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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
he from whence all men expected their safeties and protection Lastly he observed the finger of God even in this that the poyson had scarcely been suspected at all or enquired after had it not been for the extraordinary strange things appearing after his death which was the first onely cause of suspicion and muttering The evidence being given VVeston was demanded what he could say for himself who although he had before confessed all his examinations to be true yet he seemed to excuse himself in a kinde of ignorance or unawares he said he received the Glasse and thought it was not good but denied the giving of it to Sir Thomas being demanded why he accused one Franklin for delivering to him the said Glasse from the Countess from whom it was sent he confessed indeed it was to save his childe And finally could say nothing that had any colour of material or substantial point to excuse or argue innocency in him so the Court referred him to the Jury who went together and within short space returned being agreed upon their verdict and there at the Bar gave in that VVeston was guilty of the fellonies of murthering and poysoning of Sir Tho. Overbury and then the Clark of the Crown demanded of him what he could say for himself why Judgement should not be pronounced against him according to the Law To which he answered he referred himself to my Lord and the Country and then the Lord Chief Justice before he pronounced sentence of death spake to this effect That for the duty of the place he must say somewhat and that to two several parties first to the auditory secondly to the prisoner and that which he spake to the auditory he divided into four parts viz. 1 The manifestation of the glory of God and honour of the King 2 The preventing of other damned crimes of poysoning 3 Answer to certain objections 4 That there is no practice of conspiracie in prosecution of the business 1 For the first he observed the finger of God in the manifestation and bringing to light of this matter having slept two years being shadowed with Greatness which cannot overcome the cry of the people he observed also the providence and goodness of God to put into the hearts of himself the rest of the Judges the day of the last Arraigning when the prisoner stood mute not to give judgement against him for that time but deferred it till now and how in the mean time it pleased his Majesty out of his gracious care and pity to send to the prisoner first the Bishop of London next the Bishop of Ely to admonish and perswade him for the saving of his soul who after each of them had spent two hours with him and when all the means of man not prevailing with him it pleased God when they had left him to move his heart so that now he did put himself to be tryed by his Country by which means using VVestons own words he said the greatest Flies shall not escape but receive their punishment For conclusion of this first point he lastly observed Divinum quiddam in vulgi opinione for that so many uncertain rumours touching this case at last proved to be true Secondly he declared how for previntion of this damned crime of poysoning Justice was the golden mean and declared his Majesties resolution strictly to execute justice for that Treason and he used this saying Nemo prudens c. and desired God that this president of Overburies might be an example and terrour against this horrible crime and therefore it might be called the great Oyer of Poysoning Thirdly he said that at the Arraignment were certain Critiques who had given out the prisoner should deny his Examinations and found so much fault for that the Examinations were read the prisoner standing mute but for the first how untrue it was all the world saw the prisoner here confessing them all being read and shewed unto him And for the second besides that it was exceeding discreet and convenient the world should receive some satisfaction in a cause of that nature he cited and shewed what by the Laws of the Land they ought and were bound to do notwithstanding the greatness of any that might thereby be impeached of whom he said although this was Vnicum crimen yet it was not unicus crimon Fourthly as touching the supposed practice or conspiracie he solemnly protested to God he knew none nor of any semblance or colour thereof and therefore he much inveighed against the baseness and unworthiness of such as went about so untruly and wickedly to slander the course of Justice and so he came last of all to that which he had to speak of Weston the prisoner First touching the wickedness of the fact he very seriously exhorted him to an unfeined confession and contrition for the same declaring unto him how that his confession would be a satisfaction to God and the world if by faith and true repentance he would lay hold upon the merits of his Saviour He perswaded him that no vain hope which is a witch should keep him back from giving satisfaction to the world by discovering the Great ones assuring him that after this life as death left him so judgement should finde him And lastly taking occasion there to remember this poysoning to have been a Popish trick which he instanced by the example of Gurnandus di Birlanus mentioned 22 Ed. 1. Squire that attempted to poyson Queen Elizabeths Saddle Lopez and Mrs. Turner and proceeded to give Judgement which was That the prisoner should be carried from thence to the place whence he came and from thence to Tiburn there to be hanged by the neck till he were dead Justice being given the Lord Chiefe Justice commanded that the prisoner might have convenient respect and the company of some godly learned men to instruct him for his souls health The Arraignment of Anne Turner a widow at the Kings Bench Bar at Westminster 7. Novem. 1615. THe Indictment whereupon Richard Weston took his tryall being repeated verbatim she was Indicted for comforting aiding and assisting the said Weston in the poysoning to death of Sir Thomas Overbury to which she pleaded not guilty putting her self upon God and the Country whereupon a very sufficient Jury of two Knights and the rest Esquires and Free-holders of Middle sex were sworn and impannelled for the triall whereof Sir Tho. Fouler was Fore-man The Lord Chiefe Justice told her that women must be covered in Church and not when they are Arraigned and so caused her to put off her Hat which done she covered her hair with her handkerchiffe being before dressed in her hair and her Hat over it Sir Lawr. Hide the Queens Attorney opened the matter much to the effect as he did at Westons Arraignment shewing the wickedness and hainousness of poysoning he shewed further there was one Dr. Forman dwelling at Lambeth who dyed very suddenly a little hefore his death desired that he might be