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A29092 Essex's innocency and honour vindicated, or, Murther, subornation, perjury, and oppression justly charg'd on the murtherers of that noble lord and true patriot, Arthur (late) Earl of Essex ... in a letter to a friend / written by Lawrence Braddon (of the Middle-Temple), Gent. ... Braddon, Laurence, d. 1724. 1699 (1699) Wing B4101; ESTC R19636 79,731 74

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him who too often abused it This great haste to the Old-Bailey when that Great Patriot but unfortunate Lord Russel was there Trying and the indirect use by malicious Application of this pretended Self-Murther to the taking off him of whom we were no longer worthy This gave to an Honourable person then upon the Bench just grounds to suspect that this Noble Earl was murdered without Form of Law the more easily to destroy that great Lord under colour of Justice The Coroner's Inquisition and the Depositions of Bomeny and Russel being carried in all haste to White-hall in order to their immediate publication they were there perused and it being found that Bomeny and Russel had point-blank contradicted each other for the first as before observ'd had sworn the delivery of the Razor the day before my Lord's Death and the second that it was not deliver'd till the day of his Death These Contradictions were not thought convenient to be exposed lest they should give just ground of suspicion that the whole was forged and therefore a Reconciler was ordered to amend the one so it might be agreeable to the other it matter'd not how inconsistent or contradictory they were in the Original for those could be seen by none but the Coroner himself in whose custody they were and 't was to be supposed that the Coroner would not then dare to contradict what Authority had ordered so to be printed and hereupon was that Alteration made as was before observed in Bomeny's Information page 3. but this done as some years since observed by an Ingenious Author upon this occasion without the least congruity either to Sense or Grammar for nothing can be more apparent than that the foregoing part of the Information relates wholly to Thursday but at last without any regard to what Bomeny had before sworn on Friday the 13th Instant is foisted in contrary to all Rules of Grammar and common measures of Sense as well as Justice which justly esteems this printed Information forged This forged Reconciliation is done with the greatest incongruity and absurdness as well as falseness imaginable and I know not whether the folly of the Suborner for without doubt the Suborner and Reconciler in this case are the same or of the same stamp or the Perjury of the suborned in that false Information be most conspicuous The Soldiers that were in the Tower that morning my Lord was murther'd having made such Discoveries as satisfied them my Lord was treacherously taken off they used too great freedom in their discourse with relation thereunto and therefore as Robert M●ake declared to two who have diposed it An Officer called several of them together and under severe Threatning enjoin'd them not to speak one word of what they had either seen or heard with relation to my Lord's Death Wherefore the said Meake desired his Friends not to divulge what he had told them for should it be known it would prove his rune but some short time after Meake declared as three have deposed That he did believe he should be privately murther'd for what he knew and had said with relation to my Lord's Murther and therefore he desired Bampton or Davidson as they have both sworn to keep him company that very day for he much fear'd he should that very day be destroyed But both of them fearing the danger themselves might be in refusing that very night was the said Meake thrown into the Tower-ditch As for Ruddle before-mentioned all the Information I can have of what is become of him is That not long after my Lord's Death he was drawn out of the Tower and sent to the East-Indies and at Fort St. George shot to death but for what reason I cannot learn There was one Mr. Hawley a Warder in the Tower that very morning my Lord was murther'd and by what he had observed with relation thereunto he had reason to declare to a Friend That it was a piece of Villany throughout This Mr. Hawley being in Westminster-Hall whilst I was upon my Trial said He wonder'd what made me stir in it when to his knowledge I knew nothing of the matter upon which one Mr. B. said Mr. Hawley If you know Mr. Braddon knows nothing in this what must you know to which Mr. Hawley made no reply But this Gentleman's knowledge in the matter cost him too dear for about March next after my Lord's Death being missing one of the Warders suspected to be a Papist said Mr. Hawley had been prating about the Earl of Essex 's Death and therefore was forc'd to fly But six Weeks discover'd how he fled for he was then found in a River by Rochester so changed through the barbarity he had met with that neither his Face or Body could be known by his nearest Relations and his Cloathes were all taken off except his Stockins and Shoes by which he was discovered to be the Man for he wore three Stockins upon one Leg and two Stockins and a Seer-cloth upon the other and as I have been informed the lining of the Toes of his Shoes cut out By these remarkable Circumstances his Wife knew him She had used all possible