same to be mortal poyson and put and mingled the same in Tarts and Jellies and gave the same to the said Sr Tho. Overb. as good and wholesome to eat which he in like manner took and did eat Also the said Weston and another man unknown being an Apothecary afterwards upon the fourteenth of Decem. felloniously did get a poyson called Mercury sublimate knowing the same to be deadly poyson and â—ut the same into a Glister and the said Glister the said Apothecary for the reward of 20 li. promised unto him did put and administer as good and wholesome into the guts of the said Sr Thomas that Weston was present and aiding to the said Apothecary in ministring infusing the said Glister and immediately after Sr Th. did languish and fell into diseases distempers and from the aforesaid times of taking and eating the said poysoned meats and ministring the said Glister he dyed And so the Jury gave their verdict that Weston in this manner had killed poysoned and murthered the said Sr Tho. Overbury against the Kings peace and dignity Which Indictment being read he was demanded if he were guilty of the Fellony murthering and poysoning as aforesaid yea or no To which he answered doubling his speech Lord have mercy upon me Lord have mercy upon me But being again demanded he answered Not guilty and being then demanded how he would be tryed he answered He referred himself to God and would be tryed by God refusing to put himselfe and his cause on the Jury or Country according to the Law and Custome Hereupon the Lord Chiefe Justice and all other in their order spent the space of an houre in perswading him to put himselfe upon the trial of the Law declaring unto him the danger and mischiefe he runnes into by resisting his ordinary course of triall being the means ordained by God for his deliverance if he were innocent and how by this means he should make himselfe the authour of his owne death even as if he should with a knife or dagger kill or stab himselfe exhorting him very earnestly either with repentance to confesse his fault or else with humility and duty to submit himselfe to his ordinary trial whereupon he stubbornly answered Welcome by the grace of God and he referred himself to God and so no perswasions would prevail The Lord Chiefe Justice plainly delivered his opinion that he was perswaded that Weston had been dealt withall by some great ones guilty of the same fact as accessary to stand mute whereby they might escape their punishment and therefore he commanded for satisfaction of the world that the Queens Attorney there present should declare and set forth the whole evidence without any fear or partiality and yet notwithstanding he once more used much perswasion to the Prisoner to consider what destruction he had brought upon himself by his contempt and declared unto him his offence of contempt was in refusing his triall and how the Laws of the Land had provided a sharp and more severe punishment to such offenders then unto those that were guilty of high Treason and so repeated the form of the Judgement given against such the extremity and rigor whereof was expressed in these words Onore frigore fame For the first that he was to receive his punishment by the Law to be extended and then to have weights laid upon him no more then he was able to bear which were by little and little to be increased For the second that he was to be exposed in an open place near to the prison in the open aire being naked And lastly that he was to be served with the coursest bread to be gotten and water out of the next sink or puddle to the place of Execution and that day he had water he should have no bread and that day he had bread he should have no water and in this torment he was to linger as long as nature could linger out so that oftentimes they lived in the extremity eight or nine dayes adding further that as life left him so judgement should finde him and therefore he required him upon considerations of these reasons to advise himself to plead to the Country who notwithstanding absolutely refused Hereupon the Lord Chiefe Justice willed Sr Lawrence Hide the Queens Attorney and there of Counsel for the King to manifest unto the audience the guiltinesse of the said Weston by his owne confession signed with his owne hand and if in the declaration thereof they met with any great persons whatsoever as certainly there was great ones confederates in that fact he should boldly and faithfully open whatsoever was necessary and he could prove against them whereupon Mr Attorney began his accusation First he charged the Countesse of Somerset and and the Earle to be principal movers of this unhappy conclusion Mrs. Turner to be of the confederacie and the pay-mistresse of the Poysoners rewards in which I could not but observe the Attornies boldnesse in tearming the Countesse a dead and rottten branch which being lopt off the whole Tree meaning that noble Family would prosper the better Secondly he proceeded to the cause which he affirmed to be the malice of the Countesse and the ground of this malice he alleadged and by many inducements he evidently affirmed that Sr Tho. Over. had perswaded him from that adulterate marriage of the Countesse of Somerset then Countesse of Essex and for this he alleadged as followeth Sr Tho. Over. having divers times disswaded the Earle then Viscount Rochester from seeking by any means to procure marrying with the Countesse of Essex to which he saw the Earle too much inclined having very earnest conference with the Earle one night in private in the Gallery at White-hall concerning his intendments perceiving the Earle that time too much to desire that unlawful conjunction in the ardency of his fervent affection unto the Earle and great prescience of future misery it would inevitably bring unto him his wel-beloved Lord and friend used speeches to this effect Well my Lord if you do marry that filthy base woman you will utterly ruine your honour and your selfe you shall never do it by mine advice or consent and if you do you had best look to stand fast My Lord replyed bewitched with the love of the Countesse and moved with the words of Sir Tho. Over. for sleighting her My owne legs are streight and strong enough to bear me up but in faith I will be even with you for this and so parted from him in a great rage This conference was over-heard by some in an adjoyning room and their depositions for the truth thereof were read in Court Although this conference moved the Earle to such a suddain choler yet it seemed Sir Tho. Over. conceited it not to be otherwise then a suddain extream distemperature or passion and not a final conclusion of their bosome friendship in which the Earle seemed as reciprocal as before howsoever in his double dealing it seemed to
which Sir Ier. Elvis had made to the King as touching Sir Tho. Overbury he confessed the same to be true The Examination of the Lieutenant taken 5. Octob. 1615. HE saith that having conferred with his servants about the time of Westons coming to the Tower he found it to be the very next day after he was made Lieutenant and had possession of the Tower and that he had Letters from Sir Tho. Monson that Weston might be Keeper to Sir Tho. Overb. which Letters he hath lost and Sir Tho. Monson told him the chief purpose of Westons keeping Sir Tho. Overb. was to suffer no Letters or other message to pass to or from and to that purpose he advised the Lieutenant Westons Examination 5. of October 1615. HE confesseth that the next day he was preferred to the Tower he had the keeping of Sir Tho. Overb. and soon after he received the glass by his son secretly from the Countess and that the Lieutenant told him all the Tarts came likewise from her and he confesseth that the Countess willed him to give them to Sir Tho. but not to taste of them himself Weston examined 1. Octob. 1615. COnfesseth that Mrs. Turn appointed him to come to White-Hall to the Countess the next day that he was at the Tower and that he went and that the Countess did request him to give Sir Tho. Overb. what she should deliver him but not to drink of it himself she promised to give him a good reward and he suspected it was poyson and he received the glass by his son and told the Lieutenant of it who did rebuke him and he set the Glass in a little study He confesseth he told Mrs. Turner he had given it him and demanded his reward That Mr. Iames and Mr. Rawl my Lord of Somersets men came often to know of him what Tarts Jellies or Wine Sir Tho. would have and they brought divers times Tarts and Jellies whereof he did eat The Confession of the Lieutenant to his Majesty Your Majesties servant Sir Jervas Elvis AFter Weston was placed in the Tower he met with me with Sir Tho. supper and the glass and asked me Sir Shall I give it him now wherein I protest unto your Majesty my ignorance as I would also be glad to protest the same to the world so I privately conferred with Weston and by this means made him assured unto me and knew all but disswaded and as Weston hath since the death of Sir Tho. confessed unto me that the Glyster was his overthrow and the Apothecary had 20. l. for administring it Here the Lord Chief Justice observed by this question of Weston to the Lieutenant Sir shall I give it him now that it was presently agreed and plotted before what should be done and that nothing more was doubted on but the time when it should be done The testimony of Lawrence Davis taken upon Oath before Cook and Crew HE affirmeth that Weston delivered him a Letter from Sir Tho. Overb. to Roch. the effect whereof was that he would do his endeavor in being a means of friendship between Roch. and some others but as touching the Marriage with the Countess of Essex he would never give his consent and also bringing a Letter from Roch to Sir Tho. Monson he delivered it to Weston and a paper of white powder fell out which Roch. perswaded Sir Tho. Overb. to eate and not to fear though it made him sick for that should be a means for his enlargement so they put the powder into the Letter again He saith he saw some part of the powder in Westons hand after the death of Sir Tho. Overbury The Examination of Simon Weston and Paul de la Bel as at the first Arraignment and Giles Rawlings Esquire 15. Octob. 