they assail me in my Strength and shall find my Deeds as ready and confident Justifications as my Words But it is not my Faith or Aspiring they here would bring in doubt they have a further Strain For as before they made my Name a Fume to disquiet the Head now they make it a Poyson to carry Infection into the Body For What is the Parliament but the Body of the Kingdom And why do they stain it with the hateful Name of Puritan but to make it odious to the King Indeed such Names help the Jesuits in Disputes of Religion when they are driven from all real Defences and would they practice this deploâ—able Art in the Matters of State if they were not in his Case that called Christ Galilean when he was vanquished by his Power For who knoweth not the Upper House of Parliament consisteth of all the Preâ—ates and Peers and the Nether House of near 500 Knights and Burgesses Elected and sent out of all Parts of â—he Kingdom And are all these Puâ—itans Do my Plots receive better Enâ—ertainment amongst them than with â—he Council of State And doth this reâ—roachful Comparison honour or disâ—onour those Able and Wise Men who are here presented to be well â—ffected to their Cause but their end â—as no Man's Honour It was to break â—he Parliament by setting Faction aâ—ongst the Members of both Houâ—es as well as with the Head and their â—and is most evident in misrepresenting the Case For where they say that almost every one of the Council both liked and allowed of the Propositions of the Catholick King and found therein no Cause to dissolve the Treaty They conceal that the Proposition was then made for the Palatinate alone supposing the Treaty of the Marriage should proceed And in that Case it mighâ— seem reasonable to very Wise Menâ— that the other Treaty should not bâ— broken off But in Parliament where both Parties come in Question together not one of those Able and Wise Men for they were all Memberâ— of the one House or the other dissented from the Council of dissolving them both The Altars of Provocation may then be objected to Worshippers of Saints or to them that appeal to their Idol at Rome and noâ— to Us who acknowledge no Sovereign upon Earth but our King to whom both Council of State and Parliament yield Odedience in all things How then may it be said thaâ— the Parliament is now above the King Or how can they hope that such shameless and impious Suggestions can make a prudent and good King jealous and doubtful of a most obsequious and dutiful People Especially at this time when it may truly be said That the Spirit of Wisdom in the Heart of the King hath wrought the Spirit of Unity in the Hearts of his Subjects which made the Success more happy than former Parliaments have had And this indeed is the matter which the Devil and they storm at For who can doubt that they and their Faction cannot endure without much trouble of Mind as they confess to see the weightiest Affairs and of greatest Moment to be now referred to the Censure of the Parliament when their fair Promises and Pretences can no longer prevail Yet let them tell us what greater and more Honourable Senate they have seen in Spain or elsewhere Besides Do not the very Writs for the Summons of Parliament express That is for the great and weighty Affairs of the Kingdom And have not our greatest and wisest Kings heretofore referred Treaties of Leagues of Marriages of Peace and War and of Religion it self to the Consultations of their Parliaments Those then that take upon them to undervalue this High Court do but expose their own Judgments to Censure and Contempt not knowing that Parliaments as they are the Honour and Support so they are the Hand-maids and Creatures of our Kings inspired formed and governed by their Power And if Charles the Fifth oâ— France by his Parliament of Paris recovered a great part of that Kingdom from this Crown and if Succeeding Kings there by the Assistance of that Court redeemed the Church from the Tyranny of the Pope We have no cause to doubt that our King by the Faithful Advice Assistance and Service of his Parliament shall be able both to recover the Palatinate which they here make so difficult and to protect our Neighbours and Allies and either to settle such a Peace as we really desire or to execute such Vengeance as God's Justice and their Sins shall for their Ambition assuredly draw upon them But they proceed and tell the King that it is said I have propounded many things to the Parliament in his Name without his Advice or Consent nay contrary to his Will And is not this to abuse the Ears and patience of a Prince to tell him many things are said and yet neither specifie the Matters nor the Men Or is not this to dally with my Name by Hear-says when with a harsh and incoherent Transition they suddenly fall upon â—he Prince who is the next true Mark their Malice shooteth at And when Malice it self cannot but acknowledge his Ingenuity and great Gifts and that in all things he shewâ—th himself an obedient and good â—on yet these Attributes they will â—eeds qualifie with a Nevertheless which cannot charge me as with a â—ault that I am confident in his Favour Or that I therefore despise all men to which Vice of all other my Nature is least inclin'd but indeed taxeth the Prince at least with participation of my ill Intentions by suffering me to make those