in mortall feare A countenance pale a body leane deform'd with griefe I beare From all parts of the earth they brought me gold without constraint But now no gold nor precious stones nor friends can ease my plaint So variable Fortune is so nice to great attempts So subject and so doubtfull too so adverse in events That Atis with our name doth play as with a tennis ball For being lifted up with fame the greater is our fall Let this example be to such whom Fortune doth advanâ—e That they as I by Popedome fell may fall by like mischance For we cannot reade of any that ever was so great a Favourite as Somerset neither the Spencers with Edward the second nor the Earle of Warwick with Henry the sixth nor the Duke of Suffolke with Henry the eighth as this man was with the King neither was there any that ever came to so sodaine and unexpected a fall They therefore that do but rightly consider this Discourse shall find in it three things worthy observation First that neither honour nor wealth are any certaine inheritance but occasions unlesse God be mercifull unto us for the devill to pick a quarrell against us to bring us to infamie Secondly that God neuer leaves murther though never so closely carried unpunished Lastly that there was never knowne in so short a time so many great men dye with suspition of poyson and witchcraft viz. First my Lord Treasurer the Prince my Lord Harrington his sonne Overbury Northampton besides these which are no lesse then six other within three yeares and an halfe and the two Monsons which yet remaine untryed Sir Francis Bacon his Speech at the Arraignment of the Earle of Somerset IT may please your Grace my Lord High Steward of England and you my Lords the Peeres you have here before you Robert Earle to be tryed for his life concerning the procuring and consenting to the impoysonment of Sir Thomas Overbury then the Kings Prisoner in the Tower of London as an Accessary before the Fact I know your hopes connot behold this Noble man but you must remember the great favours which the King hath conferred on him and must be sensible that he is yet a member of your body and a Peere as you are so that you cannot cut him off from your body but with griefe and therefore you will expect from us that give in the Kings Evidence sound and sufficient matter of proofe to satisfie your Honours and consciences As for the manner oâ— the Evidence the King our Master who amongst other his vertues excelleth in that vertue of the Imperial Throne which is Justice hath given us command that wee should not expatiate nor make invectives but materially pursue the Evidence as it conduceth to the point in question A matter that though we are glad of so good a warrant yet we should have done of our selves for far be it from us by any strains or wit of Arts to seeke to play prizes or to blâ—son our names in bloud or to carry the day otherwise then upon sure grounds wee shall carry the Lanthorne of Justice which is the Evidence before your eyes upright and to be able to salve it from being put out with any grounds of evasion or vaine defences that is our parts and within that we shall containe our selves not doubting at all but that the Evidence it selfe will carry that force as it shall need no advantage or aggravation First my Lords the course that I will hold in delivering of that which I shall say for I love order is this First I will speak somewhat of the nature and greatnesse of the offence which is now to be tryed not to weigh downe my Lord with the greatnesse of iâ— but rather contrariwise to shew that a great offence needs a good proofe And that the King howsoever he might esteeme this Gentleman heretofore as the Signet upon his finger to use the Scripture phrase yet in sâ—ch a case as this he was to put him off Secondly I will use some few words touching the nature of the proofes which in such a case are competent Thirdly I will state the proofes And lastly I will produce the proofes either out of examination and matters of writing or witnesses viva voce For the offence it selfe it is of crimes next unto high Treason the greatest it is the foulest of Felonies It hath three degrees of stages First it is murther by impoysonment Secondly it is murther committed upon the Kings prisoner in the Tower Thirdly I might say that it is murther under the colour of Friendship but that it is a circumstance morall and therefore I leave that to the Evidence it selfe For murther my Lords the first record of Justice which was in the world was judgement upon a murtherer in the person of Adams first borne Caâ—â—e and though it was not punished by death but with banishment and marke of ignominy in respect of the primogenitors or the population of the world yet there was a severe charge given that it should not go unpunished So it appeareth likewise in Scripture that the murther or Abner by Ioah though it were by David respited in respect of great services past or reason of State yet it was not forgotten But of this I will say no more because I will not discourse it was ever admitted and rancked in Gods owne Tables that murther is of offences betweene man and man next unto high Treason and disobedience to Authority which sometimes have been referred to the first Table because of the Lieutenancie of God in Princes the greatest For impoysonment I am sorry it should be heard of in our Kingdome It is not nostri generis nec sanguinis peccatum It is an Italian comâ—it for the Court of Rome where that person that intoxicateth the Kings of the earth is many times really and materially intoxicated and impoysoned himselfe But it hath three circumstances which makes it grievous beyond other matters The first is that it takes a man away in full peace in Gods and the Kings peace that thinks no harme but is comforting of nature with resection and food so that as the Scripture saith His table is made a snare The second is that it is easily committed and easily concealed and on the other side haâ—dly prevented and hardly discovered for murther by violence Princes have Guards and private men have houses attendants and armes neither can such murther be committed but cum sonitu with some overt and apparant acts that may discover and trace the offenders but for poyson the cup it selfe of Princes wil scarse serve in regard of many poisons that neither discolour nor distaste It comes upon a man when he is carelesse and without respect and every day a man is within the gates of death And the last is because it concerneth not onely the destruction of the maliced man but of every man quis modo tutuâ— erit for many times the poyson is prepared for one and is
felonious intent to picke their pocket and purâ—es And this is the true narration of this act which I have summarily recited Now for the distribution of the Proofes there are foure heads to prove you guilty whereof two are precedent to the impoysonment the third is present and the â—ourth is following or subsequent for it is in Proofes as it is in lightsâ— there is a direct light and there is a direct light and there is a reflection of light and a double light The first head or Proofe thereof is that there was a root of bitternesse a mortall malice or hatred mixed with a deepe and bottomlesse mischiefe that you had to Sir Thomas Overbuâ—y The second is that you were the principall Actor and had your hand in all those acts which did conduce to the impoysonment and gave opportunity to effect it without which the impoysonment could never have been and which could seeme to tend to no other end but to the impoysonment The third is that your hand was in the very impoysonment it selfe thâ—t you did direct Poyson and that you did deliver Poyson and that you did continually harken to the successe of the impoysonment and that you spurred it on and called â—or dispatch when you thought it lingered And lastly that you did all things after the impoisonment which mâ—y detect a guilty conscience for the smothering of it aâ—d the avoyding of punishment for it which can be but of three kindes Thâ—t you suppressed as much as in you was testimony thâ—t you did deâ—ace destroy clip and misdate all writings that might give light to the impoysonment and you did fly to the Altar of guiltinesse which is a Pardon of murther and a Pâ—rdon â—or your selfe and not for your selfe In thâ—â— my Lord I convert my speech unto you because I woulâ— have you alter the points of your charge and so make your dâ—â—ence the better And two of these heads I have taken to my selfe and left the other â—o the Kings two Serjeants For the â—irst maine part which is the mortall malice coupled with feare that was in you to Sir Thomas Overbury although you did palliate it with a great deale of hypocrisie and dissimulâ—tion even to the very end I will prove it my Lord Steward the root of this hate was that which cost many a mans life that is feare of discovering of Secrets I say of Secrets of a dangerous and high nature wherein the course that I will hold shall be this I will shew that a breach and malice was betwixt my Lord and Overbury and that it burst forth into violent threats and menaces on both sides Secondly that these Secrets were not of a light but an high nâ—ture I will give you the elevation of the Pole they were such as my Lord of Somerset had made a vow that Overbury should neither live in Court nor Country that he had likewise opened himselfe so far that either hee or himselfe must dye for it and of Overburies part he had threatned my Lord that whether he did live or die my Lords shame should never dye but that he would leave him the most odious man in the woâ—ld And â—urther that my Lord was like enough to repent where Overbury wrote which was in the Tower of London he was a Prophet in that so there is the highest of the Secret Thirdly I will shew you that all the Kings businesse was by my Lord put into Overburies hands so as there is worke enough for Secrets whatsoever they write them and like Princes Confederates they had their Cyphers and their Jurgons And lastly I will shew you that iâ— was but a toy to say the malice was only in â—espect he spake dishonourably of the Ladie or for doubt of breaking the Marriage for that Overbury was â—oadjutor to that love and the Lord of Somerset was as deepe in speaking ill of the Lady as Overbury and againe it was too late for that matter for the bargain of the match was then made and past and if it had been no more then to remove Overbury for disturbing the match it had been an easie matter to have landed over Overbury for which they had a faire way but that would not serve And lastly periculum periculo vincitur to go so far as an impoysonment must have a deeper malice then flashes for the cause must have a proportion in the effect For the next generall head or proofe which consists in the acts preparatory or middle acts they are in eight severall points of the Compasse as I may terme them First there were divers devices and projects to set Overburies head on worke to dispatch him and to overthrow him plotted betweene the Countesse of Somerset and the Earle of Somerset and the Earle of Northampton before they fell upon the impoysonment for alwayes before men fix upon a course of mischiefe there will be some rejection but dye hee must one way or other Secondly that my Lord of Somerset was principall practiser I must speake it in a most perfidious manner to set a traine and trap for Overbury to get him into the Tower without which they durst not attempt the impoysonment Thirdly that the placing of the Lieutenant Yeluis one of the impoysonments was done by my Lord of Somerset Fourthly that the placing of Weston the Underkeeper who was the principall impoysoner and the displacing of Carey and the doing all this within the while of fifteene dayes after Overburies commitment was by the meanes and countenance of my Lord of Somerset And these were the active Instruments of the impoysonment and this was a businesse the Ladies power could not reach unto Fifthly that because there must be a cause of this Tragedie to be acted and chiefly because they would not have the Poysons worke upon the sudden and for that the strength of Overburies natnre or the very custome of receiving the Poysons into his body did overcome the Poysons that they wrought not so fast therefore Overbury must be held in the Tower as well as he was laid in and as my Lord of Somerset got him into the Trap so he keepes him in and abuses him with continuall hope of liberty but diverted all the true and effectuall meanes of his liberty and makes light of his sicknesse and extremities Sixthly that not onely the plot of getting Overbury into the Tower and the devises to hold and keepe him there but the strange manner of the close keeping of him being in but for a Contempt was by the device and meanes of my Lord of Somerset who denied his father to see him denied his servants that offered to be shut up close prisoners with him and in effect handled it so that he made him close prisoner to all his friends and exposed to all his enemies Seventhly that all the advertisement the Lady received from time to time from the Lieutenant or Weston touching Oveâ—buries state of body and health were ever sent nigh to the Court though it were in Progresse and that from my Ladie such a thirst and listening he had to heare that he was dispâ—tched Lastly that there was a continuall negotiâ—tion to set Overâ—uâ—ies head on worke that he should make some to cleâ—re the Honour of the Ladie and that he should be a good insâ—rument towardâ— her and her friends all which wâ—â— but enterâ—ainment Foâ— your Lordships shall see diverâ— of my Lord of Northamptons Letters whose hand was dâ—epe in this businesse written I must say in darke wordâ— aâ—â— clauses that there was one thing pretended and anotâ—er â—hing iâ—tended That there was a reall charge and somewhat not reâ—ll a main drift and dissimulation nâ—y further there be some pâ—ssâ—gâ—s which the Peeres in their wisdomes will discerne to point directly at the impoisonment FINIS