1615. SAith that upon the bruit of poysoning of Sir Tho. Overb. being taxed of divers for that he stirred not in the matter Sir Tho. being his kinsman and means of his preferment he did of himself prefer a Petition to the King that the cause might be referred to the Judges of the Law for ordinary course of Justice rather then to the Lords of the Councel by them to be examined of which he had a gracious Answer and saith that of 14. dayes before the death of Sir Tho. he could never be suffered to see him either in his chamber or out of the window which Weston said was the commandment of the Lords and the Lieutenant And here the Lord Chief Justice observed what a scandal they put upon his Majesty and the State that a Gentleman and a Free-man being onely committed upon contempt should more straightly and closely be kept then a Traytor or Bondslave so that neither his father brother or friend might possibly see him and to that point Mr. Overbury father to Sir Tho. sware being present in Court who said that his son being prisoner in the Tower and himself not being suffered to have access unto him he found at last that Roch. was the man that withstood it The Lieutenants Examination the 5. of October SAith that after the death of Sir Tho. Overb. Weston told him that he was neglected by the Countess and demanding his reward Mrs. Turner told him the Countess had no money but afterwards he confessed he had received some and should receive more That Mr. Iames told him Somerset would reward him for the pains he took with Sir Tho. He saith the Tarts were sent from the Countess to Sir Tho. which looked ill-favouredly and the Jellies with a little standing would be furred and thinketh they were poysoned Also VVeston told him that the Apothecary had 20. l. for giving the Glyster and that he was poysoned with the Glyster Hence was observed as well by the Court as the Queens Attorney that VVeston was not single in his Confession but whensoever he had confessed any thing in any of his Examinations it was likewise confirmed by the Examination of others as the Lieutenant and his son The Examination of William Goare one of the Sheriffes of London SAith Weston being in his custody he often perswaded him to put himself to be tryed by his Country Weston telling him he would first kill himself and ask God forgiveness afterwards and said he hoped they would not make a Net to catch little birds and let the great ones go Then Mr. War craving leave of the Court to speak proâ—â—â—â—â— conscience he never found a business prosecuted so by degrees which were the ground of Sir Tho. his overthrow he urged the evidence in the examination of Sir David VVood and shewed the reasons of the malice against him to be for that he was so great an impediment to affections then he made the dependency Mrs. Turner had to the Lady and Weston to Mrs. Turner and how they all concluded to kill Sir Tho. Overbury the like whereof he said our Fathers never saw before us and he lamented much the place from whence the poyson came should be from the Court the place said
Fanshaw How wilt thou be tryed By God and the Country but presently recalling himself said By God and my Peers O Yes all you that be to give in Evidence against Robert Earl of Somerset who stands now at the Bar upon his deliverance make your appearance and you shall be heard what you have to say against him My Lord of Somerset upon his Arraignment having pleaded not guilty the Proceeding after was thus Robert Earl of Somerset you have been Arraigned and pleaded not guilty now whatsoever you have to say in defence of your self say it boldly without fear and though it be not the ordinary custom you shall have Pen and Ink to help your memory but remember that God is the God of Truth a fault defended is a double Crime Hide not the verity nor affirm not an untruth for to deny that which is true increaseth the offence Take heed left your wilfulness cause the Gates of Mercy to be shut upon you Now for you my Lords the Peers you are to give diligent attention to that which shall be said and you must not rest alone upon one peece of Evidence but ground your Judgment upon the whole This moreover I would have you remember that though you be not sworn as common Juries upon a Book yet you are fled in as great a Bond your own Honors and Fidelity and your Allegiance to the King and thus I leave the whole Proceedings to your Censure and for you that be of the Kings Councel free your discourse from all partiality and let Truth prevail and endeavor to make it appear Sergeant Mountague My Lord High Steward and you my Lords I know this cannot be but a heavy spectacle unto you to see that man that not long since in a great place with a white Staff went before the King should now at this Bar hold up his hand for blood But this is the change of Fortune nay I might better say the Hand of God and Work of Justice which is the Kings Honor But now to the Fact Robert Earl of Somerset stands indicted as accessary before the Fact of the wilful Murther and poysoning of Sir Tho. Overbury done by Weston but procured by him This my Lords is your Charge the Indictment hath been found by men of good quality or Knights and Esquires of the best rank and reputation some of whose names I will be bold to read unto you Sir Thomas Fowler Sir Will. Slingsby and five more these have returned Billae Vera. VVeston at four several times gave Overbury four several Poysons the first May 9. 1613. that Rosaker carrying this Poyson in one hand and the Broth in the other hand the second was in Iune following and that was Arsnick the third was in Iuly 10 then following and that was Mercury Sublimate the fourth was on the 14 of September and that was Mercury Sublimate in a Glister given by VVeston and an Apothecary yet unknown and that killed him Of these four several Poysons ministred by Weston and procured by him the 15. of Sept. 1613. Overbury dyed and the Author is ever worse then the Act The first Poyson laid in the Indictment that Weston gave Sir Tho. Overbury was the 9. of May and therefore we say the Lord of Somerset May 8. hired counselled and abetted Weston to that Fact And as this my Lord I do charge you for a King so King David was charged in the like case for the murther of Uriah and though David was under his Pavilion and Uriah in the Army yet David was the cause of his murther So you were in the Kings Chamber and Overbury in the Tower yet you were the Cause and it is you that killed him It was a stronger hand then Westons that wrought this the proof Mr Attorney will follow And now will I conclude with desires to the Peers that they will not expect visible Proofs in a work of darkness The second That whereas in an Indictment there may be things laid only for form you are not to look that the Proof should follow that but only that which is substantial and the substance only must be this Whether my Lord of Somerset procured or caused the poysoning of Sir Thomas Overbury or not Lord Steward That indeed my Lord is that which you are to look after whether my Lord Somerset was the Cause of his poysoning or not Cook This was well moved by Mr Recorder and the Law is clear in this point that the proof must follow the substance not the form The Judges all rising affirmed this to be true This my Lord is certain the Law gives form in Indictments but only substance in Proofs I know my Lord High Steward and you the Lords the Peers that you cannot behold this Lord at the Bar without the remembrance of his former greatness yet a Peer amongst you and therefore I know you will be very tender in the cutting of him off from your number without good Evidence We my Lords that be to speak against him have received an admonition from the King to use no Invectives but give in pertinent Evidence I think we should have done so howsoever but yet we cannot but be glad of so good a Warrant we will therefore carry the Proof upright against all Evasion the Evidence will bear it self That which I