persons subject to my Will which are most conformable to His. Whom they mean I know not but pray God that those Men they thus recommend to his Highness's neareâ— Trust prove not more dangerous to his Person than I have hitherto been refractory to his Will But having shot this Bolt they come back again to me as to their Stalking-horse to chuse a new Mark. And first for a preparative to the Prince Attention they wish that my Action were directed to his Good Then tâ— give at least some Varnish to theiâ— Work they tell him that good me believe meaning such as believe theâ— with an implicite Faith that I whâ— have imbroiled the Match with Spain will not be less able to break any other his Highness should affect iâ— which Speech if a Man will dive tâ— the Bottom of their Malice he must descend into Hell But for the Match with Spain can any man believe that his Majesty sent his Son that he went in Person that he both trusted Spain so far and did that Kingdom so much Honour and yielded to such Conditions or that I underwent that Hazard and Charge and pressed their King importuned his Favorite and Council and subjected my self to so many Indignities or that so great a Fleet even into their own Ports with Minds to interrupt or embroil or not rather to remove all Impediments to â—asten the Marriage and to bring â—ome
any that hath such Letters â—f Mark or Reprisal from any foreign â—rince or State whatsoever nor otherwise â—mploy themselves in any warlike serâ—ices of any foreign State upon the Sea â—ithout special license obtained from our â—elf or from our High Admiral as they will answer the contrary at their perils And for as much as although we are in peace with all Christian Princes and States yet during the continuance oâ— the War between the King of Spain and the Arch-Dukes on the one side and the United Provinces of the Lowâ— Countries on the other side many chances may happen as some already have hapned of difficult interpretation to our Officers and Subjects how to behave themselves in such Cases unless they be explained unto them We have thought it convenient to make anâ— open Declaration how our said Officers and Subjects shall demean themselves toward the Subjects as well of the King of Spain and Arch-Dukes as also of the States united in the Cases following First our pleasure is that within our Ports Havens Roads Creeks or other places of our Dominions or so near to any of our said Ports or Havens as may be reasonably construed to be within that Title limit or precinct there shall be no force violence surprise or offence suffered to be done either from man of War to man of War or man of War to Merchant or Merchant to Merchant of either party but that all of â—hat Nation soever so long as they â—all be within those our Ports and plaâ—s of our Jurisdiction or where our â—fficers may prohibit violence shall be â—nderstood to be under our protectiâ—n to be ordered by course of Justice â—nd be at peace each with other And whereas some of the men of War of each side have used of late and â—â— is like will use in time to come though â—ot to come within our Ports because â—here they know we can restrain vioâ—ence yet to hover and hang about the â—kirts of our Ports somewhat to Seaâ—oard but yet so near our Coasts and â—he entry of our Harbours as in reason â—s to be construed to be within the exâ—ent of the same and there to await the Merchant of the adverse part and do â—eize and take them at their going out of our Ports which is all one in a manner as if they took them within our Port and will be no less hindrance to the trade of Merchants Our pleasure therefore and commandment is to all our Officers and Subjects by Sea and Land that they shall prohibit as muâ—â— as in them lieth all such hovering 〈◊〉 men of War of either side so neâ—â— the entry of any of our Havens 〈◊〉 our Coasts and that they shall receiâ—â— and succour all Merchants and other that shall fall within the danger of anâ— such as shall await our Coasts in so neaâ— places to the hindrance of Trade anâ— Traffique outward and homeward from and to our Kingdomes And foâ— the better instructions of our Officeâ— in the execution of these two Articleâ— We have caused to be sent to theâ— plats of those limits within which 〈◊〉 are resolved that these Orders shall bâ— observed And where it hath happened and 〈◊〉 like to do often that a ship of War 〈◊〉 the one side may come into some of ouâ— Ports where there â—â—all be a Merchanâ— of the other side In such Case for thâ— benefit and preservation of the lawfuâ—â— Trade of Merchants our pleasure is that all Merchants ships if they will require it shall be suffered to depart ouâ— of the said Port two or three Tide before the man of War to the intent that the Merchant may be free from the pursuit of his Adversary and it it so happen that any ship or ships of War of the one side do find any ship or ships of War of the other side in any our Ports or Roads aforesaid like as our pleasure is that during there abode there all violence be forborn so do we likewise command our said Officers and Subjects both on Sea and Land that the ship of War which came in first be suffered to depart a Tide or two before the other which came in last and that for so long time they shall stay and detain any ship of War that would offer to pursue another