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A67903 The five years of King Iames, or, The condition of the state of England, and the relation it had to other provinces. Written by Sr Foulk Grevill, late Lord Brook.; Five years of King James. Greville, Fulke, Baron Brooke, 1554-1628.; Wilson, Arthur, 1595-1652, attributed name. 1643 (1643) Wing W2887; ESTC R12332 56,301 91

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intent to incense the people the more against them and to make the matter the more hainous and grievous to the world At this time the Lady Arbella died a matter more remarkable then was observed and gave some occasion of speech to many but yet neverthelesse past over in silence These Hurly-burlies being growne somewhat calme and the minds of men a little setled the Countesse and others authorised for that purpose to be examined and my Lord Coke was the man that prest the Evidence against them which as it was thought procured some great enemies two and twenty Articles were objected against them Somerset pleaded Ignorance and that these Objections were meere tricks to intrap him and set the King against him The same answer was in the Countesse and that it might rather seeme to proceed out of envie then for any just cause They cause it to be given out that their accusations were wrong●ull and none were accused but such as were the greatest Favourites to the King so that there was much ado to little purpose At last when they heard that Weston Turner Francklin and Yeluis were all hanged and that they had confest the matter the Countesse being brought before the Councell confest the whole truth but Somerset stood to it still that he was not agent in it and that these accusations did nothing touch him and therefore ought to be excused Neverthelesse his lands and goods were committed to custodie part to my Lord Treasurer and part to others to the Kings use The Money Plate and Jewels which he had heaped up together amounted by report unto 200000. pounds his lands 19000. pounds per annum and the King bestowed many of them upon the Prince There was little speech of this in respect that both person and matter wherein hee was agent were both envied and facinerous nei●her was there any that pitied him but most said that hoe had but his just deserts for the injuries and wrongs that he offered unto Essex The Arraignment was put off and in the meane time Sir Walter Rawleigh was set at liberty This man had continued in the Tower now almost ten yeares a condemned person for a plot intended against his Majesty at his first comming in he bore a great envie against Somerset because he had begged his lands of the King and got it into possession giving him many quips and taunts during the time that he was in the Tower These two accidents happening beyond expectation that the one being the speciall favourite of the King the other a condemned man the one imprisoned the other set at liberty gave great occasion of speech and rumour and so much the more wonder and admiration because of Rawleighes wit and policie And this yeare also the Countesse of Shrewsbury who was committed for being privie to the escape of the Lady Arbella was set at liberty and the Earle her husband dyed leaving the greatest part of his land unto his daughters during all this time that is from Michaelmas Terme unto the short vacation betweene Easter and Trinity Terme the Arraignment was put off some attributed the cause to be for because the Countesse was with child and in the meane time was delivered of a daughter some that further proofes of incertainties might be brought in others to give them longer time to consider on the matter and that it was a great favour I say these rumours being published amongst the people at length the King authorised my Lord Chancellor to be High Steward of England for the time being and joyned eight of his Judges with him for his assistance viz. The foure Judges of the Kings Bench my Lord Chiefe Justice of the Common Pleas Justice Niccols my Lord Chiefe Barron and others of the Barrons with power to call Somerset and the Countesse before them to shew cause why they should not have sentence of death passed upon them for this offence committed both against the Laws of the Land and against the King his Crowne and Dignity So upon the foure and twentieth of May in this yeare 1616. There being a Seat Royall placed at the upper end of Westminster-hall a little short of the Kings Bench and seats made round about it for the rest of the Justices and Peeres to sit on and a little cabbin built close by the Common Pleas for the Prisoners when they came from the Tower to be put to rest them in They proceed to the triall after this manner As soone as my Lord High Steward with great State came into Westminster-hall with his assistants the Judges divers Lords and Gentlemen attending and foure Serjants at Armes before him ascending a little gallery made of purpose to keep off the croud he takes his seat and the rest of the Assistants and Peeres according to their places This being done after silence proclaimed one of the Harrolds at Armes reaches the High