am now to speak I will divide into four Parts The first shall be of the greatness of the Crime not to weigh or press you down my Lord but to shew that the King was bound by his Oath to bring this Cause to Judgment though you had been the Signet of his right Hand The second shall be what Proof I hold to be competent in this Case Thirdly I will state and sum up the Proof And fourthly I will produce Oaths or Writings confessed First Of all kind of Felonies this is the greatest and that I will urge thus First It is Murther the first Record we ever read of in the Bible was a sentence upon Murther and though Cain was not punished with death in respect of the Primogenite or some other secret Causes which God reserved to himself yet he was sentenced Although Ioabs sentence for the Murther of Abner was respited yet it was not forgotten no Sanctuary could relieve him he was taken from the Horns of the Altar In the second Table the first forbidding Commandment is Thou shalt not Murther And some other most learned Rabbins that referred that Commandment where the Obedience of Parents is expressed to the first Table so then this is the first of the second My second Aggravation is that this Murther is by Poyson Poyson is a forraign practice fit for Rome and her Doctrine It hath these three Attributes First It is fierce it takes a man suddenly in Gods Peace and the Kings when he thinks least of it Secondly It is easily done and once conceived hardly prevented or discovered Princes have their Guards about them to withstand any force or violence and Gentlemen their
to be made known unto him That Councellor added that he took it for a favour from him but withall added there lies a kind of heavy Imputation on him about Overburies Death I could wish he could clear himself or give some satisfaction in the point This my Lord related back and presently Elvis was struck with it and made a kind of discovery that some attempts were undertaken against Overbury but took no effect as checkt by him This Councellor weighing well the Narration from Elvis acquainted the King with the Overture who commanded presently that Elvis should set down his knowledg in writing which accordingly he did but always reserving himself still endeavoring rather to discover others then any else should undertake that Office and so accuse him The King still endeavors to search the truth of this business gives Direction for the Examination of the Truth of it commits it to certain Councellors they pick something out of him and Weston then the further Enquiry is delivered over to my Lord Cook who in this Cause was very painful took two and three hundred Examinations but when he found it might touch upon greater persons then he desired some others might be joyned with him which was accordingly granted namely the Lord Chancellor Lord Steward and the Lord Zouch but then there were no practices left untryed for the suppressing of the Discovery Weston was solicited to stand mute but at last this dumb Devil was cast out then followed Elvis Turner Francklin all which were Actors in this Tragedy without Malice but no Authors Now when this Lady comes to her part she meets Justice in the way by Confession which is either the Corner stone of Mercy or Judgment yet it is said Mercy and Truth are met together Truth you have in her Confession and that may be a degree to Mercy with me it must be and to him in whose Power it resides in the mean time this day must be reserved for Judgment Now to conclude and give you Accompt of the often Procrastinations in this business the first was due to Humanity her Child-birth the second was for reason of state and the last had a grave and weighty Cause These Directions the King at first gave written with his own Hand for the Examination of this business I desire may be read The Kings Instructions THere be two contrary things in this Cause to be tryed and the verity can be but in one of them First whether my Lord of Somerset and my Lady were the Procurers of Overbury's death or that this Imputation hath by some practice cast an aspersion upon them I would have you diligently inquire of the first and if you find him clear then I would have you as carefully look after the other to the intent such practices may be discovered and not suffered to pass without punishing Attourney There be other Directions in these Instructions by way of Interrogatories that are not now necessary to be read let the Lords the Peers view these Directions from the King None of these Interrogatories which the King desired there should be examination upon came away empty and whatsoever whispering there be abroad of the death of Weston they all before the hour of their death confessed the fact and dyed penitent and if need should require I have brought their Confessor along namely Doctor Whiting Lord Steward My Lords you have seen and have heard these Directions under the Kings Hand with Glory to God and Honor to the King Attourney May it please your Grace whereas Frances Countess of Somerset as accessary before the fact of the wilful poysoning and murther of Sir Tho. Overbury upon her Indictment she hath been Arraigned then upon her Arraignment she hath confessed Guilty I desire that her Confession may be recorded and Judgment upon the Prisoner Fanshaw Frances Countess of Somerset thou hast been Indicted Arraigned and pleaded Guilty as accessary before the Fact of the wilful poysoning and Murther of Sir Tho. Overbury what canst thou say for thy self why Judgment of death should not be pronounced against thee Countess I can much aggravate but nothing extenuate my fault I desire Mercy and that the Lords would be pleased to intreat for me to the King This she spake humbly fearfully and so low that the Lord Steward could not hear it but the Attourney related it Attourney The Lady is so touched with remorse and sense of her fault that grief surprizes her from expressing of her self but that which she hath confusedly said is to this effect That she cannot excuse her self but desires mercy Sir R. Connisby sitting before the Lord High Steward rises and upon his knees delivers him the white staff Lord Steward Frances Countess of Somerset whereas thou hast been indicted Arraigned and pleaded Guilty and confessed that thou hast nothing to say for thy self it is now my part to pronounce Judgment only thus much before since my Lords have heard with what Humility and grief you have confessed the Fact I do not doubt but they will signifie so much to the Kings Majesty and mediate for his Grace towards you but in the mean time according to the Law the sentence of death must be thus Thou must go to the Tower of London from hence and from thence to the place of Execution where you are to be hanged by the Neck till you be dead and Lord have Mercy upon your Soul The Arraignment of the Lord of Somerset May 25. 1616. being Saturday ANd first what was done before the Pleading Sergt Cryer O Yes My Lord High Steward of England purposes to proceed this day to the Arraignment of Robert Earl of Somerset O Yes Whosoever have any Indictments touching this Cause presently give them in The Lord Cook delivers the Indictment of my Lord of Somerset to Mr Fanshaw endorsed Walter Les Sergeant at Arms return the Precipe for the Lords which thou hast warned to be here this day O Yes He calls every Lord by his name and they stand up as they be called The Lord Steward excuses the Lord Mountegle and Russel of their absence in respect of their sickness Fanshaw Robert Earl of Somerset hold up thy hand He held it up so long till Mr Lievtenant bid him hold it down The Indictment is read containing VVestons Actions in the poysoning of Sir Tho. Overbury and his abetting of him the 8. of May 1613. The Lord Somerset was apparelled in a plain Sattin Sute laced with two Sattin laces in a seam a Gown of uncut Velvit all the sleeves laid with a Sattin lace a pair of Gloves with Sattin tops his George about his Neck his Hair curl'd his Visage pale his Beard long his Eyes sank in his Head whilest his Indictment was reading he three or four times whispered to the Lievtenant Fanshaw Robert Earl of Somerset what saist thou art thou guilty of this Felony and Murder whereof thou standest indicted or not Somerset making obeysance to the Lord Steward answered Not guilty