out of any of our Ports immediately And where we are informed that notwithstanding the severity of our Laws against Receivers of Pyrates goods many of our Officers of our Ports and other Inhabitants within and near unto them do receive daily goods brought in from Sea by such as are indeed Pyrates if they and the getting of their Goods were well examined we do hereby admonish them all to avoid the receiving or buying of any goodâ— from sea coming not into the Realm by lawful course of merchandize for that they shall find we are resolved so to prevent all occasion and encouragement of Pyrates to be used by any ouâ— Subjects as we will cause our Laws to be fully executed according to their true meaning both against the Pyrates and all Receivers and Abettors of them and their goods Given at Thetford the first day of March in the second year of our Reign of Great Britain c. Anno Dom 1605. in An. Reg. Jac. 3. An Act for the granting of three entire Subsidies and six Fisteenths and Tenths granted by the Temporaltie to His Majesty with the reasons why granted and the great advantages his Majesty hath been to this Kingdom MOst Gracious Soveraign as at the first entrance of your Majesty into this Kingdom there appeared universally in all your Loving Subjects greater demonstrations of affection towards your Royal person than ever hath been observed towards any former King upon a joyful and foreruning expectation of your Majesties Religious Just and Gracious Government so finding by the grounded experience of three years now compleat of the same your happy Government that your Majesty hath turned our hopes into sensible and actual benefits we cannot but still settle and increase in Love Zeal and Duty towards you which we think fit more and more to make manifest to your Majesty not by externe showes but by real effects And therefore We your most Loving and Loyal Subjects being by your Royal Authority assembled in Parliament to consult of the great and important causes of this your Kingdom have entred into due consideration both of your Majesties great Benefit and of your present estate in the support whereof the continuance of these benefits doth principally consist wherein we do in the first place call to mind that by Gods great mercies and blessing and your Majesties Religious care in execution of the good Laws for that purpose ordained the true Religion of Almighty God freed and delivered from the servitude of blind and Forrain superstition is continued unto us and that in such sort as considering your Majesties constant and Judicial profession thereof and the Religious Education of your Children we rest assured that
where so much as in us lies to â—oot out and extirpate and Hereticks so convict to punish with Condigâ— Punishment holding that such an Hâ—retick in the aforesaid Form Conviâ—â— and Condemned according to thâ— Laws and Customs of this our Kingdom of England in this part accustomed ought to be Burned with Fireâ— We command thee that thou cause the said Edward Wightman being iâ— thy Custody to be committed to the Fire in some publick and open Placeâ— below the City aforesaid for the Cause aforesaid before the People and the same Edward Wightman in the same Fire cause really to be Burned in the Detestation of the said Crime and for manifest Example of other Christians that they may not fall into the same Crime And this no ways omit under the Peril that shall follow thereon Witness c. Anno Dom. 1616. An. Reg. Jac. 14. â— Order of the King 's Privy Council sent to the Peers of the Realm for the Tryal of the Earl and Countess of Somerset Whitehall Apr. 24. 1616. AFter our very hearty Commendations to your Lordship â—hereas the King 's Majesty hath reâ—ved that the Earl of Somerset and â—e Countess his Wife lately indicted â—f Felony for the Murder and Poyâ—ning of Sir Thomas Overbury then â—s Majesties Prisoner in the Tower â—all now receive their Lawful and â—ublick Tryal by their Peers immeâ—ately after the end of this present â—aster Term. At the Tryal of which â—oble Personages your Lordship's â—resence as being a Peer of the Realm â—nd one of approved Wisdom and Inâ—grity is requisite to pass upon them â—hese are to let your Lordship understand that his Majesties Pleasure â—â— and so commandeth by these our Leâ—ters that your Lordship make youâ— repair to the City of London by thâ— Eleventh day of the Month of Mâ—â— following being some days before thâ— Tryal intended at which time youâ— Lordship shall understand more of hiâ— Majesties Pleasure So not doubtinâ— of your Lordships Care to observe hâ— Majesties Directions we commit yoâ— to God Your Lordships very loving Friends G. Cant. T. Ellesmere Canc. Fenton E. Wotton Tho. Lake Lo. Dare. C. Edmonds E. Worcester Lenox P. Herbert R. Winwood F. Grevyll J. Caesar â—he Speech of Sir Francis Bacon at the Arraignment of the Earl of Somerset the Countess having received the King's Pardon â—T may please your Grace my Lord High Steward of England and you â—y Lords the Peers You have here â—efore you Robert Earl of Somerset â—â— be Tried for his Life concerning â—e Procuring and Consenting to the â—oysoning of Sir Thomas Overbury â—â—en the King's Prisoner in the Tower â—f London as an Accessary before the â—act I know your Honours cannot beâ—old this Noble Man but you must â—emember the