Murther will out, or, A clear and full discovery that the Earl of Essex did not felloniously murther himself but was barbarously murthered by others both by undenyable circumstances and positive proofs / by Coll. Danvers.

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Title
Murther will out, or, A clear and full discovery that the Earl of Essex did not felloniously murther himself but was barbarously murthered by others both by undenyable circumstances and positive proofs / by Coll. Danvers.
Author
Danvers, Henry, d. 1687.
Publication
[London :: s.n.,
1689?]
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Subject terms
Essex, Arthur Capel, -- Earl of, 1631-1683.
Cite this Item
"Murther will out, or, A clear and full discovery that the Earl of Essex did not felloniously murther himself but was barbarously murthered by others both by undenyable circumstances and positive proofs / by Coll. Danvers." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A36606.0001.001. University of Michigan Library Digital Collections. Accessed May 22, 2024.

Pages

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The Proofs both Circumstantial and Positive, that the E▪ of E▪ did not Felloniously Murder himself, but was Barbarously Murdered by others.

1. THat he did not Murther himself you have evinced. 2. From the Im∣probalities that he should do it. 3. From the Impossibilities that he could so do it.

2. That he was Murthered by others you have made good. 1. By undenyable Circumstances. 2. By Positive Proofs offered.

1. That the E. of E. did not Murther himself, as the Inquest declares: appears.

1. From the Improbabilities that he should so do;

1. Because of that excellent sedate and well composed Natural temper he was well known to be of, and free from such Melancholy and Frensical fits, which might incline and expose him to such a mischief, what ever maliciously and falsly had been said to the contrary.

2. Because of that grace and fear of God, he was so eminently endowed with, which would secure him from such impiety.

3. Because of that abhorrency by Principle which he was well known to have of such unnatural practises (whereof he could not speak without great emotion of Spirit) what ever the better to colour the Murther, and fix it upon him, had heen most villanously reported, and spread abroad, to the contrary.

4. Because of the careful Provision he made for his own preservation, after he came into the Tower fearing the worse, 1. By sending for his own Silver Vessel to dress his Meat in by his own People. 2. By that store of all sorts of Wine, he had ordered to be laid in for his own drinking. 3. By the direction he had given to his Servant, to take Notes of my Lord Russels Tryal, that very day for his own use, all ample indications he de∣signed self preservation; not self destruction.

5. Because, as his Conscience was clear from any Treasonable Guilt, (whatever to the contrary has most wickedly been suggested) so was he free from either Legal Witnesses, or Conviction, there being no Bill of In∣dictment found against him, as against others the day before, which might sufficiently secure him from needless fears, or any such desperate course, tho had his zeal and affection to his King, Country, and Religion, (whom he might apprehend to have been in danger) transported him to any irre∣gularity, his Fathers, as well as his own, extraordinary merits, from the Crown; might well be supposed (from so grateful and compassionate a Prince) would plead his Pardon, and free him from such desperation.

6. Because of that intire Love and Friendship he bore to his most dear Friend the Lord which both in Honour, and Conscience▪ would forbid

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and deter from such an Action, which must so necessarlly tend to the cer∣tain ruin and destruction of his best Friend, and which fell out accordingly from the sinister construction they made thereof.

7. Because of the previous notice given thereof in divers places, which to be sure he would never have done, had he designed any such thing.

2. From the Impossibilities that he could so do as the Inquest declares.

1. Because it was impossible that he at one cut (as the Verdict saith) could cut 4 Inches in depth, and 8 in length, because none can manage his hand, to guide a Razor so to do at once, viz. From the left-side of the Neck-bone, to the right.

2. Because it is impossible that with that French Razor, which was but 4 Inches and a half long, and without a Tongue (necessitating to take 2 Inches and a half at least in his Hand) that he could with 2 Inches of such an Instrument cut 4 or 5 Inches in depth and 8 or 9 in length.

