THere is nothing more certain, then that the Prote­stants of England, who have most constantly adher'd to the Truth of their Religion and established Go­vernment of the Realm, have been all along ha­rass'd and oppress'd by the Persecution of the Papists, upheld by the Supream Authority. Numerous were the Illegalities imposed upon them, contrary to their Consciences, and unless they would comply with unlawful and arbitrary Commands, they were removed from their Benefices and Employments.

Many that ne're offended against the Law, were unduly pro­secuted, and deprived of their Rihgts and Livelihoods in their Churches and Colledges, and sentenced by arbitrary Courts.

In Cities and Towns the People were denied the free Election of their Magistrates and Officers, who were put in and turn'd out at pleasure, till such were met with who were ready to comply with the Popish Designs.

The Laws provided for the Security of the Protestant Religi­on and the Peoples Liberties, were trodden under foot by a pre­tended Dispensive Power, by which the Foundations of the Peoples Properties and Liberties were quite taken away, and subjected to Arbitrary Will and Pleasure.

The Militia of the Kingdom was put into the Hands of such whom the Laws of the Land have rendered uncapable, and all by Colour of that Dispensing Power, to the great Terror of the Protestants, finding themselves at the Mercy of their declared and mortal Enemies; which Terrors, were not a little augmented by the maintaining and quartering up and down the Kingdom, a [Page 2] great Army of Irish Papists and other Mercenaries, in a time of Peace and general Repose.

All Execution of Laws made against Popish Priests and Jesu­ites, and to prevent the Mischiefs apprehended from their Plots and Contrivances, were actually prohibited, and what those Laws adjudged to be Treason in a high Degree, was cancell'd and rendred invalid by that pretended Dispensing Power; so that they who were Criminals by several Statutes of the Realm, walk'd baresac'd in the Streets without controul.

A stop was also put to the free Course of Justice, and the Judges, of whom, many have greatly assisted the Popish De­signs, put in and out till they made the Law speak Condemna­tion or Acquittal at the Pleasure of the Court.

By all which it appears, that there was a publick Design coun­tenanced and upheld by the King, to overturn the whole Frame of both the Civil and Ecclesiastical Government of the King­dom, by depriving the People of their undoubted Right of Free­dom to elect their Deputies in Parliament, who are to act in their Behalf for the making and repealing of Laws.

For in regard that by the free Government of England, no Laws can bind either the Persons or Properties of the People, but such as are agreed to by the joynt Consent, as well of the Subject as of the Prince; there by antient Statutes of the Realm, it is most carefully provided, that the Elections of Parliament Men shall be so free, that neither the King himself, nor any o­ther Person shall presume to disturb or interrupt their free Course. So that if any Election should happen to be carried, either by Commands or Threatnings, by underhand Solicitati­ons, or promised Bribes of Favours or Rewards, the same shall be utterly void; and the Persons electing are to be no way byassed, and so to carry themselves at the Time and Place of Election, as may administer no occasion of Mistrust.

But in defiance of these Laws, the Popish Party of late have made it their Business by all ways and means, to overturn, and utterly eradicate all the Franchises, Charters and Priviledges of the several Cities and Boroughs of England, by whom the great­est part of the Commons are chosen, on purpose to subject those Corporations to the Kings Will and Pleasure, and to ob­lige them, as his Dependants, to serve his Popish and Arbitrary Designs, while they that refused to comply, were turned out [Page 3] of their Places to make room for Papasts, or any that would fell themselves to serve the Popish Interest.

However, that there might not want pretence of Law for the overwhelming of the Government, Writs of Quo Warranto were issu'd forth against all the most considerable Cities and Corporations of the Realm, without any Cause or Ground of Offence. At what time, Instruments were not wanting at the same Conjuncture, to manage the Magistrates with the Kings Displeasure, if they appear'd to be so hardy, as to insist upon their own Defence, or offered to go to Law with the King for the maintaining of their just Rights and Priviledges; so that se­veral were scared with the Excess of the Changes, and the cer­tainty of being cast at length, and surrendered their Charters, rather than oppose the Current of Compulsion that ran so vio­lently against them.

For it is notorious, that the Popish prevailing Party had their Judges ready fix'd to over-rule whatever Pleas the Towns or Cities could make in defence of their Rights; of which, Lon­don it self was a remarkable President. And such Judges as could not in Conscience condescend to cancel such Ancient Re­cords of the former English Monarchs Immunities and Fa­vours, were presently casheer'd. While those other Judges that succeeded, being more easily poyson'd with the Lustre of Gain and Honour, made nothing of illegal Sentences, to com­ply with their Popsh Patrons, to the Enflaming of their native Country, while the Magistrates of all the chief Corporations of the Kingdom, were now become wholly dependant upon the Kings Pleasure.

But besides these publick Violences offered to the setled Constitutions of Cities and Corporations, the Vertue and Con­stancy of private Persons has been endeavour'd to be shaken by the promis'd Favours and menacing Aw of Majesty it self, while the Knack of Closetting was used to make Men prostitute their Voices for Elections, in compliance with the Popish Designs, and none were thought fit to hold Offices and Employ­ments, but such as would surrender up their own, and the Freedoms of others, to facilitate the Intreagues of Popery.

The Lords Lieutenants of the several Counties also, and a Crew of strange Commissioners, no less odly instructed, were sent into the several Sheirs, to corrupt, if possible they could, [Page 4] both the Gentry and Commonalty, to give their Voices for the Electing such Members, for a packt Parliament, as they knew would be most ready to annul the Penal Laws and Tests, the chiefest Securities of our establish'd Religion and the only agree­able Means to prevent the Dangers and Mischiefs threatned by the pernicious Doctrines and Practises of the Church of Rome.

By such means as these it was intended that the Tests and all Pe­nal Laws made against the Popish Priests and Jesuits, and extend­ing Punishments and Forfeitures against all other Papists, acting a­gainst the Government, should have been all abolished by a packt Number of Men elected contrary to the native Rights and Pri­viledges of the Nation, under the Name of a Parliament. That so the Papists being at full Liberty, might usurp what they pleased, without fear of being troubled or questioned for it, upon the Freedom, Properties and Estates of the Protestants. For what would the Laws of England signifie, when the Popes Canons should be publickly maintain'd to be above them. For Mass­houses, Convents of Monks, and Provincial Bishops, were not only tolerated, but openly upheld in defiance of the Law, and things were already carried to that height, that there was no possibility of ever obtaining a free Parliament, considering the present Alterations in the Cities and Corporations, the Persons of the Sheriffs and other Officers, all fitting for their Purposes, or else in a readiness to be turn'd out, and the Condition of those whose Right it is to Elect, who lay under the unhappy Circum­stances of being deprived of their Freedom in Elections, and were threatned with the Kings Displeasure, and subjected to several other Inconveniences and Losses of Offices and Preferments, if they refus'd to accept of such Persons as had treacherously pro­mised and undertaken to repeal the Established Laws of the King­dom against the Papists. Amongst whom, it is a Maxim, that the Protestants are not capable to claim any Benefit or Advan­tage of any Treaties, Oaths or Engagements made them by a­ny Popish Prince.

For indeed there is nothing so terrible to the Popish Party, as the frequent Assembling of Free Parliaments in England. And therefore it was that the King of France, who had entered into a Design, at his first coming to his Crown, to abolish the Pro­testant Religion, and root it out of the World, under the Name of the Northern Heresie, was so very liberal to the late King, [Page 5] to allow him a Pension of five hundred thousand Pounds a year, to keep off the Meeting of Free Parliaments, as appears by Letters, acknowledged by the late King, to have been written by his own Order.

Nor was England only, the Theater of the Plots and Con­trivances of the Popish Priests and Jesuits in those times, their deep Designs reach'd even to the Subversion of the United Pro­vinces, because they were such a continual Sanctuary to the Pro­testants. To which purpose, as it is well known to all the World, by the continual Workings of the Popsh Party, the late King was drawn in to make an Agreement with the King of France, to have subdued and shar'd the united Ne­therlands. Nor did those two Confederate Princes stick to make Proposals even to his Highness the Prince of Orange him­self, though rejected with that Scorn and Indignation which be­came so great and generous a Prince: And as the Design of the French King against the Protestants was general, so was he no less Sedulous to scatter his Pensions among the chief Ministers in the Courts of Sweden and Brandenburgh, and of all other Princes that stood fast to the Protestant Religion.

But the main of his Pious Liberality, was in his Expences upon the late King of England, and his chief Favourites and Counsellers, who made no scruple to assist in the secret Contri­vances, to enfeeble the Protestant Interest, and to advance the Grandeur of the King of France, though the King of England were then shy of joyning openly with him in his chief Design of ruining the Protestants, for fear of embroiling himself with his own Subjects at Home. But nothing gave a greater Check to the French Kings Proceeding at that time, then the Parliaments Importunity with the King, to separate himself from his Joynt Engagements with France, and make a Peace with the States of Holland; which being procured, broke all the Measures which those two Princes had taken before; and compell'd the haughty French Man to desire a Truce. Nor durst he after that, adventure to display himself in his natural Colours, till he saw that the present King of England had espoused the Popish Interest. But then he seton foot his intended Persecution, which how Cruel, Inhumane and Barbarous it was, the publick Re­lations sufficiently make manifest.

