Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	knight_n	sir_n	thomas_n	12,947	5	9.6515	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

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