letter from Sir Tho. Monson requesting him that Weston might be Keeper to Sir Tho. Overb. and that he did performe it and afterwards having conference with Sir Tho. Monson told him that his Keeper was not to suffer any letters or tokens to be delivered to him Richard Weston the prisoner examined againe HE confesseth he shewed the Glasse that was delivered him by his son from the Countesse to the Lieutenant and told him it came from the Countesse of Essex and that he perswaded him not to give it to Sir Tho. Overb. and saith he had divers Tarts from the Countesse to give to Sr Thomas with Caveats that himself should not taste of them and confesseth he thought they were poysoned He saith Mrs. Turner appointed him to come to White-hall and that she dealt with him to give Sir Tho. Overb. the water and told him he should not drinke thereof and promised him a great reward and he suspected it was poyson his son afterwards delivered him the glasse which he shewed to the Lieutenant who rebuked him and so he set the glasse in a study near to Sir Thomas his chamber but gave it him not although he told Mrs. Turner the next day he had given the water which made Sir Thomas to vomit aften and to be exceeding sicke He saith Mr. Iames and Mr. Rawlings servants to the Countesse came often to know of this Examinant how Sir Thomas did and what he would eat and they delivered him Jelly and Tarts which he gave to Sir Thomas who did eat thereof He saith he demanded of Mrs. Turner his reward who answered he was not to have his reward untill Sir Thomas was dead and that he was promised a Pursevants place but confesseth that afterwards at two severall times he received secretly after the death of Sir Thomas for a reward by Mrs. Turner from the Countesse 180 li William Weston son to the prisoner examined HE confesseth he received a Glasse from the Countesse by her servants two inches long being wrapped in a paper which he delivered to his father in the Tower Then was read the confession of the Lieutenant to the King that Weston met him carrying Sir Thomas's supper in one hand and the glasse in the other and demanded of the Lieutenant thus Sir shall I give it him now whereat the Lieutenant stepped to him and asked him what to which Weston said why know you not what is to be done and so the Lieutenant having made him to confesse the matter disswaded him and he seemed to be resolute not to do it and afterwards this Weston confessed to the Lieutenant an Apothecary had twenty pound for ministring a Glister to Sir Tho. Overbury Weston the prisoner examined before the Lord Zouch and others COnfesseth that Sir Thomas had a Glyster which gave him sixty stools and vomits also being confronted with the writings of Sir Ier. Elvis and charged therewith confesseth the same to be true Simon Marson Musitian examined SAith he served Sir Tho. Monson six years and was preferred by him to the Kings service but waited sometimes upon Sir Thomas Monson he saith he received divers Tarts and Jellies from the Countesse of Essex to be carried to the Lieutenant of the Tower for Sir Tho. Over. Paul de la Bell examined SAith that the third of Iuly he made Sir Tho. Over. a Bath by Dr. Michams advice to coole his body and he saw his body exceeding fair and clear and again he saw his body being dead full of Blisters and so consumed away as he never saw the like body Giles Rawlings a kinsman of Sir Thomas Overbury examined SAith upon the bruit of the murther of Sir Tho. he was taxed by some why he made no prosecution he thereupon made a Petition and delivered it to the King that the examination of the cause might be referred to the judgement of the Law and denieth that he was perswaded by any to the contrary He saith that he comming often to the Tower to see Sir Thomas could not be suffered to see him so much as out of the windows and Weston told him it was the commands of the Councel and the Lieutenant The Lieutenant of the Tower examined HE saith that after the death of Sir Thomas VVeston came to him and told him he was much neglected and sleighted by the Countesse and could receive no reward but afterwards he confessed he had received a hundred pounds and should receive more and the Lieutenant also saith that Sir Thomas was very angry with his Apothecarie at certain Vomits which he had and also that the Tarts and Jellies which he had would be found within a day or two standing ill coloured and that no body did eat thereof but Sir Thomas and VVeston confessed to him that an Apothecarie had twenty pounds for ministring the Glyster These examinations being read and applied to the purpose the Lord Chief Justice said he would discharge his duty first to God in giving all glory for the bringing to light of so horrible and wicked a fact and next to the King his great Master who as in case of the like nature in the case of Zanq and Turner so specially in this case hath given given streight charge of due and just examination to be had without any partiality or fear of the world to the intent as well the innocent might be free as the nocent and guilty severely punished And for this purpose his Majesty had with his owne hand written two sheets of paper on both sides concerning Justice to be administred to all persons which were to be examined which writing the Lord Chief Justice shewed to the Lord Maior and the rest of the Commissioners and then he declared the Kings justice who albeit the many favours and honors which his Majesty had bestowed upon the Lord of Sommerset and his nearnesse to his person by reason of his office yet he had committed him prisoner to the Dean of Westminster under the custody of Sr Oliver Sr Iohn and also had committed his Lady so having last of all demanded again of the prisoner if he would put himself to be tried by the Country which he refused the Court was adjourned untill Munday following at two of the clock in the afternoon The second Arraignment of Richard Weston ON Munday the 23 Oct. 1615. to which day the Court was adjourned by the said Commission afer Proclamation made the Jury of life and death called the prisoner VVeston was set to the Bar and Mr Fanshaw Clerk of the Crown declared to him that he had been formerly arraigned and pleaded not guilty so he demanded of him how he would be tryed whereunto the prisoner answered by God and his Country and thereupon the Jury being sworn the Indictment being read as before Sir Lawr. Hide the Queens Attorney being of the Councel for the King having briefly rehearsed the effect of the Indictment shewed how that he must necessarily mention others that were guilty of the same fact wherein
buried very deep in the grave or else said he I shal fear you all To him in his life time often resorted the Countess of Essex and Mrs Turner calling him Father their cause of comming was that by the force of Magick he should procure the now Earle of Somerset then Viscount Rochester to love her and Sir Arthur Mainwaring to love Mrs Turner by whom as it was there related she had three Children About this business the Countess wrote two Letters the one to Mrs. Turner the other to Doctor Forman as followeth The Countesses Letter to Mrs. Turner SWeet Turner I am out of all hope of any good â—n this work for my Father Mother and Brother said I should lye with him and my Brother Howard was here and said he would not come from this place all this Winter so that all comfort is gone and which is worst of all my Lord hath complained he hath not lain with me and I would not suffer him to use me my Father and Mother are angry but I had rather die a thousand times over for besides the sufferings I shall lose his love if I lye with him I will never desire to see his face if my Lord do that unto me my Lord is very well as ever he was and so you may see in what a miserable case I am you must send the party word of all he sent me word all should be well but I shall not be so happy as the Lord to love me as you have taken pains ever for me so now do all you can for never so unhappy as now for I am not able to endure the miseries that are comming on me but I cannot be happy as long as this man liveth therefore pray for me for I have need but I should be better if I had your company to ease my minde let him know this ill news if I can get this done you shall have as much money as you can demand and this is fair play Your Sister Fran. Essex Burn this Letter A Letter from the Countess to Doctor Forman SWeet Father I must still crave your love although I hope I have it shall deserve it better hereafter Remember the Galls for I fear though I have yet no cause but to be confident in you yet I desire to have it as it is remaining yet well so continue it still if it be possible and if you can you must send me some good fortune alas I have need of it keep the Lord still to me for that I desire Be careful that you name me not to any body for we have so many spies that you must use all your wits and all little enough for the world is against me and the Heavens favour me not onely happy in your love I hope you will do me good and if I be ungrateful let all mischief come upon me My Lord is lusty and merry and drinketh with his men and all the content he gives me is to abuse me and use me as dogedly as before I think I shall never be happy in this world because he hinders my good and will ever So remember I beg for Gods sake and get me from this vile place Your affectionate loving Daughter FRAN. ESSEX Give Turner warning of all but not the Lord I would not have any thing come out for fear of my Lord Treasurer for so they may tell my Father and Mother and fill their ears full of toyes There was also shewed in Court certain pictures of a man and woman in copulation made in Lead as also a mould of Brass wherein they were cast A black Scarf also full of white crosses which Mrs. Turner had in her custody At the shewing of these and inchanted papers and other pictures in Court there was