The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness.

The Charge and Defence of Lawrence Brad∣don, and Hugh Speak, who were Tryed at the Kings-Bench-Bar, the Seventh of Fe∣bruary, 1683.

THEY were both Charged together upon an Informa∣mation, That they Conspir'd together, to make the * 1.1 People believe, That whereas the Earl of Essex Mur∣dered himself, and so it was found by the Inquisition, yet that Inquisition was taken unduly, and irrigularly obtain'd, and that they did Conspire to procure false Witnesses to make these things out.

There was a third thing Charg'd upon Braddon, That he went about by Papers and otherwise to publish it, that he was a Per∣son employed to Prosecute the Murther of the Earl of Essex.

For the Information it self there was this Evidence, first Mr. * 1.2 Evans Swore, That he had heard at the Custom-House from the Father of the Boy, as though there had been a Report came to him from home at ten that Morning, upon which the Earl of Essex had cut his Throat, of a Razer thrown out of the Earls Window; and that in the Afternoon he came to him again, and told him, he had examin'd the Matter farther, and his Boy had confirm'd the Truth of it. Farther the same Mr. Evans Swore, That after this, Mr. Braddon and one Hatsal, came to the place where he was in Essex, at what time Hatsal took out of his Pocket a Printed Copy of the Inquisition, and then Mr. Evans said something about the Report he had heard, which seemed to contradict the Inquisition. That some time after being at a Coffee-Hous••, Braddon and Edwards came to him, and there they began to talk, and Edwards said, that Braddon had been with his Child to examine him, to bear Testimony about flinging the Ra∣zor out of the Window, upon the Report which the Boy had made out: upon which he adviz'd them to forbear talking any farther about the Matter, for that it might do Braddon and Ed∣wards both an Injury.

Edwards Swore, that he heard the Report first from his Fami∣ly, * 1.3 and that afterwards the Boy confirmed the Truth of it; but afterwards he heard the Boy had denyed it, which was after Braddon had been there to enquire concerning it. Then he Swore that Braddon came to him again, and that then he had got a note dictated by himself, and not by the Boy, which being tendered to the Boy, the Boy refused to put his hand to it. Upon which Mr. Braddon came again another time, though he was told, the Boy had deny'd it, and then the Boy did set his hand to it. Withal he said, the Boy was us'd to tell Lyes very often, which his Family told him also, and that more especially to make Ex∣cuses when he played Truant.

The Boy being put upon his Oath, with all the tenderness and * 1.4 admonitions that could be us'd, Swore positively, That he told his Mother and Mr. Braddon, what he had Reported concerning the Razor was true at first; but when his Sister bid him be sure to tell nothing but what was Truth, then he said, Truly it was not Truth.

He farther Swore, That Mr. Braddon offer'd him a Paper to Sign, but he would not Sign it: and being ask'd the Question why he would not? He Answered, Because it was not true: and being ask'd whether Braddon had notice of this, both the Mother and Sisters all Swore, That Braddon had notice that the Boy had denyed it. The Boy deny'd also upon his Oath, That he had ever say'd, He was going to see the Lord Gerard of Bran∣don's Lodgings, though Braddon had put it into the Paper which he made him Sign.

He farther Swore, That Mr. Braddon came to him a second time, after he had refus'd, and that then it was that Mr. Bran∣don imposing upon him, and pretending there was no harm to him, but that if there were, it would redound to Braddon him∣self, he was then prevail'd upon to put his Name to that which was notoriously false.

Dr. Hawkins's Son of the Tower deposed, That he likewise * 1.5 played Truant that Morning; that upon the Report of the Earl of Essex's having cut his Throat, he went back to the Tower, and was there a considerable time gaping among the People, and that he saw Edwards's Boy there, that he was there all the time he was there, that they went out of the Tower together, and that there was no such thing, nor any grounds for such a Re∣port.

Mr. Brathwayt, who was present when Mr. Braddon was be∣fore * 1.6 the King, deposed, That the Boy and the Girl were fetch'd and all Persons examin'd, and that after this it was told him, That all that the Boy had said was false, and by his Faith it was a Lye. That Braddon confessed he would have got some Justi∣ces of the Peace to have examin'd the Boy, and to that purpose apply'd himself to Sir Robert Clayton, and Sir John Lawrence, but because they would not do it privately, he would not let them do it at all.