However, in regard the See of Rome has always deem'd it [Page 6] her chiefest Masterpiece to extirpate the Protestant Religion out of England, therefore she hath made it her chief Study, and employ'd all her Craft, her Politicks and Villanons Inventions, to bring it to pass in this Nation; to which end, she thought there could be no way more effectual, then strictly to unite the two Princes, now both of the same Religion together that with united Strength and Treasure, they might the more easily be enabled to bring about their Grand Design. And indeed the French President, was too exactly followed, that it may well be said, that the Methods here observed, were the same with those which had been taken in France; the Invasion of the Civil Government and establish'd Laws, and the very Freedom and Essential Being of Parliaments, successful for a time, to have reduced all the Officers and Magistrates of the King­dom under Subjection to Absolute Will and Pleasure. And who could otherwise expect, but that the Lives and Liberties, the Estates and Properties of the People of England must have all been at the Kings Disposal, when the Juries were so cor­rupted, and the more corrupt Judges and Chancellor so entire­ly at his Devotion, and so plung'd in acting contrary to the Law, that they could be no where safe, but under his Protection.

In this sad and desolate Conjuncture of Affairs, wherein the Protestant Religion, the Ancient Honour and Glory of the En­glish Nation, the Rights, Priviledges, Liberties and Properties of the Native Inhabitants, from the Highest to the Lowest, were all going to rack; the Peers and Persons of great Quality had no where else to place their Hopes and Confidence of De­livery from Popish Thraldom, but in her Royal Highness, as being Heir Apparent to the Crown, which being joyn'd to the Celebrated Vertue, and Renown which attended his High­ness the Prince of Orange, for Military Conduct and Heroick Magnanimity, as it was no small Consolation to the English Lords, so did it no less tormoil and perplex the Councils and Deliberations of the Papish with Terror and Conster­nation; which made them enter into various Consultations to ward off this Threatning Opposition to their Designs. Some proposed the obstructing their Highnesses coming to the Crown by such fettring Conditions as were obtained in Parliament in the Reigns of Queen Mary and Queen Elizabeth, which the Parliament so garbled, as was design'd by the Kings Power, [Page 7] would readily condescend to, and would afterwards be strength­ened by the Papists in full Possession of all the Strength and Au­thority of the Realm, and assisted by all the Forces of the King of France; but the more wary Papists not liking the Aw of Mercenary Force, and French Compulsion, to bound and limit the Heiress to the Imperial Crown of England, proposed that the King should make use of his Paternal Authority with her Royal Highness, to bring her off to the Popish Religion, or else to perswade her to have more moderate Thoughts concern­ing it, or else to grant them an absolute Toleration. If this Project failed yet they were still in Hopes that his Highness the Prince of Orange might be wrought upon to concur with the Kings Declarations for Liberty of Conscience, and the Repeal of the Penal Laws and Test. Not believing that his Highness would be so nice as to make any strict Inquisition into the Eccle­siastical Penal Laws, enacted so many hundred years ago a­gainst the apparent Usurpations of Rome; or that he would have understood that the Ecclesiastical Penal Laws, comprehend the most evident and authentick Declarations, if that they are to be produced from any Records of the Rights belonging to the Crown of England, of the ancient Constitution of the Govern­ment, and of the Priviledges that appertain, as well to the Peo­ple; and that therein might be understood the Claims and U­surpations of the See of Rome, which occasioned the Enacting those Laws to preserve the Freedom and Priviledges of the En­glish Nation. Nor did they believe that his Highness would have discovered the Mischiefs attending the Repeal of the Ec­clesiastical Penal Laws; seeing that the meer Enacting the Kings Declaration had been such an Establishment of Popery, that the Church of Rome could not have desired a Better: So that the Popish Councils would have been satified with his Highnesses Concurrence; of which they thought themselves so sure, that the Jesuits gave it out that his Highness had consented, and that the King and his Highness understood one another well enough. However, these Reports were soon laid asleep, and talk'd pri­vately about at Court, that the King should say their Highnesses were obstinate in their Errors, and that he would put himself to no farther trouble about them, but that it should be the worse for them.

Nor was it long after, that a general Rumor was spread a­bout [Page 8] in the Town, that the Queen was with Child, which ele­vated the Papists to that degree, that they began to insult over the Protestants, and spar'd not to boast, that though it were a Daughter, being born after the King was Crown'd, it would prevent the Succession of her Royal Highness, who was Born when the King was only Duke. But the Queens being with Child was a Story believed by none but the Papists; and the Protestants were the more confirmed in their Mis-belief by the Fable of the Lady of Loretto, and the Dutchesses of Modena's Ap­plications to Heaven in her Daughters Behalf, and every Body derided and lampoon'd the Mummery, which they look'd upon to be a meer Contrivance of the Jesuits.

Nevertheless, for the space of eight or nine Months, the Ex­pectations of the Queens Delivery were such, that the Prote­stants both at Home and Abroad were not a little disheartned, apprehensive of the Disappointment of her Royal Highness; and the Papists greatly incouraged to carry on their Designs with more Vigour. But the English Lords were not to learn how well vers'd the Priests and Jesuits had been from time to time in several Ages, in framing such Impostures and Forgeries as these, to alter the Successions of Crowns for the Service of their Church, and therefore seeing them so sedulously laborious to rivet a Belief of the Queens being with Child, in the Minds of the People, and undertaking to give them prophetical Assur­rances that it would be a Son; these double Diligences of the Priests, not only rais'd, but confirm'd the Lords in their Sus­pitions, that there might be a Counterfeit Son imposed upon the Kingdom, and set up for a Prince of Wales, and that the Priests were Actors in this Farce according to the Parts which they had delivered them; which caused the Lords to determine among themselves to keep Memorials of the Carriage of the whole Con­trivance, so far as their Information would give them leave. By which Observations, and diligent comparing of Circum­stances together, during the time of the Queens pretended go­ing with Child, and Delivery of the Male Child, the Lords were so fully convinced of the Truth of what they suspected, that they no longer questioned the pretended Prince of Wales to be a meer Counterfeit.

For first the Fundamental Rules of Equity and Justice re­quire, that when a Child is to be born, which immediately up­on [Page 9] the Birth becomes Heir to three Kingdoms, and at the same time disappoints the Hopes of an Heiress apparent, and the Expect­ances of several other Princes of the Blood, it is absolutely requisite that such a Child be born of the Queens Body, and that the Birth of such a Child be attested upon their certain Knowledge, by Witnesses in Number answerable to the Importance of the Occasion and such a National Concern, and against whom there cannot be the least Exception made for their Reputation, their Vertue, their Partiality, and undeniable Authority, suf­ficient to convince the whole World by the Weight of their Testimony. For such is the Case of a Male Heir to the Crown of England, that no sooner is a Son of the Queens Body born of her Body, but that at the very same Minute and In­stant of time, all Pretensions of Right and Apparencies in any other Person cease, how strong and valid soever they might be at the very Moment before. And therefore there is nothing against which all the Laws, Civil Justice and Government more charily provide, then against the Violation of Inheritances. And therefore the Proofs by which any Person is disseized of an Apparent Right, must be so certain, as to be beyond all Contradiction and Controwl. Otherwise it is a positive Breach of the Law of God, and of all that is Sacred upon Earth, a Dissolution of all Property, Civil Justice and Government, to invade the Apparent and Lawful Right of any Person with ma­nifest and undeniable Proof a Prince or Superior Right. Here then was her Royal Highness Heir Apparent to the Crowns of England, Scotland, and Ireland, in probability to have been outed of her Apparent Right, by the pretended Birth of a Prince of Wales. It was therefore mainly requisite, considering the Suspisions and Jealousies which attended the Birth of this Prince of Wales, that he should have been born in the Presence of the Princes of the Blood, the Prelates of Highest Ecclesiastical Dignity, the chiefest of the Nobility, the Officers of Highest Trust in the Nation, and the Embassadors and publick Ministers of Forraign States and Princes. So that the Proofs of his Birth from the Body of the Queen, might have been so undoubted and unquestionable, that there should not have been no room for the least Appearance of Suspition or Con­tradiction.

On the other side, it had been the Opinion of the World for some time, that the Queens Body had been so long disabled by Sickness and Infirmities, that she was not in a Capacity to bring forth a Son. According to the Judgment of Dr. Willis, who upon view of one of her Children, declar'd, that it want­ed the Foot stocks and Ground-work of Life.

Then for the Generality of the Nation, they were so ill satisfied with the Queens being with Child, notwithstanding, whatever the King or the Queen affirmed of themselves, that hardly one in two hundred believ'd it, only they were con­stant in this, that they universally believ'd it to be a Design of the King and his Popish Councils, to impose a Counterfeit up­on the Nation.