the lightnesse of his owne disposition carried is as much besotted numbring her amongst the best women and doubling every action in his estimation in so much that hee could scarce rest but in her company whereupon their meetings grew frequent and discourses pleasant by these meanes inflaming the fire of a lustfull appetite These things having happened so well to her expectation causes a greet love towards these good couple viz. Doctor Forman and Mistris Turner solliciting them with Letters with money and large promises to continue still their friend they willing to make use of their wealth more then expecting any good they could accomplish by their Art persist amongst her imployments Mistris Turner makes triall for her selfe by which meanes many sleights and accustomed tricks are practised and now reported to returne to the hurt of many for a womans hands being once entred into the act of sinne runs head-long to her destruction turning those evill acts to evill ends and endeavouring to purchase by that means profit and commoditie How it was thought the Earle of Northampton had a hand in the businesse Invites the Viscount to supper The Countesse and he meets places of meetings are appointed The Earle made Chancellor of Cambridge IT was vulgarly opinionated that the Countesse of Essex having sustained these discontents with her husband acquainted her Uncle the Earle of Northampton of her affection especially towards the Viscount who weighing the profit that might redound to his owne imployments if there were such affinity had between them â—eemed to give a liking towards it and endeavoured rather to further it then at all to disswade her or giving her that honest and good counsell to be dutifull to her husband as was fitting Howsoever the first meeting that they had wherein there was any conference was at the Earles house who invited the Viscount to supper and there finding the Countesse they at their pleasure appointed meetings for further discourses But whether there was any one made privie to these things it is not evident But from this time the Countesse and Viscount continued their loose kind of life and as was commonly suspected had further relation then was fitting to the great disparagement of them both and dishonour of so noble a House what the issue of these things are continue in obscurity notwithstanding the Earle of Northampton is much blamed the Countesse defamed and the Viscount himselfe for his loosenesse suspected Now was this Lord propounded at the Regent house to be Chancellor of Cambridge the Schollers fall into divers opinions and the Ramists propound the Prince to oppose him this election passed of the Earles side he refuses but still flatters the Schollers makes the King acquainted with it though willing to undertake it yet shewing an unwillingnesse endeavoured rather to be urged to it then receive it voluntarily this was imputed because of his oppose to the Prince but the truth was to perceive whether the Schollers affections were setled upon love and respect unto himselfe or meerely to depend upon his greatnesse The King writes in his behalfe to the Vicechancellor They proceed to the new election the Earle againe is chosen his title sent him and he in requitall sends many and plausive Letters and that they might be the more acceptable being sent to Schollers wrote to them in Latine it is intollerable the flattery that he used Overbury growes into grace with the King is made Knight The entercourse betweene the Countesse and the Viscount made knowne to Overbury AFter some continuance of time Master Overbury growes eminent in Court as well by reason of the Viscounts favour as the good and carefull diligence that he had in Court employments so that now comparing his worth with his wealth he is had in more respect and the honour of Knight-hood bestowed upon him with the hope of better things this howsoever in it selfe it be not valuable yet in speculators it striketh a doubt especially in the Viscount for soveraignty and love can abide no Paragon Things that at the beginning proceed with modesty are little or nothing regarded But when men grow old in such things that are hatefull they make every place alike with a blushlesse face committing them to the open view By this meanes Overbury came acquainted with this entercourse betweene the Viscount and the Countesse for now they having had some time of familiarity and entercourse in remote parts shame not to commit the sin of venery in the Court and that to the privity of Sir Thomas who both loathes and hates what he sees avoiding rather then intruding himselfe to the knowledge of it neither meddles hee any way or other with it but lets them alone in their vicious courses and rather seemes to be ignorant then take any notice of it Neverthelesse hee is employed to carry Letters to and againe between the Countesse and the Viscount some to Paternoster-row some to Hammersmith and others to other places of meeting which were appointed betweene them by which meanes comparing both actions together he entred into the secrets of this mystery and became acquainted with more things then the Viscount would have had him from whence a kind of jealousie was carried towards him Of the second complaint of the Earle of Essex The Countesse combines with Turner to bewitch himâ— it taketh effect Formans death One Gresham is entertained into the businesse NOw the Earle of Essex perceiving himselfe to be rather lesse regarded then any whit at all esteemed enters into a new discourse with his Lady with many protestations both of his constancie and love towards her but with all tells her oâ— her loosenesse of the report of the vulgar and what a strange course of life shee led contrary to all piety and honesty which stung the Countesse to the heart and more encreased and augmented her mâ—lice towards him so that in a great fury shee takes her coach and repairs to her ancient acquaintance Mistris Turner who according to her old custome is ready to performe any evill act and there they combine to bewitch the Earle and procure frigidity quoad hanc for this purpose Doctor Forman for the procuring of meanes pictures in wax are mâ—de crosses and many strange and uncoth things for what will the devill leave unattempted to accomplish their ends many attempts failed and still the Earle stood it out At last they framed a picture of wax and got a thorne from a tree that bare leaves and stucke upon the privity of the said picture by which meanes they accomplished their desires This being done according to her expectation shee repaires to her house at Chartley and thither the Earle comes to her but whether he was more lusty then shee expected or what other accident happened it is unknowne neverthelesse shee grew jealous of her art and falls into a great feare that all their labour was lost wherupon shee writ a Letter to Doctor Forman to this effect Sweet Father although I have found
abroad that the Spaniard had drawne out a Navie of Ships of an hundred Saile but to what purpose no man knew many suspected for England because they were come so farre upon those Coasts others said for the use of the Marriners to accustome them to Sea but most of all were of opinion that these were but shadows and that the Spaniard was to have taken advantage of the time Howsoever upon this there followed a Proclamation against Spanish money that their money should not go currant in England which caused many to suspect worse then the worst some said one thing some another upon the neck of that comes wars in the Low-countries some say against the Palsgrave some against the State The Scots begin to flie out in Rebellion and are supprest The wild Irish in Ireland begin to stirre sometimes thirtie sometimes fortie sometimes three hundred flie out and stand upon their guard These things minister occasion of wonder to the ignorant and many of them who knew the truth of things knew not what to say to it Priests come into the Kingdom by tens fifteenes twentie at a time and have free accesse so that my Lord of Northampton being Warden of the Cinque Ports begins to be called into question Some say he hath a hand in those things others say he lets Priests have their free accesse and that in Bloomesberie amongst his owne buildings they have free harbour others say that through his countenance thither any man might go to publique Masse besides many other Intelligences being brought from beyond the Seas drawes him further into suspition and the King begins to withdraw his favour from him wherefore he exhibits his Bill against such as defamed him into the Star-chamber some are for this cause committed to the Tower others to Newgate others to the Fleete till they come to their Answer And in the end openly in the Star-chamber he is accused for suffering Priests to have free accesse into Yorkshire under pretence of his Office for countenancing them for sending Letters to and againe to encourage men in their opinions and many other such like things And when the Lords should come to passe their voyces my Lord of Canterburie amongst the rest made a speech to this effect That although many have beene the rumours and reports that had passed in these times some of them shut up for uncertaine truths and flying fables then entertained for approved truths yet neverthelesse such things are grounded upon reason and for which men of upright consciences have some occasion to speak to have such either lightly valued or punished was rather injustice then any way beseeming the equity of that Court But in truth these whereof wee now speak are grounded upon some cause and my Lords owne Letters make evident that he hath done some things both against his owne conscience and meaning meerly to attaine unto honour and soveraigntie and to please the King And with that he pulls out a Letter written from my Lord to Cardinall Bellarmine to this effect THat howsoever the condition of the times compelled him and His Majesty urged him to turne Protestant yet neverthelesse his heart stood with the Papists and that he would be ready to further them in any attempt This and much more being read to some purpose he proceeded and shewed how that those things were not meerly uncertaine but even the actions that followed them did justifie them to be true For there was never knowne to be so many Priests to come over into this Kingdome in so short a time as of late there had done neither could he assure himselfe that my Lord was true hearted unto the State Also he harboured such about him as would undertake to write in defence of the Gunpowder Treason This and much more being said about the latter end of Easter Terme in the yeare 1614. my Lord being hereat much discouraged after the Court brake â—ooke his Barge went to Greenewich there made his Will wherein he published himselfe to dye in the Faith he was Baptized made some of his Servants his Executors others he bestowed gifts upon his faire house he disposed to my Lord Chamberlaine his Lands to my Lord Theophilus Howard retired back to his house at London and before Midsommer Terme following was dead Many were the rumours that were raised of this man after his death That he was a Traytor to the State and that he was not dead but carryed beyond Sea