That the right Words of one of the Sisters being examin'd before the King, to the best of his remembrance was, That Brad∣don compell'd the Boy to Sign it.

Mr. Monstevens depos'd, That Mr. Braddon came to him, and shew'd him the Boys Information, which he read, and thereupon by way of caution told him, That he wonder'd Sir H. Capel did not appear in a Matter of that Moment! To which Braddon reply'd, That Sir H. Capel was ill, and could not come himself. But being told that Sir H. Capel was not so ill, but that he had been with the Earl of Sunderland and the King too, since the Death of the Earl of Essex, he made no Answer, only that he did it out of the Duty he ow'd to the Memory of the Lord of Essex.

Sir H. Capel upon Oath declar'd, That Mr. Braddon came to * 1.7 him, to tell him he had some Discovery to make concerning the Death of the Earl of Essex; to whom Sir Henry reply'd, That if he had any thing of that Nature, he should go to a Secretary of State.

Mr. Beech being Sworn, deposed, That when he was seiz'd in * 1.8 the Country by the Warrant of one Mr. Aires, there was found about him severel Informations of his own contriving, as of Edwards's Boy, of the little Girl Lodeman, a L••tter from one Bur∣gess a Pinmaker in Marleborough to the Post-Master of Froom, to this effect: Pray call to mind such a business of a Report of my Lord * 1.9 of Essex's cutting his Throat, upon Fryday the 13th. of July last. Pray recollect your self, and impart it to this Bearer.

In this Letter it appeared, That Mr. Burgess had put it in his Letter the 6th. of June; but upon Mr. Braddons telling him that he had mistaken, it must be the 13th. the same Burges's according∣ly interlin'd the 13th. of July, to make it humour the Story.

Against Mr. Speak there was no other Evidence than the Letter * 1.10 which was taken out of Braddons Pocket in the Country, direct∣ed to Sir Robert Atkins, and by Mr. Brathwayt Sworn to have been own'd by Mr. Speak himself before the King and Council.

The substance of which was, That Braddon, a very Honest Gentleman, the Prosecutor of the Murder of the Earl of Essex,

had made a considerable Discovery of it, notwithstanding the hard stream he ran against. That he had sent him his Man, for fear he should be stabb'd, or knockt in th•• head in those Parts, and desired Sir Robert's advice how he should proce••d, admonishing him withal, to call him by the Name of Johnson. Then going on in the first Person Plural, we hope, said he, to bring on the Earl of Essex's Murder to a Tryal, before th••y can any of th••se in the Tower, &c. We labour under many difficulties, as the Tide runs at pres••nt, &c.

To this the chief of Mr. Speaks Defence was, That he wrote the Letter at such a time at Night, after he had been at the Ta∣vern, * 1.11 that he knew not well what he wrote. That he knew no∣thing but what he had from Braddon, and that he was no other∣wise concern'd, or knew any of the Matter. So that the Lord Chief Justice left it to the Jury, whether they believ'd he had written the Letter with a Design to have the Lye spread abroad, for that then he was as guilty in every Circumstaace as the o∣ther, as to the Design in general laid in the Information; though not equally guilty about the management. For Braddon several Evidences were call'd, who were all examin'd by Braddon him∣self.

Lewis asserted, That one day as he was going up a Hill near Andover, he heard the News of the Earl of Ess••x's cutting his Throat, and said it was upon a Fryday, but what Week or Month it was, only that it was in Summ••r, he could not tell.

F••ilder being call'd, asserted, That at Andover, the Wednes∣day before the Earl Murder'd himself, it was all the talk of the Town, that he had cut his Throat, and that it was all the talk of the Town at that time, though the F••ct were not committed till Fryday; but could not remember the Name so much as of one Person, though the Town were so full of People.

Mrs. Edwards being call'd, asserted, That when Braddon came first to enqu••re about the Boys Report, they were a little start∣led; * 1.12 that thereupon the Daughter went to the Boy, and told him such a Person had been there about such a thing, and bid him speak the Truth. Why? says the Boy, Will any harm come of it? I can't tell, said she, but tell you the Truth. Then said the Boy, All the Story is false.

