The King's Council , were , Attorney General Sawyer Solicitor General Finch , Jenner , Recorder of London , Mr Dolben , Mr North , Mr Jones .

Council for the Defendants , were , Mr Wallop , Mr Williams , Mr Thompson , Mr Freke .

Mr Dolben opened the Information to this effect , That whereas the Earl of Essex upon the 10th of July last , was committed to the Tower for Treason , and did there Murder himself , as was found by the Coroner's Inquisition ; yet , the Defendants , designing to bring the Government to hatred , the 15th of August , conspired to perswade the King's Subjects , that the said Earl was Muedered by certain Persons unknown ; and to procure false Witnesses to prove , that he was not felo de se , but was Murdereds and that they did malitiously declare in writing ; that Mr Braddon was the Person that did prosecute the said Murder , to the scandal of the Government , &c.

Then the Attorney General brought in Evidence , Sr Leoline Jenkins his Warrant , for the Commitment of the Earl to the Tower ; and the Inquisition of Mr Farnham the Coroner taken by this Jury . July 14th 1683. viz. Samuel Colwel , William Fisher , Thomas Godsell , Thomas Hunt , Natha . Mountney , Thomas Potter , William How , Robert Burgoyne , Eleazar Wickens , Thomas Hogsflesh , Henry Cripps , Richard Rudder , William Knipes , John Hudson , John Kettlebeater , Lancelot Coleson , Morgan Cowarne , Thomas Bryan , William Thackston , Richard Cliffe , Zebediah Prichard , William Baford , and Theophilus Carter .

Which Jury had found , that the Earl of Essex was Felo de se .

Then , the Witnesses for the King being called , Mr Evans was sworn , and the Attorney General suggested , that he and old Mr Edwards would prove , that Mr Braddon went about and declared , that the Earl of Essex was Murdered ; and that he was the Prosecutor of the Murder ; but neither of them answered expectation in that matter .

Mr Evans testified , that Mr Edwards told it to him and others for News , at the Custom-House that fore-noon of the day of the Earl of Essex his death , that his Son said , that he saw a Razour thrown out of the Earl's Window . That upon the Munday after ( which was July the 16th ) Mr Braddon came with Mr Hatsel to his House , where Mr Hatsel shewed him the Coroner's Inquisition in Print ; which having read , Mr Evans told Mr Hatsel what he had heard from Mr Edwards at the Custom-House ; And he said , that Mr B. did not concern himself , or say any thing , though he might hear Mr Evans his discourse with Mr Hatsel , he being walking about the Room .

Mr Evans added , that upon the 17th of July , Mr Edwards and Mr Braddon found him in a Coffee-House ; and Mr Edwards then told him , that Mr Braddon had been with him , examining his Son about a Razour that was thrown out of the Earl of Essex his Window .

Mr Edwards testified , that about ten of the Clock , the day of the Earl's death , he was informed by his Family ; and by his Son , that same day at noon , that his Son came from the Tower about ten of the Clock , and said , that he had seen the King and Duke , and that the Earl of Essex had cut his own Throat ; and that the Boy saw an hand throw a Razour out of the Window ; and a Maid in a white Hood came out of the House and took it up , and then go in again ; and that he heard a noise as of Murder cryed out .

Mr Edwards acknowledged , that he told several at the Custom-House the same day , what the Lad had declared ; and that Mr Bradden came not to make enquiry about it , till Tuesday the 17th of July ; before which time he never knew Mr Braddon ; that he then told him what report the Boy brought home ; and added , that the Boy never denyed it before Mr Braddon came , but did afterwards that same day deny it , as his Wife and Daughter informed him ; his Sister having put him into fear about it ; and that Mr Braddon did not desire the Boy to give it under his hand , till he had been there two or three times .

William Edwards the Son , aged 13 years , was then sworn ( his Father like a very honest Man charging him in the presence of Almighty God to say nothing but the truth ) he said , that he told his Father that he saw an Hand cast out a bloody Razour , and a Maid come out and take it up , and go in again . That Mr Braddon asked him what he saw at the Tower , and that he told him as he had told his Father ; and that Mr Braddon bad him speak the truth , and wrote down what he told him , and nothing more ; and then read it to him ; and ask'd him whether it were true , and that he told him , that all that was in the Paper was true , and that he then put his Name to it .

Then , the Chief Justice and King 's Counsel interrogating him , he said , that he did at first refuse to put his Name to it , because he was afraid of coming into danger ; and being further pressed , he added , that the reason why he feared danger was , because what was in the Paper was not true ; but confessed that he did not tell Mr B. that it was not true , but that his Mother was afraid to have him sign it ; and declared , upon the question put to him , that Mr B. did not offer or promise him any Money .

Thomas Hawkins , Son of Dr Hawkins of the Iower ( Protestant Confessor to Fitz. Harris the Papist ) being produced to contradict young Edwards : The A. General suggested , that they were together the whole Morning , and that there was no such thing of the Razour , as Edwards had declared ; but this Lad only testified that young Edwards and he , walked round the Tower , as long as the King walked ; & that when the King went into the Constable's House , they went to play , & after their play , he left Edwards & went home ; and that after he had been there a little time , news was brought to his Father , that the Earl of Essex had killed himself ; and that thereupon his Father went down , and he followed ; and after he had been a little while there , William Edwards came , and they stood looking up at the Window an hour or two ; and went away together ; and that he saw no Razeur thrown out .