heard a great crack from the Scaffolds which caused a great fear tumult and confusion amongst the spectators and throughout the Hall every one fearing hurt as though the Devil had been present and growing angry to have his workmanship shown by such as were not his own schollers and this terrour continuing about a quarter of an hour silence proclaimed the rest of the cunning tricks were likewise shewed Doctor Formans wife being Administrix of her husband found Letters in packets by which much was discovered she was in Court and deposed that Mrs. Turner came to her house immediately after the death of her husband and did demand certain pictures which were in her husbands study namely one picture in wax very sumptuously appareled in silk and sattins as also one other picture sitting in form of a naked woman spreading and laying forth her hair in a Looking-glass which Mrs. Turner did confidently affirm to be in a box and that she knew in what part of the study they were Mrs. Forman further deposeth that Mrs. Turner and her husband would be sometimes three or four hours locked up in his study together She did depose further her husband had a Ring would open like a Watch There was also shewed a Note in Court made by Doctor Forman and written in parchment signifying what Ladies loved what Lords in the Court but the Lord Chief Justice would not suffer it to be read in open Court Mrs. Turner sent Margaret her Maid to Mrs. Forman and wished that all such Letters and papers as did concern the Earle of Somerset and the Countess of Essex should be burned or any other great personages telling her that the Councels Warrant should come to search the study and that all his goods might be seised whereupon she and her Maid Margaret with the consent of Mrs. Forman burnt divers Letters and papers but that she kept some without their privitie There were also inchantments shewed in Court written in parchment wherein were contained all the names of the blessed Trinity mentioned in the Scriptures And in another Parchment Cross B. Cross C. Cross D. Cross E. in a third likewise in parchment were written all the names of the holy Trinity as also a figure in which was written this word Christus and upon the parchment was fastned a little piece of the skin of a man In some of these parchments the Devils had particular names who were conjured to torment the Lord Somerset and Sir Arthur Manwaring if their loves should not continue the one to the Countess the other to Mrs. Turner Mrs. Turner also confessed that Doctor Savorius was used in succession after Forman and practised many sorceries upon the Earle of Essex his person Mrs. Turner being almost close prisoner in one of the Sheriffs houses in London before she was brought to the Barr knew not that Weston was executed but by the proceedings having understanding thereof and hearing divers examinations read it so much dejected her that in a manner she spake nothing for her self also examinations and witnesses Viva voce that were produced at Westons arraignment and divers others were read again as the Examinations of Edward Paine Io. VVright Robert Freeman Symcock Rawlings
Payton VVilliams one of these Examinations gave in evidence that one Franklyn being an Apopothecary and Drugster was the provider of all the poysons given to Sir Tho. Overbury A Chyrurgeon there deposed that he cured Franklyn of the Pox and that at several times he demanded of his Chyrurgion what was the strongest poyson The Chyrurgeon demanded what he would do with it Franklyn replyes Nothing but for his experience and to try conclusions Another Examination of one Merser who had conference with the said Franklyn calling him Cousen who demanded of the examinant What news he answered Ill newes I am sorry that my old Lord and Masters son is found insufficient and not able to content the Lady Franklyn replyes I have a hand in that business I have a great friend of my Lady Essex she allows me 2. s. 6. d. a day for my Boat-hire and 10. s. a week for my dyet I could have any money if I would Merser replyes but Cousin how can God bless you in this business Franklyn answered Let them talk of God that have to do with him my Lord of Somerset and the Countess will bear me out in any thing I do if you have any suit wherein you may do your self any good and I may gain by it I will warrant you I will get it Francis deposeth that Franklyn married his sister and that he thinketh in his conscience she was poysoned upon some discontentment he heard him say he would not be hanged for never a whore or quean of them all The Lord Chief Justice made a speech upon divers examinations there read that the Earl of Somerset gave directions that of the powder he sent to Sir Thomas Overbury that which should be left should be brought back again his pretext was that it should make him sick which should be the ground to make the King grant his liberty saying further it would do him good and he had Tarts and Jellies sent him likewise by the Countess with express commandment that none must eate of them but Sir Tho. Overb. saying they would do him no harm At another time the Countess sent Tarts Jellies and VVine with directions that those which had been formerly sent should be brought back again and those last brought should be given him at supper and then all should be well but directions given that neithe Lieutanant nor his wife might eate of them but they might drink of the wine for in the Tarts and Jellies there might be letters but in the wine none and afterwards it was openly related and proved by divers examinations that those words Letters were private tokens between the Countess and the Lieutenant and Weston to give notice what things were poysoned and what not In the Examination that was of VVeston it was related that Mr. Iames told him that the Earl his Master would pay him for his pains taken with Sir Tho. Overb. Then the Lord Chief Justice gave in charge to the Jury concerning the evidence they had formerly told them and heard that VVeston at his Examination confessed all he had said formerly was true He further related what a great vexation and grief it was to the King that Somerset onely by making use of his favours and love so foul a fact was done as first to be the occasion to put Sir Tho. Overb. to imployments for the Embassage of Russia 2. To make him refuse them and to give right cause for his commitment 3. To bear him in hand that he would work his liberty but still aggravated and laboured the contrary and gave directions to the Lieutenant to look surely to him and to keep him close prisoner and that he should send to none of his friends or they to him urging great matters against him Sir Tho. Monson was often employed to give directions to the Lieutenant therein a most barbarous course to be so dealt withall onely for a contempt concluding that Sir Tho. Overb. was a close prisoner to all his friends but open to all his enemies such as Somerset would have or send to him The Lord Chief Justice told Mrs. Turner she had the seven deadly sins viz. a Whore a Bawd a Sorcerer a Murtherer a Witch a Papist a Felone the daughter of the Devil Forman wishing her to repent and to become the servant of Jesus Christ and to pray him to cast out those seven Devils She desires the Lord Chief to be good to her saying she was ever brought up with the Countess of Somerset and had been of a long time her servant and knew not there was poyson in any of those things sent to Sir Tho. Overb. then the Jury went forth and not long after returned finding her guilty who being asked what she could say for her self why judgement should not be pronounced against her she onely desired favour but could not speak any thing for weeping Then Judge Crook made another grave Speech exhorting her to repentance and to prepare her self ready for death and that the little time which should be assigned her to live she should not spend it either in labour or imagination to get her life for that hope was but a VVitch upon conclusion of which Speech he gave Judgement and told her she had a very honorable Tryall by such men as he had not seen in his time for one of her rank and quality and so was delivered to the Sheriff Upon the wednesday following she was brought from the Sheriffs in a Coach to Newgate and was there put into a Cart and casting money often amongst the people as she went she was carried to Tyborn where she was executed and whither many men and women of fashion came in Coaches to see her dye to whom she made a speech desiring them not to rejoyce at her fall but to take example by her she exhorted them to serve God and abandon ill company and all other sins relating her breeding with the Countess of Somerset having had no other means to maintain her self and her children but what came from the Countess And said further that when her hand was once in this business she knew the revealing of it would be her overthrow by which with other like speeches and great penitence there shewed she moved the Spectators to great pitty and grief for her The proceedings against Sir Iervas Elvis Knight Lieutenant of the Tower at his Arraignment at Guild-Hall the 16. of Novemb. 1615. THe form of the Indictment was the malicious aiding comforting and abetting of VVeston in the poysoning and murthering of Sir Tho. Overb. whereupon it was laid against him as followeth First when VVeston received the Viall of poyson of two inches long to give Sir Tho. he having the Glass in the one hand and the broth for Sir Tho. in the other meeting the Lieutenant asking him this Sir shall I give it him now The Lieutenant reproved him yet that night he gave it him in his broth Ergo the Lieutenant knew of the practise and poysoning of Sir