Neither was it a thing at all credited in the Courts of For­reign Princes, that the Queen was with Child; but rather lookt upon as a treacherous Contrivance of the Priests and Jesuits to have imposed upon the Nation, to fortifie their Par­ty by the Hopes of a Popish Succession, and bring unthinking Protestants into the same Snare.

All Men apprehended that the Protestant Religion, not only in England, but in other Forraign Countries, would be much endanger'd, or else secured by the Queens Delivery, or not Delivery of a Son; and that the Birth of a Prince of Wales, would be a great Disappointment to the just Rights and Pretensions of such Princes and Princesses who had before his Birth a lawful Claim to no less than three Imperial Crowns; besides that, it menac'd England with the Calamity of falling under an Infant Chimera of a Prince, or ra­ther, and more truly, under the Tyranny of Rome it self.

Which being the Consequences which would necessarily have follow'd upon the Advancement and Establishment of this Sup­posititious Prince of Wales, never equall'd or heard of before in story upon the Birth of any Prince in the Earth, certainly common Justice in General, and the Customs of England, there should have been such undoubted Proofs that the Counterfit Prince was Born of the Queen's Body, as should have admitted no objection, but answered every Circumstance, and suffic'd to have vanquish'd not only the jealousies and suspicions of the People of England, but of all other Forraign Nations.

To which purpose that the Women of spotless Integrity [Page 11] should have given Testimony of their personal view of the self same individual Child's being really and bona fide delivered and issuing according to the course of Nature, from the Queen's Womb. And that the men should have been enabl'd to make their Attestations upon occular view of the naked Infant withal the marks upon it of immediate separation from the Womb, by the Assistance of Physitians and Women of experience; and in a word, that the testimonies of both Sexes should have been answerable in greatness of Birth and Grandeur of Reputation and Authority to the occasion in dispute, the Persons contro­verted, and the vast extent of that good or mischief which might have prov'd the consequence of all: Matrons of experi­ence, probity and gravity: Persons publickly known to the Kingdom, and not pitiful obscure Italians and French that scarce were ever heard of either in this or any other Country. For seeing there was never such an impending necessity to have clear'd this difficult point, and to dispel those jealousies and mistrusts, which gave a greater Alarum to the Nation then ever was given since the first founding of this Monarchy; certainly it highly concern'd the King and Queen to have made use of the most Noble and dignify'd testimonies that were in the Land, in regard that the Law requiring it, the only way to satisfie the Subject; is to satisfie the Law. Which had also been a satis­faction to Justice no less to be satisfy'd, seeing that the Birth of a counterfit Prince, was to have devested her by an Imposture of her Apparent right of inheritance. Then again, it was not a little admired, why the King, who well understood that the Laws and Customs of England requir'd a fit and competant number of Witnesses, and a far greater number in this case, where the con­ception of the Queen was lookt upon by the Universality of the Nation, as a Fictitious peice of Mochery, and were almost absolutely confirm'd that a counterfit Prince was to be impos'd upon the Nation, should produce so small a number▪ and those many of them so obscure and little known to the World, that their names were hardly heard of before, and therefore since the maximes and reasons of the English Law, are so severe in case of a Child pretended to be set up to the Exclusion of an Apparent Heir, and that there was such great cause in this case of the Queen, and the pretended Prince of Wales, to suspect a Forgery and an Imposition upon the three Nations, in regard [Page 12] there was no notice given to the Heir Apparent, of the time when this pretended Heir was to come into the World, nor to any other who had Titles in Expectancy, it was an Inference con­cluded from the Rules and Maxims of the English Law, which requires sufficient Proof to put the matter of Fact out of doubt, that the Witnesses of the Birth of the suppos'd Prince of Wales, ought not to be beleived, since they who were to make good the Claim of the supposed Prince, had time sufficient to have given due notice to the Parties concern'd, and to have had Witnesses of that Reputation, as might have put the Birth of the supposed Prince quite out of Dispute.

And indeed it would have been but ordinary prudence to have a numerous Train of Witnesses, and those of different Honors, dignities and Interests; since it could never have been imagin'd that so considerable a number of Testimonies of both Sexes, so considerable for their Quality and Integrity and all va­rious in their Offices, and dignities could ever have entered into a Confederacy to cheat the Nation with a St. Martions Prince, and be so true one to another in such an unjust and wicked peice of Fraud.

On the other side, the Law admits no Man or Woman to be a witness that take a Bribe of Money or Preferment, or any other Emolument to engage themselves in an Oath. More especially will it not permit any Person or Persons to be witnesses concerning the Birth of this Fictitious Prince of Wales, who were in hopes or Expectation of any preferment, Offices or advantages by vertue of his Grandeur. Nor any Person or Persons that have so much their dependance upon the Fosterers, and Setters up of this suppos'd Prince of Wales, that they dare not displease them for fear of loosing their places. Nor any Person or Persons who are commonly reputed or by Proof may be made appear to have any enmity, or prejudice against Her Highness, with whom the Counterfeit Prince chiefly stands in Competition, it being an unanswerable exception against such, that they are mortal Enemies to Her and the Protestant Religion, which she professes. Neither will the Laws of the Land allow the Testimony, or Declaration of the King and the Queen in this of the supposed Prince of Wales. For that if they might be sufficient Proofs in their own causes they might be as well suf­ficient Judges, besides that if the Kings Affirmation should be [Page 13] allow'd by the Law of the Land, sufficient to make a Prince of Wales without such a number of Competent witnesses as by the Law are requir'd, it would be an overturning of the Constituti­ons of the English Monarchy, especially in Matters of Fact by which an injury may be done to another. In like manner neither can the King by the Rules and regulations of the Law, at his will and pleasure alter the Succession of the Crown of England, or so order it that the Crown shall not descend to the next in Blood. So that if the Kings Sole Affirmation of this Suppositious Princes Blood, what any farther Proof, were suffi­cient to bind the belief of the Nation, his bare Affirmation would then actually extend to put by and frustrate the succes­sion of the next Heir, and submit it to the pleasure of the King. But the next Lawful Successour is Heir to the Kindom by ver­tue of the Law it self, and cannot be defeated of his Right of succession by any Act of the Preceding Prince, and for the King to plead that these things came not into his mind or that he was ignorant of them, could be no satisfaction to the Kingdom in such a case as this, where the Laws and Customs of England, were positive and requir'd clear and Demonstrable Proofs such as have been already mention'd of the Birth of the supposed Prince.

But there were other personal Circumstances to prove the Queens not being with Child, as being the particular Symptoms, that always accompany pregnant Women. For it was dis­covered upon very good assurances that she never had the most usual, the most natural and common Symptoms of Con­ception: Her Monstruum's continu'd their natural Course and Periods without any stop at the usual times, and that all the while she pretended to be with Child: or did she conceal the having her Terms upon the Road to the Bath, nay that she had them still for some days after the King took his leave of her in that place. Nor was it possible for her afterwards, not withstanding all the Arts and Industry she made use of, to pre­vent them from appearing in the Seasons of Nature: in regard those Secrets must be known to more then could be made privy to the Contrivance.

Now for want of this same usual Symptom of the stopping of her Monthly Evacuations, the Queen could have no fix'd time from whence to begin her reckning, and therefore the King to [Page 14] help her out, declar'd in Council that his Wife and He had thought it Convenient to make her conception Public, from the time that the offering was made to the Image of the Loretto Lady, when the King returned to the Queen at the Bath.

But this fell out afterwards very untowardly, because it was impossible to bring together, the time of her conception and that of her pretended being deliver'd, so well, as to compleat the full and natural time of nine Months. So that the Women crying out, in derision upon the Kings boasting what a strong, lively, chopping Child he had got, that such a Child at Eight Months was as great a Miracle, as her Conception upon her Present to the Lady of Loretto, the Confederates fearing the spreading of such a report, might endanger the discovery of the Impostor, perswaded the Queen to give it out that she had mistaken her reckning, as it was a common thing for Women to do.

But they forgot that the Queen had stood to her first reck­ning several Weeks after she pretended to have been deliver'd; that it was well known that she had her Evacuation's as she went to the Bath, and four days after the Kings departure, which was a certain Sign she had not then conceiv'd; or if she had then conceiv'd, then it could be no Failure in her reckning, and she did ill to Bath, for fear of destroying the Fruit of her Womb.

Then again, in other Women, after four Months being gone, there will be seen a Visible swelling and Increase of the Breasts, together with a fair appearance of Milk: but all these Symp­toms were also wanting in the Queen, nor did ever any Lady which was proper to be a witness ever see a drop of Milk in her Breasts, which were still the same to the Eyes of all that view'd them, without any alteration of Bulk or Proportion.

Neither was any proper witness of Quality and experience ever admitted during the whole time of her pregnancy, to touch the Queen's Belly, that they might be able to give a Testimony concerning the Motion and stirring of the Child in the Womb. Which it behov'd the Queen to have shewn, especially to the Protestant Ladies of her Bed-Chamber, who were not a little doubtful of her being with Child, as well as the Person who was then her Physitian.