great Favours which â—he King hath conferred on him and â—ust be sensible that he is yet a Memâ—er of your Body and a Peer as you â—re so that you cannot cut him off â—â—om your Body but with grief and â—herefore you will expect from us that give in the King's Evidence sound â—nd sufficient matter of Proof to satisfie your Honours Consciences As for the manner of the Evidence the King our Master who amongst other his Vertues excelleth in that Vertue of the Imperial Throne which is Justice hath given us Command that we should not expatiate nor make Invectives but materially pursue the Evidence as it conduceth to the points in question A matter that though we are glad of so good a Warrant yet we should have done of our selves For far be it from us by any Strains of Wit or Arts to seek to play Prizes or blazon our Names in Blood or to carry the Day other ways than on sure grounds We shall carry the Lanthorn of Justice which is the Evidence before your Eyes upright and so be able to save it from being put out with any grounds of Evasion or vain Defence not doubting at all but that the Evidence it self will carry that Force as it shall need no Advantage or Aggravation First My Lords The Course that will hold in delivery of that which shall say for I love Order is First I will speak something of the Nature and Greatness of the Offence which is now to be Tried not to weigh down my Lord with the greatâ—ess of it but rather contrariwise to â—ew that a great Offence needs a â—ood Proof And that the King howâ—ever he might esteem this Gentleâ—an heretofore as the Signeâ— upon his â—inger to use the Scripture Phrase â—et in such a Case as this he was to â—ut it off Secondly I will use some few words â—ouching the Nature of the Proofs which in such a Case are competent Thirdly I will state the Proofs And Lastly I will produce the â—roofs either out of Examination â—nd matters of Writing or Witnesses â—iva voce For the Offence it self it is of Crimes â—ext unto High Treason the greatest is the foulest of Felonies It hath â—ree Degrees First It is Murder by Impoysonment Secondly It is Muâ—der committed upon the King's Prisoner in the Tower Thirdly I might say it is Murder under the colour â— Friendship but that it is a Circumstance Moral and therefore I leavâ— that to the Evidence it self For Murder my Lords the firâ—â— Record of Justice which was in thâ— World was Judgment upon a 〈◊〉 therer in the Person of Adam's First born Cain and though it was not punished by Death but Banishment and marks of Ignominy in respect of the Primogenitors or the Population oâ— the World yet there was a severâ— Charge given that it should not gâ—â— unpunished So it appeareth likewise in Scripture that the Murder of Abner by Joab though it were by David respited in respect of great Services past or reason of State yet it was not forgotten But of this I will say no more because I will not discourse It was ever admitted and ranked in God's own Tables That Murder is of Offences between man and man next unto High Treason and Disobedience to Authority which sometimes have been referred to the first Table because of the Lieutenancy of God in Princes the greatest For Impoysonment I am sorry it should be heard of in our Kingdom It is not nostri generis nec sanguinis pecâ—atum it is an Italian Comfit fit for the Court of Rome where that person that intoxicateth the Kings of the Earth is many times really intoxicaâ—ed and poysoned himself but it hath three Circumstances which makes it grievous beyond other matters The First is That it takes a man away in full peace in God's and the King's peace that thinks no harm â—ut is comforting of Nature with Reâ—ection and Food so that as the Scripture saith his Table is made a Snare The Second is That it is easily committed and easily conceal'd and on â—he other side hardly prevented and hardly discovered For Murder by violence Princes have Guards and Private Men have Houses Attendants and Arms. Neither can such Murder be committed but Cum sonitu with some
unto Overbury who perused them copied them registred them made Table-talk of them as they thought good so I will undertake the time was when Overbury knew more of the Secrets of the State than the Council-Table did Nay they were grown to such Inwardness as they made a Play of all the World besides themselves so as they had Cyphers and Jurgons for the King and Queen and Great Men of the Realm Things seldom used but either by Princes or their Confederates or at the least by such as practice and work against or at the least upon Princes But understand me My Lord I shall not charge you with Disloyalty at this day and I lay this for a Foundation that there was great Communication of Secrets between you anâ— Sir Thomas Overbury and that it haâ— relation to matters of State and thâ— great Causes of this Kingdom But My Lords as it is a Principlâ— in Nature that the best things are in their Corruption the worst and the sweetest Vine maketh the sourest Vinegar so it fell out with them that this Excess as I may say of Friendship ended in mortal Hatred on my Lord of Somerset's Part. I have heard my Lord Steward say sometimes in the Chancery that Frostâ— and Fraud end foul and I may add a Third and that is the Friendship of Ill Men which is truly said to be Conspiracy and not Friendship For it