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
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
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
but the bare literal meaning and sure quoth he after I had received the Tarts and they stood a while in my Kitchin saw them so black and foul and of such strange colours that I did cause my Cook to throw them away and to make other Tarts for him To the fourth he saith the Earle of Northamptons Letter to him was not any thing touching the poysoning of Sir Thomas Overbury but for a close restraint to the end that Overbury might agree to their purposes concerning the marriage to be had between Rochester and the Countess if the Earle of North-hampton had any plot to take away his life I was not of his counsel nor had knowledge therein To the fifth it is said I received him according to my instructions I meant no other thing then I had delivered before which was concerning the closeness of his imprisonment but being asked what he meant by these words Rochesters part I shall greatly fear untill I see the event to be clearly carried In this he staggered and wavered much and gave his answer It was long since I writ this Letter and for the particular circumstance that induced me to this speech I cannot now call to memory but sure I am knowing my self to be innocent I satisfie my remembrance so that I meant nothing concerning the taking away of his life but because I was a stranger to Rochester and had heard and known of that great league that was between them I might well think suspect and fear whether he would alwayes continue those projects for his restraint These were the answers he made to his accusations and after he had made many protestations betwixt God and his soul of innocency in the mallicious plotting and abetting of Overburies death he appealed himself to the Jury and said I will prove unto you by many infallible and unanswerable reasons that I could not be aider and complotter with Weston in this poysoning first I made a free and voluntary discovery of it my self I was not compelled will any man imagine I would discover a thing wherein I am not able to clear my self Nature is more kinde then to be its own accuser Besides that my clearness might more appear and remain in the world without any suspition I proceeded and accused the murtherer Weston It had been a senselesse thing in me if I had not thought my self clear to have accused him who might have done as much for me Nay Weston himself proved me to be an honest man before the Chancellour of the Exchequer for he confessed to him and others being present that he thought the Lieutenant knew not of the poyson and in his Examination before the Lord Chief Justice and Serjeant Crew being asked the meaning of those words Shall I give it him now he answered That he thought that those which had set him on work had acquainted the Lieutenant with their plot And also I was so confident in mine own innocency that I told my Lord Chief Justice and my Lord Zouch that the way to make Weston confess and to discover all was by fair and gentle intreaty of him and so by this means they might search to the very bottome of his heart in this the Lord Chief Justice witnessed with him And after Sir Thomas was dead Weston and Mrs. Turner were sent to me to know whether I had any inkling of the death of Sir Thomas what need they have made this question if I had known any thing thereof Also that which I do know concerning the poysoning of Sir Thomas was after his death by the relation of Weston and I am here indicted as accessary before the fact when I knew nothing till after the fact After that he had confirmed these reasons by sundry-proofs and witnesses he went further in his own defence If I be in the plot my Lord Treasurer is I have his Letter to shew in it he called me to his lodging and said The plots you know them as well as I. The plots were onely to repair her honor my wife hath the Letters from the Lord Treasurer and Munson for these plots I will run willingly to my death if circumstances be knit with any manner of fact He proceeded further and told the Lord Chief Justice that he spake not this to justifie himself so that no blemish or stain might cleave unto him for said he this visitation is sent me from God and whether I live or dye it is the happiest affliction to my soul that I ever received I have laid open my whole heart from blood guiltiness I have not repented me other then for errors of my judgement in not detecting what I suspected and yet I ask God forgiveness for less sins but of this I know no other then the gross error of my judgement in not preventing it when I saw such intendment and imagination against him Then he put my Lord Chief Justice this question If one that knoweth not of any plot to poyson a man but onely suspecteth is no actor or contriver himself onely imagineth such a thing whether such a one be accessary to the Murther for the words of the