Neither was there any distension of the parts of the Body that surround and encompass the Womb, which always enlarge and extend themselves more especially during the four last Months, to make room for the Child in the Womb as it grows on to perfection; seve­ral Matrons of great Experience attended on purpose to make an exact Observation of the rising of the Queens Belly, but none of them could perceive the least appearance of the growth of any Child in her Belly; which was all the time of her Pregnancy of the same Proportion, as at other times; only when she was dress'd, her Belly was so order'd, as to seem to rise up before like a Woman with Child: but they that view'd her behind as she walk'd, could perceive no sign of a big-belly'd Woman; which Observation was also made but a little before her pretended Lying in. To which may be added that in all the four last Months, when the Bellys of big-belly'd Wo­men rise most remarkably, the Queen was always observ'd, contrary to her usual method, when she went to shift her self, to retire into some private with-drawing Room, where none were permitted to come to her but her Italians that were privy to the Secret. So that from the very time of her Fictitious Conception to the time of her pretended Delivery, there was not any thing in the Behaviour and Carriage of the Queen, which gave the least appearance of Reality and Sincerity; but what on the other side very plainly discover'd Fraudulent Contrivance and Design.

While she was preparing for her intended Delivery, there was no Notice given by the Queen, either to Her Royal Highness or to any other next in Expectancy of the Succession, when she thought her reck­ning was out or expected to be deliver'd, to the end that proper Per­sons might have attended to have prevented all Suspitions, which Law Justice and Common Prudence altogether requir'd. On the other side Instruments were made use of to Conceal both the Time and the Place of her pretended Delivery; and such an Odd time of her Conception was given out, that it was impossible for the Friends of her Royal Highness to make any true judgment when the Farce was to be Acted.

As for the Place it was so variously given out, sometimes Windsor, then Hampton Court, and then again Richmond, so that it was im­possible for the Protestant Ladies and Friends of the Heir Apparent, to know where to be in a readiness to attend. And for fear the Princess of Denmark should be a Vigilant Observer as well for her own, as [Page 16] her Sister's sake, that she might not be present at the time of her Delivery, the Plot was so laid, tho she stood more in need of Astrin­gents at that time, that for the preservation of her Health she should be advis'd to go to the Bath for the benefit of the Loosning Waters, on purpose to keep her at a sufficient distance till the Scene was over.

But when Notice was given that the Counterfeit was almost ready, the Queen was in such a Hurry, above three weeks before her time was expected, that not above two days before her pretended De­livery she was in post hast to lye in at St. James's, where if things could not be got ready, so soon as was requisite, she declar'd she would lye upon the Floor. Which words being utter'd with so much Pas­sion on the Fryday, that she would lye in at St. James's on Saturday Night, the most Vigilant Observers could not find there was then the least appearance, that the juggle was then to be carry'd on upon Sun­day, or that then the pretended Birth of the long lookt for Counter­feit Prince was to be: in regard there was not the least shew of those fore running Pains that usually preceed the Travels of Child-bearing Women; besides that she sate up late that Saturday Night at Cards, without so much as the least pain or trouble; or any so much as thought of in the Night, till about nine or ten of the Clock in the Morning when all the Protestant Ladies were at their Devotions, and then the Princely Babe being ready for a second Birth, Mrs. Wicks, Mrs. Labady, and the beloved Mrs. Tourain did the Feat, and the Knack was over before Church was done.

Now that the Room was prepar'd, and made fit for the purpose, was apparent by the Private Door in the space between the Bed and the Wall, through which it might be an easie thing, to bring a Child and conveigh it privately into the Bed; and yet the Parties never be seen by any, that attended in the Room tho standing at the Beds­feet: and through that door it was easie for the Midwife, Mrs. Labady, and Mrs. Touraine to carry in and out what they pleas'd them­selves.

Had not there been a necessity for that door, it ought by Common Reason and Prudence to have been either seal'd, or nayl'd up, to avoid Suspition of Imposture: but that door was so requisite for the Manage­ment of the Poppet Play, that the whole Contrivance was carry'd on through that door; which was a thing that was well known by the Lords of the Council, that were call'd in, not so much to see, as to be seen, to the end their Names might afterwards be made use of [Page 17] to delude the people. And then again, so far was the Queen, from dreading, at all the bitter Pains, and hazards of Child-bearing, that she made none of those Provisions usual in such Cases; not so much as the Midwives Stool or Chair, which is usually sent before for the ease and benefit of Persons of the Queens Quality: nor any order given for the Colledge of Physitians to attend; as if she had certainly known, as well as she did, that neither she nor the Child should stand in need of their Assistance. Only when all things were ready prepar'd in the inner Chamber, as the Infant it self and the after Birth, and whatever else was thought necessary, to be shewn after the Child was born, then the Queen being put to Bed, with the Curtains close drawn round about her, pretended to fall into her Counterfeit Labour, at what time the Child with the after Birth, were brought through the door between the Wall and the Queen's Bed, and put between the Sheets by the Midwife, and the two other foremention'd Confederates; who when they had play'd the first Part, were no less seemingly Industrious and busie about the Queen's Person; which was the second Part of the Act. But there was a necessity for them to make as much hast as they could, even be­yond a reasonable Imagination, for fear the Infant, to whom they had given something to make it sleep, should either wake and cry out of season, or else be smother'd between the Sheets by reason of the close­ness of the Bed; so that the Queen had the easiest Labour in the World, and such a one as might well entitle it to the Epithite of Pretended. For all this while the Queen was altogether without any sign of those real afflictions and intermitting Pains of Women in Labour; no signs of the Childs Eruption; no alteration of the Queen's Body by the weakning of Female Travel. But all was done in a Trice, and then the Midwife having deliver'd something close covered into Mrs. Labady's Hands, and both together went through the door between the Wall and the Bed into the Chamber adjoyning, and that in so much hast, that the Midwife her self made a plain discovery of the Fraud, by leaving the Queen at those very moments, when had the Delivery been real, the usual distresses and dangers of Women in Labour most requir'd her Assistance. And thus was this Counterfeit Prince brought forth in the dark from under the Bed Cloaths, the Curtains being drawn, and none that were in the Cham­ber permitted to see what was done about the Woman that was pre­tended to be brought to Bed. And as for the Lords of the Council, [Page 18] the King kept them at the feet of the Bed which were close secur'd from the Observation of sight, so that they could neither see or hear any, thing, which could make them capable of being Witnesses, of the Birth of a Child. And there after they had waited a long time, the King left them and went into the withdrawing Room where Mrs. Labady and the rest of the Accomplices were with the Counterfeit Prince; from whence he sent word to the Lords that in regard a Prince was so happily come into the World; there was no farther need of their At­tendance, so that the greatest number of them departed.

Yet after all this Noise of a Delivery, all the Curious Observation that could be made, could never discover any signs that the Queen had been newly brought to Bed. No weaknesses, no Fevers, the usual Concomitants of Women bringing forth at the untimely Season of eight Months, as the Queen acknowledg'd her Labour to be. And tho the Queen was reported to have great plenty of Milk be­fore her pretended Delivery, yet what became of it no body could tell. For neither were her Breasts ever drawn, nor any Medica­ments apply'd to repel, or dry up the Milk, nor did she fain to take care of her Breasts, or seem in the least to fear the danger of such a pretended Redundancy. Nor was it ever heard of, that she ever put her self to the trouble of those usual Purgations; which are the Consequences of Child-bearing.

So that the best Construction that can be made of this Contri­vance is only this that the Blind and Bigotted Zeal of the Papists, and their Popish Councels to establish a Popish Succession in this Kingdom made them violate all the Laws of Honour, Honesty, Justice and Common Morality.

MUrder was the first abominable and crying sin, which after the fall of Man, and his Expulsion out of Paradise, Man committed in the Infancy of the World. And it would be needless to repeat a thing which is so universally known to all the Earth, how loudly this unnatural and hainous Crime cryes for ven­geance in the Ears both of God and Men. No sin more severely prosecuted by the Punishments of Heaven, nor more vigorously re­strain'd by the Law of Nations. Nothing so much provokes the wrath of God as the Pollutions of Blood: And nothing calls with that vehement importunity for condign Punishment of the Male­factors, as Perfidious and Inglorious Assassination. The Soveraignty neither of Davi'd nor of Ahab could protect them from the pursuit of Divine Justice. For it is the same thing whether a Man be the Actor himself, or the Suborner and Rewarder of the Murderers. And the Crime is so much the more fowl and detestable in them, who commit the Fact under the Protection of Authority, and High command, by how much it is a greater duty incumbent upon such to defend and preserve the Lives of those who are liable to be oppress'd. For let the person who believes himself injur'd by another be never so highly advanc'd in Grandeur and Dignity, it is not for him to seek [Page 20] Revenge, without the Legal Sentence and Determination of the Law. Not that the bare Asseveration, however of an Atturney Gene­ral in calling the Impeachment and commitment of the Earl of Essex, a Convictment for High Treason, could be taken for a Solemn Sentence: since the words of his Lips could be no Warrant for others to pro­ceed to such a Bloody Execution.