Tho. Overb. Et qui non propulsat injuriam cum possit eam infert Cicero After this was known to be poyson yet he kept Weston still he favoured countenanced and graced him and one time sent him a cup of Sack and bad his man tell him he loved him as well as ever he did all this while he paid him no wages and as soon as Sir Thomas Overbury dyed VVeston was removed The Countess writ a Letter to the Lieutenant with the Letter she sent poysoned Tarts to Overbury and Wine to the Lieutenants wife and bad him give the Tarts to Overbury for there were Letters in them but his wife and children might drink the Wine for she was sure there were no Letters in it The Earle of Northampton writ a Letter to the Lieutenant concerning the imprisonment of Overbury the said Earle writ three Letters to Rochester contaiing these words SWeet Lord think not I finde pain in that which gives me sweetest pleasure which is any thing which falls from your Pen Three things concur to my exceeding joy in your worthy Letters proof of your love comfort of your words and judgement in your writing you may believe the words of him that will rather dye then flatter you my heart is full of the love of you your Characters are no pain for me to peruse being as well acquainted with your hand as mine own the pain is no more then the cracking of a Nut for the sweet kernel or my Neeces pain in the silver-dropping streams of your Pen There the Lord Chief Justice left off reading for the baudiness of it then after in the Letter followed I spent two hours yesterday in prompting the Lieutenant with cautions and considerations observing with whom he is to deal that he might the better act his part for the adventure in which he dealeth Henry Northampton Another Letter to Rochester SWeet Lord I cannot deliver unto you with what caution and consideration c. and the Lieutenant looking to his business which concerns me more then Text affords that marching in his affairs I shall hold him discreet and love him better whilst I live for this his conclusion for this Negro can no more change his skin then the Leopard his spots Hen. Northampton Another Letter to Rochester SWeet Lord Overbury being viewed there was found in his arm an Issue and on his belly twelve kernels like to break to issue each as broad as three pence as big as a small button an Issue in his back with a tawny plaister on it this was strange and ugly he stank intolerably insomuch that he was cast into a Coffin with a loose sheet over him God is gracious in cutting off such ill instruments from the factious crew if he had come forth they would have made use of him Thus sweet Lord wishing you all increase of happiness and honour I end Your Lordships more then any mans Hen. Northampton The Lieutenant writ a Letter to Northampton certifying him that he undertook Sir Tho. Overbury according to his Instructions that as soon as he came to the place Sir Thomas protested his innocency upon the Bible and then quoth he he asked me what they meant to do with him I answered they mean to refine you that your pureness may appear the better after I walked with him in his Chamber and advised him to give way to the match between Rochester and the Countess but then he grew hot against your Lordship and the Countess of Suffolk saying if he were the Countess of Suffolks prisoner as he thought he was then said he let her know that I care as little to dye as she to be cruel The Countess I finde to be joyned with you in this plot though the Chamberlain knows not of it nor any one else but Rochesters part I shall most fear untill I see the event to be clearly conveyed and so he concluded his Letter The Answer of Sir Jervas Elvis to the points proposed MY Lord before I answer the matter of charge against me let me remember your Lordship of one speech I learned from your mouth I have heard you speak it at the Councel Table and at the Assizes in the Country that when a prisoner stands at the Bar for his life comfortless allowed no counsel but strong counsel against him perchance affrighted with the fear of death his wife and his children to be cast out of doors and made to seek their bread you have alwayes pitied the cause of such an one you have protested you had rather hang in hell for mercy to such an one then for judgement My Lord you have not observed your own rule in my cause you have paraphrased upon every examination you have aggravated every evidence and applied it to me so that I stand clearly condemned before I be found guilty if I were so vile a man as your Lordship conceives me I were unworthy of any favour but I hope your Lordship shall not finde it So I will deny nothing that hath evidence of truth against me I will not tell a lie to save my life and beseech your Lordship so to conceive of me move your charity towards me Then desired he the Court that the heads of the Accusations might be collected by the Councel of the King which were the same which were mentioned before to which he severally answereth To the first Shall I give him now he answered That when Weston asked him the question he saw no poyson in his hand and therefore said he in Westons and my Examinations the question was Shall I give it him now not Shall I give him this now for there is a great difference between hoc and id in matters of prevention But further when Weston had told me that it was poyson which he meant to give I reproved him and beat him down with Gods Judgements nay I humbled him so that he thanked God and me on his knees and told me that he and his had cause to blesse God for me for that I with-held him from doing that act and if you call this comforting and abetting to terrifie a man for his sins and to make him confess his faults to God and to abhor and detest the act then was I an abettor and comforter of Weston To the second after I had thus terrified him with Gods Judgements and saw him cast down for his offence I could do him no better office then to raise him up who was thus cast down and therefore favoured him I shewed him kindness I drank to him to the intent I might encourage the intentions of his minde which I found then in abhorring the fact and for that I gave him no wages it is true I took him from the commendations of my Lord of Northampton and Sir Tho. Monson whom I took to be my friends and thought they would commend no man to be a Keeper which might endamage me To the third I never knew any other meaning of the Countesses words in her Letters
confess that you brought any Poyson to me or to Mris Turner for if you do you shall be hanged for I will not hang for you nor saith Mris Turner will I hang for you both The Countess told him The Lord who was to examine him would promise him a pardon to confess but beleeve them not for they will hang thee when all is done Weston came to Francklins House and told Now the Countess turn is served she uses him unkindly and they should both be poysoned and that two were set on purpose to poyson him Francklin having confessed his former Examination under his own hand being permitted to speak for himself said That at the intreaty of the Countess and Mistriss Turner he did buy the Poysons but protested his Ignorance what they meant to do with them and for the rest he referred to the Conscience of the Jury who went from the Bar and within a quarter of an hour did return and pronounce him guilty Then Judg Crook after a brief Exhortation gave the sentence of death upon him The Lord Chief Justice made a short Exhortation also with addition of these words that knowing as much as he knew if this had not been found out neither Court City nor any particular Families had escaped the malice of this wicked cruelty The Proceedings against Sir Tho. Monson at the Guild-hall London Decemb. 4. 