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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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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 C●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
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