On the other side, though every Murder be a crime of a most heinous Nature, yet some Murders may admit a higher Aggravation then others, from the Circumstances that attend them.

In the first place the worth and dignity of the Person whose Life is unjustly taken from him, his High Station in the Kingdom, and his Abilities of Wisdom, Power and Interest to be more advantageous to the Nation then another of his degree; by whose untimely loss the whole Realm is rob'd of those benefits, which it might have re­ceiv'd from the Vertue and Endowments of so great a person.

Another Aggravation of the Murder was this, that it was done by those whom the Earl had serv'd with all the Zeal and Integrity, that could be expected upon all occasions; besides that he was a Person whose Father had laid down his Blood and impair'd his Fortunes by ven­turing in the Kings Quarrel during the late Civil Wars. Another Aggravation was, that the Murther was committed not only in the Kings Prison, where the Law and the Government protect the Prisoner till conviction, but also in one of the Kings Royal Palaces; where the King himself might have been thought a sufficient Gage for the safety of the Person that lay under his Roof, which was not only to deprive the King of one of his most able and faithful Mini­sters, but mortally to wound the Reputation of the King him­self.

True it is, that the Authors and contrivers of the Murder made it their business, the better to conceal and throw off the Imputation of the Crime from themselves, to impose upon the World, and make the People believe, that the Earl of Essex was a Felo de se, and had layd violent hands upon himself; not considering that all persons and those in great numbers of rank and judgment who were acquainted with his most truly Vertuous and Religious, a well as Noble and Generous Qualities and Principles, his Sedateness of temper, his steady, strong and well poysed Reason, together with his accomplish­ments of Grace and Education, knew them to be so great and transcendently Eminent as not to suffer him to fall under the stain of [Page 21] such a horrid Crime, so contrary to the Constitution of his Nature, and the Moral habits of his mind. As he was a True Christian, his Religion would not suffer him to admit a thought that might en­courage a Fact so Unchristian like; and as he was a Gentleman so Nobly Accomplish'd, he could not condescend to so base and sordid an Action to the Eternal stain of his Memory.

The same Persons also to gain a belief of the Calumny among the multitude, gave it out, that his Lordship was wont in his com­mon discourse to justify Self-Homicide, rather then be a Spectacle of Capital Punishment to the gazing multitude. A thing so improbable, that nothing can be thought more unlikely from a Person of his Piety, Wisdom and reserv'dness, and which all Persons frequent in converse with him were so far from affirming to be Truth; that on the contrary they still Solemnly protested his always speaking in abhorrency of the Fact, as of a most desperate and Bloody Sin, which was also no less sacredly attested by his own Lady, upon application made to her to know the Truth or Falshood of the Story. And then for his speaking with respect of the Duke of Northumberland, who shot himself in the Tower, which was another thing laid to his charge, to Improve the Credit of the Report, it was no more then what Civility and Education requir'd, in respect to his Lady, Grand Daughter to the Duke, and to the memory of the Duke himself, otherwise a Person of great worth and Noble Endowments. Nor was the Earl under the same Circumstances as the Duke was, who lay Condemn'd for High Treason, whereas the Earl knew himself Innocent of the Matter laid to his Charge, besides that there was but one witness that could pretend to have any knowledge of him.

More then all this, the very day before the Murther, his Lordship had sent for his own Plate to the Tower for the dressing and serving up his Meat, because he began to be distrustful of the Officers and Cooks of the Prison, and had laid in a considerable quantity of Wines for his own Table, sufficient to serve him till he thought he might be brought to his Tryal: which clearly argu'd he was more affraid of some Violence, and Illegal Means to be used by others for his Destruction, then jealous of any Despair in himself.

In the next place we are to consider, to what ends the Violent death of this unfortunate Earl were improved to, and what designs the Judges and other Ministers of the Law made it their business to serve by it; and then it will be found that after several contrivances to [Page 22] involve the Protestants in Sham-plots against the Person of the King and the Establish'd Government, they had at last found out a pretence of a Conspiracy of that Nature against the Earl of Essex, and had furnished themselves with some witness, who undertook the swearing of the best and greatest Men of the Kingdom into a Conspiracy for levying a War to the Destruction of the King. But understanding well that their witnesses were of no Reputation to make out the charge against the Chief Patriots of our Laws and Religion, they resolved to Murder the Earl of Essex, then close committed under a pretence of the same Conspiracy, and to give it out that he had made away himself, for shame and horror of being concern'd in so Trea­sonable a design. To this end did the Atturney General and the Lord Chief Justice with all their Eloquence and Artifice Endeavour to make their Accusation useful and subservient. Therefore says the Atturney General. The Lord of Essex being committed to the Tower for the Plot, and killing himself, was more then a thousand Witnesses to open the Eyes of the People, and confirm the belief of the Conspiracy. Which Jef­feries the Chief Justice seconding, There was in it Digitus Dei, says he, and enough to satisfie all the World of the Truth of the Conspiracy, That the Earl of Essex being Conscious of the great Guilt he had contracted in being concerned in it, did rather then abide his Tryal, and to avoyd the Methods of Justice in his own particular case, destroy himself.

This Improvement of the Murder of this noble Peer, gives no small Ground to suspect who were the contrivers of his death, and upon design they did first assassinate, and then endeavour to throw the In­famy and guilt of it upon himself.

But then the Timing of the Murder was a farther Demonstration, where the Guilt of it ought to be charged, and for the promotion of what Service it was first contrived. For no sooner was the Lord Russel brought upon a Tryal for his Life under a pretence of the same Conspiracy for which the Earl stood committed, but the Earl was Assassinated in the Tower, and then the news forthwith dispatched away to the Old-Bayley, that the Earl had Murdered himself, on purpose to amuse and prepossess the Jury, and induce them to convict the other most Virtuous, Noble and Innocent Person. Nor were the Kings Council wanting to lay hold on the Tidings, with all their Art and Malice to harangue and plead the Lord Russel out of his Life. And therefore to make the deeper Impression in the minds of the Jury already sufficiently prejudiced, and grossly partial, the Atturney [Page 23] General bawl'd out, That the Lord Russel was one of the Council for car­rying on the Plot with the Earl of Essex, who had that Morning prevented the hand of Justice upon himself. And Jefferies, Chief Justice, when he came to sum up the Evidence and determine the Jury to find it against the Prisoner, averr'd. That there was nothing could be said in Favour of the Lord Russer's Innocency, as to what he was accused of, but what might be more strongly alleadged in behalf of the Earl of Essex, who nevertheless from a Consciousness of being Guilty of that desperate Conspiracy, had brought himself to an untimely end, to avoid the Methods of public Justice.

Nay, so apparent it was to all impartial persons then present at the Tryal, that the Murder of the Earl of Essex was perpetrated by others, and timed to that Season, on purpose to influence the Jury, to Sacrifice the Lord Russel to the Rage of the Court, that a Noble Lord, who had been always in the Interests of White-Hall, and then very Zealous in the Prosecution of those accus'd for the Plot, being then upon the Bench, and hearing of the Earls death, and who were walking in the Tower when it fatally happened, and observing how the Kings Council acted their parts upon the News of it, rose up in a great amazement from the Bench, and pressing out of the Court, with his Hat pull'd over his Eyes, could not forbear saying, that he now saw the Bottom of the business. And indeed such was the Influence which the Earls pretended Murther of himself for being concern'd in the Conspiracy with the Lord Russel, that several of the Jury acknowledg'd, that the Report as it was managed by the Kings Council, sway'd more with them for his Conviction, then all the rest of the Evidence, though had the Earl Entertain'd any preceding thoughts to Murder himself, and time it to that unhappy Juncture, he would never have given orders to his Steward to take the Lord Russels Tryal in short hand, that he might afterwards make use of it upon oc­casion. Besides that there was a Freind-ship too entire between him and the Lord Russel to Calculate the Murdering of himself to such a Season, on purpose to facilitate the destruction of his friend.

The next thing to be laid open is the Picque and Motive upon which this Murder was committed, and the grounds of that im­placable Malice which some Men bare against the Earl. For it was well known to those Adversaries of his, that he was one that stood up zealously for the Laws and Liberties of the Kingdom, and no less a couragious desender of the Protestant Religion. [Page 24] He was known to understand more of the Extent and Nature of the Popish Conipiracy; who were concern'd in it, and to what degree, then most Persons in the Kingdom, as well by reason of his public station in Ireland, as also for that he had been long a Member of the Kings Privy Council in England, and moreover because he had been likewise a Member of all those Private Com­mittees, who had the inspections of Papers, and Examination of per­sons concern'd in the horrid Plot. Therefore because he scorn'd to Sacrifice his Honor and his Conscience to a [...]pliance with the Conspirators, and always oppos'd them in their Attempts for the Introduction of Popery and Arbitrary Power they sought all ways and means to destroy him. Of which the Earl was not insensible, and would therefore sometimes say to his intimate friends, That as the generality of the Papists and particularly such of them as made the greatest Figure at the Court, had a dread of him by reason of the Detections he was able to make of their horrid Machinations; so was he not without good cause of fears and suspitions, that they would endeavour his Destruction in order to prevent it.

