Minifters of State, and Judges under him. L. Did my Lord Sunderland think it pro- per to take thofe Depofitiom next morn- ing? T. You will foon hear how they were taken ; The next morning Mr. Braddon car- ri'd the young Edwards and his Sifter (who- could teftify the fame with the Mother, then fick in Bed ) to my Lord Sunderland's Office. His Lordfhip being then in Council, Mr. Mountftepbeus gave his Lordfhip notice of Mr. Br addon's coming ; immediately upon which, Mr. Atterbury, the Meflenger, was fent to take Mr. Braddon into Cuftody. L. This I fuppofe was after the Boy and his Sifter had been examined. 7! No, before either of thefe had been feen by my Lord, or examined by any. G. What colour of Commitment was there, when nothing had been fvvorn, or fo much as declared, againft this Gentle- man? L, He was Committed, becaufe the mat- ter, all Circumftances considered, declared, (almoft (x Rii Natura") againft one who (in this refpecY) was troubled with a Nolo me tangere, which this Gentleman would have had fearched and lanc'd, a thing by no means tobeindured. Pray Proceed. 7. Mr. Braddon was called in before the Council, ("before either the Boy or his Sifter} and in fome heat, asked, What made Jrira ftir in that Buficefs ? L. I never before thought the Difcovery of a Murder, had been the Difmtereft of the Crown, in whofe behalf all Criminals are profecuted, T. As T. As there hath been heretofore a great Difference between the Church of Rome and the Court of Rome, fo have we lately feen the day when the Crown and the Crowned Head have been Diametrically oppofite. The Crown [the legal Preroga- tive I mean] could do no Vrong, but the Head that wore it hath done a World of mifchief. The Judges did not obey the Crown [the Rightful Sovereignty] when they illegally deftroyed Charters ; nor were thofe vile Varlets that fuborned Wit- nefles, truly Loyal ; or thofe Mercenary Judges, Council and Jury, who (in con- tradiction to their own Confciences) feem- ed to believe thofe Srate-hired-Hackney- thorough-paced-perjured-Caitifs, who judi- cially murdered Men : 'Twas not the Crown, but he who poflefled it, that di penced with all Law by an unjuft ufurp'd Prerogative, the Peoples Rights being ra- vifked from them, and fold to James the Second by the Corruption of that Bench, who ( as an Honourable Brave Englifh- Liberty-Property-Martyr truly faid) had before been Scandals to the Bar. It was not the Crown, but the Crowned Head, that by an Illegal Arbitrary Power (and not Authority) fent thofe worthy brave true Englifh Spirits, the moft Reverend his Grace, and the Right Reverend the other Six Biihops, to the Tower , for humbly offering their Reafbns for their Non-com- pliance with what in Confequence would have levelled all Fences to Property , Liberty and Life, neither of which (had that power in its largeft Extent been cempli'd with) could we have poflefled but by fuch a pre- carious Right as a Royal Arbitrary Iffe Dixit at all times would have bar'd ; and had not the Crown [the uncorrupt Regal Authority] as truly ftated by thofe Learned Councils in this Eminent Tryal, acquitted thefe ever-to-be remembered Pillars from A pi any Violation /( ^ Reflection upon its Juft Rights, rhe Head that wore it would foon Gradaiim have rob'd thofe Noble Coura- gious Church and State Confeflbrs of their high Characters, Liberties, Priviledges and Immunities, whether Ecclefiaftical or Civi (for I believe an Imprifoned Eifliop undei Conviction and Judgment, and no Bifliop, is no farther difhnt than a King's Prifon and Grave) and therein ingratefully ruined the Chief of that Church, -which (through their too great Charity for his Perfon) had notpnly fecured the Crown to him in Suc- ceffion, (when others whofe Charity blinded not their Judgments, would have prudently foreclofed his Title) but likewife in i68j. fixed and fettled it, when fhreatned with that ffornf which none but fuch (thus un- gratefully requited) could have diverted. In this the common Proverb was verified, Per iet quod fades Ingrato : Or, Save a, &c. L. What other Reafon did Mr. Br addon give for his {Hiring, than his being imployed by the Family ? T. That was one reafon that he proceeded , but it was not the reafon which firfr engaged him ; and therefore in anfwer to this , Mi.~BradJon told that Honourable Board, That he was altogether unrelated to, and unobliged by that Honourable Family, fo that there lay no more perfonal engage- ment in him firft to move, than upon any Man whatfoever, (who might meet with the fame Information.) He declared it was his love to Truth and Juftice, that therein firft moved him ; and as he was a Chriftian, he thought himfelf bound in duty to do what he had done, and (through the Grace of God) his Duty therein, he would do, though Death ftared him in the Face every flep he made. L. May the like Principle ftill continue in him. T. Mr. Br addon then pulled out of his Pocket the Coroner's Inqueft, and the Infor- mation of Paul Borneny and Ruffel (which you have before heard) and told that Ho- nourable Boa rd,That there were fuchlncot- herencies, and indeed Contradictions Sworn before- the Coroner by thefe two, which endeavoured to prove the Self-murder (they being attending on my Lord at his Death) that they feemed in fuch their Contradicti- ons to confirm what the Boys Relation K argued C 661 argued for, and thereupon made his Obfer- vations upon fome of thofe Incoherencies you have before at large heard related. G. What was faid in anfwer to this ? T. As foon as Mr. Braddon had made thefe Obfervations , His Royal Highnefs called for the Informations, which were accordingly delivered him, and Mr.Braddon expefted His Highnefs would have faid fomewhat in anfwer to what was fo ob- ferved. L. Truly I thiuk His Highnefs might be the leaft Stranger to what thefe fnenfhad Sworn ; for from what I have heard, I do believe that the . fame Power and Intereft that hired thofe perfidious Villains to per- mit what was fo barbaroufly executed, had likewife given them Inftructions what to Swear, to give colour to the pretended Self-murder, and therefore His Highnefs might be the beft prepared to anfwer all Obje&ions sgainft thefe mens Depositions. But I Jong to hear how His Highnefs en- deavoured to reconcile them. T. His Highnefs could not then turn Reconciler, and therefore laid nothing to this matter, but delivered them to his then Majefty, who faid as little; whereupon the then Lord Keeper North took thofe Infor- mations , and endeavoured to reconcile w.hat was indeed irreconcileable : Where- upon Mr. Br addon objected againft his Lord- flip's Reconciliation, and urged the former Objections further ; upon which his Lord- fhip feemed (though not much by his words, yet by his very pale changed Countenance) highly- difpleafed with Mr. Br addon for making thofe Reflections. L. What were thefe Depofitions Printed for, but to be obferved ? did his Lordlhip think that every man wouldTwallow fuch grofs Contradictions as his LordQiip's Cor- ruption (againft his Judgment) would have xeconciled ? T. After a long Examination, too tedious here to repeat, Mr. Br addon was ordered to withdraw ; and then the Young William Edwards was called iri, the Child (being then not Thirteen years of Age) was very much afraid (having, as before, been foolifli- ly frighted by his Eldeft Sifter, as though the King would Hang him ) and cry'd ; whereupon (as the Sifter hath reported) the Child was ftroaked upon the Head, and bid not to cry, and then asked, Whether he had not invented" that Lye, to excufe his Truenting that day ? L. A proper Queftion by way of In- ftruftion, for fuch a Child to anfwer. I fuppofe the Boy then anfwered, as by this queftion he was in effeft bid. T. You are in the right, for the Child to this queftion anfwered, Yes : The Sifter was examined, and fhe gave the fame account you have before at large heard, as to what the Boy had declared, and how Mr. Braddon had difcourfed them ; and then Mr. Braddon was the fecond time called in, and by the Lord Keeper North told , that he had inftrufted this Boy in a Lye, and would have fuborned the Child to Swear it. To which Mr. Braddon anfwered, It was impofllble he could inftruft him to fay what the Boy had declared feveral days before he had ever feen the Boy or any of his Relations, as appeared by what his Sifter and the Boy himfelf muft own. L. Had not his Lordflup's Honour and Iirereft fuborned his Confcience in this matter, he would have dealt more fairly. Mr. Bra-dden then told his Lordlhip, That being well fatisfied in his Innocence and Integrity, he feared not any Profecution, but would readily give whatfoever Bail his Lordfliip Ihould require ; and according- ly that Afternoon gave Bonds witk two Friends in 2000 /. a piece for his Appear- ance ; and hereupon continued the Profe- cution with all Vigor imaginable, for he was now obliged in Self-Juftice to endeavor in what he could, to corroborate the Boy's Evidence, which my Lord Keeper North corruptly called a Lye, and to which his Lordlhip (without any gr^J^l) pretended that Mr. Braddon would have fuborned the Boy to Swear ; for at the fame tim it ap- peared to his Lordlhip, as far as Negative could appear , that Mr. Bntdden had not given, given, offered or promifed to the Boy, or any for- him, or to any of his Relations, one Farthing or Farthings-worth, but did as you have before at large heard, ufe fuch Arguments as might moft naturally Influ- ence the Boy to truth : After Mr. Br > addon had been about a month hurried up and down in both Town and Country upon feveral Inquiries, and all People (except Mr Cra?. one Gentleman who was ever ready to go ' with Mr. Braddon upon all occafions) very unwilling in the leaft to concern them- felves. L. It is very natural for men to be deter'd from engaging in that which was fo roughly managed by the Council-Board, and threatned the Ruine of him who firft appeared ; for few men are for living a State-Confeilbr caged up within Iron Grates, or dying their Countries Martyr, but think themfelves obliged to mind only their pri- vate Affairs, leaving all Affairs of State to thofe that have the Command and Steerage of this great VefTel [the Government] left by their Intermeddling in thofe ticklifh matters, themfelves fhould have followed the unjuft misfortune of thofe brave men , who couragioufly, though to their Ruine, oppofed themfelves to the ufurpt Prero- gative and Tyranny of the Times. T. Had all men been like thofe men of Prudence (as they falfly term their Cowar- dices) what would long fince have become of this Veflel, wherein all (with all we have) are imbarqued ? The Commander in Chief, with moft of the Chief Officers, had by a corrupt. perjured Agreement amongft themfelves, refolved upon the Sale of both Men and Cargo to that Corrupt and Arbi- trary Will, which in a fhort time (if not providentially prevented) would have claimed all v)e are and have, as though we had held neither Property , Liberty or Life, but as thofe Corrupt Judges did their places , Durante beneflacito Regis, Bat to return. yxrat the ititb of^ugaft l6B}.Mr.Brad- down into Witt/hire to to enquire after a Report before Death, of my Lord's cutting his Throat: From Marlborough he was riding to Froom in Somerfetjlire, and at Bradford (about fix Miles fhort of Froom) he was ftopt, (there being then ftrift Watching and Warding, throughout that Country) by a Vile Perfe- cuting Fellow, one Captain Beach an At- torney , who was ever Zealous for the Ruine and Deftruftion of thofe that flood firm to the True Englifh Intereft, and yet now pretends to be Zealous for his prefent Majefty and Government , though he de- clared when His Majefty firft Landed, he- did hope to fee moft of thofe Hanged that went in to him) being here Examined, and having given the Juftice Satisfaction (a Gen- tleman then there, knowing Mr. Braddon^ and alluring the Juftice he knew him to be the fame man he declared he was) the Juftice was taken afide by Beach, and (as others declared who had heard this Beach) told, that he did notfo ftriftly as heoughc examine this Gentleman, for the Gentle- man was certainly Difaffefted to the Go- vernment, as might be feen by his wearing a Band and Cuffs. L. A very ftrong Argument upon my word. T.Hereupon the Juftice came to Mr.Brad- don, and told him he muft fearch him, upon which Mr. Braddon (before ever the Juftice faw his Papers) ingenioufly declared the caufe of his being then in the Country , where he was going, and upon what occa- fion ; upon which the Juftice Commits Mr. Braddon to Wiltshire Goal, by fuch an illegal Warrant (in its conclufion) as you never faw. The Warrant ran as fbllo weth, viz. Wilts fT. *T"0 the Keeper of Hx Ma- 1 jefttes Goal of Fiftierton- Anger in this County^ or bis Sufficient Deputy, Tbefe. I find ym herewithall the Body of Lawrence Braddon , appre- hended in the town of Bradford in the County aforefaid, this prefent T^veo and, K 2 twentieth C 6 tweitiftb day of Auguft , f%; upon Sttfpicion of being a dangerous and ill affdied Pcrfon to the Government, and for refitfitig t'> gh'e an account of bis bufi- ncfs in thcfe Parts , and for having Letters of dangerous Confiqu.'nce ab >ut him. 1h Majefty and Privy Council : Hereof you are not to fail at your peril. Given under my Hand and Seal at Bradford this 22th day of Auguft aforefaid) Anno Regni Carol! Secundi Angl. &c. 3 r. AnnoDom. 