1615. WHen he came to the Bar he made a Motion to the Lord Chief Iustice That whereas he had written to his Lordship to ask the Lord Treasurer two Questions which my Lord would do He desired then an Answer and that Sir Robert Cotton might be present the Question read he was indicted for Conspiracy with Weston for poysoning Sir Tho. Overbury to which he pleaded not guilty He would be tryed by God and his Country The Lord Chief Iustice broke up the Proceedings and made a Speech to this effect That he saw a great Assembly though it had been shewed them often that the City was much bound to God and his Deputy here on Earth the King his Master for their great deliverance and exact Iustice for God was always good and just and for the King though they were never so high in place nor so dear to him though his own Creatures yet his Justice is dearer to him for which we are upon our knees to give him hearty thanks as also for so milde Proceedings in so great an Affair For neither the great mans House in the Tower nor this Poysoners House to my knowledg hath been searched neither hath this Prisoner been committed to the Sheriff but to an Alderman a man who of all others might be most kind to him whereas I take it lest I should be mistaken Sir Francis Anderson married Sir Stephen Somes daughter and Sir Thomas Monson married Sir Francis Andersons Sister I never knew the like favour nor do I like it so well but do declare it as a gentle Proceeding from the King For other things I do not discover secrets but though there were no House searched yet such Letters were produced which makes our deliverance as great as any that happened to the Children of Israel For VVeston and Mistriss Turner dyed penitently as it is worthy to be written in letters of Gold and for the Lievtenant though with great Imprecations and with high hand he denyed it yet to the great Glory of the Kings Justice he dyed most penitently and resolutely This is spoken to the great Praise of God that hath crowned these just Proceedings Iustitia confirmata non est Authoritate though not having Reason for it wherein we may see the great Hand of God For that morning the Lievtenant was Arraigned came to me as one afflicted in Conscience not knowing of his Arraignment one with Evidence against him which he delivered to the Iury one of them heard him say the Lord have mercy upon me and for this present non est constantia longa de vita hominis therefore he must be conveyed to the Tower as a safer place till further order be taken Then he addressed his Speech to Sir Thomas Monson saying Whereas you name my Lord Treasurer every mans fame is dear unto him and he hath been dear and Honorable you shall hear what he hath answered to my Letter After my hearty Commendations I hear that Sir Thomas Monson that I can clear him but I hear nothing of him to accuse him but I hope he is not guilty of so great a crime You hear quoth he that he will neither accuse nor excuse you Monson I do not accuse the Lord Treasurer nor calumniate him for I know he is very Honorable but I desire to have Answer to my two Questions Lord chief Iustice. You shall hear more of that when time shall serve do you as a Christian and as Ioshuah bid Acan My son acknowledg thy sin and give glory to God Monson If I be guilty I renounce the Kings mercy and Gods I am Innocent Lo. Ch. Iustice There is more against you then you know of Monson If I be guilty it is of that I know not Lo. Ch. Iust. You are Popish that Pulpit was the Pulpit wherein Garnet denyed and the Lievtenant as friendly I am not superstitious but we will have another Pulpit Iust. Doddridge It is an Atheists words to renounce Gods Mercy but you must think the change of your Lodging means somewhat Hide I have looked into this business and I protest my Lord he is as guilty as the guiltiest man Monson There was never man more innocent in this cause I will live and dye an Innocent After this Speech certain Yeomen of his Majesties Guard attending for that purpose conducted him to the Tower where between the Yeomen and the Warders there was some Contention about his Entertainment A Relation of the Arraignment of the Lord and Lady of Somerset on Friday May 24. 1616. The Names of the Peers THe Earl of Worcester L. P. Seal The Earl of Pembrook L. Chamberlain The Earl of Rutland The Earl of Sussex The Earl of Mountgomery The Earl of Hartford The Viscount Lifle The Lord Zouch Warden of the Cinque Ports The Lord Willoughby of Frisby The Lord de Laware The Lord Dacres The Lord Mountegle The Lord Wentworth The Lord Rich. The Lord Willoughby of Parham The Lord Hunsdon The Lord Russel The Lord Compton The Lord Norris The Lord Gerard The Lord Cavendish The Lord Dormer The Lord Elsmore Lord Chaniels and Lord Steward hac vice His Assistants there present in the Commission Sir Edward Cook Lord Chief Justice of England Sir Hen. Hobart L. Chief Justice of the Com. Banc. Sir Law Tanfield Ch. Baron Judg Crook Banco Rege Judg Nichol Com. Banc. Sir Fran. Bacon Attor. General These three only spake Sergeant Mountague These three only spake Sergeant Crew These three only spake Sir Hen. Yelverton Solic Rege Sir Fran. More Servien Rege Sir Lawr. Hide attor. Reginae Mosley Attornat Ducat. Sir Io. Davis Servien Rege
the Tragedy When he was there and close Prisoner none of his Friends might come to him neither Father nor Kindred nor his Servants nor none but his Poysoner Now Franklin was sent for he must buy Poysons not such as would quickly kill him but by degrees to avoyd all suspicion And then there was nothing came to him Salt Sauces Tarts Medicines Glysters that were not poysoned All the Petitionary means that were either made by him or his Friends for his Liberty were stopped though entertained by you my Lord of Somerset You used him as Fortune-Tellers do poor people in the Country hold them in a Tale while they steal away their purse Now my Lord of Somerset for the distributing of it into parts and applying the evidence to make you guilty we will Prove it by matter precedent present and subsequent First There was a mortal hatred on your part against Sir Tho. Overbury Secondly You used the means to expose him to the Tower and there to keep him close Prisoner After these two I will follow the Proofs my self Now for matter present That your hand was in poysoning Overbury directed delivered Poysons thirsted after the news The prosecution of this I leave to speak of After his death you took the course that every guilty man would do in such a case suppressing Testimony Letters and going about to get a pardon Now for a hate of Sir Tho. Overbury together with a fear of his revealing of secrets You made a vow that he should neither live in Court or Country that if he came out of the Tower one of you two must dye Now of Overburies part he writes to you That if he dye your shame shall never dye prays God you repent not the neglect of him in that place from whence he writes to you Now by way of exclusion you cannot alledg That this your hatred to him and plotting his Commitment was in respect to your Wife why then did you not suffer him to go beyond Sea No the bargain was made the poysons were ready there were some secrets together with your malice towards him was so great that there was no safe course for you in your opinion but this death And for the producing of my proofs I will use this course Those Examinations that have been taken upon Oath shall be here read the witnesses also I have caused to be here that they may be sworn and to justifie or deny what they hear read and to diminish or add to their Examinations And beside that you my Lord of Somerset and you my Lords the Peers may ask them what further questions you please Tho. Payton Sir Thomas his Servant He saw a Letter of his Masters whose hand he knew to be my Lord of Somersets wherein were these words If I dye my blood lie upon you And in that or another Letter there was this clause You are now as good as your word you have kept your vow to me Moreover that in the privy gallery in Whitehall my Lord of Somerset coming late to his Chamber met there with Sir Tho. Overbury How now says my Lord are you up yet Nay answered Sir Thomas Overbury what makes you here at this time of the night Will you never leave the company of the base Woman and seeing you do so neglect mine advise I desire that to morrow morning we may part and that you will let me have that portion you know is due to me And then I will leave you free to your self to stand upon your own legs My Lord answered His legs were strong enough to bear himself and so departed in great displeasure and to his knowledg they were never perfectly reconciled again And being asked how he heard this discourse He said it was in the dead of the night and he being in a room within the Gallery heard all that passed Henry Payton I acknowledge every part of this Examination to be true and more That my Master being in the Tower he sent a Letter by Weston to me to carry to my Lord and more to deliver my Lord this message That the powder he had sent him made him very sick and gave him in one night sixty stools beside vomits This Letter I carryed to the Court and delivered to Mr Rawlin to carry in to my Lord who was then in his Chamber My Lord presently came out and asked me how my Master did I told him very sick and withall this message and how the Physick had wrought with him My Lord smiled and said Pish and so turned him away Lawrence Davis Sir Thomas Overburies Servant Saith That he hath heard his Master say that he would have gone Embassador but that my Lord of Rochester disswaded him He hath seen some Letters of Sir Thomas Overburies wherein he wrote My Lord of Rochester was even with him but he thinks he never saw those passages Somerset I pray you my Lords note He says I never saw the passages Attorney It is true those Letters were lost but easier found by him