Nor is it the least Circumstance that proves that the Earl was Assassinated by others, and not Murdered by himself, that seve­ral Reports of his Death, and the manner of it were spread a­broad before the Fact was commited. Thus it was an Evi­dence to the Parliament that the City was burnt by the Papists, because the News of it was not only reported in seve­ral Parts of the Kingdom, but sent from beyond Sea, as the discourse of the Jesuits with their Privadoes and Favorites: And in like manner it was urged as a proof that Sir Edmund Berry God­fery was Assassinated by the Papists, and allow'd at the Lord Staffords Tryal, because his Death was related many Miles off in the Country, before it was well known in London. Thus a Lady of Quality relates▪ that being in company the day before the death of the Earl of Essex, upon a Discourse arising about the Murder of Sir Edmund Berry Godfrey, a Gentleman took the freedom to say. That there would appear to Morrow another Sir Edmund Berry Godfrey: Which though the Lady could not comprehend at present, yet hearing the next day the Report that the Lord of Essex had cut his own Throat, she easily unrid­dled the Mystery she had heard the Night before; and conclud­ed the Earl to have come to an untimely end by Treachery. And [Page 25] one Mrs. Mewx a Gentlewoman that lives in London, was ready to swear at Mr. Braddons Tryal, That her Daughter told her, as they were Travelling both together into Berkshire, the day before the Earl of Essex's Death, that one of the Lords committed for the late Plot, had cut his Throat in the Tower▪ But because her Daughter being near her time could not be at the Tryal, the Chief Justice would not suffer the Mother, though Sworn to be Examin'd, because she could not depose on her own knowledg, though Mr. Wallop reply'd, it was Evidence that there was such a Talk preceding the death of the Earl: and by consequence, it may be added, that he did not Murder himself. Mr. Fielder also of Andover Swore, that it was talk [...]d in that Town upon the 11th and 12th of July, that the Earl had cut his Throat in the Tower, whereas the Fact was not done till the 13th, and could not get to Andover by the Post till the 14th. At what time because the Confirmation came not, it was look'd on as a Report, but being confirm'd the next by certain Clo­thiers setting out of London the same day, presently after the Murder was done, they could not be amaz'd at a Report so current among them, so long before the Fact was committed. But the Chief Justice Jefferies run down all this, As a contrivance to deceive the Kings Subjects, and set us together by the Ears: styling it stuff rak'd out of the Dunghills, and pick'd up on purpose to kin­dle a Fire, and set us all in a Flame. One Jeremy Burgess also swears, that he heard the same Report at Frome Ninty Miles from London, the same day the Earl was kill'd: and one Lewis living at Marlborough swore, that he was told upon the Road, between Marlborough and Andover, by a Stranger, that the Earl of Essex had cut his Throat in the Tower, which notwith­standing all the scorn and contempt with which the Chief Justice endeavour'd to Ridicule what they depos'd, is sufficient proof to all indifferent Men that the Report was spread abroad preceding to the Earl's Death.

From which last circumstance of the Report of the Earls cut­ting his Throat, being spread by so many Persons in various Parts of the Kingdom, so long before his Death, these Inferen­ces arise. First, that it was not improbable but that the Contri­vers of the Earls death might have resolved upon the Execu­tion of the Fact sooner, but that the reason of deferring it was to adjust it to the Season of the Lord Russels Tryal, that the [Page 26] Murder of the one might facilitate the death of the other: So that they who were acquainted with the Resolution first taken, out of a forwardness to oblige their friends had given them too hasty Intelligence of the thing as already done, before it was committed, by reason of the latter Resolution. The second Inference is, that though the Report was vented by several per­sons, yet they all agreed in the way and manner of it, that is to say, cutting his Throat, which had been impossible to con­ceive, unless such an Agreement in the manner of his death, had originally proceeded from the Contrivers and Determiners as well of the Murder it self, as of the way how it should be perpetrated. The last thing to be hence observed that these Reports could never be the fictitious Forgeries of Persons Ro­mantickly dispos'd; seeing it was impossible that so many People at such distances one from another, and who never had any correspondence together, could never so exactly agree and com­bine together to impose upon the World, and abuse the Faith of Mankind. Nor is it a thing rational to imagin that it could be the Interest of Country Gentlewomen and Trades-men to spread abroad a Story of the Lord of Essex's cutting his Throat before it was done.

After all this, there could not be a greater confirmation that the Earl of Essex was no Felo de se, but that he was treacherously Murdered by others, and that the Authors of the Assassination, were Persons of great Interest and Power at Court, then the Let­ters and Proposals which were sent to some great Lords near the King, that if his Majesty would but grant a Pardon to two or three Men, that should be named when the Favour was granted, the whole Mystery of the Contrivance should be discover'd, and the Contrivers and Actors be particularly detected. Which Proposals if they were neglected, it may justly be attributed to this, that the Apprehensions of those great Persons of bringing Ruin upon their own heads, frighten'd them from the delivery of those Proposals to the King. More especially understanding what the D. of Y. had said in reference to Mr. Braddon, That he was ra­velling into such a Business, but that he was resolved to ruin him if all the Law of England would do it.

Another Letter was address'd to the Countess of E. and to the end it might be convey'd to her Ladyship, was directed to be left with one Mr. C. a Bookseller in the New Exchange; The [Page 27] Contents of which were, That if her Honor could prevail with the King for a Pardon, to one that would discover how the Earl came by his death; or obtain a Proclamation of his Majesty, assuring for­giveness to any one who should come in and detect by whom and after what manner the Earl was Murdered, that upon either of these Securities, the way of the Earl of Essex's Assassination should be re­veal'd and layd open with all the Circumstances. This Letter was brought to Mr. Cademan by a Young Woman, and left with him unseal'd. Who after he had perus'd it, and considered of the Consequence of it, carried it to one Mr. H. a Justice of the Peace in Covent-Garden, who is said by credible information to have carry'd it to one of the Secretaries of State. The Letter was conceiv'd to have been written by Bomeny himself, as being un­der some remorse in reference to the Earl's death, in regard that some of Bomeny's Hand-writing being produc'd to Mr. C. it ap­pear'd to the best of his remembrance and judgment to be the same as he had formerly seen it. However it was plain that it was written by one who was desirous to be known, in regard the Letter was sent open and by one who was able to have told from whence she had it. But nothing more amaz'd Rational People, than that notwithstanding the several Reports and universal Suspitions of the Earls being Murdered in the Tower, there was not the least Syl­lable publish'd to encourage an Inquisition after his Blood, nor any discovery of the Contrivers and Perpetrators of the Mur­der: whereas there had been a Promise of 500 l. to any that should discover the Murder of Sr. Edmund Berry Godfrey, a Person of far less Merit and Figure than the Earl of Essex; which seemed to arise from a fear that the King was in, of those that were accessary to it. Nevertheless the Matter could not be so stifled at that time, but that the load of the Charge was pri­vately lay'd upon the Earl of S. the Earl of F. and one more Person greater then either of them, the Truth of which Time and the Parliament will bring o Light.

On the otherside, as no Encouragement was ever offer'd for the Detection of the Murther, so all the means imaginable were used to deter Men from enquiring into the Matter. The Judges branded the Medling in it a Reflection upon the King, an Affront to the Government, and a design to embroil the Nation in trouble. The Attorney General stigmatiz'd the re­port and belief of the Earl's being Murthered, as The throwing [Page 28] that ill thing upon the Government, which he had committed upon himself. The Chief Justice Jefferies styl'd it a Libelling of the Go­vernment, and to have been forg'd in order to beget heart-burnings and jealoustes in the Kings Subjects against the Government, and to raise Sedition. Though in the Case of Sir Thomas Overbury, it was not then thought any dishonor to the Government, to have the Death of that Gentleman reinquir'd into, and to have it prov'd quite contrary to the Coroners Iuquisition, that instead of dying a natural Death, he was treacherously Murdered in the Tower; rather it was thought a great Vindication of the Honor of the Goverment, to have several of the Accomplices executed, and the Earl of Somerset and his Countess convicted and condemn'd as Authors of the Fact.

Great care was also taken to frighten and menace those who were thought any way conscious of the manner of the Earl's Death, or capable to discover any thing that might give any Light into the Matter. And therefore understanding that the Soldiers who were upon Duty that Morning had not only taken notice of several Persons, but made observations of several Circumstances, from whence the Murder might be inferred, and that some of them had spoken too lavishly of it abroad as well as among themselves, the said Soldiers were threatned under severe Penalties to hold their Tongues for the future, as several are ready to testifie when occasion serves.