to blind the world and the reason was because he would be buryed at Dover and not at London Others say that if he had lived he would have beene the author of much stirre many dislike him and as was reported even the King himselfe towards his latter end which made him to fall into these courses but truly he was a notable polititian and carryed things more commodiously for the Papists then ever any before him His Funerall was kept privately at Rochester where he desired to be buryed because it was the chiefe Port Towne of his Office without any state to outward appearance My Lord Treasurer that now is succeeded him in his Treasurership My Lord of Somerset made Chancellor of Cambridge My Lord Zouch Warden of the Cinque Ports My Lord of Worcester some short time after Lord privie Seale These succeeded him in his Offices The Cloth-workers obtaine their Petition The old Charter of the Merchant adventurers is seized into the Kings hands The Dutch grow discontented at it The doubtfulnesse of Somerset's mind He sues for his pardon obtaines it My Lord Chancellor refuseth to seale it Falls into suspition Begins to be neglected THe Cloth-workers still persisting in their suit and having such strong friends to stand for them and Alderman Cocking a rich Merchant to back them they at length obtained what they desired and Proclamation goes forth that no more white Cloth shall goe over undied undrest and for this purpose the old Charter of the Merchants Adâ—enturers is seized into the Kings hands so that the Company fall to decay Now the Dutchmen they begin to murmur agâ—inst the English and make Proclamation there that no man shall buy any such Cloths as come over so drest and dyed whâ—reupon the English make a new Proclamation that no man shall trâ—nsport Wooles out of the Kingdome These things fed some with hope of some further troubles yet neverthelesse it is so ordered by the Councell that all things are pacified and some quantity amounting to a certaine number of white Cloths are suffered to be transported aswell to give content to the Hollander as satisfaction and imployment to some yong Merchants that had entred into this Trade by which meanes these clamors are a little stayed yet neverthelesse great impression of envie is betweene these two Countries Now one of the greatest friends that Somerset had being dead and himselfe still jealous of his safety he begins to cast about how he might avoid the danger of the Law for his intelligencers gave him notice of many
intent to incense the people the more against them and to make the matter the more hainous and grievous to the world At this time the Lady Arbella died a matter more remarkable then was observed and gave some occasion of speech to many but yet neverthelesse past over in silence These Hurly-burlies being growne somewhat calme and the minds of men a little setled the Countesse and others authorised for that purpose to be examined and my Lord Coke was the man that prest the Evidence against them which as it was thought procured some great enemies two and twenty Articles were objected against them Somerset pleaded Ignorance and that these Objections were meere tricks to intrap him and set the King against him The same answer was in the Countesse and that it might rather seeme to proceed out of envie then for any just cause They cause it to be given out that their accusations were wrongâ—ull and none were accused but such as were the greatest Favourites to the King so that there was much ado to little purpose At last when they heard that Weston Turner Francklin and Yeluis were all hanged and that they had confest the matter the Countesse being brought before the Councell confest the whole truth but Somerset stood to it still that he was not agent in it and that these accusations did nothing touch him and therefore ought to be excused Neverthelesse his lands and goods were committed to custodie part to my Lord Treasurer and part to others to the Kings use The Money Plate and Jewels which he had heaped up together amounted by report unto 200000. pounds his lands 19000. pounds per annum and the King bestowed many of them upon the Prince There was little speech of this in respect that both person and matter wherein hee was agent were both envied and facinerous neiâ—her was there any that pitied him but most said that hoe had but his just deserts for the injuries and wrongs that he offered unto Essex The Arraignment was put off and in the meane time Sir Walter Rawleigh was set at liberty This man had continued in the Tower now almost ten yeares a condemned person for a plot intended against his Majesty at his first comming in he bore a great envie against Somerset because he had begged his lands of the King and got it into possession giving him many quips and taunts during the time that he was in the Tower These two accidents happening beyond expectation that the one being the speciall favourite of the King the other a condemned man the one imprisoned the other set at liberty gave great occasion of speech and rumour and so much the more wonder and admiration because of Rawleighes wit and policie And this yeare also the Countesse of Shrewsbury who was committed for being privie to the escape of the Lady Arbella was set at liberty and the Earle her husband dyed leaving the greatest part of his land unto his daughters during all this time that is from Michaelmas Terme unto the short vacation betweene Easter and Trinity Terme the Arraignment was put off some attributed the cause to be for because the Countesse was with child and in the meane time was delivered of a daughter some that further proofes of incertainties might be brought in others to give them longer time to consider on the matter and that it was a great favour I say these rumours being published amongst the people at length the King authorised my Lord Chancellor to be High Steward of England for the time being and joyned eight of his Judges with him for his assistance viz. The foure Judges of the Kings Bench my Lord Chiefe Justice of the Common Pleas Justice Niccols my Lord Chiefe Barron and others of the Barrons with power to call Somerset and the Countesse before them to shew cause why they should not have sentence of death passed upon them for this offence committed both against the Laws of the Land and against the King his Crowne and Dignity So upon the foure and twentieth of May in this yeare 1616. There being a Seat Royall placed at the upper end of Westminster-hall a little short of the Kings Bench and seats made round about it for the rest of the Justices and Peeres to sit on and a little cabbin built close by the Common Pleas for the Prisoners when they came from the Tower to be put to rest them in They proceed to the triall after this manner As soone as my Lord High Steward with great State came into Westminster-hall with his assistants the Judges divers Lords and Gentlemen attending and foure Serjants at Armes before him ascending a little gallery made of purpose to keep off the croud he takes his seat and the rest of the Assistants and Peeres according to their places This being done after silence proclaimed one of the Harrolds at Armes reaches the High Steward his Patent and delivers it to the Clerke of the Crown to reade it After Sir Ralph Conisâ—y reaches him his staffe and iâ— there present according to his place to give attendance After the Patent read and proclamation for silence and that the accusers should come in the Prisoners were sent for by the Clerke of the Checker whose office it was to attend the Prisoners This being done and the Prisoners placed at the Barre Sir Henry Fanshaw reades the Indictment to which the Countesse pleaded guilty and confessed the fact But Somerset pleaded not guilty and had time from ten of the clock at night to cleare himselfe much was said but to little purpose At last the Peeres having conferred of the matter returne their verdict laying their hands upon their brests and swearing by their Honours for they doe not mâ—ke an Oath as ordinary Jurors do that he was guilty of the murther and poysoning of Sir Thomas Overbury whereupon my Lord High Steward pronounced sentence of death agâ—inst him and so he was had back to the Tower where hee remaineth at the mercy of the King This man may justly say as Pope Barbaressa said when hee was put from the Popedome Qui modo summus eram laetatus nomine praecel Tristis abjectus nunc mea fata gemo Excelsus solio nuper versaâ—ar in alto Cunctaque gens pedibus oscula prona dabant Nunc ego poenarum sundo devulvor in imo Vultum deformem pallidaque ore gero Omnibus e terris aurum mihi sponte ferebant Sed nec gaesa juvet nec quis amicus adest Sic varians fortuna vices adversa secundis Suâ—dit ambiguis nomine ludit atrâ— Cedit in exemplum cunctis quos gloria tollit Vertice de summo mox ego Papa cado Loe here I am that sometime tooke delight in name of Pope Now being sad and abject doe bewaile my fate and hope Of late preferr'd I did converse with stately pompe and grace And every Nation to my feet their ready kisses place But now in dungeon deepe am throwne of paines
THE FIVE YEARES OF KING IAMES OR The Condition of the State of England and the Relation it had to other PROVINCES Written by Sr FOULK GREVILL late Lord Brook LONDON Printed for W. R. in the yeare 1643. The five yeares of King Iames or the Condition of the State of ENGLAND and the Relation it had to other Provinces HOwsoever every Kingdome and Common-wealth may be both well and uprightly governed and that good men may be the meanes to support it yet there can be no such Common-wealth but amongst the good there will be even some evill persons these whether by nature induced or through envie and ambition to the intent to satisfie their appetites perswaded doe oftentimes enter into actions repugnant unto the felicity of good Government and Common-wealths and by evill causers and perverse deeds doe secretly and underhand seeke to hasten and set forward the ruine and decay of the same These things because they happen contrary and beyond expectation are so much the more remarkable by how much they are suddaine and unexpected And from hence it cometh that no state of government can be said to be permanent but that oftentimes those are said to be good are by little and little converted unto those that be evill and oftentimes changed from worse to worse till they come to utter desolation Neither is this alone proper to our Common-wealth but to all nor to forraigne Kingdomes but to our owne for although His Majesty at His coming to the Crowne found us vexed with many defensive warres as that in Ireland that in the Low-countries and almost publique against Spaine auxiliarie in France and continually in millitarie imployments although he found it lacerate and torne with divers factions of Protestants Papists and others from amongst whom sprung some evill men that endeavoured to set into combustion the whole State yet neverthelesse he established a peace both honourable and profitable with all neighbour Princes and by relation through all Europe so that neither our friends nor our enemies might be either feared or suspected After this generall peace was concluded and the working heads of divers dangerous Papists were confin'd to a certaine course of life that is peace they now petition for â—olleration for releases of vexation to have liberty of conscience and forsooth because they cannot have these things amongst them they contrive a most horrible and devillish plot by gun-powder to blow up the Parliament even the whole State and command of this Kingdome and so at one puffe to conclude all this peace and by that meanes to procure an unruly and unseemly avarice of this setled government and this not so much to establish their owne Religion for which purpose they pretended it but to establish their owne power and preheminence and to raise some private Families to greatnesse and dignitie that so faction being nourished and that jurisdiction established they might with great facility suppresse whom they please and support their owne State Thus may wee see that setled governments doe cherish in themselves their owne destructions and their own subjects are oftentimes cause of their owne ruine unlesse God of his mercy prevent it Of the domestick affaires and of the lascivious course of such on whom the King had bestowed the honour of Knighthood THis evill being discovered by the Lord Mounteagle and overpassed divers discontents happened some betweene the Civilians and Common Lawyers concerning Prohibitions And for that there was one Doctor Cowell stood stifly against the Lord Cooke divers