1683. J^[r.Braddon told the Juftice, the Warrant was illegal ; for fhould the Coaler never hear from the King and Council, he muft be kept a perpetual Prifoner : Warrants of Committment ought to conclude, Till be be discharged by due Cotirfe of Lam. But thejuftice having Mr. Beach and fome Attorneys of his own Judgment, declared he would juftifie the Warrant ; and under this Warrant Mr. Eraddon lay in Wtltjhire Goal about a Fortnight, and was then rer moved by Habeas CorpM upon the Statute to be bailed. All the Judges being out of Town, he was (according to the Statute) carried before my Lord Keeper North then in Council; when Mr. Eraddon was firft brought before his Lordfhip , my Lord Keeper fmil'd, (thinking he had got fuch a hank upon Mr. Braddon and his Friends, as would ruine both) and told Mr. Br addon, notwithftanding Self-refpeft might weigh but little, he thought that he would have fcad fuch juft regard to his Bail, as not to have ruin'd them by thofe things then to be kid to his Charge. To which Mr.Braddon anfwered, That the only thing required of his Bail, was his Appearance the next Term, which he mould (God willing) do, and thereby Indemnifie his Bail. No, replied my Lord Keeper (fmiling) the Good Beha- viour in the mean time was likewife re- quired, and that hath been notorioufly broken by this new Offence. To which it was anfwered, That there was no Good Behaviour at all required; and for the Truth thereof, Mr. Eraddon appealed to the Bonds themfelves, taken (as you have heard) be- fore the Secretary of State ; upon fearch it appeared his Lordfhip was in the wrong, upon which my Lord Keeper North feemed very Angry with Secretary Jenkins, that the Good Behaviour was here omitted ; but the Secretary faid it was the Omiffion of his Clerk,and it was, I believe, the only Omifli- on of that nature that had happened in thofe times ; for the Bonds then taken by the Secretary of State, in their Condition con- cluded, And in ths mean while to be of the Good Behaviour ; but in Mr. Braddons Bond this Claufe was intirely left out. L. Why could they make that a breach of the Good Behaviour, which a man was naturally bound to do for his de- fence ? T. Without doubt the then times would have made Mr. Braddon's going into the Country, &c. to be a Breach of this Claufe, becaufe they did at his Tryal charge him with it as a Crime, and therefore moft cer- tainly would have adjudged it Contra bonos mores , and fb a Forfeiture of the Bonds. Mr. Eraddon defired my Lord Keeper, that fuch Perfons might be fent for out of the Country, as had heard the report of my Lord of Ejfex having cut his Throat, be- fore his Throat was indeed cut. Upon which an * Eminent Lord then faid, This * Many, vf is juft as it was in the Cafe of SiiH-xtothe Edmond-Biery Godfry. My Lord Keeper de- befl of Mr. manded of Mr. Eraddon Bonds WlBraddonV MHOS) in 12000 /. himfdf, and his Bail remem- for In met. (69 for liis Appearance, and other Bonds (him- f elf and Sureties) in the like Sum for his Gcod Behaviour ; faying, He would have as good men Bound, as though he were to lend the Money out of his Pocket. Thefe Demands being fb very unreafonable, Mr. Er.iddon defired his Lordihip, that his Lord- fhip would be pleafed to confider the Sta- tute upon which he came to be Bailed, and that his Lordihip would (according to the Statute) take fuch Bail as the Quality of the Perfon and Nature of the Offence re- quired. Mr. Er addon did farther declare, That he was a Younger Brother, his Fa- ther living, and his Relations and Friends almoft two hundred Miles from London. To which my Lord Keeper anfwered, That as the Statute required, fo he did con- fider his Quality ; for his Crime was fuch, that had he been an Alderman of Lo?iaon, for every 6000 /. he would have demanded 20000 /. fo that his Lordfhip would then have had 80000 /. Bonds in Bail and Surety- fhip, twice as much as ever was given for any Noble-man in England, for any Offence whatfoever. L. What was this Heinous Offence ? Is the bringing Murderers to Juitice, a Reflefti- on on the Government ? Certainly the Go- .vernment's becoming a Skreen to fuch per- fidious Villanies, and thus profecuting and punifhing him that would have detected them, is a Cafe without Prefident, and fo Notorious a Breach of the Rules of all Com- mon Juftice , that I knew not a more Impudent, Bare-fac'd, and Villainous In- ftance. T. Mr. Braddon not being able to comply with thefe high Terms, was remanded by my Lord Keeper to Wiltshire Goal ; but be- fore the next Morning, advifing with fome Lawyers, he was told the Good .Behaviour could not be required, and that Bail to anfwer the Caufe of the themCommitment was all that could be demmdtd : Upon which the next Morning Mr. Eraddon de- jfired his Keeper to carry him to my Lord Keeper's Houfe in Great gueen-Jtreet, for he did hope his Lordfhip would not continue to infill Upon the Good Behaviour, which the Statute required not. Mr. Eraddon was accordingly carried, but the Goaler went firft to his Lordfhip , and informed my Lord Keeper upon what account he had brought Mr. Eraddon once more before his '- Lordihip ; my Lord then faid , he neither had or could demand the Good Behaviour and then fent for Mr. Br addon , and de- clared as before : Whereupon Mr. Braddan (perceiving his Lordihip in a better Humour than the Night before) defired his Lordfhip to accept of fuch Bail as he could give; which, with what he was before under, (by Bonds before the Secretary of State, for the fame Offence in Effeft) would amount to joooo/. my Lord Keeper declared, he could not at his Houfe alter what was agreed upon at the Council ; but the Goaler fhould bring him down to the Council that Afternoon , and if it could be done , he fhould be then Bailed. About Eight of the Clock that night, Mr. Eraddon did accor- dingly go before the Council, where his Lordfhip was fo far from Bailing him upon ' the Terms by him offered, That his Lordfhip renewed Ins Demand of his farmer Bonds in 12000 1. for the Appearance, and 12000 1. more for the Good Behaviaiir, notwithjlanding that very Horning he had exprefly declared,That he neither had or could demand Sureties for his Good Behaijiour. L. My Lord's memory was very fhort, his Judgment foon changed, or his Con- fcience very Corrupt, to demand (againft his own opinion which he declared that morning) what by Law could not be re- quired. T. My Lord Keeper told Mr. Braddon, he had a mind to be made Infamoufly Famous, and thereupon Sarcaftically repeated out of Juve nal: dude aliq Si vis ejfe carceredignum^ L. I do very well remember his Lordfhip was madgQa Lord, about that time King Charles tnebecond uTuedout a Proclamation againft (70) againft Petitioning, to which it was then faid, my Lord Keeper Xorth advifed, and for that and other fuch good Services to the Publick, he was made a Lord : Where- upon that Saying of Juvenal, Carr in his Currant apply'd to his Lordlhip, and in his Tranflation render'd it thus ; Dare once but be a Rogue vfsn Record, And you may quickly hepe to be a Lord. Probatum eft. But Blefled be God for this happy Change, which will (I hope) beftow nothing but grinning Honour on fuch vile perjured Services (in afting contrary to their Oaths) tsJefer&s'XlA North were advanced by. T. Mr. Br addon having thus fiiffered in the defeft of this Aft, I cannot but here take notice of one great Omiffion in this Statute. This Aft inflifts a Penalty of loo /. upon the Coaler that denies the Prifoner, or any on his behajf, a Copy of his Warrant, and 500 /. Penalty on every Judge that refufes to grant an Habeas Corpus upon the Statute, for the removal of fuch Prifoner; but inflifts no certain Penalty upon the refufal to Bail the Prifoner, as lhall upon this Aft be brought before them, fb that if the Judge either demand Ten times more than the Quality of the Pri- fbner , or the Nature of the Offence re- quires, or refufeth to take any Bail what- foever, there can no Aftion of 500 /. for this refufal be brought, for no Penalty jn this Cafe is Enafted. It's veryfrrange that the Statute ihould lay fo great Penalties upon the denial of the Means of Bail , (viz.) the Copy of the Warrant and Habeas Corfu) and yet notEnaft an exprefs Penalty for refufal of the End, (viz.) Bailing the Prifoner ; for what fignifies either a Copy of the Commitment, or an Habeas Corpus thereupon, if Bail be not procured ? This is putting the Prifoner to a very Fruitlefs Expence. L. Seeing the Statute requires the Judge fliall Bail the Prifoner, taking fe Recog- nizance with one or moreSureties ; according to the' Quality of the Perfon , and Na- ture of the Offence, a fpecial Aftion of the Cafe lyes againft fuch Judge up- on his refufal, wherein it is to be fup- pofed, not lefs than 5 oo /. Damages will be given. * T. Upon refufaljif there be little Damages fuftained (as it may happen, for though one Judge refufe, another may grant the Pri- foner his Liberty upon Bail) and confe- quently fo proved, the Jury (being Sworn to go according to Evidence, as well iii the Damages , as in the matter direftly in Idue ; ) muft go according to Proof, unlefs they think the Extravagant Verdifts of the late Times (which found looThou- fand Pounds where not one Farthing was proved) will excufe them, in giving Fifty times more than was Sworn to be fuftained. Few words more in the Statute, would, I humbly conceive , have fufficiently pro- vided in this cafe ; for in the Statute, where it is faid, That if the Judges fliall deny any Writ of Habeas Corfuf , by this Aft re- quired to be granted, being moved for as aforefaid ( it had been added ; (O Jhaff refufe fuch Bail as the Duality of the Pri- Jonsr , and Nature of the Offence required) they Jha/l feveralfy Forfeit to the Prifoner cr Party grieved', the Sntn of joo 1. to be recovered in manner afortfaid. Thefe few words would have given the 500 /. for refufal of Bail, as well as denying the Habeas Corpus ; whereas without the like Claufe, the Statute may (inEffeft) be dayly evaded. But to return, Mr. Braddon was hereupon turned over .to Jtterbury the Meflenger, where, for about five Weeks, he lay at no lefs Charge than Four Pounds and odd Money per Week direftly, befides other collateral Expences; this being too great for his Fortune to comply with, he (after feme oppofition) removed himfelf to the Kings-Bench f having before by a Friend agreed with Marfhal Clever upon 2000 /. Security, and $ s. 3 d. per Week Chamber- ftent, to have the Liberty of the Rules ; but when he came over, the Marfhal inkfted upon two men in 10000 /. a piece, and 10 f. (71 ) i o f. 5 "d. per Week Cffamber-fenrfand then that His then Majefty ordered his Difcharge Mr. Bradikn was to have Liberty of the Rules; but when Mr. Braddon had com- plied with thefe high Terms (fo much a- bove the firft Agreement) the Marfhal or- dered him to be kept a clofe Prifbner under this Security at no lefs than 2 /. 5- s. 3 d. per Week Charge , and refufed (whilft Mr. Br addon was thus clofe Imprifoned ) to de- liver up the Security-Bonds for this clofe Confinement ; the Marfhal pretended the Order of the then Lord Chief Juftice Jef- feries. L. From the Crown of the Head, to the Sole of the Foot , our Government hath been corrupted. T. After Mr. Br 'addon had lain fome time under thefe hard Terms, he was Bail'd out by the Kings Bench , and then renewed his Profecution with all poflible Induftry and Diligence; but about the i2th of Novem- ber, 1683. he was taken up in London, by a very ftrange Warrant granted againft him, by the then Court of Aldermen, or Sir Hen- ry Tulje , the then Lord Mayor ; the War- ' rant was againft Mr. Braddon , as a Per- , fonfujpefted to be difaff'efted to the Govern- ment. L. Sujpefledto be difaffefted! Sure thofe who granted the Warrant, were very difaffe- fted to the Laws , or otherwife they would never have iflued out fo ftrange and illegal a Warrant. T. Upon this Warrant Mr. Braddon was carried before Sir James Edwards , and after that, the then Lord Major, and laft of all , before the King and Council , where he was falfely and malicioufly charged with being the Author of the Protejiant Flail; many hundreds whereof (it was then fug- gefted) he had befpoke about the time of Colkdgis (pretended) Plot, as a fit Inftru- ment to Maflacre the King's Friends ; King Charles then fhaking one in. his hand, decla- red it was a much more dangerous Wea- pon than the Popifh Dagger; but after Mv. Braddon had anfwered to every part of his Charge, there appeared fo much Ma- lice, Folly, and Falfhood in the Accufation, without Bail. L. This was a very malicious Profecuti- on in hopes to Ruin him ; not fo much for this, as for what he had done in the Cafe he- was before ingaged in. T. I believe you are in the right. About this time Mr. Braddon was informed , that his Royal Highnefs (difcourfing at a Hunt- ing, concerning the late Earl of Effex) had declared he would ruin him, if all the Law or Intereft in England would Ruin him, for rifling into the Bufinefs (or- words to that effect ) ; and thereupon Mr. Braddon was pcrfwaded to defift ; but it was anfwered , That the Ruin he did expect , he did not fear , neither would by thofe Threats be deter'dfrom the Profe- cution. L. Had his Royal Highnefs been indeed Innocent of this Murder, there had been few things more ferviceable to His Highnefs than a full and clear difcovery of the Truth in this matter ; for had the Earl been a Self-murderer by a thorough Examination,, and ftrict Scrutiny,, the Truth would have plainly appeared, and all Objections would have been anfwered and vanifhed , fo that there would not have remain'd the leaft Colour for a Reflexion on His Highnefs ; or had the Earl of Effex been Murdered by fuch as did it without His Highnefs Con- fent or Privity , upon a diligent and judi- cious Examination and Profecution, thefe vile Varlets that perpetrated this hellifh Fact, being detected and punifhed accord- ing to their Demerit ( as it had been both His Majefty's and Royal Highnefs's Inter- eft , as well as Duty they fhould ) His Highnefs , and all that were Innocoent would hereby have been effectually vindica- ted from all Colour of Guilt ; for the Con- viction and Punifhment of the Guilty, are Vindications of the Innocent. Whereas the Caufe was fo managed , as gave all the World juft reafon to fufpect the very truth of the Matter was of fo deep a Dye, that it could not endure the Touch-ftone of a ftrict and diligent Inquifaion, left it fhould then (7* ) then appear (as without doubt it v.