Steward his Patent and delivers it to the Clerke of the Crown to reade it After Sir Ralph Conis●y reaches him his staffe and i● there present according to his place to give attendance After the Patent read and proclamation for silence and that the accusers should come in the Prisoners were sent for by the Clerke of the Checker whose office it was to attend the Prisoners This being done and the Prisoners placed at the Barre Sir Henry Fanshaw reades the Indictment to which the Countesse pleaded guilty and confessed the fact But Somerset pleaded not guilty and had time from ten of the clock at night to cleare himselfe much was said but to little purpose At last the Peeres having conferred of the matter returne their verdict laying their hands upon their brests and swearing by their Honours for they doe not m●ke an Oath as ordinary Jurors do that he was guilty of the murther and poysoning of Sir Thomas Overbury whereupon my Lord High Steward pronounced sentence of death ag●inst him and so he was had back to the Tower where hee remaineth at the mercy of the King This man may justly say as Pope Barbaressa said when hee was put from the Popedome Qui modo summus eram laetatus nomine praecel Tristis abjectus nunc mea fata gemo Excelsus solio nuper versa●ar in alto Cunctaque gens pedibus oscula prona dabant Nunc ego poenarum sundo devulvor in imo Vultum deformem pallidaque ore gero Omnibus e terris aurum mihi sponte ferebant Sed nec gaesa juvet nec quis amicus adest Sic varians fortuna vices adversa secundis Su●dit ambiguis nomine ludit atr● Cedit in exemplum cunctis quos gloria tollit Vertice de summo mox ego Papa cado Loe here I am that sometime tooke delight in name of Pope Now being sad and abject doe bewaile my fate and hope Of late preferr'd I did converse with stately pompe and grace And every Nation to my feet their ready kisses place But now in dungeon deepe am throwne of paines
prospered then those that were profitable to the Common-wealth Of my Lord of Northamptons coming to honour the cause of the division betweene the Hollanders and the English betweene the Scottish and English betweene the English and Irish NOw Henry Howard yongest sonne of the Duke of Norfolke continuing a Papist from his infancy unto this time beginning to grow eminent and being made famous heretofore for his learning having beene ●rained and brought up a long time in Cambridge by the perswasion of the King changeth his opinion of Religion in outward appearance and to the intent to reape unto himselfe more honour became a Protestant for which cause he was created Earle of Northampton and had the Kings favours bountifully bestowed upon him first the office of Privie-seale then the Wardenship of Cinque Ports and lastly the refusall of being Treasurer This man was of a subtile and fine wit of a good proportion excellent in outward courtship famous for secret insinuation and for cunning flatteries and by reason of these flatteries became a fit man for the conditions of these times and was suspected to be scarce true unto his Soveraigne but rather endeavouring by some s●cret wayes and meanes to set abroad new plots for to procure innovation And for this purpose it was thought he had a hand in the contention that happened amongst the Hollanders and English concerning the Fishing the Hollanders clayming right to have the Fishing in the Levant and the English claiming right upon this contention they fell from clayme to words of anger from words of anger to blowes so that there dyed many of them and a starre was left for further quarrell but that it was salved by wise Governors and the expectation of some disappointed Neverthelesse the Papists being a strong faction and so great a man being their favourer grew into heads malice and indeavour to make the insolency of the Scotts to appeare who to this intent that they might be the more hated of the English not contented with their present estate would enter into outrages some count●rfeit the seale Manuell others quip the Nobility in disdaine and a third sort secretly contrive the English death whereby it happened besides common clamor that there were added secret discontents of private persons which caused jealousie to happen in those two Nations But His Majesty being both wise and worthy fore-saw the evill and prevented it by Proclamation by which meanes these clamors are stopt and the injurie and offences of both parties redressed The Irish seeing these sores and hearing of these misdemeanours for they have their intelligents here also begin to grow obstinate and make religion a pretence to colour their intentions for which cause they stand out and protest losse of life and goods rather then to be forced from their opinion being wavering and unconstant rather thirsting for Rebellion to the intent to purchase their owne liberty then peace every new alteration gives occasion of discontent and causes new complaints to be brought to the Kings eare under pretence whereof they grew contemptuous to their Governors and haters of the English Lawes The Captaines and Souldiers grew negligent for want of pay the great men envying one another