Upon this Mr A. General , in a reproachful way said , My Lord , This rumour began in a Fanatick Family ; he might have been justly answered , that Mr Edwards his Family , was , and is of as good reputation as one certain Doctor 's ( not to vie with more ) where the stifling of such Evidence as ran against the Stream , had been some Years before notoriously practised .

But to return to the matter in hand , is it not most evident , that Mr Attorney was not rightly instructed ; For 't is manifest that the Lads were parted when the Murder was committed , and the Razour thrown out ; the young Doctor declaring , that he was in his Father's House , when the news of the Earl's death came ; and then went with his Father to the place ; and 't is more then probable , that in the crowd and distraction , which must necessarily be there , he might not at his first coming see young Edwards .

Next Mr Blathwayte and Mr Mon-Stevens ( the Earl of Sunderland's Secretary ) were called and sworn .

Mr Blathwayte appeared , rather as an Advocate , than a Witness , against Mr Braddon .

They testified Mr Braddon's bringing the Information of young Edwards , to my Lord Sunderland the Secretary's Office , and that Edwards declared before the King , that what was contained therein was not true , and yet Mr Braddon would prosecute it .

The Information was then read , to this following effect , July the 18th 1683.

The Informant saith , that on Friday the 13th instant , he heard that the King and the Duke of York , were going to the Tower ; and that he went thither to see them ; and then went about nine of the Clock , to see the Lord Brandon's Lodgings , and as he was standing between these Lodgings , and the Earl of Essex 's , he saw an Hand cast out a bloody Razour out of the Earl's Lodgings , and he was going to take it up , but before he come to it , there came a Maid running out of Captain Hawley's House where the Earl ledged , and took up the Razour , and carried it into the House ; and the Informant believes it was the same Maid , which he first heard to cry out Murder ; and saith , that he heard the Maid say to some about the Door , after Minder was cryed , that she heard the Earl of Essex groan three times that Morning .

Sr Henry Capel was then produced to thew , as the Council urged , that Mr Braddon prosecuted this matter on his head .

He testified that Mr Braddon was twice with him , and that he told Mr Braddon , that he was under great grief ; and that whatsoever he had to say in the matter , he desired him to acquaint a Secretary of State with it .

* * This very man Beech , was the head Prosecutor of all Protestant . Dissenters in the North of Wittshire ; and many of them paid him a yearly Tribute to avoid his rage . When his present Majesty Landed , he said , that he hoped to see them hang'd that went in to him . But a more famous Story of his Life was ; That his Father telling him , that never Man was cursed in a Son , as he was in him ; he replyed . That he knew one who was more unhappy , which was his Grandfather in him ; upon which occasion , and for his constant course of disobedience , his Father deservedly disinherited him . Becch ( who occasioned Mr. Braddon to be seized in Wiltshire , at the time when he went to make enquiry there , about the Reports of the Earl's having murdered himself , before he was dead ) testified , the taking from Mr Braddon a Letter of Mr Speke's , to Sr Robert Atkyns , which was to this effect , ( viz. )

That the bearer Mr Braddon , was a very honest Gentleman ; and it was his fate , to be the only Person that prosecuted the Murder of the Earl of Essex : That he had made a considerable discovery already of it , though he rowed against an hard stream .

That it could never have fallen on so fit a Man ; for he had been an hard Student , and was of very good Reputation and Life , and had a great deal of Prudence , and as much Courage as any Man . That Mr Braddon went away Post towards Marlborough , to make some further discovery ; and seeing he went into those parts , Mr Speke thought it not amiss for Mr. B. to advise with Sr R. Atkyns , how he had best proceed . That he had charged Mr B. not to discover who he was , lest it should be known that he had been with Sr Robert Atkyns ; for he would not for the World that Sr Robert should come to any Prejudice for his kindness towards them , because they laboured under many Difficulties , as the Tide then ran . He therefore desired Sr Robert to call Mr B. by the Name of Johnson ; That they did hope to bring the Earl's Murder upon the Stage , before they could any of those in the Tower to a Tryal , That Sr H. Capel had told Mr B. that it was a thing too great for him . That Mr B. had been at great trouble and charge about it , and that as times went he knew few would have undertaken it besides himself .

Mr Lewis of Marlborough , being called by Mr Braddon , witnessed , That upon the day of the Earl's Death , riding within three or four Miles of Andover ( fifty two Miles from London ) between three and five in the Afternoon , a man told him for news , that he heard the Earl of Essex had cut his Throat ; and that at his going home to Marlborough the next day , he told his Neighbours what he had heard the day before ; and that they thereupon said , It was done but yesterday , how could you hear it so soon ?

Mr Feilder of Andover witnessed , That upon the Wednesday and Thursday of the Week , in which the Earl of Essex dyed , it was the common talk of the Town of Andover ; † † Note , in like manner it was proved in the Tayal of the Lord Stafford , that it was reported at a great distance , that Sr Edmundbury Godfrey had murdered himself before it was known at London what was become of him . that he had cut his Throat ; that the Women talked of it , as they came in & out of the Town ; and that on the Saturday night in that Week , the certain news of it came .