But far more severe were the evil Treatments and Severities used toward Mr. Braddon, for endeavouring to deliver the Throne and Kingdom from the Guilt of Innocent Blood, by gathering up such Informations as might serve for the Detecti­on of the Murder. His being forced to give in 2000 l. Bail at the Council Board, to answer an Inditement of Subornation, for bringing a Child to the Earl of S. to testifie what he saw concerning a Razor thrown out of the Earl of Essex's Window, before the Noise of the Murder. His being clapt up in Fis­herton Goal near Salisbury, upon Information that he was going to Marlborough to inquire of the Report that the Earl had cut his Throat, divulged in that Town upon the very Day the Fact was committed. His being denied by the Lord Keeper, after he had been at the Charges of a Habeas Corpus to bring him to Town, the Benefit of the Statute, unless he would give 12000 l. [Page 29] Bail, which neither his Quality would enable him, nor his Prudence permit him to give, considering the Nature of his Offence. His being confined by Order of the Lord Chief Ju­stice, in the Prison of the Kings Bench, [...]fter he had given ten thousand pounds for his true Imprisonment. All which Hardships and Oppressions of an honest and worthy Gentle­man for enquiring into the Truth of certain Reports, which if admitted, had given great Light to the Discovery of the Fact, and the Authors of it, clearly evince that the Earl of Essex was murthered by others, and not by himself.

But the next Scene that was opened, was, after all these Suf­ferings, the bringing him to a Tryal, for endeavouring to cast Aspersions upon the Government, and defame the King. Where by way of Introduction, the first thing remarkable was, that the Lord Chief Justice was not only that Morning for some time at White-Hall, before he went to VVestminster, but was also attended by the Earl of F. at the Lighting out of his Coach in VVestminster, and discoursed with, not only as he went through the Hall, but in a Corner near the Court, before he as­cended to take his Place. Which gave many ground to suspect, that the Chief Justice's Business at VVhite-Hall, was to take such Instructions as he was to follow, for the Management of his Business, and that the Earl of F's discoursing him, was to imprint in him a fresh Sence of the Business that was to be be­fore him, and to make him sensible of the ill Consequences that would ensue to those that were concerned in the Conspi­racy, as the Lord F. was suspected to be, if Mr. Braddon should be acquitted. Another thing, was the Gesture, Countenance, Heat, Passion and Air of the Judges, which shew'd them to be rather sworn Parties against the Prisoner at the Bar, than equal Judges between the King and the Defendant, considering the malicious and slanderous Language vented against the Prisoner himself, the interrupting, menacing and hectoring his Council, and the byassing and imposing upon his Jury. And yet the very Indictment it self, Of maliciously endeavouring and conspiring to de­fame the Government; or as Justice W. termed it, Of charging the King with taking away an innocent Man's Blood, and of murther­ing an Innocent Man: And as it was laid in the Indictment, Of procuring and suborning false Witnesses, to prove that the Earl of Essex was not a Felo of himself, but was killed and murthered by [Page 30] unknown, was sufficient to have justified Mr. Braddons Innocency from the Crime of which he was accused. For granting that what was sworn concerning the bloody Razor, and all that was deposed concerning the preceding Reports in the City and Country, had been false: Yet was it evident that Mr. Braddon was not the Forger of those things; so that in their nature they were of that weight and importance, that any honest and ratio­nal Man might have a good ground of suspition.

Answerable to the Justice of his Tryal, was the Severity of his Fine of two thousand pounds, which was more than all his visible Estate, and consequently contrary to the Law of the Land. But nothing more encreased the Suspitions of those that were jealous enough already, as the two succeeding private Murthers of two Men, whose Employment gave them the Op­portunity to observe and know more than others did. The first was one Meake a Common Souldier, who stood Sentinel all that Morning near the House where the Earl of Essex was confin'd. For order was taken, that the Sentinels who were upon Duty when the King and Duke came to the Tower, which was about six of the Clock in the Morning, should not be relieved till their Departure, which was half an hour after nine. Which was done to prevent the Observations of as few as might be. This Meake had the Opportunity to observe all the Persons that went that Morning to the Earl's Lodgings. This poor Fellow hav­ing observed many remarkable particulars, and abhorring what he had seen; had neither the reservedness to conceal the know­ledge of what he had seen▪ nor the Prudence to understand to whom he discovered it; so that his Tale was soon carried to St. Jame's as an important piece of Intelligence. Wherefore that he might tell no more Stories, nor rise up as a Witness of what he saw, he was privately murthered and thrown into the Tower-Ditch.

The next was one Mr. Hawley, a Warder in the Tower, and for Repu [...]ation and Estate, far more considerable than that Hawley, at whose House the Earl was confined, and by conse­quence, one who had a better Opportunity to understand the whole Mystery of the Conspiracy then the Sentinel had, as be­ing a Person, without whose Privity, Consent and Assistance, the black Deed could not have been committed. And there­fore by how much he was the more capable than others to detect the whole Villany, and lay it open in all the several parts and [Page 31] Branches of it; and by reason of his Reputation, more capable of gaining Belief in the World, by so much was he to be the more dreaded by the Conspirators; especially when they under­stood that Hawley had been talking those things concerning the Earl of Essex's Death, which it concerned them no less than their Lives and Honours to have conceal'd; which made them resolve to hasten his Destruction, to prevent his farther telling of Tales. And therefore being informed that he was inquiring where he might lay out Money upon a Purchase, they em­ployed one to tempt him out of Town under pretence of shewing him a Parcel of Land that was to be sold; and by that means, being perswaded to take a Journey into the Country, he was so well set and dogg'd upon the Road, and the Ruffians exe­cuted their Orders with that Secrecy and Obedience, that it was a considerable while before he could be heard of, or his Body be found. And when at length, his Corps, after long enquiry, was discovered, there were all the Marks and Symp­toms upon it, of a barbarous and bloody Assassination, though it could be never heard of that he had ever given occasion to any other Persons in the World, unless it were the Conspira­tors against the Earl of Essex, to deal so inhumanly by him. Nor was his▪ Wife unsensible of the occasion of his Death, when she told some of her Friends, that she dreaded the ill Consequences of his so often discoursing of the Earl of Essex's Murther.

On the other side, as some were oppressed and persecuted, others destroyed, from whom the World might receive any Light concerning the Murther of this Noble Peer, so others, who were consenting and aiding in the committing of the bloody Fact, were countenanced, protected and abetted by the chief Ministers of State, and Officers of Justice. For it must be ne­cessarily acknowledged, that if the Earl were assassinated by vi­olent Hands, that Bomeny, who attended him in his Chamber, and was the only Servant that waited on him in the Tower, unless it were a Foot man, must be acquainted with it, and an Accessary to it. Of which, the Apprehensions he was in, and the Trouble he expressed to one of the Countesses Gentlewomen, upon a Report that the Earls Body was to be taken up again, in order to a second Examination, were no small Arguments. Nor was the Countess her self without a strong Suspition of this [Page 32] same French Valet's being guilty of her Husbands Death, which was the reason that she discharged him her Service, and dis­missed him out of the Family. After which, it least of all be­came the Honour of the Court, unless there were a farther Mystery in it than the World were aware of, to take him into Protection, and prefer him to Employment. For in the first place, the Lord Chief Justice, after he had been hectoring, in­terrupting, and daunting all the Witnesses for the Defendant, not only assisted and rectified Bomeny in his Deposition, guiding him to say a Razor, when the Fellow had said a Pen-knife, but gave him the Character of one, whose Integrity and Fidelity to the Earl had been confirmed by six years Experience, and that he was not an Ʋpstart or wandring Fellow. And this Esteem which Bomeny had with some of the Grandees at Court, was farther confirmed by the Correspondence which he had with the Secretary of State at that Time; so that when he lay con­ceal'd from others, he was still ready to be spoken with by any that pretended to come to him from Sir L. J. After which, notwithstanding the Ignominy and Suspicion he lay under, he was admitted to ride in one of the Troops of the Regiment of Guards. As to the Wound it self, certain it is, that the Coro­ners Inquest, in their Inquisition made the 14th. of July, 1683. gave this Account upon their Oaths, That the Earl of Essex, be­ing the 13th. Day of July alone in his Chamber, did with a Ra­zor, voluntarily and feloniously cut his Throat, giving himself one mortal Wound, 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 mortal Wound, the said Earl of Essex instantly dy'd. With which account, the Informations, upon Oath of Sherwood and Andrews, called to view the Body, agree, viz. That the Throat of the said Earl, was cut from one Jugular to the other, through the Wind­pipe and Gullet into the Vertebres of the Neck, both Jugular Veins being also quite divided.