discontents were nourished betweene the Gentry and Commonaltie concerning Inclosure and it grew out into a petty Rebellion which by the same was conjectured not to happen so much for the thing it selfe as for to find how the people stood affected to the present State whereby divers private quarrells and secret combustions were dayly breaking out private families one sided against another and of these Protestants against Papists they thereby endavouring to get a head and from small beginnings to raise greater Rebellions and discontents shewed themselves heady and speakes publickly what durst not heretofore have beene spoken in corners in outward appearance Papists were favoured Masses almost publickly administred Protestants discountenanced dishonest men honoured those that were little lesse then Sorcerers and Witches preferred private quarrells nourished but especially betweene the Scottish and the English Duells in every secret maintained divers sects of vitious persons of particular Titles passe unpunished or unregarded as the sect of Roaring-boyes Boneventors Bravadors Guarterers and such like being persons prodigall and of great expence who having run themselves in debt were constrained to run into faction to defend them from danger of the Law these received maintenance from divers of the Nobility and not a little as was suspected from the Earle of Northampton which persons though of themselves they were not able to attempt any enterprize yet faith honesty and other good Arts being now little set by and Citizens through lasciviousnesse consuming their estates it was likely their number would rather increase then diminish And under these pretences they entered into many desperate enterprises and scarce any durst walke the streets with safety after nine at night So to conclude in outward shew there appeared no certaine affection no certaine obedience no certaine government amongst us Such persons on whom the King had bestowed particular honours either through pride of that or their owne prodigality lived at high rates and with their greatnesse brought in excesse of riot both in clothes and dyet So our ancient customes were abandoned and that strictnesse and severity that had wont to be amongst us the English scorned and contemned every one applauding strange or new things though never so costly and for the attaining oâ— them neither sparing purse nor credit that prices of all sorts of commodities are raysed and those ancient Gentlemen who had left their Inheritance whole and well furnished with goods and chattells having thereof kept good houses unto their sonnes lived to see part consumed in ryot and excesse and the rest in possibilitie to be utterly lost The holy estate of Matrimony most perfidiously broken and amongst many made but a may-game by which meanes divers private families hath beene subverted brothell-houses in abundance tollerated and even great persons prostituting their bodies to the intent to satisfie their appetites and consume their substance repairing to the City and to the intent to consume their virtues also lived dissolute lives And many of their Ladies and Daughters to the intent to maintaine themselves according to their dignities prostitute their bodies in shamefull manner ale-houses dyâ—ing-houses taverns and places of vice and iniquity beyond measure abounding in many places there being as much extortion for sinne as there is racking for Rents and as many wayes to spend money as are windings and turnings in townes and streets so that to outward appearance the evill seeme to over top the good and evill intentions and councells rather
prospered then those that were profitable to the Common-wealth Of my Lord of Northamptons coming to honour the cause of the division betweene the Hollanders and the English betweene the Scottish and English betweene the English and Irish NOw Henry Howard yongest sonne of the Duke of Norfolke continuing a Papist from his infancy unto this time beginning to grow eminent and being made famous heretofore for his learning having beene â—rained and brought up a long time in Cambridge by the perswasion of the King changeth his opinion of Religion in outward appearance and to the intent to reape unto himselfe more honour became a Protestant for which cause he was created Earle of Northampton and had the Kings favours bountifully bestowed upon him first the office of Privie-seale then the Wardenship of Cinque Ports and lastly the refusall of being Treasurer This man was of a subtile and fine wit of a good proportion excellent in outward courtship famous for secret insinuation and for cunning flatteries and by reason of these flatteries became a fit man for the conditions of these times and was suspected to be scarce true unto his Soveraigne but rather endeavouring by some sâ—cret wayes and meanes to set abroad new plots for to procure innovation And for this purpose it was thought he had a hand in the contention that happened amongst the Hollanders and English concerning the Fishing the Hollanders clayming right to have the Fishing in the Levant and the English claiming right upon this contention they fell from clayme to words of anger from words of anger to blowes so that there dyed many of them and a starre was left for further quarrell but that it was salved by wise Governors and the expectation of some disappointed Neverthelesse the Papists being a strong faction and so great a man being their favourer grew into heads malice and indeavour to make the insolency of the Scotts to appeare who to this intent that they might be the more hated of the English not contented with their present estate would enter into outrages some countâ—rfeit the seale Manuell others quip the Nobility in disdaine and a third sort secretly contrive the English death whereby it happened besides common clamor that there were added secret discontents of private persons which caused jealousie to happen in those two Nations But His Majesty being both wise and worthy fore-saw the evill and prevented it by Proclamation by which meanes these clamors are stopt and the injurie and offences of both parties redressed The Irish seeing these sores and hearing of these misdemeanours for they have their intelligents here also begin to grow obstinate and make religion a pretence to colour their intentions for which cause they stand out and protest losse of life and goods rather then to be forced from their opinion being wavering and unconstant rather thirsting for Rebellion to the intent to purchase their owne liberty then peace every new alteration gives occasion of discontent and causes new complaints to be brought to the Kings eare under pretence whereof they grew contemptuous to their Governors and haters of the English Lawes The Captaines and Souldiers grew negligent for want of pay the great men envying one another through private covetousnesse and many insolencies being suffered causeth there also to be nourished many misdemeanours to the ruine of that Government These things being thus handled administers occasion to the Papists to hope for some alteration and change And that as a body that is violent consumeth it selfe without some speciall cause to maintaine it so these occurrents will be the cause of their owne destruction At this time there was a Leaguer in Denmarke and shortly after another in the Low-countries but to what end their beginnings were intended is yet unknowne The rising of the Earle of Somerset his favour and greatnesse with the King and his Parentage and discontent AMong other accidents that happened about these times the rising of one Master Carre was most remarkable a man borne of meane parentage inhabitant in a Village neere Edenborough in Scotland and there through the favour of friends was preferred to His Majesty to be one of his Pages for he kept twelve according to the custome of the French and so continued it so long as he was in Scotland afterwards coming into England the Counsell thought it more honourable to have so many Foot-men to run with His Majesty as the Queene had before these Youths had cloathes put to their backs according to their places and 50â— a piece in their purses and so were dismissed the Court This youth amongst the rest having thus lost his fortunes to repaire them againe makes haste into France and there continued untill he had spent all his meanes and money So that now being bare in a strange countrey without friends or hope to obtaine his expectation returnes back for England bringing nothing with him but the Language and a few French fashions neverthelesse by the helpe of some of his countrey men and ancient acquaintance he was preferred unto the Lord Haies a Scotchman and favourite of the Kings to waite upon him as his Page not long after that Lord amongst many others was appointed to performe a Tilting who bearing an affection to this yong man aswell in respect he was his countrey man as that he found him to be of a bold disposition comely visag'd and of proportionable personage commixt with a courtly presence preferres him to carry his devise to the King according to the custome in those pastimes used Now when he should come to light from off his Horse to performe his Office his Horse starts throwes him downe and breakes his Legge this accident being no lesse strange then suddaine in such a place causes the King to demand who he was answer was made his name was Carre he taking notice of his name and calling to remembrance that such a one was his Page causes him to be had into the Court and there provided for him untill such time as he was recovered of his hurt after in processe of time the yong man is called for and made one of his Bed-chamber to His Majesty he had not long continued in his place before by his good endeavours and diligent service in his Office the King shewed extraordinary favour unto him doubling the favour of every action in estimation so that many are obscured that he may be graced and dignified Thus the hand of the diligent maketh rich and the dutifull servant cometh to honour he of all other either without fraud to obtaine or desert to continue it is made the Kings favourite no suit no petition no grant no lâ—tter but Mastâ—r Carre must have a hand in it so that great rewards are bestowed upon him by suâ—tors and large sums of money by His Majesty by which meanes his wealth increased with his favour and with both Honours for vertue and riches dignifie their owners being from a Page raysed to the dignity of Knighthood After his favour increasing
with his honours there was no demand but he had it no suit but he obtained it whether it were Crowne lands lands forfeited or confiscated nothing so deare but the King bestowed upon him whereby his revenues were enlarged and his glory so resplendent that he drowned the dignity of the best of the Nobilitie and the eminencie of such as were much more excellent By which meanes envy the common companion of greatnesse procures him much discontent but yet passing through all disadventures continues his favour and men being drawne to applaud that which is either strange or new began to sue him and most to purchase him to bee their friend and assistant in Court so great and eminent was his favour Of the breach that happened betweene the Earle of Eâ—â—ex and his Countesse her hatred towards him his lenity her lightnesse his constancy Now the cares of the vulgar being filled with the fortunes of this gentleman it ministreth occasion to passe to their opinions concerning his worth and desert some extoll and laud his vertues others the proportion of his personage many his outward courtship and most as they stood affected either praised or dispraised him insomuch that amongst the rest the Countesse of Essex a woman of this time did not greatly affect her Husband and withall being of a lustfull appetite prodigall of expence covetous of applause ambitious of honour and light of behaviour having taken notice of this yong gentlemans prosperity and great favour that was shewed towards him above others in hope to make some profit of him most advances him to every one commending his worth spirit audacity and agility of body so that her ancient lawfull and accustomed love towards her Lord begins to be obscur'd and those embraces that seemed heretofore pleasing are turned into frownes and harsh unseemly words usher her discontents unto her husbands eares The good Earle carrying an extraordinary affection towards her and being a man of a mild and curteous condition with all honest and religious care ready rather to suffer then correct these outrages patiently admonisheth her to a better course