Indictment are abetting and comforting with malice Now if there be any man that charges me expresly or in direct tearms that I was an abetter or if the Court shall think fit in this case that I have put that such a concealing without malice in an abetting I refuse not to dye I am guilty this was the summe of his speech Then the Lord Chief Justice replyed That to his knowledge he spake no more concerning the evidence then he could in conscience justifie which was onely to explain the evidence and not wresting any thing in prejudice of his life But further he told him that two dayes before Sir Thomas dyed you wished his man to bring in his best Sute of hangings to hang his Chamber which you knew were your Fees after he told him that his accusation of the Lord Treasurer was very malicious for in all the Examinations he had taken in all the exact search he could make for the finding out of the truth he saw not that honourable Gentleman any way touched In conclusion he told him It is not your deep protestations and your appealing to God and his Throne that can sway a Jury from their evidence which is not answered unto But to leave you without excuse and to make the matter as clear as may be here is the Confession of Franklin which he then drew out of his bosome saying This poor man not knowing Sr Iervis should come to his Triall this morning he came unto me at five of the clock and told me that he was much troubled in his conscience and could not rest all night untill he made his Confession and it is such an one these were his words as the eye of England never saw nor the ear of Christendome ever heard The Confession of James Franklin 16. Novem. 1615. MIstress Turner came to me
Mr Walter the Princes attor. Mr Finch Keeper of the Records of Attainders Sergeant More Sergeant Finch The Names and form of their sitting WHen my Lord Chancellor who for his time was High Steward of England came into the Court there came before him six Sergeants at Arms with their Maces Sir Geo. Coppin with his Pattent Sir Rich. Connisby with his White Staff Mr Mannering with the Great Seal he himself at the upper end of the Board sitting under a Cloth of State of both hands of him the Peers under them the Iudges at the further end of the Kings Councel below the Iudges on one side Finch the Keeper of Records of Attainders the Clerk of the Crown and his Deputy in the midst of the Court the Sergeant Cryer standing by him Sir Rich. Connisby Sir Geo. Coppin the Seal-Bearer and at my Lord Stewards feet the Prisoner at a Bar behind the Kings Councel the Lievtenant of the Tower in a little space adjoyning to the Bar. All being silent Sir Geo. Coppin arises delivers the Pattent to the Lord High Steward upon his knee he received it and kisseth it and returns it to Mr Fanshaw who takes it kneeling then the Sergeant Cryer makes Proclamation in the Lord High Stewards name to keep silence then Mr Fanshaw which bears date May 10. Then there is another O Yes to certifie my L. Steward whether Weston were commited as principal for the murther of Sir Tho. Overbury Then the Lord Chief Iustice delivers a Schedule indorsed with Certificates of four Iudges of the Kings Bench and other the Commissioners then Fanshaw turning unto my Lord Steward reads a third O Yes for certifying other Indictments My Lord Cook delivers another Schedule indorsed with Certificate of my Lady of Somersets Indictment which Mr Fanshaw as before reads A fourth O Yes for Walter Lee Serjeant at Arms to return the Precept for the Peers of Frances Countess of Somerset which accordingly he after his three Reverences to the Lord High Steward delivered to Mr Fanshaw he reads the Indorsement A fifth O Yes to call the Lords summoned by the Command of my Lord High Steward to answer to their Names which accordingly they did beginning as at the first as every one was named putting of their Hats standing up until the next was named A sixth O Yes to the Lievtenant of the Tower to return his Precept and bring his Prisoner to the Bar which he did and gave his Precept to the Serjeant who gave it to Mr Fanshaw and he as afore read the Indorsement The Prisoner made three Reverences to his Grace and the Peers being attired in black Tammel a Cyprus Caperoon a Cobweb Lawn Ruff and Cuffs Lord Steward My Lords the Reason why you are called hither this day is to sit as Peers of Frances Countess of Somerset Fanshaw Clerk of the Crown Frances Countess of Somerset hold up thy hand she does so hold it up till Mr Lievtenant told her she might hold it down and then reads the Indictment containing Westons Actions in the poysoning of Sir Tho. Overbury and her Abetting him the 8 of May 1613. All the while the Indictment was reading the Countess of Somerset stood looking pale troubled and shed some few tears and at the first naming of Weston in the Indictment she put her Fan before her face and there held it half covered till the Indictment was read Fanshaw Frances Countess of