3. Because it is impossible in Nature that when he had cut the left Jugu∣lar and Wind-pipe to the Neck-bone (which let out so much of the Blood and Vitals) that he could have either life or strength, to proceed to cut the other also, as all skilful Chyrurgeons and Anatomists can demon∣strate.

4. Because it was utterly impossible, that after he had lockt himself in∣to the Closet, he could so cut his Throat as it was, and then open the Closet Door, and fling the Bloody Razor out of the Chamber Window, at such a distance from the Closet, and then get the Razor up again, and keep it in his hand (as some) or fling it by him (as others) and all this after he was Dead, for he instantly dyed saith the Inquest, and none but himself in the Room say their Witnesses, therefore it was impossible he could with that Razor so Murther himself. And that the Bloody Razor was flung out of the Chamber Window, is made good by no less then 10 Witnesses.

Thus have you some Grounds and Reasons (from the improbability and impossibility of the thing) to clear his Innocency from the Horrid Fact, so impudently charged upon him, and consequently the guilt of others, and which may be sufficient to all wise Men, to detect the Murther, and inforce a review, if no other Evidence could be produced: ten fold less, has done it, in other Cases, it being so difficult many times to get light, and trace such Secret hidden works of darkness, as Sir Fran. Bacon elegantly in Sir Tho. O. case tells us, That wise men must take upon them in these Secret Caset, Solomons Spirit, that when there could be no Witnesses, Collected the Act by the Affection, viz. When he used the Stratagem about dividing the Child, but this you'l find is not our case, providence having given us a larger pro∣vision as you will further hear.

Secondly that he was Barbarcusly Murthered by others appears. 1. By the

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undeniable Circumstances arising 1. From the previous Reports. 2. From the corrupt and partial Proceedings of the Coroner and his Inquest. 3. From the Conspirators Villanous ends. And 4. From the wicked Methods used to stifle it.

1. By the undeniable Circumstances arising,

1. From the many previous Reports which they had spread of his self Mur∣ther (a Method the Papists have therefore taken (but the Policy thereof ne∣ver understood.) viz. When the stobbed H. the Fourth of France, burnt London, assassinated Sir E. B. G. and murthered Hawly the Warder) of which, divers undeniable Proofs have been, and are ready to be produced, of such Reports, not only in London, but 50. 60. 80. 90. 100. Miles off; in some places a day, in some two days, in others (at a great distance) the very Day he was murthered: And as most remarkable (as God would have it) all agreeing in the very manner thereof, viz. Cutting his Throat in the Tower, At Andover, 60. Miles off, they had the Report of his Cutting his Throat in the Tower the 11th. of July. which was the first day of his Impri∣sonment there (for by reason of his late Commitment, the Night before he lay at the French Lord Fevershams in White-hall) which sufficiently discovers what they designed before hand, for if this Report came from London, it must be before he was a Prisoner, at least in the Tower, and two days before the thing was done.

2. From the irregular, corrupt, partial and unjust Proceedings of the Coronor and his Inquest.

1. That one Farnham, said to be a Deputy Coroner, which the Law knows nothing of, and to be sure a Legal Coroner he was not, Sir Thomas Stringer, the Steward of the Tower, being the proper Officer, and accountable for that great Trust, but this is the Tool who must be brought forth to do the Job.

2. That none of the Relations were summoned to attend the Inquest, which by known Usage ought to have been.

3. That contrary to the known Custom and Usage, not only of our own, but other Nations, as well as the Kings special and express Command, the Body was removed from the Place and Posture it was said first to be found in, stript, and Cloaths taken away, and Body and Rooms washt from the Blood, to prevent the Notoriety of the Fact upon the View, and as said, by the new Coroners Contrivance or Consent (which makes it the more hainous and suspicious:) For had it remained in the Place and Posture it was said first to be found in, the print of the bloody Foot upon the Stockings, the Cravat or Neck-cloth being cut in four pieces in the middle, and the contrary Witnesses, who spake both as to Place and Posture, would have clearly discovered the Murther. The notched Razor, and cut Hand, being most pregnant Cir∣cumstances, yet little regarded.