of life and to remember that now all her fortune dependeth upon his prosperity and therefore shee offered more injurie to her selfe then hurt unto him yet neverthelesse shee persisted and from bare words returned to actions thereby giving people occasion to passe their censure of this disagreement some attributing it to the inconstancy and loosenesse of the Countesse others to the Earles travailes and that in his absence shee continued most unconstant of a loose life suffering her body to be abused and others to make shipwrack of her modesty and to abrogate the rights of marriage but most because shee could not have wherwith to satisfie her inâ—atiate appetite and ambiâ—ion her husband living a private life For these causes I say shee run at random and play'd her pranks as the toy tooke her i th' head sometimes publickly sometime privately whereby shee disparaged her reputation and brought her selfe into the contempt of the world yet notwithstanding the Earle retained her with him allowed her honourable attendance gave her meanes according to her place and shewed an extraordinary affection endeavouring rather by friendly and faire perswasions to win her then to become superâ—idious over her But these things little availe where affections are carryed to another scope and those things that to the judgment of the wise become fit to be used are of others contemned and despised so that almost all men speake of the loosenesse of her carriage and wonder that the Earle will suffer her in those courses whereupon he modestly tells her of it giving her a check for her inordinate courses shewing how much it both dishonoured him and disparaged her in persisting in the eye of the world after so loose and unseemly a sortâ— desiring her to be more civill at home and not so oft abroad and thus they parted Of my Lord Treasurers death of Master Overburies coming out of France his entertainment he growes into favour MY Lord Treasurer Cecill growing into years having been a good States-man the only supporter of the Protestant faction discloser of treasons and the onely Mercury of our time having beene well acquainted with the affaires of this Common-wealth falls into a dangerous sicknesse and in processe of time through the extremity of the malady dyes not without suspition of poyson according to the opinion of some others say of secret disease some naturally and many not without the privitie of Sir Robert Carre and the reason of their opinion was because the King upon a time having given Sir Robert the summe of twenty thousand pounds to be paid by my Lord Treasurer Sir Robert Carre was denyed it upon which denyall there grew some difference betâ—â—â—ne them the King was privie to it after this manner my Lord having told out five thousand pounds laid it in a passage Gallery the King demands whose mony that was answer was made by my Lord Treasurer that it was but the fourth part of that which His Majesty had given unto Sir Robert Carre whereupon the King retired from his former grant and wished Sir Robert to satisfie himselfe with that holding it to be a great gift hee being thus crost in his expectation harbor'd in his heart the hope of revenge which after happened as was suspected but it is not certaine therefore I omit it Upon the death of this gentleman one Master Overbury sometimes a Student of the Law in the Middle Temple was newly arrived out of France who having obtained some favour in Court beforetimes because of some discontents got licence to travell and now at his returne was entertained into the favour of Sir Robert Carre whether it proceeded of any love towards him or to the intent to make use of him is not certaine yet neverthelesse he puts him in trust with his most secret employments In which he behaves himselfe honestly and discreetly purchasing by his wise carriage in that place the good affection and favour not only of Sir Robert but of others also In processe of time this favour procures profit profit treasure treasure honour honour larger employments and in time better execution For where diligence and humility are associate in great affaires there favour is accompanied with both so that many Courtiers perceiving his great hopes grew into familiarity with him the Knights expectations are performed and his businesse accomplished rather more then lesse according to his wishes So that taking notice of his diligence to outward appearance gives him an extraordinary countenance uniting him into friendship with himself in so much that to the shew of the world his bond was indissolvable neither could there be more friendship used since there was nothing so secret nor any matter so private but the Knight imparted it to Master Overbury Of Mistris Turners life how the Countesse and shee came acquainted The combination of the Earles death THe Countesse of Essex having harboured in her heart
envy towards her husband even untill this time makes her repaire unto Mistris Turner a Gentlewoman that from her youth had been given over to a loose kind of life being of a low stature faire visage for outward behaviour comely but in prodigality and excesse most riotous by which course of life shee had consumed the greatest part of her husbands meanes and her owne so that now wanting wherewith to fulfill her expectations and extreme pride falls into evill courses as to the prostitution of her body to common lust to practise sorcery and inchantments and to many little lesse then a flat Bawd her husband dying left her in a desperate estate because of her wants by which meanes shee is made apt to enter into any evill accord and to entertaine any evill motion bee it never so facinerous A Doctors wife who was during his life her Physitian and in that time shee having entertained into her company his said wife by that meanes procured further acquaintance being neere of the said disposition and temperature as Pares cum paribus facile congregantur from thence it happened that shee was suspected even by her meanes and procurement before this to have lived a loose life for who can touch pitch and not be defiled I say having some familiarity with this woman and now taking some discontent at her husband more than heretofore by reason of her falling out with him and his sharpe answers as he conceives to her repaires to her house and there amongst other discourses disgorges her selfe against her husband whereby the cause of her griefe might easily be perceived Mistris Turner as feeling part of her paine pities her and in hope of profit being now in necessity and want is easily drawne to effect any thing that shee requires whereupon by the report of some it was concluded at this time betweene them to administer poison to the Earle but not taking effect according to their expectation the Countesse writes unto her to this purpose Sweet Turner as thou hast been hitherto so art thou all my hopes of good in this world My Lord is as lusty as ever he was and hath complained to my brother Howard that hee hath not layne with mee nor used mee as his wife This makes mee mad since of all men I loath him because he is the onely obstacle and hinderance that I shall never enjoy him whom I love The Earle having overpast this evill and continuing still in his prestine estate procured not any affection but more hatred and loathsomnesse so that it burst forth daily to my Lords great discontent and drawes her headlong into her owne distraction Sir Robert Carre made Viscount Rochester the acquaintance betweene my Lord of Northampton and him the new affection of the Countesse THe King taking great liking to this young Gentleman to the intent that he might be no lesse eminent in honour then hee was powerfull in wealth and substance adornes him with the title of Viscount Rochester bestowes the Secretariship of State upon him so that his honour and his wealth makes him famous to forraign Nations These things comming to my Lord of Northamptons ears having been a long time Favorite in Court and now growne into yeares and by reason thereof knowing the favour of the King to depend upon many incertainties and although at this time he was the greater actor in State affaires yet if this young man continued his height of glory all his dignity would either be abated or overshadowed and that he had not that free accesse to the Kings eares which he had wont to have endevoureth as much as in him lyeth to make this Courtier either to be wholly his or dependent upon his favour that so having relation to him hee might make use of his greatnesse And for this purpose he begins to applaud the wisdom and government of the Viscount his vertues outward Courtship comely carriage and to conclude holding him a man of no lesse worth and desert then any about the King neither were these things spoken to private or particular persons alone but even in the eares of the King to the intent to confirme the Kings favour towards him These things coming to this gentlemans eares takes it as a great favour from so great a personage and therefore so much the more admires his owne worth raising his carriage above his wonted course and in hope of better things applauding every action is performed by the Earle by which meanes there growes a kind of community betweeme them and there wants nothing but entercourse of speech for confirmance of acquaintance and procuring further relation either to other Time offers opportunity the Earle and he meets each changeth acquaintance with acquaintance of greater familiarity so that many times letters passed betweene them in their absence and courtly discourses being present by which meanes on all hands a confident amity is concluded In these times the Countesse of Essex being a spectator of those and perceiving this Viscount to be still raised up unto honours dayly in hope of greater is the more fired with a lustfull desire and the greater is her indeavours by the instigation of some of her friends to accomplish what shee determined for greatnesse doth not quallifie but set an edge upon lustfull appetites and where the most meanes are to maintaine it there the greater affections are cherished The course shee takes to procure affection shee combines with Doctor Forman they conclude to bewitch the Viscount IN these furious fits shee makes her repaire to Mistris Turner and begins a new complaint whereby shee makes manifest an extraordinary affection towards this yong gentleman so that shee could not rest without his company neither knew shee any means to attaine her ends there being no relation nor acquaintance betweene them whereupon Mistris Turner being still her second and ready to put any evill attempt into execution concludes with the Countesse to inchant the Viscount to affect her And for this purpose they fall acquainted with one Doctor Forman that dwelt at Lambeth being an ancient Gentleman and thought to have skill in the Magick Art This man by rewards and gifts was won to joyne with Mistris Turner who now to the intent to prey upon the Countesse endeavour the best they may to enchant the Viscounts affection towards her Much time is spent many words of witchcraft great cost in making Pictures of wax crosses of silver little babies for that use yet all to small purpose At length they continuing in their Sorcery advised her to live at Court where shee had free accesse without controule though of small acquaintance with him whom shee most respected neverthelesse shewing an affâ—ble countenance towards him hoping in processe of time to attaine that shee required Time offers opportunity and amongst other at length these two fall into league the Countesse being joyfull of her prey admires him uses all kindnesse that may be to intrap him He whether by these inchantments or by
