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A28503 A true and historical relation of the poysoning of Sir Thomas Overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between Robert, late Earle of Essex, and the Lady Frances Howard : with King James's and other large speeches / collected out of the papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626.; James I, King of England, 1566-1625. 1651 (1651) Wing B338; ESTC R10750 59,190 110

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further then to open a way of lawful relief to any persons who shall chance to be distressed in that sort And for the Legal Doubts they concerne none of your calling for if your conscience be resolved in point of Divinity that is your part to give your consent to Nullity and let the Lawyers take the burden of making it so formal And as for the Trienial probation I hope no man can be so blinde as to make a doubt whether it be taken before or after the suit began And in conclusion of divine solution of this question proved clearly that this resolution of this doubt howsoever it was in blindnesse as you think that is now proved in the greatest time of light and purity of the profession of the Gospel And for your extract upon the late Divines opinions upon this question I cannot guesse what your intent was in sending them to me for they all agree in tearms of my opinion but there is such a thing as Maleficium maleficiale versus hanc And your very enterlude passage proves the clearest and for that advice concerning the Remedies that is consilium non decretum not imposing a necessity but is to be used by discretion as occasion shall serve or require it To conclude then if this may satisfie your doubts I will end with our Saviours words to St Peter Cum conversus fueris confirma sratres tuos for on my conscience all the doubts that I have seen are nothing but Nodos in scirpo quaerere The Midwives appointed to make inspection upon the Ladies body gave in that the Lady of Essex is a woman apt to have copulation to bring forth children and that the said Lady is a Virgin and uncorrupted Three Ladies affirme that they believe the same for that they were present when the Midwives made their inspection and did see them give good reasons for it There is a sentence of Divorce given for the Nullity of the Marriage and both parties married againe The Commissioners that gave the Sentence Bishops Winchester Bishops Ely Bishops Coventry and Liechfield Bishops Rochester Doctors Sr Iulius Caesar Doctors Sr Thomas Parry Doctors Sr Daniel Dunne Commissioners dissenting Bishops Arch. B. of Canterbury Bishops Bishop of London Doctors Sr Iohn Bennet Doctors Fran. Iames Doctors Tho. Edwards The proceedings against Richard Weston at his Arraingment at Guild-hall Novem. 19. 1615. before the Lord Maior the Lord Chief Iustice of England and three other Iustices of the Kings Bench Crook Dodrige and Hanton and Serjeant Crew another of the Commissioners THE Court being set the Kings special Commission being read the Lord Chiefe Justice gave the Charge the effect whereof was First to expresse the Kings pious inclination and command unto just proceedings against all such as should be any way proved to be guilty of the murthering and poysoning of Sr Tho. Overbury his Majesties prisoner in the Tower Secondly to aggravate the manner and quality of the murther in shewing the basenesse of poysoning above all other kinds of murther declaring the vengeance of God and his justice in punishing the offenders he alleadged Gen. 9.6 Quicunque effunderit humanum sanguinem effundetur sanguis illius ad Imaginem quippe factus esthomo He also took the example of Vrias by David he therein observed how adultery is most often the begetter of that sin Then he declared that of all Felonies murther is the most horrible of all murthers poysoning the most detestable and of all poysoning the lingering poysoning He shewed how by an Act of Parliament 22. H. 8 9. it was made Treason and that wilful poysoners should be boyled to death rehearsing the example of one Richard Rouse that had poysoned a man and woman and was therefore scalded to death Then he laid open to the Jury the basenesse and cowardliness of poysoners who attempt it secretly against which there is no means of preservation or defence for a mans life and how rare it was to heare of poysoning in England so detestable to our Nation but that since the Devil hath taught divers to be so cunning in it so that they can poyson in what distance of place they please by consuming the Nativum calidum or humidum radicale in one month two or three or more as they list which they foure manner of wayes do execute 1 Gustu 2 Haustu 3 Odore 4 Contactu He finisheth his charge with serious exhortations to the Jury to do justice in presenting the truth notwithstanding the greatnesse of any that upon their evidence should appeare to be guilty of the same offence comforting both Judge and Jury with the Scripture Psal. 5.8 fin For thou Lord wilt blesse the righteous with favour wilt thou comfort them as with a shield The charge being ended the Jury consisting of fourteen persons did for the space of an houre depart from the Court into a private room where they received their evidence from Mr. Fanshaw his Majesties Coroner and his Highnesse Councel prepared and instructed for that purpose with the examinations and confessions as well of the Prisoner himselfe as of divers witnesses before that time taken by the Lord Chiefe Justice of England and others of the Lords of his Majesties Councel In the mean time Mr. William Goare Sheriffe of London was commanded to fetch his Prisoner remaining in his house to be ready in Court for his Arraignment So a certaine space after the Grand Jury returned to the Bar and delivered in their Bill of Indictment signed Billa vera whereupon the Prisoner was set up to the Bar and the Indictment read by Mr. Fanshaw which contained in effect That Richard Weston being about the age of sixty yeares not having the feare of God before his eyes but instigated by the Devil devised and contrived not only to bring upon the body of Sir Tho. Overb. great sicknesse and diseases but also deprive him of his life and to bring the same to passe the ninth of May 1613. and in the eleventh yeare of his Majesties Reigne at the Tower of London in the Parish of Alhallows Barking did obtaine and get into his hands certaine poyson of green and yellow colour called Rosacar knowing the same to be deadly poyson and the same did maliciously and feloniously compound and mingle with a kinde of Broth powred into a certaine dish and the same Broth so infected did give and deliver to the said Sr Th. Overb. as good and wholsome Broth to the intent to kill and poyson the said Sr Tho. Overb. which Broath he took and did eat Also the said Weston upon the first of Iuly an. 11 Reigne aforesaid did in like manner get another poyson or poysonous powder called White-arsnick and knowing the same to be deadly poyson did give unto the said Sr Tho. Overb. as good and wholesome to eat who in like manner took and eat the same Also that Weston upon the said nineteenth of Iuly following did get another poyson called Mercury sublimate knowing the
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