Upon all which, the Observations most authentickly made, are, first, That the Razor sworn by Bomeny before the Inquest, to be the Instrument with which the Earl gave himself the Wound, was a small French Razor, about four Inches and a half long at most, without any Spit or Tonge at the end of the Blade, as the English Razors have, so that by its make and extent, it [Page 33] could not be used but by holding it by the Blade, and that to hold it with a steadiness requisite to make such a Wound, the Hand and Fingers could not grasp or fasten upon less then two Inches of it. In the next place that considering the Dimensions of the Wound, which reached to the Vertebres of the Neck in depth, and in length from the Neck-bone behind the Left Jugular, to the Bone of the Neck beyond the Right, between Eight and Nine Inches long, as a Gentleman who saw the Wound be­fore the Jury did, affirms; It was a thing which all Anatomists and Chyrurgious acknowleged and confirmed by substantial Reasons, that no Man in the World could himself cut his own Throat in that manner. In regard that after the cutting the one Jugular, it is impossible there should remain life and strength suffieient to carry forward the Wound to the dividing the other; since upon dividing the first Jugular, that all Life and Motion would have immediately ceased, so that there could have been no strength left to draw forward the Instrument to the second, so as to make a Dissection. Neither was it possible for a Wound or Gash of such a length and four Inches deep to be made by no more than wo Inches and a half of a small Razor; the rest being allowed to be lain hold on by the hand. And therefore a certain Gunner in the Tower, supposed to be not alto­gether a stranger to that Affair, pitched upon a more proper In­strument for the doing it, when about Nine of the Clock that Morning, he reported the Death of the Earl, in a place not far di­stant from thence, saying that the Earl had cut his Throat with a Case-knife, wherewith he had been carving a Pidgeon for his Breakfast.

After these Circumstances followed the failing of the Wit­nesses in the steady agreement of their Informations sworn be­fore the Coroner and his Inquest. For that whereas Bomeny swore, That on the 12th of July in the Morning, before the Earl of Essex was up, he sent the Footman home with a Note to the Steward, in which among other things he asked for a Penknife for his Lord, and that when the Footman was gone, a little after Eight of the Clock, my Lord sent Russel the War­der to the said Bomeny, who came and asked him if the Pen knife were come. To which Bomeny reply'd, No my Lord, but I shall have it by and by; and that thereupon my Lord bid him bring him one of his Razers, which he went and fetched and gave his Lordship, [Page 34] who apply'd himself therewith to pair his Nails. Russel Swears▪ That upon the 13th of July about Eight or Nine of the Clock in the Forenoon he was present when he heard the Earl of Essex call to his Man Bomeny for a Pen-knife to pair his Nails; and then for a Razor which Bomeny brought him; and that thereupon my Lord went up and down the Room scraping his Nails with the Ra­zor. So that while Bomeny deposes upon Oath, that the Earl called for the Razor, and had it delivered him upon the 12th of July, being Thursday, and the day before his▪ Death, Russel Swears, that it was upon the 13th of July, being Friday, and the day that my Lord was kill'd, that he ask'd for the Razor, and had it deliver'd by his Man. Then again, whereas Bomeny Swore, That Russel push'd the Closet door open where the Earl lay; which implys a violence used to get in, Russel Swears, That being called by Bomeny, he went to the Closet door and opened it, the Key being on the outside, Thirdly, whereas Bomeny Swears, that upon peeping through the Chink of the Closet­door he saw the Earl of Essex lying upon the Ground in the closet, without mentioning my Lords Body or any Part of it. Russel Swears, that Bomney upon peeping through the Chink of the Door, saw the Earl lying upon the Ground in the Closet, with­out adding any thing of his having seen Blood or a part of the Razor. Then again, whereas Bomeny and Russel both Swear, that the Closet-door where my Lord fell, was Locked when he came up to it, but that upon opening the Door, they found him lying all along upon the Closet floor, Peck, the Servant who brought the Provisions to my Lord, just as Bomeny pretended to have found him dead, and who upon Bomeny's meeting him upon the Stairs, tan immediately into the Chamber, affirm'd him­self ready to depose, That he saw the Earl's Body lying in the Closet with a great Part of his Legs without the Closet-door, and the print of a bloody▪ Foot upon one of his Stockings.

No less observable were the Circumstances of removing the Earls Body out of the Closet where it was found, and where it ought to have lain according to the Law, till the Coroners Jury had seen it: the unclothing, stripping and washing his Body, and the washing the Closet where it was found, and the Chamber where he lodg'd adjoyning to it, and the con­veving away of the Earl's Cloaths, and denying the Jury a sight of them; which depriv'd the Jury of many Circumstan­ces [Page 35] that might have afforded them a clearer Light in the gi­ing their Verdict.

True it is that one of the Jury having observ'd, that though they had been admitted to view the Body, yet they had not seen the Cloaths which the Earl wore when he was killed, but that they had been taken off and carried away, did thereupon ask to see the said Cloaths. But the noise of that demand coming into the next Room where some Gentlemen were attending, the Coroner was sent for, and severely checkt for suffering such Questions to be proposed; who thereupon rerurning back to the Jury told them, they were called to sit upon my Lords Body and not upon his Cloaths, and that it was sufficient they had seen his Body and received an Accompt how it was found.

The last thing discoursed of, to confirm that the Earl of Essex was no Felo de se, was that a Bloody Razor was thrown out of his Chamber-window, before any noise of his death, or the least Intimation that he was killed.

For that it was impossible that after he had cut his Throat him­self, he should himself throw it out, and therefore it must be thrown out by another. Now that a Bloody Razor was thrown out of the Earls Chamber Window the Morning that he was kill'd, was testi­fy'd by a Young Lad between Thirteen and Fourteen Years of Age, who having heard as he was going to School, that the K. and the D. were in the Tower, dispens'd with his School-duty, and made bold to go to the Tower to see them, and rambling there from one place to another all the Morning return'd home again about Ten of the Clock to his Mother, and told her, that the Earl of Essex was kill'd, and that while he stood nere the Earls Lodgings, looking up toward his Cham­ber Window, he saw a hand cast out a Bloody Razor, which as he was going to take up, there came a short Maid or Woman, with a White▪ Hood on her Head out of Captain Hawley's House where the Earl lay, and took up the Razor, which she immediatly carry'd into the Captains House, and ran up Stairs, and that soon after he heard one cry out Murder. All which the Boy frequently repeated and averr'd to his Father, Mother and Sister, and to one Mrs. Burt, as well as to Mr. Braddon: tho at last by the Flatteries of some and the Menaces of others he was wrought upon to retract what he had said. Nevertheless the soft Behaviour of the Court toward the Boy, and the rough Carryage of the Judges toward the rest of Braddons Witnesses strangely possessed [Page 36] the minds of People, that the Lad was more in the right in his first Affirmation then in his ensuing Retraction; besides that the same thing was affirmed by others. For that one Jane Lodeman a Girl of about thirteen Years of Age, being in the Tower that Morning the Earl was kill'd and standing over against his Lodgings, came home and told both her Aunt and others that it was reported, the Earl of Essex had cut his Throat, and that she had seen a Hand cast out a Bloody Razer out of a Window where they said that my Lord Lodged. Upon which it was easily inferr'd that Children of their Innocent Years could not frame or invent such a story of themselves. The rather because it was known that Meake the Sentinel who was Murdered and thrown into the Tower-ditch, had declared to several Persons the very day that my Lord was said to have killed himself, That just before the Earls death was publickly known, there was a Bloody Razer thrown out of his Chamber-Window, which was seen by some of the Souldiers as well as by others, and that whilst a little Boy who had seen the Razer thrown out, ran towards it to take it up, a short Maid or Woman that came out of the House where the Earl of Essex Lodg'd, was too quick for the Boy and snatched up the Razer, and having run in with it into a House, Murder was soon after cry'd out. All which Affirmations agreeing in every particular, though the Persons were unknown to one another and never had communication together, rendered the matter the more Suspicious: more especially seeing all things carry'd on with such a High Hand in the Court against Mr. Braddon, for only endeavouring to discover the Truth.

Some other Passages also were observed in the Tower that Morning my Lord was said to have kill'd himself, no less remarkable then the preceding; but seperated from the rest, as relating rather to the suspect­ed Contrivers and Actors, then the Testimonies. The first Observation of this Nature was, that the Gate at the lower end of those Apartments in the Tower where the Earl of Essex and the rest of the Gentlemen committed for the pretended Plot were Lodg'd and secured, and which always used to stand open from Morning to Evening, was all that Morn­ing, kept shut till after the Earl of Essex was dead, only that it was once opened to let out the Lord Russel to his Tryal, but then immediately after he was gone, was lockt up again. Which as it could not escape the sight of the Persons who were then confin'd, so it gave that sur­prize to some of them, being a thing unusual before; that one Gentleman in particular called to his Warder, to understand the [Page 37] meaning of it, and received for Answer, that there was special Order given for it.

The Second Passage remarkable that Morning was, that the King and the Duke having been at the Lievtenant's House, which is about the middle of the Lane or passage to the Mount where the Lord of Essex, and the rest were Imprisoned, and having stood in a Balcony with some few Attending them, to see the Lord Russel pass by to his Tryal, the Duke soon after withdrew with several waiting upon him, and went down into the Passage aforesaid, where the Gate was still kept shut.

The last thing which fell under the Observation of several in the Tower, was, that the Duke having withdrawn from the King, there were several Persons sent away and dismissed from his very side, to­ward the Earl of Essex's Lodging, who never returned till the Earls death, at what time they return'd and gave an Accompt of the O­bedience they had pay'd to his Highness's Commands, pretending withal that the Earl had cut his own Throat.

And from all these Circumstances layd together it was that such Violent Suspicions have so generally taken Root in the Kingdom, that the Earl of Essex was no Felo de se, but assassinated by Others.