of friendship the reason whereof was thought to be for the ancient amity that had beeâ—e had heretofore betweeâ—e the King of that Nation from thence they went to the Duke of Cleeve and so to the Emperour with salutations The suit of the Cloth-workers my Lord oâ—Rochester stands for them The complaint of the Countesse shee sues â—or a Divorce NOw this yeare the Cloth-workers being covetous of larger imployments petition the King and Counsell that there might go no more white cloth out of this Kingdome but that they might be all dressed and dyed here before thâ—y went over and the reasons oâ— their petition were three First that the Hollander making use of dressing and dying our cloth almost doubled the value they bought it â—or whereby they were enriched and we were impoverished The second reason that whereas there was a multitude of poore in this Kingdome that wanted imployment if they might have the dying and the dressing of those clothes it would find them worke whereby they might be relieved and there was no reason why any other should make benefit of that which wee might make good of our selves Lastly whereas the Trade of dressing of cloth began to decay if now they might but have this in processe of time it might be restored and they might have as good skill to dresse cloth as the Dutchmen My Lord of Rochester my Lord of Northampton my Lord Treâ—surer that now is were great agents in this businesse and were thought to have been promised great summes of money to accomplish it Now the Countesse beginâ— new complaints and findes her Art to continue firme and thâ—t indeed there was such frigidity quoad hanc accomplisheâ— That her huâ—bâ—nd the good Earle of Essex could not execute the office of a huâ—band she up and tels her friends that shee is still a maid and that shee had good cause to complain since that shee having continued so long his wife shee in that space had never the fruition of that pleasure that ought to be betweene man and wife for which cause shee protested that she would never keep him company any longer and desired a Divorcement because of his insufficiencie This seemed strange unto the world who tooke notice of the Earle to be of an able body and likely to have many children and to undertake any exploit for the good of the Common-wealth indeed valuing this to be but an idle and vain rumour that was spread as often happened to see how such a thing would be liked in the world and therefore let it passe with little notice In the meane time there is a motion betweene Rochester and her for a marriage and since it was so that the world had taken notice of their businesse now to make some satisfaction they would consummate a wedding betweene them This motion was well liked of on both parties but the obstacle remained her husband was alive and the Law would not permit her to have two husbands whereupon shee growes the more eager of a divorce that so shee might have a new huâ—band for women of her disposition delight in change and therefore renewes her complaint advice is taken in the businesse whether such a thing may be had there being no cause publique of adultery or dislike of the husband Againe it was a question whether the wife might sue a divorce or not for that the Bill of divorcement was given to the husband and not to the wife many such like objections being disputed to and againe at last it is concluded That in case the Earle was so unable as she reported to execute the office of an husband and that upon the search of twelve matrons shee appeared still to be a maid It was lawfull that there might be a divorce and the reason was two-fold one that there might bee a frigidity quoad hanc another that marriage was appointed for procreation sake for which cause it was thought lawfull to sue a divorce Upon this they proceeded to the search twelve Matrons were empannelled the day appointed the search made and the verdict returned that she was a true maid who should bring this to the eares of the King but my Lord of Northampton and so to the world who growes jealous of fraud doubting either corruption or deceit for it was vulgarly reported that she had a child long before in my Lords absence whereupon some say this some say that and most that the Countesse was not searched but that one of Sir Thomas Monsons daughters was brought in to be searched in her place and so both Jury and Judges deceived But how true this is is not credible yet neverthelesse they grant a bill of divorce and now a seperation being had betweene them the Earle in a great discontent leaves the Court and repaired to his house in Warwickshire and there lives a private life The motion of Marriage goes forward Overburies opinion concerning it He disswades Rochester from it The breach betweene them the principall cause of it NOw might there bee a Lawfull discourse of marriage since there was a lawfull divorce had it neverthelesse been kept private and onely some particular friends made Privie on Rochesters side Overbury whose advice he requires amongst others in this businesse to what end it is unknowne Neverthelesse Overbury was utterly against it and being in serious discourse with him concerning this subject in the passage gallery at White-hall entred into these or the like words as was reported First how much he stood obliged to him for his countenance and favour and therefore would speak nothing but what was truth Then how duâ—iful and ready he was to performe all his commands from whence he might easily perceive that what he spake was out of affection And lastly that he had often endeavoured to avert his mind from these things that both time and the envie of men might turne his prejudice taxing him that he had made all this to become hurtfull unto him and converting the meaning of good intentions towards him to his disparagement and losse notwithstanding the Viscount still prest him on to passe his opinion protesting great kindnesse and to do nothing without his opinion whereupon he lets him understand that perceiving the common reports of the multitude and weighing them with the greatnesse of his person that he found it to be no lesse hurtfull to his preferment then helpfull to subvert and overthrow him For who would being possessed of so greâ—t possibility as he was so great honours and large reveâ—nues and dâ—ily in expectation of others cast all away upon a womâ—n thâ—t is noted both for her inâ—ury and immodesty and pull upon him the hatred â—nd contempt of great personâ—ges for so small a matâ—er then he willed him to consider with himselfe the condition of the person wherâ—of he spâ—ke the mâ—nner of her câ—rriage from her yoâ—th her present conversation the mâ—ny â—nvies dishonours and dislikes that were attendant upon her and besides which is now the
art of poysoning entertained for the purpose and with a resolute mind ready to effect it made them neither suspect nor doubt any thing onely how they might get him to the Tower For this purpose it is thought fit that Rochesâ—er having the Kings eare should be a meanes to possesse the King with some misdemeanors that he had committed that thereby the King being incenst against him and the refusall of the Embassage making evident the truth of these complaints that they need not doubt of any such matter whereupon my Lord of Rochester amongst other things as at time convenient lets the King understand how insolent Overbury was growne that he not only contemned him but His Majesty also estimating this imployment to be sent Embassador either too light a preferment for his deserts or else intended to procure him further evill and that he utterly dislik't it and determined to refuse it The King being possessed of these things and by him who to the judgment of the world was his greatest friend took displeasure at it so that by his countenance one might have perceived his anger For the frowning of a King is like the roaring of a Lyon terrible to the spectators and hearers so that now they doubted not of their expectations to get him into the Tower where being a Prisoner in the Kings disgrace under the protection of one who more esteemed their favour then the Kings displeasure sequestred from his friends no intercourse suffered to come unto him but what came from the Countesse Northampton Rochester and Weston a fit agent to execute all manner of evills why to the judgment of the world it is impossible that ever this evill should come to light And thus being ranked up in their owne conceits they run headlong to their owne destruction for when there were but two persons privie to the act of murther as in Cain and Abell it could not passe unpunished but that Cain must be marked with a perpetuall marke of ignomie how much lesse shall this go undiscovered when there are so many privie to it Thus may wee see that one sinne another doth provoke And that murther is as neere to lust as flame to smoake Sir Thomas refuses the Embassage Incurres the Kings displeasure He is sent to the Tower Westom is preferred to him Gresham dyes Fraâ—cklin entertained into the businesse A new speech of Marriage betweene the Countesse and Rochester SIr Thomas Overbury and Rochester having for some private occasion fallen into a new breach at Newmarket returnes very pensively to London and now the time being come that he should give an answer what he would doe concerning this Embassage he answered That he acknowledged himselfe much bound unto His Majesty for many favours that he had bestowed upon him as to preferre him to so great honour but yet neverthelesse knowing himselfe of such a place unexperienced how to execute it and besides tyed to many domestick businesses desired to be excused This seeming something strange and harsh that he should neglect his owne good and by this meanes incurre the displeasure of the King and lose his expectations makes some of his friends to wonder others to stand in a maze But in the conclusion as he had justly deserved by reason of his contempt he is committed to the Tower but not to be kept as a close Prisoner but after my Lord of Northampton and Rochester being both of the Privie Councell and in great favour at Court sends unto the Lieutenant that he should keep him close Prisoner and afterwards received by word of mouth from Sir Thomas Monson that he should not suffer any Letters tokens or other things to be delivered unto him Their expectation in this thing being accomplished Mis Turner by the instigation of the Countesse becomes a great suitor to Sir Thomas Monson to have his Letter to preferre Weston unto Sir Thomas to waite on him in the Tower who hearing the name of the Countesse and withall understanding the great affection that was betweene her and Rochester condescended wrote and sent him with the Letter to Sir Iervace in the Tower He shewed it to Sir Thomas willing to deserve his petitions chiefest favour with the more readinesse entertained him As when a man ignorantly treads upon a Serpent is stung for his labour So Sir Thomas harbours in his owne brest the author of his owne destruction Now Gresham growing into yeares having spent much time and many foule prayers to accomplish these things at this time gathers all his bables viz. pictures in lead in wax in plates of gold of naked men and women with crosses crucifixes and other implements wrapping them all up together in a scarfe crossed every letter in the sacred word Trinitie crossed A W O crossed these being very holily delivered into the hands of one Weston to be hid in the earth that no man might find them and so in Thames street having finished his evill times he dyed leaving behind him a man and a maid the one hanged for a Witch the other for a Thiefe After his death with much writing many entreaties and rewards one Francklin was entertained into these actions a man of a reasonable stature crook shouldred of a swarthy complexion and thought to be no lesse a Witch then the two former Gresham and Forman This man was more imployed to make poysons fit to be administred by Weston then otherwise for he was excellent in that art to mitigate or increase their strength so that sometimes a poyson should be a moneth ere it should worke Verily evill actions shall never want evill actors and in all ages Physitians Apothecaries Druggists â—ashired Serving-men that have fallen into want have still beene the agents in such enterprises Tiberius his Physitian Spado an Apothecarie and Ligdo Drusius Servant are made agents to be his Poysoners Neroes Bond-man must kill him Pisoes Captaine under Germanicus must poyson him and by the helpe of a woman poysoner of Cowe a towne in Gretia who was so skilfull that shee had poyson in his poyson in his haire to kill himselfe a Centurian to Maximus must poyson him Alexanders Phisitian Antipater and Aristotle must be the author of his owne death And here Francklin a kind of Phisitian Weston a Servant to Sir Thomas and Sir Iervace Yeluis who is as hereafter you shall heare Privado to the Earle and Viscount and the Countesse and Mistris Turner are made instruments to kill and dispatch Sir Thomas Overbury so that it hath beene almost in all ages and in all such outrages sound that either such persons or women have beene actors in such attempts Overâ—ury being thus confined into the Tower and accompted amongst them as a Fryer a dead person in the Law in whose brest many secrets were contained being still fed on with hope of preferment and liberty lest he should disclose what he knew They at their will and pleasure carrouse full healths of sin and abomination and freely discourse of a marriage to