diligence for finding her Husband in order to which she offer'd in several Gazetts an Hundred pound Reward to any that could discover his Body dead or alive but it was six weeks before he was found Several of the Soldiers in the Tower that morning my Lord was murthered I have been enquiring after but have been told they were kill'd in the West against the late Duke of Monmouth But considering what fate befel Hawley Ruddle and Meake before mentioned I have reason to suspect that other may likewise have been murthered by way of prevention Besides such addition of blood other violent Methods were used to prevent a discovery by punishing such Soldiers as seemed to disbelieve upon very good grounds my Lord 's Self-murtner This appears by this Information following Richard Jorden declareth That some time that Summer the Earl of Essex died and not long after the said Earl's Death he saw a Solder tied to the Wooden-horse in the Tower by order of Lieutenant Collonel Nichols and whipt after a very cruel manner And this Deponent heard the said Lieutenant-Collonel tell the Soldier he ought to be hanged This Deponent further declareth That he was just after informed by the Marshal that whipt the said Soldier that by order of Lieutenant-Collonel Nichols he gave the said Soldier 53 Stripes tho the usual number was but 12. and that the said Soldier had lain a Fortnight before in close custody and been fed with Bread and Water and all only for the Offence following viz. Some short time after the Death of the late Earl of Essex Dr. H. of Norfolk Prebend of Norwich a Divine coming into the Tower the said Soldier was sent with him to shew him the Tower and as the Doctor was almost over-against Major Hawley 's the Doctor asked the said Solder which was the
to truth and hatred of such a treacherous and bloody Murther had not even forced it from them to the hazard of almost their lives by such their Relation 'T is true no man ought to suffer barely upon hear-say Evidence but such Testimony hath been used to corroborate what else may be sworn and of it self may in some cases be enough to give satisfaction in the general of the truth of a matter and no farther is it here us'd and I would have all men consider the many such Testimonies heretofore produced amongst which I shall only mention one which had an immediate relation to my self Mr Blaithwaite Clerk of the Council in 1683. and as I think still in that post at my Trial pag. 22. being sworn on the behalf of the King against Mr. Speake and my self in his Relation of what the Young Edward's Sister should declare to the Council-Board viz. That Braddon compelled the Boy to sign it the Paper the young Edwards signed This you find to be Hear-say-Evidence and the Author the Sister then in Court but testified no such thing therefore this Hear-say-Evidence ought if any ought to have been rejected and yet this Hear-say-Evidence though not confirmed by the Author then upon Oath was not only admitted but ordered to be Printed in the Trial in large Capital Letters How much sooner ought the Evidence of Bampton and his Wife as to what Meake declared and of Hughes and Gladwin as to Ruddle's Account be particularly remarked seeing Meake and Ruddle we cannot now produce in Court as that Author was they especially the first being supposed to be murdered by way of prevention by that bloody Party that murdered my Lord. But the next Account of these two Men being sent as before by His Highness shall be from the first hand Mr. Peter Essington declareth and before the Lords in substance hath deposed That he this Informant was in the Tower that morning the late Earl of Essex died and about a quarter of an hour before the said Earl's Death was discovered this Informant observed His Highness to part a little way from His Majesty and then beck'ned to two Gentlemen to come to him who came accordingly and this Informant did observe His Highness to send them towards the Earl's Lodgings and less than a quarter of an hour after this Informant did observe these very two Men to return to his Highness and as they came they smiled and to the best of this Informant's hearing and remembrance said The business is done upon which His Highness seem'd very well pleased and immediately thereupon His Highness went to His Majesty soon after which News was brought to the King That the Earl of Essex had cut his Throat I do expect that will be objected to this which heretofore hath been viz. That it cannot be thought the late Duke of York admit he was so bad as to give Order for such a Fact would be so impolitick as to send the Ruffians so that any People might see their Mission and their Return But I desire such would consider this Murther in all its Circumstances and then tell me Whether those bloody Varlets had not all the reason in the world to have all the Security could be expected or desired You well know that my Lord of Essex was deservedly very Popular and therefore a Parliament that should have had the least Information of this treacherous and bloody Murther would have prosecuted the matter with all the diligence and vigour such a piece of barbarity deserved Now should they in such their Inquisitions have detected those treacherous Villains these bloody Men without a full discovery must have expected no Mercy and should the Duke have employ'd them in his Closet only and they could not by any Circumstance have given satisfaction