4. That the Jury excepted against the removing of the Body from the

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Posture and Place, and demanded a View of the Cloaths, which William Fisher did by Name, yet was denyed the same by the Coroner, after he had been in the next Room with some of the Conspirators, who had call'd him out upon that Demand, and who upon his return to the Jury again did de∣clare to them (as ignorantly as wickedly) that they were to sit upon the Bo∣dy, not the Cloths

5. The partial examination of Witnesses, that though there were several in and about the House when the Fact was done, yet only Bomeny and Russel who they might justly suspect to be privy to it, must be the principal Wit∣nesses they'l examine in the Case, taking little notice of Peck, Munden, Loyd, Captain Hawly himself, or the two Women.

6. The little regard had to the notorious Contradictions in the Witnesses, they did, or might examine, Bomeny telling them, the Razor was given him (wherewith he cut his Throat) the 12th. of July, and Russel the 13th. Bome∣ny, that Russel broke open the Door, but Russel, that he easily opened it with the Key on the outside; Bomeny, that he could only through the Chink of the Door, see some Blood, and some part of the Razor; but Russel, that he could through the same Chink see the whole Body; Bomeny and Russel, that the whole Body lay in the Closet, and none of it to be seen in the Cham∣ber, but Peck and others, that part of it lay in the Chamber; Bomeny and Russel, that they were absent but a quarter of an hour from my Lord, but to others, Bomeny owns he was absent from him two or three hours, insomuch as he was cold and stiff before he saw him, some, that he was found lying, others kneeling.

7. That they unduly suffered themselves to be hurried into a Verdict by the Message brought them by Captain Hamly in the Kings Name to hasten the same, as though the Death of so great a Man, and in that place too, deserv∣ed not a serious and due Search, especially when they saw such foul play offered them, by removing Body and Cloaths, and denying a View of the Cloaths, and when none of the Relations present, and so few of the Witnes∣ses examined, and those in so much Contradiction too.

8. By the unheard of drawing up the Verdict, which was done, not by the Coroner, nor by the Jury amongst themselves, as it ought to have been, but by one of the Conspirators themselves in the next Room, who sent it to them by Bomeny, and which they signed accordingly.

9. By giving so wicked and false a Verdict upon their Oaths, which was this, viz. That the Earl of Essex being the 13th. of July alone in his Chamber, did with a Razor voluntarily and Feloniously cut his Throat, giving unto himself one mortal Wound, cut from one Jugular to the other, and by the Aspera Arteria, and the Wind∣pipe, to the Vertebres of the Neck, both the Jugulars being throughly divided, of which said Wound the Earl instantly died.

This was the Conspirators Diabolical Writing, which they imposed

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upon the Jury, and they made their Verdict both Coroner and Inquest, by subscribing it.

It falsly saith, he was alone in the Chamber, whereas by the flinging out the bloody Razer, as well as by sufficient Testimony it will appear, that several went up and came out at that time.

It also falsly saith, he did give himself with that Razer one mortal Wound, of such a length and such a depth, which are utter impossibilities as before.

3. From the Villanous ends the Conspirators had to effect and carry on hereby, viz.

1. To confirm a Protestant Plot, a thing which they had long and often laboured, and as often been disappointed in, and which was so improved by the Atturney General, as 1000 Witnesses to make it good, as also by the Lord Chief Justice as the Finger of God, to convince all the World thereof, the sad consequence whereof hath since been so severely felt.

2. Utterly to stifle the Popish Plot, witness the Bailing the Popish Lords, impeached and committed by Parliament, out of the Tower, and the publick Prints to redicule the same ever since.

3. To destroy the Lord Russel, and therefore done at the very instant he was to come to his Tryal, and so improved by the Lawyers to the Jury, which some of them have owned, did more prevail with them to bring him in guil∣ty, than any other Proof produced against him.