-ould) in its true Sanguine Colours ; wJ refore this Caufe ftill fhun'd the Light, becaufe its Deeds were Evil. Scd verita* vcn quarit ^ngilos : Truth feeks no Corners. T. To be ihort, For it would be very te- dious to tell all this Gentleman hath done and fufrered upon this Account. In Hillary Term, Mr. Br widen and Hugh Speake , E% were try'd upon an Information exhibited againft them by the then Attorney General; The chief thing laid to thefe Gentlemens Charge, was a Confpiracy to procure falfe Witnefles to prove the late Earl of Efflx Murdered by Perfons unknown, contrary to the Coroners Inqueft, <&c. Mr. Speake was ^= Acquitted of the Confpiracy, andMr.B>W- don only found Guilty. L. Who can Cmjfire alone ? A fble Confpirator is a Contradiction. T. Such a Contradiction the Jury made, and my Lord Chief Juftice Jefferies approved of the fame. When Mr. Braddon appeared 5. in Court to be Tried , he that was not the leaft concern' d in the Profecntion , told him before the Information was read, That he would do his Bufmefs for him : Upon whicli, Mr. Braddon defired this Gentleman to have Patience to tarry till the Jury had done it to his hands;to which it was replied, I do not doubt that. The Oppreflion of the then times, was ftill fure ef both Judg and Jury. This Tryal was carried on with all the Fury and Malice imaginable , and this pretended Crime made worfe than a com- mon Theft or Robbery, for that tended to a private Mifchief, but this to a general Con- fiifion, &c. When my Lord Chief Juftice Jefferies at this Tryal, was thus reprefenting Mr. Br ad- don's Crime , as one of the higheft that could be committed , expofing it as much worfe than Burglary, Robbery, or the like, in the midft of his Lordfhip's Railing , Mr. Braddtn fmil'd ; and it was (as I after heard him often declare) upon this Story coming into his mind : A Neighbour of his an illiterate plain Country-Farmer, had a Wife of as violent a Spirit as liv'd, and one day She cUmef into the Room where her Husband was (with feveral Neighbours); as fbon as She came , tho there was not, or it feems had been the leaft Colour for a Provocation , for he ftill carried himfelf well towards her ; Ihe flies into the greateft Rage imaginable, calling him all the Names that Malice could invent, or Rage could ut- ter ; and had Ihe not been prevented, might have done him fome mifchief.The Husband in the midft of this great Storm,well knowing all to be falfe , which the Fury of his Wife charged him with, flood as a Man altoge- ther unconcern'd under this Provocation, but rather appeared very pleafant. One of his Friends asks him , how it was poflible for him with that Temper , to receive the fcurrilous and unjuft Railing of that furi- ous Woman? to which the Husband fini- ling, calmly replied, That his Wife talked of a Man he did not know, for he was al- together unrelated to, and unacquainted with that Perfon fhe fo railed againft, and therefore what reafon had he to be con- cern'd when he was -not the Perfon fhe fpoke of? Mr. Braddon asked his own Con- fcience (an infallible Evidence according to truth, to condemn or acquit) whether he was this villanous Criminal his-Lordfhip was fo furioufly Railing againft ; and he found that Judg (by which at the laft day he fhall be tryed) did acquit him from that Crime which his Lordfhip's Corruption (againft his belief) unjuftly charged him with; and therefore he ftood very much unconcern'd at all that his Lordfhip's cor- rupt Violence, falfely and mal'icioufly , without the leaft appearance of a Crime, applied to him ; who tho the Perfon highly accufed, was altogether Innocent either of the Offence, or thofe far-fetched, ftrained, and groundlefs Aggravations. L. If Mr. Braddon was well fatisfied in his Innocence , he had good reafon not to be difcouraged : For, tho the wicked flee when *o man purfues, yet the righteous are as hold as * Lyon. G. No Terrors ought to affright or dif- cournge the Innocent. Integer Integer vita fceleriffjite parus. Non sget, &t. Hor. Od. 22. Lib. I. C73 L. We have a much better Author, who {peaks much to the fame effeft, and aflures us, That to the opprefled, God is a, refuge and ftrength : a very prefent help in trouble. Therefore need they not fear , tko the eatth be moved, and the mountains be carried into the midft of the fea. Tho the waters thereof roar, and be troubled , tho the mountains with the falling thereof, 3cc. Pfalm 46. 2, &C. G. Nothing gives a man that Satisfaction of mind under an unjuft Accufation, as his Innocence ; and I am verily perf waded that an innocent Man hath greater quiet, even under an unjuft Condemnation, than the Guilty can have , tho here acquitted ; for tho the Corruption of a Judge or Jury may protect the greateft Criminal from that legal, humane Punifhment, which the Law would inflict ; yet the Guilt of his own Confciene ftill haunts him like (or rather much worfe than) aGhoft: and therefore is he like the troubled Sea, when it cannot reft, whofe waters caft up wire and dirt', for there is no peace to the wicked, faith my God, Ifa. 5 7. 20, 21. 7! No Man ought to Condemn or Ac- quit himfelf by the Opinion of others; for. Men may be led by Mifinformation or Prejudice ; but his own Confcience, when faithfully obferved, will do him the greateft Juftice; and when he ftands acquitted in his own mind , he ought not much to va- lue the Vogue of the People. For accord- ding to the Poer.,Confc!a mens rettifamx men- dacia ridet. G. What this Author faith in the next Verfe, may be too truly applied to this corrupt Age, who are fo very apt upon the fleighteft ( and fometimes without any ) Grounds, to take up a reproach againfl their Neighbour. Sed nos in vitium credult turba.fumus, But to proceed , T. The Lord Chief Juftice, and th; Kings Council , often in effeft declared (if my Lord was Murdered by others) the King and Duke had an hand in it. Some of thefe Gentlemen muft fhortly deny their own Conclufions from the fame Premifles , or elfe maintain (from the Earl's being proved Murdered ) that the Duke had a hand in it. The Jury in this Cafe were twice well trea- ted with a plentiful Entertainment ; and that which to fome of them was much more grateful, (viz.) three Guineas a Man, fb that Guilty came to a better Market, than Not Guilty would have done by two Guineas a Man. L Did the King always pay the Jury, when they found for him ? T. No ; but upon fuch Services they did not go unrewarded. L. Some of thefe Mercenary Men, which were corrupted to go contrary to Evidence, will certainly meet with a reward hereafter, which will teach them by woful Experience, what it was thus to put to Sale firft their own Confciences; and then ii the Corruption of that, to fell the Proper- ty, Liberty , and Life of their Fellow S'ub- jefts ; chiefly to gratify that Blood-thirfty- party, which fo eagerly purfued the De- finition of all that ftood in their way to thofe vile Defigns then carrying on ,* for the Ruin of both Church and State. I am apt to believe fo Charitably of fbme of thefe Jury-men,(tho too Active in fuch Ser- vices ) that they did not forefee the Ten- dency of thefe things , but were blindly and not malicioufly hurried on (the Knaves leading the Fools ; to thofe things which fome have long flnce repented. But pray, what was this Jury ? T, As for the Foreman, Sir Hugh Middle- ton, Baronet, (as I have been credibly in- formed) he declared himfelf a Papift fbon after King James came to the Crown, and then faid he had been a Raman Catholick in his heart for many years. L. Mr. Er addon had like to have Juftice done him by fuch vile Hypocrites , who continue (in appearance) of a Church, that L they they may have the better opportunity to ferve their Party. Were any other of the Jury of the fame Charaftei ? . T. I do not hear that any befides this Gentleman turned Papift ; and I do hope fome of thefe have feen their Error in this unjuft Verdict, found without the leaft Co- lour of Evidence ; for all the Witneffes did acquit Mr. Braddon from giving , offering, or promifing one Farthing to them, to give their Teftimony in the Cafe. Upon this un- juft Conviftion , Mr. Braddon was fin'd 2ooo/. and Mr. Spcctke icoo /. and the good Behaviour required during Life. Under this corrupt Oppreffive Judgment , Mr. Braddon lay till the Prince's coming, who remov'dfuch Oppreffions, and as the late Alotto hath it, Veniendo rcftitnit rem. For as the Government was reftored by his hap- py Arrival , and as fudden as juft Succefs ; fo was this Gentleman's Liberty procured, who had no hopes of being ever forgiven ; for I have heard him fay , That about Au- guft 87. Graham and Burton came over to the Kings Bench, in order to the Difcharge of feveral of the Kings Prifoners. A Lift whereof, with the Caufes of their Impri- fonment was produced to Mr. Braddon, who finding only his own Name crofs'd, and that^twice crofs'd; he did ask Mr. Burton how his Name became the only Name fb mark'd. To which it was anfwered, That r* His Majefty had ordered a Lift of his Pri- foners ( in the Kings Bench under Fines ) to be brought him, and that very Lift was ac- cordingly taken and carried to His Majefty then in the Camp ; but his Majefty imme- diately upon fight of his Name, called for a Pen and Ink , and with his own Hand fb eroded it. L. By this it was plain , this Gentle- man was the moft obnoxious to His Ma- jefty, and had no Reafon to expect any Fa- vour. G. It had been for the King's Intereft to have pardoned all His Prifoners, and not ruined fo many in burying them alive , which caufed no fmall Reflection on His Clemency. L. The Kings profecuting (with an irre- concilable Hatred) this Gentleman, made the World juftly conclude, that this Gentle- man fuffered his Jmprifonment not for his own Guilt , but for the Guilt of others , who would therefore never be reconciled ; for had not others been Guilty of this Blood, Mr. B. would never have been thus injuriouily dealt with , nor his Offence (if it may be fo called) kept in fuch an hateful Remembrance. T. A Gentleman of good Intereft in the late times, told Mr. Braddon, he muft never expect, to be forgiven, becaufe he had caft Blood in the King's Face, which none elfe had done. L. His Late Majefties thus marking this Gentleman out, as an irreconcilable Object of his Dipleafure, was more ufed as an Ar- gument of His Majefties Guilt in that mat- ter , than any thing I could ever find in Mr. Braddon's Tryal ; for tho what is there proved, fatisfiedme, my Lord was Murder- ed ; yet nothing Sworn, appeared directly againft His Highnefs. But the Government becoming (as it were) Parties to this Charge, by their appearing in fuch an extravagant Method of (pretended) Juftice againft the Profecutor of this Murder, as tho my Lord could not be Murdered , but the Govern- ment muft have an hand in it : This made Men of Confederation conclude, that had not Perfons of the greateft Character been chief in this execrable Contrivance, the Go- vernment had never thus extravagantly been hook'd in as Partings Griminit, (in cafe my Lord were by others Murdered) to pu- nifh him who would have legally Indited fuch as the Government ought with an In- dignation (due to the moft barbarous com- plicated Murder) to have profecuted even unto Death. T. If a Government (hall anfwer for the Blood of the Party Slain, when no Inqui- fition is made by the proper Magiftrates in order to a Deteftion : How much more fhall that Government appear Criminal , that inftead of making Inquifition for Blood, became Advocates and Defenders of the Blood- Blood-Guilty, and in a violent unprefident- ed Method of (falfy call'd ) Juftice, ruin him, who did humbly offer the Matter to a judicial Consideration ? G. The Government had made Inquiry by the Coroners Inqueft ; and therefore , how could the Government be blamed for any neglect ? T. Thofe concerned in this barbarous Fact, intended to ufe (and indeed did) the Coroner's Inqueft (which the Law defigned as the means of difcovery of a violent Death) as the means ro prevent the Detecti- on of this Villany ; for having prepared a couple of Treacherous and Perjured Varlets (Bomeny and Ruffe I I mean) to mifinform the Jury, as to the (pretended) manner of Death, inftead of difcovering the Truth, (which would have render'd themfelves obnoxious to Punifhment) they villainoufly contrived a Story, or rather repeated their Inftructions , (for without doubt the Infor- mation to be given the Jury, was likewife agreed upon before my Lord's Death ; fo that thefe Forfworn Caitifs might not be to feek in their Information when they came to Swear, which would have foon difcovered this bloody Treachery) I fay, repeated their Leflbn, and with this For- gery mifled the Jury, who were too eafily impos'dupon. Now, thouflk the Govern- ment is not fo much to be blamed in this Coroner's Inqueft, ( which Inqueft by the way, in all refpects can never be juftified) yet as to the Governments Handing by this Inquifition, as what was to remain (like the Laws of the Medes and Perjlans) without alteration : This is what all the World juftly condemns it for. You can't but be fo much a Lawyer and Hiftorian, as to know that the Coroner's Inqueft is not conclufive and final, but may be contradicted, andal- moft dayly is ; fometimes the Coroner's In- queft finds Men to have died of a natural Diftemper, which after' appear to have been barbarouily Murdered. To give you one Inftance for many , Sir Thomas O-verbury (whofe Cafe, in fame refpects, runs pa- rallel with this) was by the Coroner found y ) to have died a natural Death ; bur as fbon as that Faction, which had treacheroully Murdered him, declined in their Intereft, it appeared this unfortunate Gentleman was treacheroufly Murdered by others. When this Murder of Sir Thomas Overbery was firft, detected, King James the Firft was far from thinking the Profecution of that Murder a Reflection on the Government, though there was the fame reafon in Law for that, as this, feeing in that the Gentleman died in the Cuftody of the Law, and the Coroner found the Perfon to have died of a natural Death, and in this a Felo defe. Now feeing the Contradiction of the Coroner's Inqueft, was the Foundation of Mr. Braddons Infor- mation, there was the very fame ground for the like Profecution of thofe that did detect Sir Thomas Overburfs Murder ; but inftead of profecuting the Profecutor, King James the Firft, at Royflon laid the higheft Injunction imaginable on all the Judge?, diligently and impartially to profecute this Murder; for in the midft of his Judges (his Lords and Gentlemen then likewife furrounding him) he ufed thefe words, My Lords the Judges, It's lately come to my hearing, that you have now in Examination A bujinefi of Poyfoning. Lord \ in what a mojl miserable condition JlaS this Kingdom be (the only Famtfff Nation for Ho'pitality in the World) if our Tables jhould become a Snare, as none could eat without danger of Life, and that Italian Cuftom jbould be introduced, amongjl iu\ Therefore, my Lords, I charge you, as you will anfrver it at that great and dread- ful day of Judgment , that you examine it jlrittly, without Favour, Affection or Partia- lity ; and if you JbaS ff>are any Guilty of this Crime, God's Curfe light on you and your Pojle- rity ; and if IJpare any that are found Guilty, God's Curje light tn me and my Pofterity for ever. Such was His then Majefties great Zeal for the Detection and Punifliment, and his juft Abhorrence of this treacherous Murder , which he then expreHed upon the firft difcovery of that barbarous perfidiouf- nefs. But this Cafe is under much higher Aggravations; for L 2 That ( 7< T h;\t Gentleman was only charged (and that in truth) with a refufal of the King's Command, in not going on that Honoura- ble Embafly, which would have been both for his Honour'and Safety ; fo that his was a Sin only of Omiffion. But this Noble Lord wasmalicioufly and falfly accufed of the Blackeft Treafon, viz. Con(piri?ig the Death of the King, &c. That Gentleman's Reputation was not murdered with an Imputation of Self-mur- der: But This Honourable Peer was murdered both in Perfon and Reputation, and by the Perjury of the moft perfidious Varlets, cor- rupting the Law, they villainoufly trans- ferred the Guilt from thofe really Criminal, and placed it on him whom they had be- fore (by their privity and confent) trea- cheroufly and barbaroufly Murdered. That Gentleman's Murder center'd in himfelf. But the Murder of this Honoura- ble Perfon was immediately appli'd to the Murdering of another Honourable Lord, whom