fell out some twelve Months or more before Overbury his Imprisonment in the Tower that the Earl of Somerset fell into an unlawful Love towards that unfortunate Lady the Countess of Fsseâ— and to proceed to a Marriage with her this Marriage and Purpose did Overbury mainly impugne under â—retence to do the true part of a â—riend for that he accounted her an â—nworthy Woman but the Truth â—as Overbury who to speak plainly â—ad little that was solid for Religion â—r Moral Vertue but was wholly â—ossest with Ambition and Vain Gloâ—y was loth to have any Partners in â—he Favour of my Lord of Somerset â—nd especially not any of the House â—f the Howards against whom he had â—ways professed Hatred and Opposiâ—tion And my Lords that this is no siniâ—er Construction will appear to you when you shall hear that Overbury â—ade his Brags that he had won him â—he Love of the Lady by his Letters â—nd Industry so far was he from Caâ—es of Conscience in this point And certainly my Lords howsoâ—ver the Tragical Misery of this poor Gentleman Overbury might somewhat â—bliterate his Faults yet because we â—re not upon point of Civility but to â—iscover the Face of Truth before the Face of Justice For that it is material to the true understanding of the Statâ— of this Cause Overbury was noughâ— and corrupt the Ballads must be meâ—ded for that point But to proceed when Overbury saâ— that he was like to be Possessor oâ— my Lords Grace which he had poâ—sessed so long and by whose Greatness he had promised himself to dâ— Wonders and being a Man of an unbounded impudent Spirit he begaâ— not only to dissuade but to deteâ— him from the Love of that Lady anâ— finding him fixed thought to find â— strong Remedy and supposing thaâ— he had my Lord's Head under his Giâ—dle in respect of Communication oâ— Secrets of State as he calls them him self Secrets of Nature and thereforâ— dealt violently with him to make hiâ— desist with Menaces of Discovery anâ— the like Hereupon grew two Streamâ— of Hatred upon Overbury the one froâ— the Lady in respect that he crossed her Love and abused her Name which are Furies in Women the other of a more deep Nature from my Lord of Somerset himself who was afraid of Overbury's Nature and if he did break from him and fly out he would wind into him and trouble his whole Fortunes I might add a â—hird Stream of the Earl of Northampton's Ambition who desires to be first in Favour with my Lord of Somerset and knowing Overbury's Malice to himself and to his House thought that Man must be removed and cut off so as certainly it was resolved and Decreed that Overbury must die That was too weak and they were so far from giving way to it as they crossed it there rested but two ways of Quarrel Assault and Poyson For that of Assault after some Proposition and Attempt they passed from it as a thing too open and subject to more â—ariety of Shame That of Poyson likewise was an hazardous thing and subject to many Preventions and Caution especially to such a Working and Jealous Brain as Overbury had except he was first fast in their Hands Therefore the way was first to get him into a Trap and lay him up anâ— then they could not miss the Mark And therefore in Execution of thiâ— Plot it was concluded that he should be design'd to some Honourable Employment in Foreign Parts and should under-hand by my Lord of Somerset be encouraged to refuse it and so upon Contempt he should be laid Prisoner in the Tower and then they thought he should be close enough and Death should be his Bail yet were they not at their End For they considered that if there were not a fit Lieutenant of the Tower for their purpose and likewise a fit Under-keeper of Overbury First They should meet with many Impediments in the giving and exhibiting of the Poyson Secondly They should be exposed to Note and Observation that might discover them And Thirdly Overbury in the mean time might write clamorous and furious Letters to his Friends and so all might be disappointed And therefore the next Link of the Chain was to displace the then Lieutenant Wade and to place Yelvis a Principal Abettor in the Impoysonment to displace Cary that was Under-keeper in Wade's Time and to place Weston that was the Actor in the Impoysonment and this was done in such a while that it may appear to be done as it were in a Breath Then when they had this poor Gentleman in the Tower close Prisoner where he could not escape nor stir where he could not feed but by their Hands where he could not speak nor write but through their Trunks then was the time to act the last Day of his Tragedy Then must Franklin the Purveyor of the Poyson procure five six seven several Poysons to be sure to hit his Complexion then must Mrs. Turâ—er the Lay-mistress of the Poysons â—dvise what works at present and what at distance then must Weston â—e the Tormentor and chase him with Poyson after Poyson Poyson â—n Salt Meats Poyson in Sweet Meats Poyson in Medicines and Vomits until at last his Body by the use of Treacle and Preservatives was so fortified that the force of the Poysons was blunted upon him Weston confessing when he was chid for not dispatching him that he had given him enough to poyson twenty men And Lastly Because all this asked time Courses were taken by Somerset both to divert all the true means of Overbury's Delivery and to