4. That they might remove out of the way so great a Champion of the Protestant Cause and Interest, who by his great Imployments and Trusts in this and the other Nation, had gained so perfect knowledge of their Popish horrid Intreagues, the way they have taken of old, both in this and other Na∣tions, and whereof divers Instances might be given, besides that of Sir E. B. Godfry, whose Wounds bleed a fresh at the mentioning hereof.

5. That hereby they might carry on a Hellish Design against the King himself, as though he had been privy thereto, by not only butchering him in that his Royal Prison and Palace (where by the Law he becomes Pledge for the Safety and forthcoming of the Prisoner) and at a time when he was there in Person, where he had not been for divers years before; and as though he came purposely to order the doing thereof, and to intitle the Government to it. Which the Lord Chief Justice doth so often inculcate: If he was indeed then murthered by others from the Kings presence there [in Bradns Tryal] as also by that their horrid Presumption, in sending in the Kings Name to hasten and hurry the Jury into that corrupt Verdict, and so daringly and contemptuously to remove the Body contrary to the Kings express Command by a Person of Quality.

4. From the Methods which have been used to stifle the Discovery hereof, and to deter Men from inquiring into the Matter.

1. By the Lawyers and Judges, who have declared, that whoever went

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about to prove the E. of E. murthered, did no other then libel the Govern∣ment, and bring the Guilt of his Blood upon it.

2. By the strict Command given by the Officers of the Guards in the Tower the day after the murther, to all the Souldiers, not to speak one word thereof at their Perils.

3. By the severe prosecutions, and persecutions, of those who have ap∣peared herein, both as to their Estates, Persons, Lives, and Liberties.

Witness, the turning out of old Edwards from his place in the Custom∣house, wherein he had been 39 years, for only bidding his Son upon his Bles∣sing speak the truth in the Case; and the many severities to Mr. Bradon for declaring what others had said about it; and the severe dealing with Mr. Hugh Speak for the same; as also that late cruel usage of that poor Souldier in the Tower, because he would not affirm the E. of E. murthered himself; who was first whipped with Cords till the Skin was flay'd off. 2. After that Scourged with Rods. And 3. put upon the Wooden-horse with 6 Mus∣kets at his Heels, Sword broken and casherd. But especially the de∣struction of Rob. Meak the Sentinal, for telling what he heard and saw that day of the bloody Tragedy; whose Neck was therefore broke, and flung into the Tower Ditch; who declared before hand to his Friends how his life was threatned for the same. As also Hawly the Warder who was ser∣ved in like manner for blabbing, whose murthered body was about a Month after it was missing, taken up near Rochester, where a great Popish Lord declared several days before he was found, that he had there drowned himself.

4. By the endeavours which have been used to prevent the Review which by 2 Letters to 2 Noble Men, and the Letter to the Lady E. sent open by a Messenger to Cadman the Bookseller, which he brought to Justice Henton, and he to the Secretary; all of them purporting a discovery up∣on Indemnity and a Review, but all in vain.

2. By Positive proofs, attesting the Murther, that if Indemnity may be granted as was offered in Sir, E. B. G. case; and a fresh Legal Enquiry, as in Sir Tho. O. Case, and others, there will then be produced positive Evidence, which will declare who were the contrivers and Authors, who the Actors and Abetters of this Barbarous detestable Murther, describe the Instrument with which it was done, and which was made on purpose for the same: The rewards and preferments to the respective Actors therein, with all the material Circumstances about it. Which enquiry, was succesfully made in Sir Tho. O. case, after the Coroners Inquest had found it (as said) a natural death. And by which after more then 2 years stifled by a high hand; The then Principal Minister of State, and his associates with the Lieve∣tenant of the Tower and others were searcht into, found Guilty, and many of them Executed for that horrid Murther, committed upon that Innocent Gentleman in the Tower▪

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