that they were his hired Journey-men in this piece of great Service their Evidence against him had not been the tenth part so credible as it would have been could they have proved that they were sent by His Highness towards the Earl's Lodgings just before his Death and soon after returned to His Highness before others knew that this cruel Tragedy was finished This Circumstance I say would have so corroborated their Evidence against their Master that none could in the least have doubted of the truth of their being so employed that were once satisfied they were as before sent by and returned to His Highness This then obliged his Highness under no less obligation than Self-preservation to skreen those his faithful and ready Servants from any Prosecution well knowing that his own Interest and indeed Life was wrapt up in theirs Wherefore I think this matter was very cunningly managed as to the Security of these Cut-throats from the hands of Justice either in their Punishments or Prosecution And it could not possibly have been done with greater Safety to the persons of those that did it The Centinel Lloyd declared He could not be positive whether Major Hawley or the Warder let the men into the outward door But Major Hawley pretends He could not for he as he saith went out of his House at Five a Clock in the morning and did not go nigh his own House till News of my Lord's Death was brought him by Monday the Warder and therefore he could not open the door to any that went in just before my Lord's Death This reason of Major Hawley is equally true with what else he saith in his Defence as appears by this Information RIchard Nicholson in the Ward of Queenhithe Corn-Factor Deposeth That the day of the Earl of Essex his Death this Deponent was a Watder in the Tower and stood Warder at the Inner-Towergate that morning the Earl dy'd before the Earl's Death and by Major Hawley then Gentleman-Porter of the Tower ordered to let no man into the Tower or cut of the Tower This Deponent further deposeth That about Eight of the Clock or a little before whilst this Deponent was Warder at the Gate as aforesaid he did observe the said Major Hawley five or six times turn up towards bis own House through the Gate over-against the Traytors-gate leading towards his own House and about Eight of the Clock the same morning this Deponent was desired by a Stranger to let him into the Tower for which the said Stranger gave this Deponent a Shilling This Deponent let him through the Gate the said Major Hawley thereupon came to this Deponent in great fury and checked this Deponent for letting in the said Stranger into the Tower This Deponent further deposeth That Major Hawley ordered this Deponent with several others to go Warder with the Lord Russel to the Old-Bailey and as this Deponent was going with the Lord Russel to the Old-Bailey viz. about Eight of the Clock he passed before Major Hawley's House and did observe Major Hawley then to go into his own House Jurat ' 9º die Aug. 1689. coram me Tho. Pilkington Mayor Richard Nicholson That Major Hawley was in
Feet and could not discern either of them par'd or scrap'd I shall now prove Bomeny's Relation to be false by what Russel swore and Russel's Deposition forged by what Monday declared the very day and some time after my Lord was murdered and Monday's Account in every material part a fiction by the Depositions of the two former In order to which I shall give you Bomeny's first Information taken in the Coroner's own hand which is as followeth THE Information of Paul Bomeny saith That the Earl of Essex on the 11th instant did speak to this Informant to bring him a Penknife to pare his Nails but this Informant could not then get one The Earl of Essex called to him again on Friday the 13th instant about Eight of the Clock in the forenoon did again speak to this Informant to bring him a Penknife to pare his Nails But this Deponent telling him that he had not one his Lord commanded him to bring him a Razor which he did accordingly and then his Lordship walked up and down the Room scraping his Nails with it and this Informant then left him and coming about half an hour afterwards up into the Bed-Chamber found his Closet-door fast whereupon this Informant knocked at the door and called My Lord My Lord but he not answering pushed the door a little open where he did see his Lord lying all at length on the ground in his Blood with the Razor near him on the ground And further deposeth That he hath not any Papers of his Lord's nor doth know where any of his Papers or Writings are And also That on Thursday night last was very merry at Supper and did not seem to be discontented the next morning This Information is verbatim as the Coroner took it from Bomeny's own mouth But the Coroner proceeding to ask further Questions Bomeny began extremely to hesitate and thereupon desired he might write his own Information which being granted he retired from the Coroner and Jury into the next Room where having been some considerable time he brought the Information first mentioned according as it is there observed to be in the Original James Whitechurch declareth and in substance before the Lords hath deposed That the very day the Earl of Essex died he went with one George Jones to the Tower to discourse Nathanael Monday concerning the Death of the said Earl and when they came to the Tower meeting with the said Monday he gave them this