Somerset what sayst thou art thou guilty of this Felony and Murther or not guilty She making an obeysance to the Lord High Steward answered Guilty and with a low voyce but wonderful fearful My Lady upon the Arraignment having pleaded Guilty the Proceedings after was thus Attourney May it please your Grace my Lord High Steward of England I am glad to hear the Ladies so free Acknowledgment for Confession is noble Those that have been formerly indicted at their Arraignments persisted in denyal as Weston Turner Francklin Elvish but you see this Ladies Humility and Repentance by her pleading and certainly she cannot be but a spectacle of much Commiseration if either you respect the Sex a woman or her Parentage Honorable But this and to morrow day is to crown Justice the Mercy seat is the inward part of the Temple the Throne publique and therefore I do now only pray a Record of the Confession and Judgment but since the Peers be met together for Honours sake it is good to declare the Kings Justice This is the second time since the Kings coming these thirteen years that any Peers have been arraigned and both these times your Grace hath had the place of High Steward The first was Gray and Cobham and though they were convicted yet Execution followed not No Noble blood hath been spilt since His Majesties Raign The first was Revenge of Treason against Male-contents and this of the particular offence to a private Subject against those that have been so high in the Kings grace and favour and therefore deserves to be written in a Sun-beam but his being the best Master in the World hinders him not from being the best King for he can as well plain a Hill as raise a wall a good Lesson to put to my Lords the Peers He is Lievtenant to him that is no Respecter of persons This that I shall now speak of may be reduced to that which was acted in the Vault and since upon the Stage The first I will not now enter into because I will neither grieve a Lady that is present nor touch a Lord that is absent my duty requires it not and my Humility forbids it That which hath been upon the Stage the Theater of Gods Iustice you shall understand that which hath been worthily acted by the King in this whole Work of Iustice and right well by his Ministers Overbury dyed poysoned the 15 of September 1613. in the Tower of London He was no sooner dead but there was a certain Rumour and Muttering that Vox Populi that Overbury came strangely by his death and at that time on the contrary there was another Rumour but that was Vox Diaboli that he dyed of a foul disease so foul a one as is unfit for me to name but for two years after this though Overburies blood cryed for vengeance Vox Dei was not heard Gloria Dei Câ—lare Regis perscrutare rem It is the Glory of God to conceal a thing of a King to find it out yet all the while God so dazled the eyes of these two great Procurers and their Instruments that the first looked not about them the other fled not About the beginning of the first Progress it first broke forth and as all Murthers are strange in their discovery so this was miraculous for it came out in a Complement thus My Lord of Shrewsbury who is now with God commended Sir Gervise Elvis to a Councellor of State and told him that Sir Gervise in respect of good report he had heard made of his Honour and Worth desired
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
from the Countess and wished me from her to get the strongest poyson I could for Sr Th. Overbury accordingly I brought seven sorts Aqua-fortis White-Arsnick Mercury Great-spiders Powder of Diamonds Lapis Costitus Cantarides all these were given to Sir Tho. at several times and further confesseth that the Lieutenant knew of these poysons for that appeared said he by many Letters which he writ to the Countess of Essex which I saw and thereby knew that he knew of that matter one of them I read for the Countess because she could not read it her self in which the Lieutenant used this speech Madam This Scab is like the Fox the more he is cursed the better he fareth and other speeches Sir Tho. never eat white Salt but there was White-Arsnick put into it once he desired Pigge and Mrs. Turner put into it Lapis Costitus the white powder that was sent Sir Thomas in a Letter he knew to be White-Arsnick a very deadly poyson At another time he had two Partridges sent him from the Court and water and onyons being the sawce Mrs. Turner instead of Pepper put in Cantarides so that there was scarce any thing that he did eat but there was some poyson in it for these poysons the Countess sent me rewards she sent me gold many times by Mrs. Turner She afterward writ unto me to buy her more poysons I went to her and told her I was weary of it I besought her upon my knees that she would use me no more in these matters but she importuned me bid me go and inticed me with fair speeches and rewards so she overcame me and did bewitch me The cause of this poysoning was as the