they were then (by their Inftruments not fo much corrupted with Malice as blind Obedience) villainoufly haranguing out of his Life, under form of Law and colour of Juftice ; and many more fince murder- ed to avoid a Detection of this their firft inoft cruel and barbarous Treachery. Juftice zealoufly efpoufed the Profecution of that worthy Gentleman's Murder ; but Juftice here became Corrupted and Retrograde ; for inftead of encouraging, and Prolecuting the Murderers, it difcouraged, profecuted and ruined the Profecutor. That Food which flxmld have fuftained the Natural Man, was tainted with a natural, poyfonous Compo- fition, and became (or at leaft was there defigned, for he was ftifled between the Pillows, and died not of the Poifpn) the means of that worthy Knight's Deftruftion: But Juftice (which fupports the Mora4 Man) was here twice vitiated ; firft by Perjury and Treachery in thofe vile perfidious Caitifs before the Coroner ; and the fecond time by Perjury (in the -fame cruel Mif- creants in the Kings-Bench Court) at Mr. Br addons Tryal ; and the then bare-faced Wrefting of Juftice thorough the irrecon- cileable Malice of the Chief Author of this Murder, and the groundlefs and illegal Pro- fecution , Conviction and Punifhment of him, who did endeavour by proper legal Methods, to detetl: this hellifh complicated Villany. I fhall follow this Comparifon no farther, but appeal to all the World , whether the latter of thefe two Murders, is not aggravated with far higher Circutn- ftances than the former. And as Juftice, after fome time, overtook thofe that perpetrated that treacherous Cruelty, fo I doubt not but God in Juftice will fhortly bring to con- dign Puniftiment, fome, though not all of thofe concerned in this not to be parallel'd piece of barbarous Cruelty. L. The hard meafure Mr. Braddon met with , was more to deterr him and others from this Profecution, than to pu- nifh him for what he had done. T. That I believe ; and my Lord Keeper North', who wanted not Words and plaufi- ble Infinuations, upon all occafions, repre- fented to Mr. Braddon, the great Danger fuch Praftices would bring upon him : To which it was anfwered by that Gentleman, That he hoped he had done nothing therein, hut what he could anfaer to God and his own Con- fcience; and fr the Danger, he did not fear, for he did hofe that neither Danger nor Death jhould deter him in the way of his Duty, in which he ceuld as chearfully depart this Life at Tyburn in a Halter, M in his Bed of a Fever. L. I believe Mr. Br addon did not expeft to be very kindly received by the then Court. T. He had no reafon to believe he fliould by them be made very welcome, and he was fo told by many of his Friends, which therefore diiTwaded him from proceeding. But to fuch he did generally give fuch an- fwers, viz,. That he could ?it but expeff what they did feem to fear would befall him, never- thelefs it jbould not deter him ; for Jhsuldnom in this cafe move, the fame Bloody Principles that took off' that unfortunate Lord, might Poifon (77) Poifon afecond, Stab a third, and Strangle a fourth, &C. of theft they then had or jbould take into Ctiflody, pretending (as they fal/Jy did in this Cafe] that thefe unfortunate Gentlemen thus barbarou/ly Murdered, had done it to pre- vent the common Methods of Jufiice , which their Guilt threatned them with ; fo that HO Man could.tell in how many Mens Dtftruffitn fuch their treacheroiu and bloody Practices would determine; but if once they found that thefe their dark Defigns were fiifpecfed, and fame of them like to be detected, they might then conclude thife clandeftine, perfidiow, complica- ted Murders (in Perfon and Reputation) would do them great prejudice (by raijtng up in all Mankind ageneral Averfion again/I thofe blood- thirfty Men) and therefore they might defifl from fuch barbarow unheard of Meafures. And feeing by fuch Service as this, the Publick would receive far greater Advantage than could be expected by this Gentleman's Li- berty; he was refolved to Sacrifice that, or whatever elfe he had, for the good of his Generation, to whofe Intereft he thought any Individual was obliged to offer up his private Advantage or Safety. Neither did he believe this to be any other than what he was taught implichely,by that Do&rine which obliged him to love an individual Neighbour as himfelf; and therein taught, that much more than Self-love ought that Love to be, which he did owe to fb many Millions of fuch Individuals. I have often heard this Gentleman (when he flrft en- gaged) fay, That he looked upon the World as an Army, where the bad were ftill endeavouring the Deftru&ion of their contrary. Now if a General of an Army command a Party of Men to a Poft, by the maintaining whereof a certain time , this Party perceive they fhall (in all Hu- mane Probability) give Succefs to their Army ; but after their . thus maintaining their Poft, they fhall (in as great probabi- lity) .fall Sacrifices to the Fury of their Enemies, neither of this Party (though thus afliired they fhall every Man fill) ought to defert his Poft, becaufe every Individual Soldier, or any particular Party, is obliged to prefer and defire the Succefs of their whole Army, before their private Prefir- vation and Safety. If therefore that Provi- dence, which is -the General of all Mankind, fhould call a Perfon to that Service wherein he might prove extreamly ufeful to his Ge- ncration,fuch Service he ought not to defert, though thereby (through the opprefHon of theTimes)he was morally allured he fhould, in his private Intereft and Safety, fall a Sacrifice to the Oppreflbr; becaufe Self- intereft is not to be preferred before the Good of fb many Thousands. L May all Their Majefties Soldi. TS be ever influenced by fuch Confiderations, and their Enemies poilefled with, and practice the quire contrary Principles. T. Another Argument of the backward- nsfs (in this cafe) of the then Government, (and of Bomeny's Guilt in this Murder) is an account which follows, viz. About fix Weeks after my Lord's Death, there was a Letter (unfealed) left with one Mr. Cadman, then living in Durham-Exchange ; the Letter was directed to the Right Ho- nourable the Countefs Dowager of ^#;the Subftance of this Letter was, That if her Honour could prevail with the King for the Authors Pardon, he would ingeniously make a full Difcovery, how, by whom, and whofe order my Lord was Murdered ; and this Letter did affure her Honour , that the Duke of York and ' were authorizing this Murder. This Letter fubfcribed P. S. L. Who do you believe to be the Author of this Letter ? T. By the Hand that writ it, and the Letters fubfcribed, it was Paul Bomeny be- fore mentioned (who did once Blafphe- moufly fay, That he could as well tell horn my Lord came by his Death, as God Almighty himfelf) for the Letter was very fairly writ, in a Hand between a Romijn and an Italian, and fuch an Hand Bomeny, when lie would write fair, did write ; befldes, the Letters fubfcribed, are the Letters of his Name. G.- Can it be fuppofed,that Bomeny would write either in his own Hand, or fubfcribe his own Name, when, the Letter, had ic been. been brought in Accufation againft him, would have cofthim his Life, feeing herein he confeiTed himfelf Guilty of the Faft. T. .1 think Eomeny by this Letter, could it have been proved to be his own Writing, v. r as in no danger at all of being punifhed ; for had they hereupon feized Bomcnj, they would have catched a Tartar ; fhould they have proceeded againfr him for this Mur- der, upon this Confefu*on,the World would have believed the whole Contents of this Letter to be true, and confequently that the Duke of Terk arid authorized (or rather) commanded this molt treacherous Murder. And then pray confider what that Government would have got by fuch a Profecution , Conviction and Punifh- ment ? G. What was done with this Letter ? T. This Letter was left with Cetdman when he was at his Shop within-fide of the Counter , and very fleepy ; and when he waked, finding this Letter unfealed, he opened it, and perceiving the Contents to ~be of that Confequence, he carried the Letter to a JufHce of Peace, who did pro- mi fe to carry this Letter to the Secretary of State ; but this Bookfeller was never fent for, and examined whom he did fuppofe to be the Author of this Letter. L. By the backwardnefs of the then Go- vernment, in not examining into this Mat- ter, it's plain they were too well fatisfied in the truth of the Contents, which was of fuch a Nature, as it cotild not bear an In- quifition, which would have centered in his Ruine,who was then by Blood and Cruelty, and other illegal Methods, endeavouring the Subverfion of our Laws, Liberties and Religion : And this by the removal cf fome of the Chief of thofe Noble Lords and Gen- tlemen, who had ever oppofed their Arbi- trary and Popifh Defigns ; amongft which this Noble Lord, and my Lord RuJ/'el, they did erteem two 'of the Chief. T. Had they been willing this Murder fhould have been detected and punifhed , with what Diligence would they have fearched out the Author, who defired no other reward, than the Security of his Life; and in order to his Indemnity (if they could not have otherwife found him out) a Pardon would immediately by Proclama- tion have been iflued forth, by which the Au- thor would have been aflured of his Life ; and then, without doubt, according to his promife, would have laid open this bloody Deed of Darknefs. Hath this Age ever known, or feen Recorded, any Murder (admit this one) committed within this Kingdom, that hath been (in all Circum- ftances confidered) of greater Confequence than this ? We have feen a re ward of zoo /. (as well as a Pardon) by Proclamation offered for the Difcovery of thofe bloody Ruffians, who barbaroufly Wounded, but defigned to have Murdered, that Worthy Gentleman Mr. Arnold; and was there not 5" oo /. and a Pardon, by Proclamation, promifed to him or them that fhould deteft the Murder of Sir Edmund-bury Godfrey ? Such means as thefe would have been likewife in this cafe ufed, if fuch who then mifled Charles the Second, and corrupted the State, had not been the deepeft in this black Con- trivance. G. This Letter, I perceive, mentions fome other befides His Highnefs ; Pray, who was elfe named? T. In this I deflre your Pardon ; but of the Name and Perfon you may hereafter hear. G. Sir, I deflre to know nothing but what you are very free to tell. T. Some things are not convenient to be fpoken of, till a more convenient Seafon. G. I fhall prefs to know nothing which may diflerve this Difcovery by being di- vulged. What Religion was this Bomeny ? I have been informed he was a very good Proteftant, and one that my Lord had a great kindnefs for. It's much this Fellow ( if a Proteftant ) could be prevailed with to connive at fo Horrid a piece of Cru- elty. T. Bomenfs Religion was (like many other Mens) to be managed and changed in (hew, according to his Intereft, but cordially C79) cordially I do believe him ftill a Papift. Whatfoever opinion my Lord might have of this Fellow, as to his Faithfulnefs, I am very well fatisfied this Villain was engaged (before my Lord was brought from his Country-houfe) in this treacherous Murder ; for as my Lord was in the Cuftody of the Guard , and bringing through Watford, when all my Lord's other Servants, and even the whole Town were in Tears for his Lord- fhip's Trouble, this Judas rid fmiling, and talking of French with fome of the Guards. L. In hopes, that within fome ihort time he fhould receive more for his Perfidiouf- nefs, than his Service might expect in many years : But thefe Gains were his greateft Lofs ; for what more ready way (could he have taken) to Deftruction (here I don't fay, againft that he was fecure enough, but) hereafter? and what would it profit this Var- let, to gain the World, and lofe his own Soul? T. As for his Religion, you may conclude it belonged to that Church , whofe Gar- ments are dipped in the Blood of the Saints ; and that this Fellows Religion was really fuch (tho in appearance he feemed other- wife) ; may reafonably be concluded from this Story , of which I have been credibly Informed. The Proteftant Minifter where Bomeny lived in France , after my Lord's Death , preft Bomeny very earneftly to deal ingenioufly in this Cafe ; for the Minifter declared, he was very well fatisfied my Lord of Effex was Murdered, and he was well a fured that Bomeny muft know it ; therefore the Minifter protefted he was not free that Bomeny fhould come to Church, much lefs, be admitted to the Blefled Sacrament , till in this matter he had difcharged himfelf. Bomeny finding himfelf thus prefled by his Minifter , thought it beft openly to profefs what he was , and^|very next day decla- red himfelf a PapuT. L. That Prieft to whom he fhould con- fefs this Murder, would be fo far from en- joyning him a Penance, that he would com- mend this action, as Meritorious. T. It was indeed for the Advancement of that Church , (fo often drunk with the Blood of the Martyrs , and ) the Stones of which Church are Cemented with the Blood of the Saints. G. Then this traiterous Varlet , who be- trayed the beft of Mafters , was only in fhew a Pioteftant , that thereby he might have the better opportunity of ferving a Church, which did ever by bloody means advance its Intereft. L. It's very probable, this vile perfidious Fellow was a conftant Spy upon my Lord ; but when that Service was to have an end by the Def traction of his Perfon, then was this barbarous Villain to finifh his treachery in being Privy to the moft aftonifhin'g Piece of^ complicated Cruelty; and after that, to Crown and Conceal this curfed Butchery, Perjury was to be added, fo that this Murder might be laid to my Lord's own Charge, as well to deftroy this Honourable Lord's Reputation, as to proteft thofe cruel Mifcreants , who had before perfidiouily Murdered his Perfon. G. Sir, I am very glad you have thus gi- ven Mr. Bomeny's Character ; for I am very well fatisfied that an Eminent Doctor (for whom I am fiire you have a very great Re- verence ) believes quite otherwise of this Fellow; for I have heard the Doctor give this Bemeny a very good Character, (which I do fuppofe he had only by Information) ; and by what Relation this fellow did give the Doctor, he was ftrongly perfwaded that my Lord did it himfelf; tho I am fure no- Man would be more readily convinced up- on good Ground, than this Doftor would ; . neither would any living be more zealous in a juft Profecution, if once he had good Grounds to proceed upon , which I can now foon furnifh him with , and Anfwer thofe very Objections which fo much in- fluenced the Doctor to a disbelief of my Lord's being treacheroufly Murdered ; and one of his Reafons for the Self-murder^ was . this, f Sboa (8o) Soon after my Lord's