perdidit Sed hoc quoque ipsos quos beavit pendebit Our lusts our soules our wealth we spend In Court to purchase praise But what reward is in the end For our deserts repaie Their vowes and protestations deepe Not prest in paper but in mind Their sounds of words to lulls asleep From body forc't not from the mind Hands there wee joyne but not our hearts Whereby it happeneth few are blest And many thousand that resort Unto the Court by it are lost And of those few that blessed are Wee often see there fall againe Their blessed dayes they spend in care And after end their lives in paine The complaint for want of treasure The King sets many Lands to Feâ— Farme That death of the Lord Harrington The death of his sonne GReat summes of money being disbursed upon her Graces Wedding and dayly imployments for othersâ— some for Ireland The Lord Treasurer wanting there to defray ordinary expences some for the Kings owne use and some for other occasions causes a great complaint for want of treasure Officers at Court goe unpaid and many of the Kings Servants receive not their wages at set times so that the King is forced to set many of his Lands to Fee Farme and the four Deputie Treasurers with some few other have the passing of them now my Lord Harrington obtained a Patent for the making of brasse Farthings a thing that brought with it some contempt though lawfull for all things lawfull are not expedient who being injoyned to go into the Low-countries with her Grace by the way lost his life His sonne succeeded both in honour and Patent and enjoyed them not long before he dyed within short time after the hopefullest gentleman of that name more fit for imployments then for a private life and for a Statesman then for a Souldier he had beene at Cambridge there reputed for a great Scholler he travelled into Italy Venice and France he imployed his time for the most part in study whereby he made himselfe apt for great matters But yet it pleased God even then when he was in his greatest hope to cut off his dayes He gave all that he had to the Countesse of Bedford his Sister defeating her neither of the land nor the right of the Barony esteeming her to be worthy of much more then he had to leave He made a worthy and godly end These things coming so thick one after another left no time for men to dreame of Overburies death The Earle of Somerset his conscience accuseth him Northamptons speech to him He becometh a newter in Religion The Earle of Northamptons course A Nullitie being thus purchased he dignified as is said and the maâ—ch concluded about Candlemas 1614. they Marry with much joy and solemnitie a Maske being performed at Somerset's charge and many rumors passe without any respect all these things nothwithstanding a guiltie conscience can never goe without accusation pensivenesse and fulnesse doe possesse the Earle his wonted mirth forsakes him his countenance is cast downe he takes not that felicitie in company as he was wont to do but still something troubles him Verily it is a dangerous thing to fall within the compasse of a guilty conscience it eateth and consumeth the soule of a man as rust doth Iron or as beating waves hallowes the Rocks and though these things are not made publique yet neverthelesse Northampton observed it in him having so admirable capacity he could make use of all things wherefore knowing his disease viz. his mind feared with murther and knowing the Earle tractable as he desired enters into more familiar discourse with him For when the mind of a yong man is corrupted with evill he runs headlong into sinne without stay or feare wherefore amongst many other discourses this falls betweene them That in case the death of Sir Thomas Overbury should come to light they were then in a most dangerous state And the next thing they must expect is losse of life goods lands honours their names to be made scandalous to the world and to conclude to be branded with an ignominious death Neither that there was any way left for to escape this but either by making their owne fortunes so great that he might oppose all accusations or else being Catholiques to endeavour that in defending them they again might assist their cause in case that any matter came against them this carrying some shew and likelihood of truth And that indeed his case was desperate if ever it should come to light concludes to combine with Noâ—hâ—â—pton in whâ—tsoever he should undertake and in the conclusion became a â—eâ—ter in Religion whereupon to the intent he might set further evills on foot besides those before remembred he begins to rip up the ancient quarrell betweene the Welch and the English who now murmur at some discontents and to the intent to hearten on the Irish sends Letters thither by the hands of one Haâ—mon a poore man unto such whom â—e knowes to be faithfull in the Romish Religion and thereby confirmes them in their opinion assuring them that God will still provide one or more to protect his Church and that now the greatest Favourite in England would stand for them upon which Letter the Irish grew obstinate as I have said and altogether neglect the service of God and utterly deny the Oath of Supremacy protesting losse of life and goods rather then to be inforced to so damnable a thing Now wee see there the Church utterly forsaken none to heare divine Service The discipline of their owne Church established and the Irish in generall expecting a day to have their libertie and freedome in Religion The same man returning this newes is after sent into Yorkeshire with a black staffe and a knob upon the end within which knob Letters are conveyed from place to place aswell for pointing Assemblies as meetings for Masse and entertaining of Priests now might a man goe to Masse in divers places of the City and who were so publiquely favoured as Priests Their number increase their Priests are entertained Confession in many places publiquely practised and although it was contrary to the Law yet greatnesse overcountenancing them it was little regarded In the meane time quarrells went forward betweene the Scottish and English continuall complaints and the suit of the Cloth-workers with hope of obtaining their request not so much because of the profit as to raise up a discontent betweene the Duchie and them These courses caused divers men to passe divers opinions and many men to passe their opinion as they affected either parties The rumors of the Spanish Fleet A Proclamation against Spanish money A Leaguer in the Low-countries The publique rumors against my Lord of Northampton He exhibits a bill in the Star-chamber against the publishers They justified by my Lord of Canterburie's speech The death of my Lord of Northampton his Funerall his Will The names of those that succeeded him in his Offices NOt long after it was rumoured
desperate words that were uttered concerning Overburie's death whereupon finding the King in a good humour he moves him to this effect That whereas it had pleased His Majesty to commit many things into his charge and some of them proving something too waighty for him to undergoe it was so that ignorantly he run himselfe into a Praemunire whereby he had forfeited to him both his lands goods and libertie and that he came now to surrender them all up into His Majesties hands unlesse it pleased him of his wonted favour towards him to grant him pardon for that and many other offences that he had ignorantly committed The King still bearing a good affection towards him bid him draw his pardon and he would signe it whereupon he makes his repaire to Sir Robert Cotton and entreats him to looke him a pardon the largest he could find in former presidents so he brings him one that was made by the Pope to Cardinall Woolsey The effect of which was That the King of his meere motion and speciall favour did pardon all and all manner of Treasons misprisions of Treason Murders Felonies and outrages whatsoever by the said Sir Robert Carre Earle of Somerset committed or hereafter to be committed with many other words to make it more ample and large according to forme which he caused to be drawne and ingrossed and brought it into the King The King signed it at length it comes to my Lord Chancellor's hand he peruses it and refuseth to let it passe the Seale My Lord askes the reason answer was made That he could not justifie the doing of it but that he should incurre a praemunire as well as himselfe This struck Somerset to the heart and now he was in greater doubt then ever he was before for still he is stung with feare to be touched with Overburies death and so very pensively retires to White-hall and there remaines The King coming to London my Lord Chancellor acquainted him with the Pardon and shewed the King what danger he had incurred in case he had sealed it The King perceiving the truth of the businesse suspecting some greater matter then he knew of withdrawes his countenance from Somerset who now wanting vertue to support his greatnesse without the Kings favour falls into the contempt of many and those that are his enemies neglect him and doe as it were deride his manner of carriage by which meanes he runnes headlong into his owne perdition as shall be hereafter shewed My Lord Chancellour sued in the Star-thamber for being within the compasse of a Premunire The King goes to Cambridge A breach about Ignoramus My Lord Coke stands against my Lord Chancellor The King graces Sir George Villers Bestowes great honours upon him Somersets courses to conceale Overburies death His covetousnesse His insolencie He is crost by Villers The report of the vulgar IN this yeare 1614 the King by the entreaty of Somerset determined to go to Cambridge and there was entertained with great solemnity but amongst the rest there was a Play called by the name of Ignoramus that stirred up a great contention betweene the common Lawyers and the Schollers in so much as their flouts grew unsufferable but at last it was stayed by my Lord Chancellour and the explaining of the meaning About this time it happened that divers Citizens having recovered certaine summes of money in the Kings Bench and thereof having had Judgement against the party Defendant neverthelesse exhibites his Bill into the Chancery to have reliefe of the Plaintiffes at the Common-law having already had Judgement of the same matter there stands out and disobeyes the Kings Processe whereupon a Writ of Contempt issues against them they are taken committed to the Fleet and there continue in their obstinacy neverthelesse not long after upon some advice they exhibit their Bill into the Star-chamber against my Lord intending that hee ought not to intermeddle with any matter that were already determined at the Common-law and whereof a Judgement had been passed And this was ordained by the Statute of 4. H. 4. cap. 23â— whereby it was enacted that Judgement given in the Kings Court shall not be examined in Chancery Parliament or else-where untill it bee undone by attaint or errour c. Now my Lord having laid them fast up upon a Bill exhibited before him and Judgement being already given that therefore my Lord had incurred a Premunire and humbly prayed reliefe in this case Many were the opinions of Lawyers concerning this matter some stood on my Lord Chancellors side some said the poore men had injury and that they might justifie what they had done and amongst many my Lord Coke stood out very stiffely that my Lord Chancellor could not justifie that action And thus it stood still in question whether my Lord be in a Premunire or no My Lord of Somerset continuing still in his loose courses and utterly neglecting that severity that ought to be in a man of his place besides the former suspitions and jealousies gives occasion of others also whereby the King doth more and more fall into dislike There being at this time about the Court a young Gentleman that not long before had arrived from Travels out of France his name was Villers a Leicester-shire Gentleman and of an ancient House who as well in respect of carriage as of his countenance was more remarkable then many others On this man the King casts a particular affection holding him to be the onely properest and best deserving Gentlemen of England whereupon he entertained him into favour bestowes a thousand pound upon him after adornes him with the title of Knighthood And now he begins to grow every day more eminent then other greater honours are bestowed upon him as the dignitie to be Knight of the Garter and Master of the Horse places not common to every person and so much the more remarkable because they are bestowed upon him being so yong in yeares his wisdome is commended of the wisest and his expectations greater then many that went before him This stings Somerset to the heart to see another step to his place he more feares his subversion and downfall wherefore hee goes about to circumvent danger and for this purpose sends into France to make away the Apothecary that administred the Phisicke that killed Sir Thomas endeavouring to get in all Letters and writings that had past concerning the businesse and disgracing and discountenancing all such as at any time once spake of the death of Overbury to the intent that it might be concealed and kept close but what God will have disclosed shâ—ll never be concealed messengers are sent from place to place he being a Privie Councellor and in favour his Warrant passes currant so that in all places Truncks Chests Boxes Studies Daries and such houses wherein he suspected any Letters or other matters that appertained to that mischief lay hid were broken open and seâ—rched to the intent that they might bring some writings to my Lord yet