who knew his Master Sir Tho. Overburies hand Sir Thomas Overburies Letter Is this the fruit of my care and love to you Be these the fruits of common secrets common dangers As a man you cannot suffer me to lie in this misery yet your behavior betrays you All that I entreat of you is that you would free me from this place and that we part friends Drive me not into extremities lest I say something that you and I may both repent and I pray God you repent not the emission of this my counsel in this place from whence I now write this Letter Wentworth How did you know these Letters were sent from him to my Lord of Somerset Attorney It is true that those letters were lost but after found by him who knew his Master Sir Tho. Overburies hand Cook They were found in a Cabinet amongst some other things left in Trust by my Lord of Somerset with Sir Robert Cotton who fearing searches delivers them to a Friend of his in Holborn one Mistriss Farnforth she to the intent they might be safely kept sent them to a Merchants House in Cheapside where some seven Moneths before she had lodged and desires they might be safely kept for her pretending they were some Writings which concern her Ioyature On Saint Thomas day she her self comes to have them again saying she must carry them to her Councel to peruse If you will suffer me to open it before you says the Merchant and that there be nothing else you shall have them But she by no means would consent to the breaking of it open Then he answered It is a troublesom time I will go to the Lord Chief Iustice and if he finde no other Writings but such as concern you you shal have them again So coming to my Chamber and not finding me within for I was gone to Pauls to the Sermon He went to my Lord Zouch one of the appointed Commissioners for this Cause who he himself would not break it open but came to Pauls to me and in a by-room brake it open and found in it many Letters which were disadvantagious to my Lord of Somerset These matters being made evident need no further to be amplified For my Lord As it is a principle in Nature That the best things are in their corruption the worst And the sweetest wine makes the sharpest Vineger So fell it out with my Lord of Somerset and Sir Thomas Overbury that this access as I may call it of Friendship ended in mortal hatred on my Lord of Somersets part The Indictment being found my Lord High Steward confirmed with the Opinion of the other Judges did pronounce the Sentence of Death upon my Lord of Somerset and so the Court dissolved FINIS
if any other man were touched their cause it was and not he that touched them And therefore VVeston being but a stranger to Sir Tho Overbury and one who by himself could reap no benefit by his death it was against all reason he would do it himself therefore said he I must needs open the whole plot and having first declared the worth and honesty of Sir Tho. Overb. shewed his familiarity with the Lord of Rochester and how he often willed him to forbear the company of the Lady Essex tearming her a vile and base woman which stirred up the anger and malice of the Countesse against him And afterwards the King intended for the honour and preferment of Sir Tho. Overb. to send him upon an Ambassage whereunto he was willing but was dealt with and perswaded by Rochester to disobey the Kings direction and counsel with promises that he would bear him out upon which contempt Sir Thomas was committed to the Tower 22 April 1613. Sir William Wade heing Lieutenant of the Tower and the 6. of May following Sir William was removed and Sir Ier. Elvis put in his place And the very next day after Weston by the procurement of the Countesse was preferred to the service of the Lieutenant and to be Keeper of Sir Tho. Overb. which Weston had been servant to Mrs. Turner and the onely agent in conveying letters and messages between Roch. and the Countesse and he whose office should have been to save and keep was now appointed to kill and murther him He shewed how the very same day of his entertainment at the Tower he was sent for to the Countesse who promised him that if he would give Sir Thomas a Water that should be delivered to him he should be well rewarded and she bad him not taste of it himself And that the ninth or May aforesaid the said water was secretly sent from the Countesse to Weston by his son and the same night Weston meeting the Lieutenant with Sir Thomas's supper in one hand and the Glasse in the other he demanded of him Sir shall I give it him now whereupon the Lieutenant took him aside and disswaded him so far forth that he confessed he thanked God on his knees that he had met with him But Mr. Attorney observed this notwithstanding that the Lieutenant did let him go away with the poyson and albeit he now denyeth he ever gave the poyson yet said he did deliver it He confesseth to Mrs. Turner he had done it saying It made him very sick and to vomit often demanding of her his reward she answered he was not to have it till Sir Tho. was dead Then he shewed 30. Iune following a certain powder was sent in a Letter to Sir Tho. from Roch. perswading him not to fear though it made him sick for that should be his reason to move the King for his enlargement And that the 14 Septemb. Weston and the Apothecary ministred the Glyster to Sir Tho. which gave him 60. stools and vomits and that he dyed the next day remembring the botches and blisters on his body being dead He shewed how Weston came to Mrs. Turner for his reward which was deferied till his death and that he had received in secret from the Countess by Mrs. Turner at several times for his reward 180. l. and that the Apothecary had for his reward 20. l. all which Weston had confessed to be true Then remembring how ignominiously they buried him not suffering any to see him for fear he should be digged up again and without any Coroners inquest that should be found And thus he ended his speech And all this opened and set forth by Mr. Attorney Mr. VVar onely added thus much which he desired the Jury to consider that VVeston was servant to Mrs. Turner when Sir Tho. was committed and then he was entertained and made Keeper to Sir Tho. and having dispatched his business Sir Tho. being dead and poysoned he stayes no longer at the Tower but returns again to his Mrs. Turner Then the Lord chief Justice exhorted the Jury to take God before their eyes with equall balance to weigh as well the answer of the prisoner as the proofs and examinations against him declaring unto them how quietly and freely he had examined him without any menacing or threatning or rough usage which the prisoner confessed and my Lord for matter of Law satisfied the Jury that albeit in the Indictment it be said to be Rosacar white Arsnick Mercury sublimate yet Jury were not to expect so precise proof in that point shewing how impossible it were to convict a poysoner who useth not to take any witnesses to the composing of this slibber sauces wherefore he declares the Law in the like case as if a man be indicted for murthering a man with a dagger and it fall out upon evidence to have been done with a sword or with a Rapier or with neither but with a staffe in this case the instrument skilleth not so that the Jury finde the murther and so in the Prisoners case if they would be satisfied of the poysoning it skilleth not with what therefore he required them to attend the proofes Then were read first the Examinations of Lawr. Davis as at the first Arraignment then of Henry Payton both servants to Sir Tho. then of VVeston himself formerly read the examination of Sir David VVood taken the 21. Octob. 1615. since the first Arraignment He saith he had obtained the Kings consent to a suit for which he was a Petitioner and that he was crossed by Roch. and Sir Tho. Overb. that for certain words he had received from Sir Tho. he intended to bastinado him that his suit would have been worth 2200. l. and that Roch. would not let it pass unless he might have 1200. l. That the Lady Essex sent for this examinant upon the day that the King and Queen went to Rochesâ— with the Lady Eliz. and told him she understood he had received much wrong from Sir Tho. Overb. and that he was a Gent. that could revenge himself and that Sir Tho. had much wronged her and Sir David answered that Sir Tho. had refused him the Field she perswaded him to kill him and promised him for his reward and protection from his enemies which he refused saying He would be loth to hazard going to Tyborn upon a womans word but she still perswaded him he might easily do it as he returned late home from Sir Charles VVilmots in his Coach Then were read the Examinations of Sir Tho. Monson and Mrs. Turner as at the first Arraignment NExt the Examination of VVeston before the Lord Zouch Sir Ralph VVinwood Sir Tho. Parry and Sir Foulk Grevill at the Dutchy house 21. Septemb. 1615. where Weston did confess he was preferred to the keeping of Sir Tho. Overbury by Mrs. Turner upon the means and request of Sir Tho. Monson to the Lieutenant and that she told him he should be well rewarded and being confronted with a relation in writing