The Daughter, young Mrs. Edwards, affirm'd the same thing, That the Boy did tell them such a Story at first, but that after∣wards * 1.13 he affirm'd it was all a Story, and meerly his own In∣vention.

Being ask'd by Braddon, whether she did not frighten him, by threatening his Father would be turn'd out of his place? she Answered, No; being upon her Oath.

Jane Loadman being Sworn, deposed, That she saw a hand throw a Razor out of a Window, but she could not tell what Win∣dow * 1.14 it was; presently after which she heard either two shrieks or two groans, she could not tell which. That there were a great many people there, who could not chuse but see the same: but the people she did not know.

Being ask'd whether the Razor were thrown on the in-side of the Pales, or the out-side? she Answered, The out-side, in con∣tradiction to the Boy who had said the in-side. Then again

having Sworn in Braddons Examination, That she saw the Razor thrown out of the Lord of Essex's Lodgings, she deny'd in Court upon her Oath, that she knew where his Lodgings were. In her Information she affirms she heard, Go fetch up the Razor. In Court she Swore, She heard no Souldier speak at all. And all this done in open Day when there were abundance of People there, though she could not tell any particular Body. Upon which the Lord Chief Justice made this Remark, That it was strange, that out of a hundred People, which if the Girl said true, were there, Braddon could not satisfie himself to enquire after some of them, but must pick up a Child of thirteen Years of Age, to practice upon in that villainous manner.

Moreover, by the Accompt which C. Hawley gave of his House, it was impossible that the Girl could see a Coach at the Dore: it was impossible there should be a Croud of people in the Yard, because the Sentinel that stood at the Door must have seen all that past in and out: and besides, the Pales were so high, that nothing could be flung over, that could easily be discern'd.

Mrs. Barton depos'd, That Braddon did engage the Boy at Mrs. * 1.15 Edwards's House to tell Truth, and put him in mind of the 5th. Chapter of the Acts: but observing that after he had so talk'd thus to the Boy, he was going to take Pen, Ink and Paper, and fearing to be drawn in for a Witness, she went out of the Room.

Then Glasbrook being call'd, who had set his Hand to Load∣man's Examination or Information, it was prov'd upon reading * 1.16 the Information to be no more, then that the Girl should say, That after the Earl of Essex had Murdered himself, he flung the Razor out at Window; as if after he had been his own Executio∣ner, he had got to Life again, and threw away the Instrument with which he did the Fact.

Then Smith a Barber being call'd, spoke much to the same effect.

Upon the whole, the Lord Chief Justice so clearly display'd the Contradictions of the Testimony, and the Improbability of the Circumstances, and so plainly trac'd them through all their Ob∣scurities and Ambiguities, that the Jury found Braddon guilty of the whole Matter Charg'd upon him in the Information, and Mr. Speak guilty of all, but Conspiring to procure false Witnesses.

Thereupon the Court set a Fine of 2000 l. upon Mr. Braddon, with Order to find Sureties for his good Behaviour during Life, and to be committed till the same be performed.

Upon Mr. Speak they set a Fine of 1000 l. with the same Or∣der for Sureties and commitment.

Notes

• * 1.1

  The Charge in general.
• * 1.2

  The ••eads of the Infor∣mation.
• * 1.3

  Edwards's Evidence.
• * 1.4

  The Boy upon his Oath.
• * 1.5

  D. Hawkins his Sons Testi∣mony.
• * 1.6

  Mr. Brath∣wayt.
• * 1.7

  Sir H. Capel.
• * 1.8

  Mr. Beech's deposition.
• * 1.9

  The sub∣stance of Bur∣gess's Letter.
• * 1.10

  Speak's Letter.
• * 1.11

  His Defence.
• * 1.12

  Mrs. Ed∣wards the Mo∣ther.
• * 1.13

  Mrs. Ed∣wards the Daughter.
• * 1.14

  Jane Load∣man.
• * 1.15

  Mrs. Barton.
• * 1.16

  Will. Glas∣brook.