through private covetousnesse and many insolencies being suffered causeth there also to be nourished many misdemeanours to the ruine of that Government These things being thus handled administers occasion to the Papists to hope for some alteration and change And that as a body that is violent consumeth it selfe without some speciall cause to maintaine it so these occurrents will be the cause of their owne destruction At this time there was a Leaguer in Denmarke and shortly after another in the Low-countries but to what end their beginnings were intended is yet unknowne The rising of the Earle of Somerset his favour and greatnesse with the King and his Parentage and discontent AMong other accidents that happened about these times the rising of one Master Carre was most remarkable a man borne of meane parentage inhabitant in a Village neere Edenborough in Scotland and there through the favour of friends was preferred to His Majesty to be one of his Pages for he kept twelve according to the custome of the French and so continued it so long as he was in Scotland afterwards coming into England the Counsell thought it more honourable to have so many Foot-men to run with His Majesty as the Queene had before these Youths had cloathes put to their backs according to their places and 50● a piece in their purses and so were dismissed the Court This youth amongst the rest having thus lost his fortunes to repaire them againe makes haste into France and there continued untill he had spent all his meanes and money So that now being bare in a strange countrey without friends or hope to obtaine his expectation returnes back for England bringing nothing with him but the Language and a few French fashions neverthelesse by the helpe of some of his countrey men and ancient acquaintance he was preferred unto the Lord Haies a Scotchman and favourite of the Kings to waite upon him as his Page not long after that Lord amongst many others was appointed to performe a Tilting who bearing an affection to this yong man aswell in respect he was his countrey man as that he found him to be of a bold disposition comely visag'd and of proportionable personage commixt with a courtly presence preferres him to carry his devise to the King according to the custome in those pastimes used Now when he should come to light from off his Horse to performe his Office his Horse starts throwes him downe and breakes his Legge this accident being no lesse strange then suddaine in such a place causes the King to demand who he was answer was made his name was Carre he taking notice of his name and calling to remembrance that such a one was his Page causes him to be had into the Court and there provided for him untill such time as he was recovered of his hurt after in processe of time the yong man is called for and made one of his Bed-chamber to His Majesty he had not long continued in his place before by his good endeavours and diligent service in his Office the King shewed extraordinary favour unto him doubling the favour of every action in estimation so that many are obscured that he may be graced and dignified Thus the hand of the diligent maketh rich and the dutifull servant cometh to honour he of all other either without fraud to obtaine or desert to continue it is made the Kings favourite no suit no petition no grant no l●tter but Mast●r Carre must have a hand in it so that great rewards are bestowed upon him by su●tors and large sums of money by His Majesty by which meanes his wealth increased with his favour and with both Honours for vertue and riches dignifie their owners being from a Page raysed to the dignity of Knighthood After his favour increasing
taken by another so that men dye other mens deaths Concidit infelix alieno vulnere and it is as the Psalmist calleth it Sagitta no●●e volans The arrow that flyeth by night that hath no ayme nor certainty and therefore if any man shall say to himself here is great talke of impoysonment but I am sure I am safe for I have no enemies neither have I any thing another man should long for why that is all one hee may sit next him at the table that is meant to be impoisoned and pledge him of his cup As we may see in the example of 21. H. 8. that where the purpose was to poyson one man there was poyson put into barme or yeast and with that barme pottage or grewell was made whereby sixteene of the Bishop of Rochesters servants were poysoned nay it went into the alms-basket likewise and the poore at the gate were poysoned And therefore with great judgement did the Statute made that year touching this accident made impoisonment high Treason because it tends to the dissolving of humane societie for whatsoever offence doth so is in the nature thereof high Treason Now for the third degree of this particular offence which is that it is committed upon the Kings prisoner who was out of his owne defence and meerely in the Kings protection and for whom the King and the State were a kind of respondent it is a thing that aggravates the fault much for certainly my Lord of Somerset let me tell you this that Sir Thomas Overbury is the first man that was murthered