Death, Mr. Bomeny (that treacherous Villain, of whom I cannot think with Patience ) gives the Doftorthis Account, That his Lord did ufa to be taken with I'tidden frenzied Papons , and in particular , with one that Morning jujl before his Death : For faid this vile Judas , As foon as my Lord (aw my Lord Ruflel go to his Tryal', he ftruck his Breaft, and faid ,himfelf was the caufe of my Lord RuflelV Mif&ry, feeing he had 'vouched for that Gentleman , whoje Treachery would prove my Lord RuflelV Ruin, &c. and hereupon fell al- tnoft Diftratfed. But I perceive this Story is intirely forg'd. For the Jury here fwear, that this very Fellow to them, the next day after my Lord's Death, upon Oath declared, My Lord teas as chearful, (and the Night before, eat an hearty a Supper) at. he did ever fee him in hii Life. And gives them no Account of this treacherous Forgery, nor any thing like it ; but all in Contradiction to it. This ap- pears by his firft Oath. T. It's very probable at Mr. Braddorfs Tryal, he would have forgot this part of hisLeflbn, had not the Attorney General (whether out of any ill Defign , or accord- ing to Mr. Burtons falfe Inftruftion, I know not) put him in mind of this particular ; for when Mr. Attorney faid, Did you obferve your Lord MelanchoUy, Mr. Bomeny ? L. Without doubt Mr. Bomeny under- ftood what Anfwer he was to give to this Queftion. T. Yes : And followed not the truth, but (in part, tho very imperfeftly ) his Inftru- ftions-. For Bomeny faid, Tes, he was Mtlan- cholly ; but we took no notice of it, for he did ufe to be fo, and we had no reafon to fufpeft any thing more than ordinary. L. Obferve now how different, or rather contradi&ory this Anfwer is to that Rela- tion this perjured Villain gave this Doftor; and both destroyed by that Account, he upon Oath (the vey next day after my Lord's Death ) gave the Jury ; for he then fwore his Lord was very chearful ; had the Relation given the Doctor been true , how readj| would Eommy to this Queftion have given it in anfwer ; and wliat an Harangue thereupon would my Lord Chief Juflice at this Tryal have made ? G. I am very well fatisrled the Doftor will foon be convinced of the falfefhood of that Relation, which Bomeny (as before) gave him , when he doth once find that it ftands in Oppofition to what he hath twice depofed. L. Whofoever this Doftor be, of whom you give fo good a Character, if he fliall pretend to believe the Account Bomeny gave him, when it thus ftands in Contradiction to thofe Relations Bomeny hath twice given upon Oath ; he is not deferving of that fair Character, but may jufty be fufpected as one prejudiced in this Matter againft the truth , which maugre all Opponents, will one day (and that fpeedily) fnme through all Clouds of Oppofition, which the Malice and Op- preflion of fome, and Impudence of others, have raifed againft. But blefled be God, as 'tis the Duty, fo it hath been the Praftice of this Government to incourage this Profe- cution. T. Let the Defter but reconcile the fe- veral Contradictions of Bomeny's Informa- tions given the Coroners Jury, and at Mr. Braddon's Tryal before at large obferved, and I will ( then rejeft all other Evidence, and ) believe with the Doftor , That my Lord did indeed cut his own Throat ; but till then, I muft beg this Doftor's Pardon, if in this matter I will not admit of his be- lief, as a Rule for mine. L. I do very much wonder that this Re- verend Doftor fhould in the leaft be influ- enced by what this Bloody Rafcal told him ; for that's allowing a Villains being Evidence in his own Cafe , which no Law will admit in Oppofition to what is Sworn. Now, feeing this falfe Fellow was to lay the Murder at my Lord's Door, or take it up- on himfelf, either as Privy to it, or AHng in it : I think his JttMOt ought fcarce to be received De bene effe, as the Lawyers term it, that is, to be believed, or disbelie- ved, as upon farther Inquiry it fLall feern to deferve Credit. & If (8 S. If all thefe Contradictions, before ob- ferv'd, between Bomeny, Munday and Ruffel, had appeared to the Coroners Inquefl, they ought upon thefe only to have quitted my Lord from that perfiduous imputation of Self-murther, and laid it at the door of thofe Treacherous and Cruel Men, who, by their Perjury (which fo plainly appeared in thefe grofs Contradictions) villanoufly and falily charged his Lordfliip with it. T. In the Hiftory of Sufanna it's related, That Daniel fianding in the widfl of the People, fai4, Are ye fuch fools, ye fans of Ifrael, that without examination or knowledge of the truth, ye have condemned, a Daughter of Ifrael ? verfe the 4f%th. The People had received the Ac- cufation of the Elders, whofe Qualifications gave no fmall credit to their Evidence ; for it's faid (verfe the 417?) The AffkmUy believed them as thofe that were the Elders and Judges of the Land. Neverthelefs , Daniel juftly con- demned the Aflembly, for pronouncing rafh Judgment without examination, or know- ledge of the Truth. In this Cafe an Accu- fation was not to be admitted for truth with- out ftriCt examination of the matter ; and fuch Scrutiny was proper, as was a-part, fo that one might not hear the relation of the other, and thereby be enabled to agree in their Evidence, which, without doubt, they would , had they been examined together. If the Teftimony of thefe two Elders were to be throughly fifted by a frriCt, judicious and feparate Examination, how much rather the Relation ofBonxnj and Ruffel in this Cafe? for in that it did not appear (any other ways than by the defence of the Acculedjthat there was the lead malice in the Accufers, or that their Interefi, much lefs their JLives (before the Charge ) depended- on the truth of the FaCt, {Ifor thefe Elders had fuffered nothing by Sujamtt's Innocence ) provided they had not falfly and malicioufly terrified againft her. But here it was pluin to every man's underitamling, that theie two Mens (Botne- j's and l-~.-i(ji tf's) very Lives lay at flake ; for moil certain it is, That fuch as were in the Chamber, and kept the Chamber-door, (the Chumbtr not being uboye 14 foot fould then of my felf , for my long Jilence. (My Lords) The Reafons which makes me disbelieve my Lords being (by others) Mur- dered, are fuch as I could never hear anftvered, though I am fure I jhould readily be convinced, and re Joyce in my Conviction ; but till then I fbotild think my felf little lefs-than a Murderer, to profecute any for the jhedding of that Blood, from the Guilt whereof (I am forry) I muft, in my opinion , acquit all Men living. My Lords, The Reafons which have thuf influenced my Belief, and tied my Hands, I have at large .oommanicatfd to my Lord Bijlwp of S. whom 1 .have defired to make than known to your Lord- flaps., and your Lordjbifs (being Jatitfad in my Innocence) Innocence) win, I atn fare, foon refcue me from the 11 He Slanders ofthofe Tongues, under the lajh whereof I have Jo undefervedly fuffered. My Lords, I /hall only add this, That if once thefe Objections are removed, and I become fully fatit- fed my Lord was perfidioufly Murdered , none living upon the face of the Earth, Jhall more zealou/ly profecutethe Blood of a murdered Hus- band than I will this, as in Duty and Honour Ijball then ftcid obliged. L. And I doubt not but her Honour will zealoufly Profecute, as foon as fhe finds what is here depofed, to prove her Lord treacheroufly Butchered : Such Evi- dence there is, that nothing can ballance, but the occular Evidence of the Self-murder, and if there be any fuch, it's ftrange we ihould not long fince have heard of the Perfon : But pray proceed. G. Upon this, that Learned Bifliop, as I have been told, gave a large account, what were the feveral Inducements that moved the Countefs to this Belief; but I could never hear what thefe Reafbns were, but without doubt they were fuch as had fome weight with them, or otherwife they would never have fatisfied, not only that Reverend Bifhop, but moft then prefent, in the belief of the Self-murder ; and fo throughly con- vinced Mr. H. who (as I have been told) did fecond the Bifliop, and gave fome other Arguments for the fame purpofe , and feemed concerned , that fome of thofe Honourable Lords appeared to disbelieve rhe Self-murder. T. I could never yet hear, but a very imperfect Account, of what my Lord Bifliop faid ; for the chief reafon, as I have been told, his Lordfhip then gave, was what my Lord of Efpx declared juft before his Com- mitment, when his Lordfhip (appearing under fome difbrder and trouble of mind) faid, that it was not any perfonal concern that made him thus troubled , but it was the thoughts of his Family ; for he was much troubled to think what would be- come of them after his death ; as for him- felf, it was the leaft of his care, For therein he was refolved what to do ; feveral times over repeating (in a feeming despondency) that expreffion, As for my felf I am refolded what to do Now admitting this to be true, that the Earl feveral times repeated that expreflion, As for my felf , I am refolved wha* to do, is there no other Refolutions but Self-murder to be fuppofed. G. Being fpoken with fuch Defpondsncy, it argues the Refolution was defperate. T. It's very natural for love to fear the worfr, and to apply fuch Fears according- ly, now her Honour being ftartled with thefe often Repetitions , upon hearing of her Lord's death, might fuppofe that fuch had been her Lord's Refolutions, which gave Birth to thofeyfcpeated Expreflions : But whereas it's faidj my Lord fpoke it in a fort^f Defpondency , irt probable that her F%nour might miitake his Lordihip's undaunted Courage (which with a higher affiftance, kept him above the fear of what the-Power artd Malice of his greateft Ene- mies could inflift) for Defparation. This, to me, feems the moft likely, confidering what his Lordfhip had before declared, viz. That he did expett the Court would not only Imprifon, but take of feveral ; and if it fhould be bis misfortune to fall a Sacrifice for his Country, t the Court Malice and Rage, ths World Ihould fee he ceuld dye with as great Refolution as ever his Father did, for he was ready at all times, and upon all occafions, to lay down his Life for his Country. This Ho- nourable Lord was not ignorant of the Popifh and Arbitrary D^figns of the Court, and that there were fmall hopes of any Re- drefs by Parliaments , for fuch were not fuffered to fit when they began to reform our Grievances; and as for the then Judges, they were purely Inftruments and Ecchoes to the Corruption of the Court ; fo that whatfoever Whitehall had refolved upon, .as fit to be declared Treafon in Wcjhninfter- hall, was declared (not properly adjudged) accordingly ; not adjudged, I fay, for we found many of them more Knave than Fool, and their Intereft corrupted their Con- fciences, and thefe their Tongues, to pro- nounce what their Judgments in the Law couhi C 86 could not but be fatisfied was falfe , and theinfelveswell knew to be corrupt; where- fore only the lail remedy remained, in cafe the Court proceeded, as there was all reafon to believe they would, by fuch Vile, Ille- gal, Arbitrary, Popifh and Oppreflive Me- thods, to deflroy what to every brave true Englifh Spirit is much more valuable than Life (Religion, Liberty and Property I mean.) Aly Lord of Eflex had long flood in a true light, wherein he could plainly fee the mofl fecret and ultimate end of the :Jourt; and this made him the more re- folved to joyn with others, fuch Patriots as himfelf, in oppofition to thofe Hellifh Plots of St. James's |fbr there indeed lived the tnie Plotters , ^hich were indu- flrioufly plotting the total Deftruftion of our Religion and Liberties, wherM fuch lue Lovers of their Country, as himfelf, were defigning nothing more than the Pre- fervation of our Laws, which the Cor- ruption of the Bench had in Perjury fold ro the Oppreffion of the Court. But this Bargain was never fo plainly proclaimed, as in that Never-too-fevereiy-to-be-punifh- ed Judgment, which gave (as far as was within the Power of that perjured Bench) fuch a Difpencing Power to the Crown, under a neceffity (of which neceffity the Crown was the fole Judge) as by a natural Confluence diflblved all Law , when a Royal Arbitrary fyfe Dixit fhould fb pro- nounce it : Wherefore (as before obferved) we held our Laws, and therein our Reli- gion , Lives and Liberties , as thefe For- fworn, Mercenary Judges did their Places, durante kcm flacito Regis. Had we in this Lord's days known thofe Popifh and Arbi- trary Court-Secrets ( which he plainly faw defigned our ruine , but no confiderarion could ever corrupt this Honourable Lord to ing-age in thofe Curfed Cabals) moft cer- tainly we fhould have refcued the Lives of brave Patriots, our Church and State Con- feflbrs, the moft Reverend his Grace , and the Reverend fix Bifhops, met with an Un- corrupt Jury, which were guided by Con- fcience, (not impofed upon by the Court,but enlightned with the true State of the Cafe, as moft judicioufly, and truly Stated by thofe their (Learned Council in the Law) ; Thefe Seven Champions for our Laws (and there- in for all by them we poflefs) would moft certainly have been offered up by the Bench as Viftims of Expiation for that Guilt , which would (in a Court Senfe) have robb'd the Crown of its richeft Jewel; yea , that Court Philofopher-Stone, (the Difpencing Power) which atpleafure might have turn- ed our Properties, Liberties, yea, Lives, in- to pure Gold ; for the Eftates we poflefs, the Liberty we enjoy, and the Lives we live , we have guarded only ( next under God) by our Laws, which this Leviathan at once would have fwallowed and totally de- ftroyed. L. When I confider my Lord's declared Refolution of his not ftirring, tho then under the like Danger , as in this Cafe apprehen- ded, and with what Readinefs, Courage and Chearfulnefs, he could lay down his Life for his Country ; and likewife, the Know- ledg that he may be fuppofed to have of their Defigns (which thefe Villains, nine days before his Death declared ; for it's Sworn they then faid , The Earl knew fo much of their Defigns, and was fo very Averfe to their Intereft, that they could ne- ver carry them on, unlefs his Lordfhip was taken off, and his Lordfhip was therefore to be Murdered). I fay, when I confider thefe things , and that the more this Ho- nourable Lord knew of the black Intrigues of the Court , the more fo good a Man, and fb true a Patriot muft be fuppofed to hate them ; I can't but imagine that this brave State-Champion , when he had been thofe our beft Friends, and not by a corrupt' once fatisfied, that the Court under Colour Conftrudive Treafon, have Sacrificed thofe true Lowers of our Country , for doing of that which we all ought as one Man to have- ccadiully joined in. Had not thofe of Law would have taken him off, had