Account That as soon as the Gentleman Gaoler had opened my Lord's Chamber-door that very morning he the said Monday by Order went into my Lord's Chamber and tarried there because their Orders were That one of the Warders should be in his Lordship's Chamber and the other at the Stairs-foot and that they had this farther Order Not to suffer his Lordship to have a Knife or any thing like it but whilst he used it in cutting his Meat and that being done all Knives and such-like were to be taken from him with which Orders having acquainted my Lord his Lordship answered He should take nothing ill from them in observing their Orders This Informant further saith That the said Monday did then declare That he tarried with my Lord in his Chamber two hours or better that very morning and that whilst he was with my Lord in his Chamber he did observe his Lordship pared his Nails with the Heel of a Razor This Informant further saith That the said Monday did further declare Before he left his Lordship and went down Stairs to stand below he called up Russel his fellow-Warder to stand in his Chamber and as he went down Stairs he lighted his Pipe and sate at the Stairs-foot but before he had half smoaked his Pipe he heard it cried above stairs That my Lord had cut his Throat whereupon he the said Monday ran up stairs and pushed the Closet-door open and there found my Lord dead This Informant further saith That the said Monday did further declare That when he came up stairs he asked Mr. Bomeny and Russel Where they were whilst my Lord was in the Closet The said Bomeny answered He was sitting upon the Bed in my Lord's Chamber and the said Russel declared He stood at my Lord's Chamber-door just without the door Whereupon he the said Monday as the said Monday declared checked the said Russel for not keeping in the Chamber according to Order Richard Jordan declareth That on the day Mr. Braddon was tried in Hillary-Term 1683. upon the account of the late Earl of Essex this Informant heard Nathanael Monday declare That the very morning the late Earl of Essex died as soon as the Gentleman-Gaoler opened the Chamber-door which was about Seven of the Clock the said Monday stood as Warder above-stairs upon the said Earl and at the first opening the door did observe the said Earl to have a Razor in his hand paring or scraping his Nails with it and this the said Monday declared he saw a long time before Russel stood Warder above stairs upon the said Earl By these two Informations you may perceive what Monday declared My Lord had this Razor in his hand about Seven a Clock in the morning long before Russel came up stairs to stand Warder upon my Lord and that my Lord pared his Nails with the Heel of the Razor By the way I cannot but here take notice of what Monday would have insinuated viz. That the Government was jealous my Lord would destroy himself for otherwise how should there be Orders given not to suffer his Lordship to have a Knife c This was said the more easily to induce people to believe that my Lord did indeed cut his own Throat but Monday will not now pretend such Orders were given him And observe how inconsistent Monday's Relation is for he pretended that they had Orders not to suffer his Lordship to have a Penknife or Razor c. and yet at the same time confessed he left this Razor with his Lordship Russel the Warder hath before deposed and now declares That this Razor he saw Bomeny deliver to my Lord whilst he stood Warder at my Lord's Chamber-door after Monday was gone down stairs Let us now compare these three mens Relations as to the time of delivery of the Razor by doing which it will plainly appear that no Razor at all was delivered to his Lordship For the clearer understanding hereof I suppose Bomeny under Examination with the Jury and answering according to what he hath sworn Jury Did you deliver this Razor to my Lord Bomeny Yes Jury When did you deliver this Razor to my Lord Bomeny About eight of the Clock that morning my Lord died This is according to what he first swore but he then withdraws to write his own Information which point-blank contradicts this his Oath in that particular for he is then examined and answereth as followeth Jury Do you remember the very time that you delivered the Razor to my Lord Bomeny Yes Jury When did
the Razor through the Chink he call'd Russel the Warder and Russel push'd the Door open and in his k Speak and Braddon 's Trial p. 55. third Oath declar'd he knew not who open'd the Door Russel l Page 4. depos'd before the Coroner That he first open'd the Closet-door the Key being on the outside and he mentions no difficulty in the doing it but Monday m White-church 's Inf. page 35. declar'd the day my Lord dy'd and n Jord Inf. page 36. afterwards confirm'd the same that my Lord's Body lay so close against the Door that neither Bomeny nor Russel could stir the Door but he being much stronger than either thrusting with all his might broke it open These Mens Depositions and Relations THUS AGREEING in every part in proof of the Self-murther can't but satisfy all men except such as are like my self of strong imaginations and too easily inclin'd credulously to believe the contrary And whereas Bomeny Monday and Russel have o Bom. Dep. p. 2 3. Bom. Dep. 35. Speak and Braddon 's Trial p. 57. depos'd or often declar'd That the Razor was lock'd into the Closet with the Body and p Mond and Russ in their Examination