Countess told me because Sir Thomas would pry so far into the state as he would put them down he did also say that the toothless Maid trusty Margaret was acquainted with the poyson so was Mrs. Turners man Stephen so also Mrs. Horn the Countesses own hand He saith on the marriage of the Countess with Somerset she sent him twenty pound by Mrs. Turner and he was to have been paid by the Countesse two hundred pound per an. during his life That he was urged and haunted two hundred severall times at the least by the Countesse to do it against his conscience he saith she was able to bewitch any man and then he wrought the love between Rochester and her and that he had twelve severall Letters from her to prosecute it and was to have two hundred pound to continue their love till the Marriage These are all the materials in Franklins Confession to this Sir Iervis knew not what to answer or to make of his own Letters Then presently the Jury departed from the Bar and presently after returned and found him guilty and the Lord Chief Justice gave judgement and he was executed accordingly in manner following Sir Jervas his Confession ON Munday the 20. of Novem. 1615. he was executed upon Tower hill upon a Gibbet there set up of purpose about six of the clock in the morning he being arraigned in a black Suit and Jerkin with hanging sleeves having on his head a crimson satten Cap from the top downwards and round about laced under that a white linnen Cap with a border and over that a black Hat with a broad Ribbond and a ruffe Band thick couched with a lace and a pair of skie-coloured silk stockings and a pair of three soaled shooes He came on foot from Sheriffe Goars house to the Gibbet between Dr. Whiting and Dr. Felton two of his Majesties Chaplains and comming to the Ladders foot he talked a word or two to the Executioner then he went up the Ladder four or five steps the Executioner sitting over his head upon the top the of the Gibbet Sir Iervis finding the Ladder to stand too upright for his case spake to have it amended which forthwith he comming down was done being fastned in the ground and then he went up again six steps where after a while sitting uttered to this or the like effect NOble Right worshipful and others I am here come as well to shew explain and unfold that which passed at the time of my Arraignment to so many of you as were present as also to shew that there I perceived I had lost the good opinion of many in standing so long upon mine innocencie which was my fault I confess hoping now to recover the same and your good charitable opinions of me which fault I then saw not being blinded with my own error which made me account it no sin But since my condemnation by the means and help of these two Gentlemen here present the Doctors I was perswaded of the greatness of my sin and that it was so much the greater by how much the more I did conceal it which by Gods mercy I perceiving consulted not with flesh and blood but thought it in this my condemnation the best way for my souls health to reveal to the Omnipotent and All-seeing God the most secret and inward intentions and thoughts of my deceitfull heart not once respecting the praises or dispraises of the world which I regard not at all It may not be some will say That this place was most unfit for my execution appointed to terrifie and daunt me so much the more but alas I fear not death place nor any such like thing for I account it the King and Councels speciall favour that I dye here for that J requesting the same it was granted whereby J see now this Tower late wherein J should have been called to State business and still might if J had performed a more loyal service to my King and Country then J did Next in that J was not appointed to Tyburn a place of more publique reproach then now J am brought to being worthy to die by due and lawfull Justice in prosecuting this bloody enormous act against a kind Gentleman who deserved no ill at my hands nor any mans else for ought J know But were it J had not trusted him who was a most perfidious wretch J had not fallen into this shame which may warn all here present to take heed whom they trust in a bad matter and to admonish you that are trusted never to break honest and just fidelity I was by divers tricks drawn to this action which I received from the Earle of Northampton and Sir Thomas Monson and none other but had I remembred the 115. verse of the 119. Psalm and said with the holy Prophet Away from me ye wicked for I will keep the commandements of my God Then had J refused such like tricks alas now too late there was my fault that J did not refuse them and cast my self upon Gods providence without any dependence on man though never so honourable Was ever any deceived that did trust in God there was never any Therefore J admonish you all let none how honourable soever they be or the King himself move you to any thing not
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