re- folded as to himfelf, to lay open thofe Popifh Arbitrary-Court Contrivances , and juftfied that juft Defiga of {landing upon their Guard : Guard; there was no other Way (under God) to defend what was fo grofly invaded. Now, tho his Lordfhip might fuppofe by dealing thus plainly, he fhould the more exafperate the Court , fo that their Malice would be more inveterately bent in his De- ftruction ; yet, that he declared , he feared not , but was ready , chearfully , to lay down his life in fo juft a Caufe; and fhould this daring true lover of his Country have thus expired, by his State-Martyr- dom, he would have given fuch fatisfaction in the truth of what he thus couragioufly, with his laft breath, fhould have affirmed, as would have raifed a general hatred agayift thofe Arbitrary and Popifh-Court- Refolutions; and this might fo fuddenly have given another fo general a Refur- rectionto that juft Caufe, as would have totally routed thofe our true and only Ene- mies of both Church and State. Our then Enemies , under colour of Law , were in- duftrioufly endeavouring the total Subver- fion of our Laws, and whilft in fhew they feemed to maintain the Proteftant Church, they were fecretly contriving its total De- ftruction , by wrefting thofe very Laws which were chiefly defigned as Deftructive to Popery, and making them productive of what they were enafted to deftroy ; for by a malicious and furious Profecution of all Proteftant DifTenters, they did hope to raife fo general Animofities between the Con- , forming and Non-conforming Proteftants, that they might, through fuch Division, have an opportunity to fullfil that no- torious Jefuitical Maxim, Divide & Im- pera. T. God was pleafed not to deliver us, till he had made fome fenfible of the Dan- ger of that which at a diftance they did not fo plainly perceive to be hurtful ; but Affliction foon made them wife, and con- vinc'd them of their miftake, and then fome of them might truly have faid of Our Law, what the Pj'almift did of the Divine, Before Pfal. 119. f vas afflicted I went a fir ay, but note have I 6 7- kept thy word. The general Danger that threatned all , taught us all , it was our Intereft, as well as Duty, to joyn with tha f \ (falfly called * unnatural Invasion) which in I tender companion, was undertaken by our 3 prefent Sovereign, to refcue us from our P true Invaders. L. Can any imagine, that my Lord's de- claring, As for himfelf, he voa! refolved what c< | to do, could give rife to thofe many reports ^ in fuch feveral and far diftant places of the l \ Kingdom ? of G. But, which is more plain, I have been informed, his Lordfhip fhould, in fome cafes, juftifie Self-murder, and particularly that Action of the Earl of Northumberland, who Piftol'd himfelf in the Tower. T. As for thofe Judicious Divines which have been reported to be the men to whom the Earl fhould juftify Self-murther ( fn fome Cafes ) fome of thefe have declared, That they never heard any man more ftrenuoufly argue againft it, (as what was unjuftifiable un- der any confederation) than my Lord hath done. Nay farther, I have been credibly told, Tl.-ai when my Lord was Lord Lieut aunt e/Ireland, Eminent Citizen of Dublin cut his own Throat ; and his Excellency jhen declaared, that Citizen ought to be found Non-Compos mentis; for it was his Opinion, That no man in his fenfis did ever cut hit own Throat : But a ftronger Argu- ment to me is , what is before at large ob- ferved of Major Hawk-is fuggefting Self- *fl murther (for the avoiding a difhonourable and infamous Death) to be my Lord's fixed Principle ; and yet this Gsntleman now de- nies not only this fuggeftion, but likewise declared, Tfiat he never heard it faid to be my Lord's 'Principle , till their Lordjhips in this Committee charged him with it. Hartley's Sug- geftion to the Jury, I do not doubt, for it's positively fworn .againft him ; but.the ful- fity of the thing fkggefted is plain from Rawkfs now denying it: and that this Sto- ry had its rife from the fama Malice that contrived his Lordihip's Destruction. For had this Principle been true, How readily would Hawl-y have juftifisd it, as of what he had been credibly informed ? and how ferviceable might he have thought it to prove the Self-murther ? But this Gentleman (88) being confcious where this pretended Prin- ciple was hatched, and what villanous ufe he himfelf ( according to Inftruftion and Order ) made of it to the Jury ; thought it not fafe to juftify either his Suggeftion , or his having fo much as heard it, before my Lord's death, to be his Lordfhip's Prin- ciple : for fhould he have been forc'd to produce (to him) the Authors of this (pre- tended ) Principle , it would too plainly have appeared, that thefe his Authors were the Forgers of the Story. But I will for the prefent admit, what I am well ailured you can't credibly prove, That before my Lord's death, his Lordfhip had declared, that Self- murther (in fame Cafes} was lawful ; it doth not from thence inevitably follow ,that his Lord- fhip therefore muft cut his own Throat; for feme have juftified the Principle, that never thought fit to put it in praftice. I will, for Argument fake, admit yet farther, That HawUy\ fuggefted Principle w;as true (viz.) That the Earl of Effex declared he would deftroy himfelf, rather than be brought to a difhonourable and infamous Death ; can it be thought , that from this general Refolu- tion (wherein no particular manner of death is declared ) all thofe feveral previous Re- ports, before obferved, fliould rife ? for (to borrow almofr. the very words of an Inge- nious Author upon this Occafion ; Though they were vented bj jeveralperfons, yet they not only agreed in the matter of the Earl of EflexV Death ; but they accorded aljo in the way, and manner of it, and place where, namely, that he cut his Tin-eat in the Tower : which plainly fliews, that it was not vulgar Tattle, vented at random, but had its foundation in a pre- vious and fixed Refolution , that he fhould undergo that unhappy Fate, both as to man- ner and place ; nothing but a determinate Caufe can produce a freddy and determinate ErTeft : Mad the Report taken its rife in the JealouMes of his Friends, or owed its breath to the fearful Apprehenfions of the Com- monPeople, they would have rather dream- ed ot hi.-, being poiibned, as being more fafe for the Aftors to perpetrate, and requiring the acceffion of fewer hands, than have ever imagined that his Throat fliould be cut. It's imporfible to conceive , that the Reports of fo many feveral Perfons Ihould not only sgr.e in the matter of his Death, but all harmonize and center in the very Circum- ftances and manner of it, and Place where, unlefs it had originally proceeded from fuch as had contrived and determined both the Murther it felf , and the way wherein it fliould be committed, and the Place where it fliould be done. For when Reports have their foundation only inMens Fancies, they will always vary according to the different Tempers , Pafllons , and Complexions of the Reporters ; how could fo many Perfons, and at fuch distances from one another, and betwixt whom there was never any corre- fpondence , agree and combine together to impofe upon the World , and to abufe die Faith of Mankind ? and as they all feem to be Perfons who abhor Tricks , and who would not be guilty of fpreading, much lefs of raifing a falfe Report ; fb it is beyond the Wit of Man , to declare , how it fhould come to the Intereft of Gentlewomen, Ci- tizens, and Countrey Tradefmen, to be the Authors of fuch a Story, that my Lord of Effex had cut his Throat in the Tower before it was done, or before knowledge of his Irh- prifonment in the Tower could arrive at fbme of thefe Places, where it was fo reported. But that not only the how, and where, as to my Lord's Death, fliould be the fame-in all thofe Reporters ; but the very wherefore, two days before his Death, be given, for the ha- ving cut his Throat ; and the very fame wherefore thai the Papifts publickly gave out, and induftrioufly fpread juft after my Lord's Death : this proves, beyond all doubt, that the Matter was fo particularly agreed upon by the Papifts, and this Reafon by them re- fblved to be given out juft after my Lord's Death ; it's plain to all, but thofe that wink hard, that this pretended Reafon muft be hammered out of the Popilh Forge. For this Reafon carried in it what none but the moft fecret in this Hellifh Contrivance could before my Lord's Death give out ; fcr obfcrve, the Reafon declares , That the . Earl Earl o^Effex being Prifoner in the Tower, the King and Duke came into the Tower to fee the Tower, of which the Earl having notice, he was immediately afraid the King would have come up into his Chamber, and feen him, &c. Now I would willingly know who,befides the moft intimately knowing in this matter, could give information two days ( viz. ) the Wednesday Morning at An- dover ) before my Lord's death , that the Earl ofEjfex would cut his Throat in the Tower when the King and Duke were there, becaufe the King mould not fee him ; the King and Duke's being there was unexpe- fted, and a furprize to all, but to the Men of Secrecy in this Murther, becaufe their being there together was fo very rare, that it happened but once in twenty five years. But of this I have already fpoken ; and alfb how this fo particular a Report, as to the Manner , Place , and Reafon , became thus reported in the Codntrey fo long before my Lord's Death. L. Was you ever credibly told that his Lordfhip faid he was refolved to defrroy himfelf? 1. No, I never heard that credibly re- ported. L. Or, which is more plain and particu- lar, Did his Lordfhip (before his Imprifon- ment) fay, that he was refolved to cut his Throat in the Tower , when the King and Duke fhould come into the lower to fee him, which his guilt and fhame could not bear the thoughts of ? G. Certainly my Lord could neither fore- lee , nor expeft that the King and Duke fliould come into the Tower, whilft he was Prifoner there. L. But you find it depos'd, That before my Lord's Death, ( viz. ) the Wednesday at Andwtr: As to his Death, The manner how, i be place where , and the reafon wherefore, art ajjigned : Now had my Lord fo particularly declared hisRefolution(in which,by the way, as to the King and Duke's being in the Tower, he muft have prophefied what could not be expefted) then it had been polfcble, that this, and thofe feveral Reports proved by eight Witneifes more (far difant from, and a'- together flrangers to each other all center- ing in the lame manner how, and the place where) might have arifen from this Refo- lurion of his Lordfhip fo particularly de- clared. T. It may be, my Lord having heard th^ Papifts had refolded to cut his Throat, was afraid they would (the more to tor- ment him) not do it like themfelves, but botchingly (as they cut Mr. Arnold's) and therefore that it might be done at a jerk, and all perfectly finifh'd at a ftroak, he was refolved to do it himfelf, and did it effe- ctually; for though the Blade of ths Razor without the Hand, was not two Inches and a half,he made a Wound about three Inches and half deep ( and therein did what by o- thers was Mathematically impoffible to be done) and whereas, before that Accident, it was the Opinion of Doctors and Chyrurge- ons, that none could cut through both Ju- gular Arteries to the Neck-bone on both fides the Neck, his Lordfhip was refblved to give the World demonstration of their mifrake ; and after all, his Lordfhip ftopt the Orifice from giving illue to fuch a quantity of Blood and Spirits, as would naturally have infrantly killed him ; and out of malice to the living, that others might be charged with his Death, threw the Razor out of the Window, and then fent the Maid down for it ; which having received from her, he re- tired ^to his Clofet, lockt himfelf in, and tjuietly laid himfelf down, and the Razor by him , and then gave free paflage to that Blood, and thofe Spirits, which he thus miraculoufly kept fo long in. G. But to be feiious, for this is a Cafe of grave, yea, very doleful Confederation; did you ever hear all thofe Reafoas the Bifhop then gave ? T. No, but I could wifh I had ; only this further Reafon I think" was given, (viz.) what the Steward faid concerning my Lord's defiring him to fit down, and drink a glafs of Wine with him the Night before his Death. N L. That C 9 L. That I do totally disbelieve for the Reafons before mention'd. T. But whereas you fay Mr. H. did fecond my Lord Bifhop , I do aflure you I did he;.r that Ingenious Gentleman declare the contrary ; and ( as a Gentleman told me ) defired one to vindicate him from that Re- port, which he did totally deny. G. What was then faid by the Lords of the Committe after my Lord [Bifhop had given the Countefs's Reafons of her Si- lence r T. I have been told (how true it is, I can- not fay) that the Right Honourable the Earl of JD. fpake to the Countefs to this effeft ; Madam, The belief, or disbelief of afatt, nei- ther deftroys the Exigence, nor alters the Nature ef the Faff; and we who are to proceed, not accord- ing to private Opinion, but legal Evidence, have taken the Depositions of many Witneffes in this Cafe ; and unlcjs many of thefe be villanou/ly perjur'd, (which as yet we have -no reason to believe} my Lord muft have been mojl barbe- roufly murthered. G. Had the Countefs, or trie Bifhop, be- fore this, feen what was fworn ? T. I fuppofe neither of thefe had either ieen , or been informed what was depos'd to prove this Murther ; neither could they then have heard what hath in this Cafe been depos'd, becaufe many Depofitions have been fmce taken before the Lords, and, fince their Lord/hips Committee was diflblved, before feveral Juftices of the Peace. G. I cannot but believe , that if the Countefs once knew what you have now at large related , her Opinion would foon be changed, and her Zeal in this profecution would be as great as could be expected from a Lady of her Honour and Quality : and as for my Lord Bifliop, I am fure none would be more eafily convinced upon fuch grounds as thefe, neither would any more 7*aloufly ingage in this Profecution. T. Of this I doubt not ; for no Man can have a greater veneration for this Reverend Father in God , than my felf ; and I think this happy Revolution is"(underGod,nnd His Majefty ) not a little indebted to the Inge- 5 nuous and Indefatigable Pen of this Judici- ous and Learned Bifhop. The next Difcouragement I fhall men- tion, was the ftrifc Injunction, with Threats, laid upon many of the Soldiers to be fecret in this matter. J. B. and his Wife, further declare, That the very next day after my Lord o/"Ei!exV Death, the aforefaid R. M. told thefe Infor- mants, how that very morning their Officer cal- ledfeveralSoldiers together, and under veryfevere penalties