before the Lds. no Razor thrown out of my Lord's Chamber-window before his Death was discover'd It 's q Vide ante page 42. the Second Column prov'd I do humbly conceive to the satisfaction of more than the Credulous that there was a bloody Razor thrown out of my Lord's Chamber-window which is about sixteen Foot from the Closet where the Body lay and the Maid who caried up this Razor first Discover'd my Lord's Death to those out of the House wherefore the Razor was afterwards laid by the Body for to colour the pretended Self-murther and when my Lord's Body was seen in the very posture in which the Warders pretended it was first found his Lordships legs r Turner and Peck p. lay part outside the Closet-door and therefore the Door could not be lock'd and upon his Stockin the print of a bloody Foot coming out of the Closet wherefore somebody before that and after my Lord was Dead had come out of the Closet Is there not rational grounds from the many contradictions before observ'd for any man tho not possess'd with prejudice against the Self-murder to believe that there was no Razor delivered to my Lord just before his Death nor the Closet-door lock'd upon the Body or the Razor first found lying by the Body as these have Sworn whose Interest and Lives depend upon the proof of the Self-murder and consequently their relation a forgery throughout by which they would prove his Lordship Felo de se But farther to excuse from partiality such as disbelieve the Self-murder upon the Evidence before observ'd in all parts contradictory and from credulity because they are perswaded that his Lordship fell by treachery and violence seeing they find it s D. S. p. 22. Sworn to this effect viz. That about nine days before my Lord's Death the Papists declared That because the Earl of Essex knew so much of their designs and was so very averse to their Interest he was to be taken off and that his HIGHNESS HAD CONCLUDED AND ORDER'D HIS THROAT TO BE CUT and had promis'd to be there when it was done and about three days after these men said that it was resolved the Earl's Throat should be Cut but they would give it our he had done it himself and if any should deny it they would take them up and punish them for it and the very day it was done after my Lord's Murder they seemed extremely overjoy'd and confessed THEY HAD DONE THE FEAT AND COULD BUT LAUGH TO THINK HOW LIKE A FOOL THE EARL OF ESSFX LOOKED WHEN THEY CAME TO CUT HIS THROAT and that this is not a new made Story but long since revealed to many who did caution this Deponent to secrecy appears by the Testimony of t Mr. Rowden Mrs. Rowden Mrs. Mary Rowden Mr. Adams Mrs. Adams Mr. May and Mr. Tourny p. 23 24. six or seven Witnesses and for a farther confirmation of the truth of that Consult u Mrs. Hewits Christophers and Mrs. Swans p. 24 25. three Depositions which were made to destroy the Creditt of that Deponent are detected and by v Morris Dupine Baldham Doushwait Bond and Mr. Welstead p. 24 25 26. many Witnesses proved false in every part but as farther rational grounds and not strength of imagination for this barbarous Murther x Mr. Hubland Mrs. Hubland Mrs. Meux Trehem Burgis Savage and Mr. Butteo Maynoe will attest the same p. 26 27. Eight Witnesses have proved That before the Earl's Death or before his Death could be known was it reported in many Parts of England that the Earl of Essex had cut his Throat in the Tower all these several previous Reports agreed in the manner how viz. cutting his Throat and place where viz the Tower though at some of those Places when so reported it could not be known that the Earl of Essex was a Prisoner in the Tower and one of these previous Reports the next day after my Lord's Commitment viz. the Wednesday pretended to give the reason wherefore the Earl cut his Throat that is to say because the King and Duke being in the Tower he was af aid his then Majesty would have come up into his Chamber and seen him but his Guilt and Shame was such as he could not bear the thought of it and therefore cut his Throat to avoid it this being said about 60 miles off two days before the King and Duke went to the Tower and the very next day after my Lord's Commitment wherefore many that are not of too strong an imagination credulously to believe without grounds from those very particular previous Reports as to manner place and pretended reason are apt to think that the MANNER HOW THE PLACE WHERE AND PRETENDED REASON to be given out WHEREFORE were all previously agreed upon some days before my Lord's Death for they cannot perceive how my Lord's Death in all its parts as it was afterwards pretended to be acted could be so particularly related in so many and far distant Places from each other And though those who had my Lord in close Custody Monday Rus-declare this before the Lords to excuse themselves from a barbarous and bloody Treachery did declare That no men were let in to my Lord that morning he died yet many rational men not credulously inclin'd to believe without cause are verily persuaded to the contrary because it is y Hughes and Gladwin Bampton and his Wife 29 30. proved That two Soldiers who have been prevented from giving their own Relation the day of my Lord's Death declared That they saw His HIGHNESS send two men to the Earl's Lodgings to murder the Earl and that his HIGHNESS did send two Men towards the Earl's Lodgings just before his Death and tbat these two Men