in the Tower of London save the murther of the two young Princes by the appointment of Richard the third Thus much of the offence now to the proofes For the nature of proofes you may consider that imprisonment of all offences is the most secret even so secret as that if in all cases of imprisonment you should require testimony you should as good proclaime impunity Who could have impeached Livia by testimony for the poysoning of the sigges upon the tree which her husband was wont to gather with his owne hands who could have impeached Parasetis for the poysoning of the one side of the knife shee carried with her and keeping the other side cleane so that her selfe did eat of the same peece of meat that they did whom shee did impoyson These cases are infinit and need not to be spoken of the secresie of impoysonment but wise men must take upon them in these secret cases Salomons spirit that when there could be no witnesses collected the act by the affection But yet we are not at our cause for that which your Lordships is to trie is not the act of impoysonment for that is done to your hands all the world by Law is concluded to say that Overbury was poysoned by Weston but the question before you is of the procurement onely and as the Law termeth it as accessary before the fact which abetting is no more but to doe or use any act or meanes which may aide or conduce to the impoisonment So that it is not the buying nor the making of the poyson nor the preparing nor confecting nor commixing of it or the giving or sending or laying of the poyson that are the only acts that doe amount unto the abetment but if there be any other act or meanes done or used to give opportunity of impoysonment or to facilitate the execution of it or to stop or divert any impediments that might hinder it and that it be with an intention to accomplish and atchieve the impoysonment all these are abetments and accessaries be●ore the fact As for example if there be a conspiracie to murther a man as he journeyeth on the way and it be one mans part to draw him forth to that journey by invitation or by colour of some businesse and another taketh upon him to disswade some friend of his company that he be not strong enough to make his defence and another hath a part to hold him in talke till the first blow be given all these my Lords without scruple are accessaries to the murther although none of them give the blow nor assist to give the blow My Lords he is not the hunter alone that lets slip the dog upon the Deere but he that lodgeth him and hunts him out or sets a traine or trap for him that he cannot escape or the like But this my Lords little needeth in this case for such a chaine of acts of impoisonment as this I thinke were never heard nor seene And thus much of the nature of the Proofes To descend to the Proofes themselves I shall keep this course First I will make a narration of the fact it selfe Secondly I will breake and distribute the proofes as they concerne the Prisoner And thirdly according to the distribution I will produce them or reade them to use them So that there is nothing that I shall say but your Lordships shall have three thoughts or cogitations to answer it First when I open it you may take your ayme Secondly when I distribute it you may prepare your answers without confusion And lastly when I produce the witnesses or the examinations themselves you may againe ruminate and readvise to make your defence And this I do because your memory and understanding may not be oppressed or overladed with length of evidence or with confusion of order nay more when your Lordships shall make your answer in your time I will put you in mind where cause shall be of your omission First therefore Sir Thomas Overbury for a time was knowne to have great interest and streight friendship with my L. of Somerset both in his meaner fortunes and after in so much that he was a kind of oracle of direction unto him and if you will beleeve his owne vaunts being indeed of an insolent and thrasenicall disposition he tooke upon him that the fortunes reputation and understanding of this Gentleman who is well knowne to have an able teacher proceede● f●om his company and counsell and this friendship rested not only in conversation and businesse at Court but likewise in communication of secrets of Estate for my Lord of Somerset exercising at that time by his Majesties speciall favour and trust the Office of Secretary provisicually did not ●orbeare to acquaint Overbury with the Kings Packets and dispatches from all p●●ts of Spaine France and the Low-countries and this not by glimses or now and then rounding in the eare for a favour but in a setled manner Packets were sent sometimes opened by my Lord sometimes unb●oken unto Overbury who perused them copied them registred them made table●talke of them as they thought good So I will undertake the time was when Overbury knew more of the Secrets of Estate then the Councell Table did nay they were growne to such inwardnesse as they made a play of all the world besides themselves so as they had Cyphers and Jurgons for the King and Queene and great men of