enjoined them not to fpeak one word of what they had either fecn or -heard with relation to the Death of the EtrlofEflex, and therefor t the f aid M. dejtred thefe Informants not to] peak one word of what he had informed them ( with relation thereunto ) the day before, left it being difctvered , he Jbould be fever ely punijbed for Jpeaking any thing of this matter. L. With what a degree of Impudence was this treacherous Cruelty ftifled ! T. R. the Soldier before-mentioned, that very day my Lord was murthered, decla- with very great earneftnefs, That the Duke of York hadfo barefaced ordered the matter, that he did believe no man was fafe that was not for their Interefl , fo foon as they began thus ( in effeft ) openly to order cutting of lirroats. This .. did further proteft , That his Blood did fo boil with indignation again/I this mo ft Vittanous and Barbarous Mart her, that could he have got thofe that would have flood by him, he would have fl)0t the chief Author dead upon the Jpot. L. Altho' this Author did efcape the juft Indignation of this brave Soldier, yet that Omnipotent Arm (which feldom fails of punifhing Blood, even in this World , thus treacheroufly fpilt) in vengeance hath purfu'd him, and (without doubt) the Hell within is ten times worfe than the trouble without him ; for tho'the Spirit of a man may bear his Infirmities , a wonnded Spirit none can bear : and certainly a Confcience of flint muft be deeply wounded with thofe felf- refleftions which fo great Guilt muft natu- rally4>eget. L. But what is become of thefe two ho- neft Soldiers. t 91 r As For A/, not long after the Earl's Death , he told B. and his Wife, and one D. That fa had fallen out with one of the War- ders about the faid Earl's Death, and the War- da- had not courage to fght him ; but he did -verily believe, and much fear , that he fhould le bajcly murthered for what be had Jpoke con- cerning the f. (id EarFs Murther , and t hat very day he did much dread he jhould be defray* d : wherefore he did defire B. or D. to keep him company that day ; but they fearing themfelves might be in danger by being in his company, and having work to do, which they were obliged to finilh, they both refu- fed it, and the next morning they heard the faid M. was found dead in the Tower-Ditch juft over againft Major Webfier's Houfe. L. Surely Blood upon Blood muft force down Vengeance from Heaven ; but what became of R ? T. All the account can be had of him, is this, That not long after the Earl's Death, he was drawn out of the Tower, and fent beyond Seas to the Erf-Indies, and there, at fome fort, ftiot to death, but upon what account we can- not learn. I fear feveral other Soldiers have been murthered, to prevent the difcovery of this unheard of piece of Villany; for,as I was not long flnce difcourfing in a Coffee-Houfe, concerning this A/s being murthered ; A Gentleman told me, That by his Neigh- bour's Shop-door there ftopt three Soldiers a little after ftfs death; and one looking very melancholly, faid, He did fear he jhould be murthered ( as poor M. teas ) for Jpeaking fomewhat which he knew about the Earfs Death; for he did obferve himfelf dogd federal days by two men (which hedidfuppofe were Iriih-men;) and this Soldier did then defire thofe his two Fellow-foldiers to take notice of what he had told them ; and if he were miffing , and could not be found , they fbould conclude that he was murthered for this very reafon. L. Did this Shop-keeper know either of thofe Soldiers. T. No ; nor did he think it fafe to make any inquiry into the matter, left he fhould fall under fuch misfortune as had befallen others for medling herein ; you can't but find mod men are for cbferving that Maxim Faltx quern faciant, &t. Happy is he whom. other mens harms do make to beware. L. Certainly thefe things muft Inftcn. : Vengeance. If that Soldier, who was in this danger , be now living, ha rmy with fafc- . ty (and I am fure it's his duty) appear, and : difcover what he knows ; or (if with o- thers ) he be fraacheroufly murthered , it were well thofe his two Fellow-foldiars ; would teftify what that poor Soldier had j informed them ; this in Juftice they are 1 bound to do, and there is no danger in do- ing it ; fuch as now do refufe to teftify their knowledge in the Matter , confent to the Blood of the Slain, and one day muft expect to anfwer it. T. Hawky the Warder intimately ac- quainted with Major Hartley, (at whofe Houfe my Lord was murthered) was found dead in the Medways, about April next after my Lords death, ( having been murthered in a moft barbarous manner). This Hawliy was fuppofed to be taken off to prevent the dif- covery of what he knew in this matter ; for a little after Mr.Hawlejr was miffing, (viz.) about a month before he was found dead, a Warder then in the Tower (fuppofed to be a Papift) told Mr. A. 5. (who had long lain under the preilure of the then mifgovernment and then there a Prifoner, without any Evi- dence to juftify the Commitment) That Hawleyw/w run away for prating fomewhat a- bout the Earl of Eflex ; but how he ran away, a Ihort time difcovered. This Hawley was in Weftminfter-haU when Mr. Bradden was upon his Tryal ; and ; faid , He much wondered upon what Mr. Bxaddon jhould ftir in this thing, when, to his r Knowledg , Mr. Braddon knew nothing. A Gentleman, then prefent , who knew Mr. Hawley looked on this Exprefllon, as what argued Mr. Havhy not a ftranger to the matter; wherefore this Gentleman imme- diately faid , Mr. Hawley , if you know Mr. Braddon knows nothing of this mutter, what mnfl you then know 1 upon which Mr. Hawley feemed furprized (having too far exprefled himfelf) and made no Reply. N 2 5. I (90 S. I have been informed by a Warder in the Tom r, that this Mr. HawUy, the Warder, as foon as he heard the News of the Earl's Death, immediately declared it was a damrfd fiece cf Roguery throughout. T. This Mr. Hawkjr was very rich, and a Warder only to exempt him from Parifh Services ; but hs, never waited , unlefs it were on very folemn Occasions ; and that very day my Lord dy'd , he was waiting, and (as declared by feveral) was one of the Warders that attended on the Perlbn of the Duke of Tork, whilft he was in the Tomer, that morning the Earl dy'd. 'L. If fo, he might well obferve the Duke's fending the two men to the Earl's Lodg- ings juft before his Death ; and their return to his Highnefs, as Mr. E. depofeth ; and M. and R. declared, with feveral other Paf- iages, which might to him difcover that barbarous Murther ; and then he had caufe enough to fay , it was a damrid piece of Roguery all over. G. Good God , deliver us from fuch bloody-minded men ! \ T. Several Reports were as induftrioufly Mr. lltnvlcy had privately withdrawn under thisConfideration ; but fix Weeks difcover- ed his Perfon, and time may likewife deteft thofe Bloody and Barbarous Men that mur- thered him. They were fo very cruel in this Murther, that his Face was fo changed through violence, that it could not be known to be his ; and there was nothing that did more (if any thing did befides) difcover the Body to be his, than his having three Stock- ings upon one Leg, and two Stockings and a Seer-cloath upon the other : as for his Cloathes, they were ftript 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 theDif- coveries of the Perfon) will in his great Wif- dom and Juftice, by fome means or other, (of which His Wifdom is never to feek in the choice, or His Power in the ufe) difco- ver thefe Inftruments of Cruelty , that in this Life they may receive their juft Reward, which is for the moft part (though fome- times after many years ) duly paid towards fuch vile Offenders. as malicioufly fpread about Town when "f Befides this addition of Blood, other vio- Mr. Hay/ley was firft mifs'd ; fome to in- fluence people to believe, that this Mr.Haw- /.;y, through difcor.teit with his Wife, was v.'ry melancholly, and had declared, 'twas better to make away withhimfelf, than live iuch a vexatious life with fo turbulent a fpi- ritcd a Woman ; but in this they moft grot ly abufed them both ; for no Woman could fhew greater refpeftto a Husband, nor any Husband be more kind to a Wife, Another Report was, That Mr. H/wp/y had often de- clared, He did really believe, if a man with- drew from his Relations , and Friends, for h-alf a year ( ?nd fuffered none who knew him to know where he was; but to poflefs all men by fuch his conce akd abfence that he was indeed dead ) and then to appear in a furprize amon<;ft his Relations, 'this great furprize would be as pkafing to the Per- fon that withdrew, as it would be aftonifh- ing to his Friends ; and therefore it was (jiucndtd to be) believed by feme, that lent Methods were ufed to prevent a difco- very, by punifhing fuch Soldiers as feemed to disbelieve (upon very good grounds) my Lord's Self-murther ; this appears by this Information following : viz. Richard Jsrdcn declared! , That (fometime that Summer the Earl of Eflex dye d , and not long after the faid Earl^s Death ) he faw a Sol- flier tfd to the Wooden Horfe in the Tower (ly order of Lttutenant-CollonelNichols) and vchipt /tftcr n very cruel manner. And this Depo- nent heard the faid Lieutenant-Collonel tell the Soldier he ought to be hanged. This De- ponent further declareth, That he was juft af- ter informed by the Marfhal, that whift the faid Soldier, That by order of Lieutenant-Collonel Ni- chols , he game the faid Soldier 5 3 Strifes (tho 1 the ufual number teas but 12;) and that the faid Soldier had lain a fortnight before in clofg cujlddy, and been jed only with Bread and Wa- thtr ; and all only for t he Offince following (viz.) Sotae ( 93 Some fl-ort time after the Death of tke late Earl * Dr. H. of f Eflex, a Divine * coming into the Tower, the Norfolk , faid Soldier was ftnt with him to jlew him the Prebend Tower ; and as the DoBor TV/IS almoft over et- of Nor- S a!n fl Major Hawley's , the Doctor asked the wich f a 'd Soldier, which TV as the Chamber wherein the late Earl of&flKtdidcut hit Throat? whereupon the faid Soldier ( fainting to the Chamber in which the Em / bad been Prifoner ) declared ; That is the Chamber in which it's faid the Earl of Effex cut his Throat ; The Doctor then asked the Soldier, what he did believe? to which the Soldier anfwsredjThzt he did believe in God ; but being preft by the Jaid Doctor to tell him , whether he did believe ray Lord cut his Throat ; the faid Solder then replied, He would not fay he did believe it ; for which only fay- ing, the Punishment aforefaid was inflicted. L. Such Extravagant Punilhments upon fo flight Grounds,was enough to deter all o- ther Solders from difcovering what they knew ; for if this Soldier, for only declaring he would not fay he did believe my Lord did cut hit Throat, was thus barbaroufly whipt, what muft fuch'Soldiers expeft, as ihould have after ted, my Lord was by others murthered ; and gave their Reafons for iiich belief, by telling what they faw, and heard, with rela- tion to this Perfidious and Cruel Murther ; moft certain, this would have met with (if poffible) worfe whipping than Doftor Gates ever fuffered, or been punUhed by feme pri- vate Stab, or other deftruftion, to avoid the Matter's being brought -upon the publick Stage. G. I do remember Meahe is faid to have declared, the day after my Lord's Murther, | that many Soldiers were enjoined to furecy. It were well if thefe would, according to their duty, appear, and declare what they know, and by whom they were thus baiely com- manded" to be fecret ; for this Officer could not but believe , That whoever gave him Orders to lay that In junction, was pri- vy to the Murther, and therefore this Offi- cer was grofly Criminal in being thislnftru- ment to ftifle the detection ; and moft cer- tainty are thofe Soldiers Criminal, which fliaU not now appear, and judicially declare I what they know to be true, fo that Juftice I may have its due courle againfr thole moft I barbarous and vile Offenders. For if the time 1 of this bare-faced Cruelty againft fuch Sol- I diers that knew any thing of this matter, and !| revealed it, was time of (Hence ; moft cer- I tain, now the Government joins in the Pro- "I fecution, is the time to fpeak ; and whofb- ll ever refufes now to fpeak , becomes not a little Criminal in fuch his filence. L. I have been informed, the Father of William Edwards was turned out of his Place for what his Son had faid. T. That the Father was turned out about nine days after Mr. Br addons Tryal, is very true, and this done by fpecial Order, under King Charles the Second's own Hand, with- out any caufe fhown , or any reafon to ba guefled at, any other than his Sou's Of- .fence. L. I do remember at Mr. Br addons Tryal, Mf. Wallop (whofe Courage and Zeal for the Liberty of the Subjeft, hath been Noto- rious in the moft dangerous times ) did fuggeft, that the Father thought himfelf in danger of lofing his place, from what his Son had declared. Whereupon my Lord Chief Juftice Jeffiriefjrerf fliarply reproved Mr. Wallop, for reflecting (in thh) upon the Government, as though the Father fhould -be punifhed for the Son's fpeaking what i knew. If the fuggefdng the danger of the Place was a Reflection upon the Go/c;n- ment, moft certainly the Government did ftrongly reflect upon its felf, in turning Okl Edwards out , and giving no reafon for luch DiimiHion ; which made him con- clude, and all the World believe, that th- Father was turned out only for his Son's Relation. T. The old Jewifti unjuft Proverb w-as here inverted, for The Son had eaten fdynr Grafes, and the Father's Tteth were \et en edge ; fb that this Tranfgreiljon (in its pn- nifhment) did direftly aicend, and the Fa- ther anfwered for the Son's Iniquity or rather for what the then Government falfty called fo. L. I (94) L. \ think every Man s own Tranf- c;ve 'linn is enough for him to bear. 1'. I fhaH conclude all , with what after ; Lord's Death palled, as to Wtbftervevl. Ko.nifr, which feems to confirm the Truth of their Guilt in this Matter. I Hull begin with Wtbfier. The very day of my Lord's Death, Webfter brought liome to his Houfe my Lord's Pocket-handkerchief all Bloody, andfhaked Ir, feeming extreamly overjoyed, faying, re was the Blood of a Tr after ; and the very r\t day,_pulls out of his Pocket a Purle of Guineas, and in great Joy fkaked it; one of his Neighbours told the Gold, and found there was 49 Guineas, and a French Piftole. L. I doubr not but he had a much greater reward for fo remarkable Service. T. That without doubt ; for this Fellow (which was tJnder-Baily of the Tower- Liberty) immediately puts himfelf into a Garb much above his Quality , with his Fringe Gloves, either all Gold, or part Gold and part Silk, and all other things an- 1 werable thereunto ; and being thus flulh with both Gold and Silver, he frequents the Gaming Ordinaries; but his Cloaths, and the quantity of Gold and Silver he then brought, furprized the Company which knew him, and all admired at the fudden Change ; for he who before ufed to play hardly for i o s. at a Sitting, would now throw at ten times fo much at a Main ; but his Fortune was fo very bad, that it's generally believed he loft at Gaming above 400 /. in fix Months time next after my Lord's Death : All that knew this Fellow, admired how he came thus fupplied with Money, moft believed he had ufed the Pad, for all that were acquainted with him, were fatisfied his Principles would aft in any thing for his Intereft. L. By what this Fellow gamed away, it's plain the firft fifty Guineas was but a fmall part of his Hire in this Treacherous and Bloody Tragedy ; but it ieerns his Ex- travagancy loft what his Villany got by this unheard of piece of Cruelty: So that the old Proverb was herein verified, /// got ill $crt. T. This Fellow, by fuch his Extrava- gancy in fine Cloaths, keeping his Gelding, Gaming, Whoring, and almoft all that is ill, reduced himfelf in lefs than a Twelve- month, to his former Poverty ; fo that one of his Wives Relations was upbraiding her with her Husband's neceflity : The Wife replied, Her Husband not long before was not fo poor, for he had joo Guinea s: At which the Relation being furprized, told her, It seas impojjible for him to have fuch a Sum by koneft means, for his dle-houfe , and being nndor-Baily, could hardly get him Bread. But his Wife pretended his Trade got it. G. What Trade, Gaming ? T. No, fhe mentioned nothing of Gaming, but his Ale-houfe-keeping. But that ap- pears to be falfe, for before my Lord's Death, he could not, out of his Trade, pay his Brewer, but owed him a very confi- derable Sum, 30 Guinea's whereof he paid juft after my Lord's Death ; and the Brewer admired how he came to pay him all in Gold ; but fince he hath heard how it's fufpeiled this Money was procured. It feems what Money the Wife received for Beer, this Fellow (without having any re- gard to the Payment of his Brewer) would take from her, and fpend in ill Courles ; and if his Wife refufed to give him what fhe had, he would abufe her, not in words only , but Blows , which made his Wife one time tell him, That he was a Fool, as well as ft Rogue, to ufe herfo ill, when he knew it was within her power to hang him, and one in the Timer ; once naming (as I have been informed) Major Hawley for the Man in the Tower. L. This Woman was miftaken, for it was not within her Power to touch the Hair of this Fellows Head by her difcovery of this Matter, as long as this Villain ftood guarded with fo great a Protection, as both the Intereft and Life of the Chief Contri- vers, whofe Power then was fuch, that had this Woman charged her Husband or Hawley. with being concerned herein , b'er. C 95 ) her Accufation would without doubt re- tl 'e man's Patience dound to her Ruine, and fhe would have been mofl barbarouily ufed for declaring this high and dangerous Truth : And of this Safe-guard this Bloody Villain being well afliired, he feared not what his Wife or any elfe could charge him with. L. If this Woman had a true fenfe of things, fhe could not but know it's her duty to difcover this Matter, in the Concal- ment whereof, the Duty to her Husband can never excufe her. T. But this loofe Fellow long fince turned away that Wife, pretending fhe was never w&erefifre he TOM to Murder the Hwband (that he might Marry the Wife ) yet this kept Jo very private from ths knowledge of the Wife, that nothing was far- ther from her thoughts , than fuch Treachery (for this Gentleman, and her Husband, in /hew, were intimate Friends.) Thi* Bloody Man, one day walking with the Hatband, nigh very large deep Pond, endeavoured to throw him in ; and as he tans about it, the Hub/met told him, That fame of thoje very Ducks thin in the Pond, jbould detect that perfidious Mar- der he was about to commit : To which the other replied, He would venture that, and fo- d w ay ill A i v JAV- ^ pr*vw***.*A v* M.J iiv T vx. vv iJti r zvu tt-*-* ut u vita* Wff*m t * rjt** * */* w / v married to him, but that fhe got another threw him in, where he was drowned; but Whore to drefs her felf up in Man's Appa- rel, and go to Dukes-place, there perfonating him, and fo in appearance married. L. If fuch a thing was , then this was by r Httf band's Canfejfity , rein there fcemed to be a very remarkable Providence, The Wife obje&ea the nearnefs of the Relation, and the protaije of Secrecy, hut to bath thijs fie TV as aJtfvered, That there if 720 RcLiittrti jo dear .is [fnftice, and no Pronnfe, contrary to the Rules thereof, ought to be made, ..'.v Left if tr/ide, for thai: is net jo properly i i.nthfiil, as being a Confederate; for !::cj:, being confidered of a Virtue ^ it's co'if.c/'tently to be exerufed only in things Jujl ar.a ticr.cft ; fcr m other Matters it is not pro- fer-j- (v.tjraliy Jpeaking) calLd Fidelity, but a '. Concealment. The Wife being thus ptrfspaded) repairs to the blagiftrate, who forth- _ *>;.-;; orders the KM band to be Jdzed, who as foon as apprehended, conftffed the whole Matter, and waf deservedly executed. G. I think the Wife, in this cafe, muft be in a very great ftrait, for the Tempta- tion to Secrecy could not but be very ftrong; but I find in the Old Law, That if the Wife, or the neareft Relation in Blood, or a Friend which was as his own Soul, did but fo much as fecretly intice to Idolatry, the Relation or Friendfhip in this cafe, was to be no Impediment to the Difcovery,Pro^ fecution and Punifliment ; for the Peribn tfius indeed, was not to pity, fpare or conceal his Relation or Friend, but was pofitively commanded to Kill him ; his Hand was fair to be upon him, and then the Hand of all the People. Now moil: :rtainlyfuch a Villainous and Treacherous lurder, attended with fuch Aggravations, mft be moil Odious in the fight of God, r hofe firir expreiJ> Law did pofitively Enait, "hat wkofo fieddeth mans blood, by man fiail 'ris blood be fied; the reafon whereof follows, For in the linage cf Goal made he man. Husband (efpecially when the befr, in Suc- cefiion to the worftjand her duty to Juftice ; yet it's moft certain the latter ought to have the afcendant ; for whofoever loves Husband or Wife, Father or Mother, Bro- ther or Sifter , more than what is Juft, Righteous and Good (for that is the tneaaing of, more than me) at the laft day moft afliiredly ihall be rejected by him who hath pofitively enjoyned us to hate all thofe Rela- tions for his Jake and the Gojpels, or (which is the fame ) for our Duties-fake, confi- dered as Chriftians. But how much higher Aggravations do attend the unparallel'd Murder of this Honourable, though unfor- tunate Peer? T. I ihall now fay but one thing more, with relation to Webfter, and that is this When Webfter was before the Honourable Committee, Mr. Braddon defired HnM^' their Lordfliips leave to ask Webfter one queiHon ; which being granted, Mr .Braddon demanded of Webfter, Whether the next day after my Lord's Death, he did not produce to Juch a man a Purfe of Gold, about 49 Guinea's, and a Piftole. Webfter denied it ; Mr. Brad- don defired him to recollect himfelf, and bepofitive; Webfter declared, He was positive h* did not, nor to his , remembrance in his Life ever fiewed that man any Gold, much lefs fo great a Sum. Mr. Braddon perceiving fome of their Lordihips feemed angry, the que- ftion was put" fo plain, after Webfter had withdrawn, Mr. Braddon informed their Lordihips, That Webfter -(** he had been told) -was a fort of a hanger on at Gaming- houjes (where he could play but for little, being 'very poor) and fiould this fellow underftand it was pojitively fit>orn againft him, that he did produce juch Gold, in all probability he would Jorge fomewhat in avjwer to it and it was not unlikely, but he might pretend that thofe Guineas he had won at Gaming, and was overjoy d at being jo rich : with this his Invention (upon deliberation) might furnifi him, in which his L. In my opinion this Wife did what pr<. fence of mind -under Guilt, could not be fo e oxight to have done ; for though it may ready; but if hereafter he fiould fo pretend, it would plainly, appear to be'falfe, having Jo pofitively dtmed, it to their Lordfiifs; when, had /ell be fuppofed, that there was a bet'vvcen her Affsclion towi C97 ) "had it been true, it would have immediately oc- cur fd to his wind, and as readily he would given it in atjfwcr. L. Doth not Wcbfitr ftill deny the produ- cing any Gold ? T. No; but pretends the Gold he fhew- ed Osborm , was what he had won at Ga- ming. G. That Sham can't now take, againft his pofitive denial before their Lordfhips. T. I fhall laftly fpeak of Hlme<, and then conclude. It ieems Holmes and his Wife f the Per- jury of thefe perfidious Villains , add the Mathematical Impossibility of the Wound, feeing not above two Inches of the Razor muft be without my Lord's Hand, ( had he done it Jtimfelf ) and yet the Wound above three Inches deep. Moreover, by many Eminent Doclors and Chyrurgions, the Wound is thought to be naturally ImpoTT- ble to have been done by my Lord himfeJf, becaufe upon cutting the firft Jugular Artery, fuch an Efrufion of Blood and Spirit would have immediately thereupon followed, that Nature would not have bxn. ftrong enough for to cut through the other Jugular Arte- ry, to the Neck-bone on the other fide; much lefs , to make fo many, and fo large Notches in the Razor againft the Neck-bone , as an old Foolifh or K - Chyrurgion fug- gefted to the Coroners Jury. Wherefore by what is before obferved, as to the many Contradictions, it plainly appears, that thefe three (as it is faid in the Hiftory of Sufanna, Pafi 61.) are convifted of falfe Relations by their own Mouths; and thofe other Arguments before obferved, are further Deteftions^f thefe three Men's Perjuries. It then remains as at firft, (viz.) That here is a Body found Dead by violent Hands, and the manner of the Death not ( difcovered,(for it can't be,according to thefe three Mens Relations, for the Reafons be- fore obferved). The Conclufion that the Law makes in fuch Cafes, in this therefore holds good , (viz.) That this Honourable Lord was Murdered by the violent and cruel Hands of barbarous and bloody minded Men. Secondly, For the Proof of the Murder. In this I fhall firft conlider what is moll mate- rial, which pafled before my Lord's Death. Secondly, The day of his Death. And then Tlnrdly and Laftty , After the day of his Death!* The ffrft, Before my Lord's Death. I fhall confider, Firft, The previous Refblutions by Pa- pifts to cut my Lord's Throat. And then, Secindiy, The many previous Reports be- fore my Lord's Death , that his Lordfhip had cut his Throat in the Tower. For the firft of thefe, D. S. declares, That about nine Days before the Death of the late Earl of Efiex , foe heard fiveral Papi/ts awful- ting together , comsrning the faid Earl : And O a ' ioo tr .f Informant leard them fay , the Earl of Eflex wjs to be taken off , and that they had been with His Highnefs , and His Highnefs was fir ft for Poyfoning the Earl; but that manner of Death being objected again ft ; it was then ffid, one did fropofe to His Highnefs , Stabbing the Earl; but this way His Highnefs did not like : at length His Highnefs concluded , and ordered his Throat to be cut , and His Highnefs had pro- mi fed to be there when it was done. Some few days after , fome of the aforefaid Perfons declared , It was refolded the Earl's Throat fkould be cut, but they would give it out , that I. e had done it himfelf; and if any (bould deny it , they would take them } and punifh them for it. Secondly, For the previous Reports before my Lord's Death. It's proved by eight feveral Witnefles, That before the Earl's Death, (or before it could be known ) it was Reported , That the Eail of Efflx had cut his Throat in the i Tower ; amongft the reft , it was at froome, which is about an hundred Miles from Lo.'.don, the Wtdnefday Morning ; and at the , fame time , at slndover, about Sixty Miles from London, tho at neither of thefe Places, especially the former , could it then be known , that the Earl was a Prifoner in the Tower, his Lordfhip being not committed to the Tower, till the Tucfday in the After- noon. All thefe Reports agreed in the man- ner Hew , (viz.) cutting his Throat , and the place Where , ( viz. ) the Tower ;^ and (which is further) at ^jjdover, the Wednesday Morning before my Lord's Death , it was reported , not only in the maniisj- How , and place Where, but likewife the pretend- ded Reafon Wherefore , was given; for it was then, and there faid, That the Earl of EJpx being a Prifoner in the Tnver, and un- der.ftanding,that the K. and Duke were come into the Tvwcr , his Lordfliip was afraid the ' .K. would have come up into his Chamber,aild ; fcen him ; of which his Lordfhip's Guilt and ime would not bear the thoughts, and I therefore he did cut his Throat to avoid it. This being declared two days before my Lord's Death, when it could not have been in the leaft fore-thought , that the King and Duke would have come together into the Tower , where they had not been above twice together fince the Reftoration. I fay, This previous Report, which fo particular- ly cloathed this Action with the how, where, and wherefore , clearly proves , That all things were fo refolved upon to be done, or otherwife it is impoflible it fhould have been reported under thefe three Eflential Qualifications, as to Marnier, Place, and Rea- fon , before it was indeed done , efpecially at Xndoicoat : Whereupon the Wife replied, i To'u are a munk-- )>n, which in iuch Cafes efteem Murder Mcr'iorious; thii Gown would have been a cciiilant Mtrfanto of that Blood, for the Concealment whereof, this Garment (in fart) was given. ( T. Sir, I have, as briefly as I well could, ( complied with your requeft,and I hope you ? .ire now convinced of your former Miftake. n G. I do allure you I am, and I give you P many thanks for this great Satisfaction, and J fliall endeavour, what in me lies, to refcue the Memory of this Right Honourable Lord, from that difhonourable, undeferved Im- putation of Self-murder, by laying the Guile at that door which feems mod deferring ; and though herein I may dilpleafe Ibme of my moft intimate Acquaintance, yet I think in JufKce I ftand bound to unde- ceive many of their miftake in this Self-mur- der : Efpecially when thefe, through what I have declared, have been deceived in this Matter; and whatfoever my former opi- nion may have been, through Mifinfor- mation, it is now fuch, that none living fhall more cordially Pray , That the God of jujlice, who hath fo many timti remarkably appeared in the DeteBion and Pumjhment of Blood, may eminently manifcfl himfelf in the full Difcovery and jufl Punijbment