neverthelesse many and more then were dreamt on of those Letters came to my Lord of Canterburies hand and my Lord Cokeâ— so that those courses makes him rather more suspected then any whit at all eases his griefe At home in his Office using extraordinary covetousnesse and parcimony hee thereby heaped up to himselfe great store of mony and would not undertake any enterprise without he was well rewarded for his paiâ—es every new occasion and occurrence that came to his hands brought him in also a fleece of mony Offices in Court that lay in his gift nor bestowed without mony the Kings letters not purchased without mony no Pardon without mony so that he was as great a Bribe-taker as his Mother the Countesse of Suffolk and many Rumours and hard Reports were spread on him for the same yet neverthelesse he still continued his favour in despight as a man may say of his opposites even unto the greatest dignity which caused him to be as proud as covetous and to commit as many Insolencies as he had received sesecret Bribes thought it no matter to leane on the Cushion in publique â—o check some of the Nobility and amongst the rest to make a flat breach with my Lord of Canterbury a grave and reverend Gentleman one of the Pillars of this Kingdome and that could discerne the follies of this young man Thus admiring of his owne worth he works his own subversion and by these insolencies plucking more evils upon his head and daily adding more enemies to those that before he had deserved These things laying him open to the envie of the greatest and Sir George Villers seeing his exceeding covetousnesse having now the eares of the King would oftentimes crosse his expectations as it is credibly reported and deceive him of many a bribe which hee hoped for doing those things voluntarily and for a thanke which my Lord would not have spoken of without much money These courses laid him open to the contempt of the vulgar also And now all men according to their custome began to exclaime of his great extortion Thus may we see him falling Overburies death called into question Weston sent â—or and by my Lord Coke examined stands out Upon my Lord of Londons perswasion confesseth all The Earle and Countesse attached they deny the deed Sir Thomas Monson committed to the Tower Sir Walter Rawleigh and the Countesse of Shrewsbury set at liberty The death of the Lady Arbella The conviction of the Earle and Counâ—esse The manner of their Arraignment and the many rumours that were spread upon these things THe death of Overbury having now lyen consealed about two yeares and the Earles insolencie growing every day greater then other procures him many more enemies as is said yet there was no man that was so hardy for feare of the Kings displeasure hee carrying a very good affection still towards him to make him acquainted with it or bring it to the triall of the Law At last for divers are the rumours how it was discovered one was that Sir Thomas Overburies man petitioned to my Lord Coke and the substance of the petition was to let his Lordship understand that whereas his Master had been committed to the Tower by the consent of Northampton and Somerset and there languishing to death unnaturally that if it pleased his Lordship to call one Weston before him he might gather that out of him that might discover the whole plot and practise Others say that my Lord of Canterbury having conceived as is said some dislike against Somerset and willing to make himselfe gracious with the King possessed Sir Ralph Wimrood with the businesse one that was preferred to be Secretary under my Lord of Somerset and to assist him and lets him understand the whole matter as hath been related and that many Letters came unto his hands and presumptious therein that it should be true And there remained a Truncke in such a place wherein many writings were contained that would make evident the truth Sir Ralph being willing likewise to become more emiâ—ent with the King possest him with the businesse and proceeding upon a confident ground Warrant was sent to my Lord Coke to prosecute the matter Others say that by the losse of a Letter it was disclosed And divers opinions there were how it should come to light it having been kept close so long For things of this nature when they are so long concealed bring more wonder but howsoever it was made knowne my Lord Coke by vertue of his warrant sent for Wesâ—on to come before him and examined him upon divers articles concerning this subject and perswaded him entreated him and threatned him to tell the truth Weston stood out and would not thus he persisted some weeke or fortnight many men urged him to it Accusers were brought before him and deposed upon their oathes that whatsoever was objected against him was true this little prevailed At last my Lord of London went to him and by his perswasions tels all how Mistris Turner and the Countesse came acquainted what relation shâ—e had to Witches Sorcerers Conjurers that Northampton Somerset Francklin the Monsons and Yeluis had their hands in that buâ—inesse whereupon they were all apprehended some sent tâ— the Toâ—er others to Newgate having thus conâ—eâ—â— this eâ—ill bâ—â—â—g convicted according to the course of Law he was had to Tiburne to be hanged and there Sir Hiâ—les and others imâ—gining this to be but a â—able and that he was hired to accuse those pâ—râ—â—â—s for who almost would have beleeved it examines him at the Gallowes and upon his examination hee justified what he had doneâ— to the great wonder of all thoâ—e that stood by and heard it After him Mistris Tuâ—ner after her Fâ—anâ—klin then Sir Iervaâ—â— Yeluis upon their Arraignments of the Factâ— were found guiltie and hanged all very penitent and sorrowfull for what was done To write tâ—e particulars of their arraignments confessions and the manner of their deaths is needlesse being common Now the Countesse and the Earle are attached and committed to protection one to the Deane of Westminster the other to the Sheriffe of London and according to the course of such caseâ— there are great reports raised watch and ward kept more then ordinary and the guard more observant This makes the King stand at a maze and to imagine there is no truth in men growes more jealous of himselfe then heretofore because his onely favourite and that as it were in his bosome should be intrapt in such an evill And the â—ongues of the vulgar began to walke some say that Northampton and Somerset had combined with the Spaniard for a summe of money to deliver them up the Navie and that Sir William Monson Vice-Admiral should have done it the next Spring That the King and the whole State should have been poysoned at the Câ—â—istniâ—g of the Countesse child for shee was then with child and mâ—ny more the like rumours were spread not worth the speaking to the
taken by another so that men dye other mens deaths Concidit infelix alieno vulnere and it is as the Psalmist calleth it Sagitta noâ—â—e volans The arrow that flyeth by night that hath no ayme nor certainty and therefore if any man shall say to himself here is great talke of impoysonment but I am sure I am safe for I have no enemies neither have I any thing another man should long for why that is all one hee may sit next him at the table that is meant to be impoisoned and pledge him of his cup As we may see in the example of 21. H. 8. that where the purpose was to poyson one man there was poyson put into barme or yeast and with that barme pottage or grewell was made whereby sixteene of the Bishop of Rochesters servants were poysoned nay it went into the alms-basket likewise and the poore at the gate were poysoned And therefore with great judgement did the Statute made that year touching this accident made impoisonment high Treason because it tends to the dissolving of humane societie for whatsoever offence doth so is in the nature thereof high Treason Now for the third degree of this particular offence which is that it is committed upon the Kings prisoner who was out of his owne defence and meerely in the Kings protection and for whom the King and the State were a kind of respondent it is a thing that aggravates the fault much for certainly my Lord of Somerset let me tell you this that Sir Thomas Overbury is the first man that was murthered in the Tower of London save the murther of the two young Princes by the appointment of Richard the third Thus much of the offence now to the proofes For the nature of proofes you may consider that imprisonment of all offences is the most secret even so secret as that if in all cases of imprisonment you should require testimony you should as good proclaime impunity Who could have impeached Livia by testimony for the poysoning of the sigges upon the tree which her husband was wont to gather with his owne hands who could have impeached Parasetis for the poysoning of the one side of the knife shee carried with her and keeping the other side cleane so that her selfe did eat of the same peece of meat that they did whom shee did impoyson These cases are infinit and need not to be spoken of the secresie of impoysonment but wise men must take upon them in these secret cases Salomons spirit that when there could be no witnesses collected the act by the affection But yet we are not at our cause for that which your Lordships is to trie is not the act of impoysonment for that is done to your hands all the world by Law is concluded to say that Overbury was poysoned by Weston but the question before you is of the procurement onely and as the Law termeth it as accessary before the fact which abetting is no more but to doe or use any act or meanes which may aide or conduce to the impoisonment So that it is not the buying nor the making of the poyson nor the preparing nor confecting nor commixing of it or the giving or sending or laying of the poyson that are the only acts that doe amount unto the abetment but if there be any other act or meanes done or used to give opportunity of impoysonment or to facilitate the execution of it or to stop or divert any impediments that might hinder it and that it be with an intention to accomplish and atchieve the impoysonment all these are abetments and accessaries beâ—ore the fact As for example if there be a conspiracie to murther a man as he journeyeth on the way and it be one mans part to draw him forth to that journey by invitation or by colour of some businesse and another taketh upon him to disswade some friend of his company that he be not strong enough to make his defence and another hath a part to hold him in talke till the first blow be given all these my Lords without scruple are accessaries to the murther although none of them give the blow nor assist to give the blow My Lords he is not the hunter alone that lets slip the dog upon the Deere but he that lodgeth him and hunts him out or sets a traine or trap for him that he cannot escape or the like But this my Lords little needeth in this case for such a chaine of acts of impoisonment as this I thinke were never heard nor seene And thus much of the nature of the Proofes To descend to the Proofes themselves I shall keep this course First I will make a narration of the fact it selfe Secondly I will breake and distribute the proofes as they concerne the Prisoner And thirdly according to the distribution I will produce them or reade them to use them So that there is nothing that I shall say but your Lordships shall have three thoughts or cogitations to answer it First when I open it you may take your ayme Secondly when I distribute it you may prepare your answers without confusion And lastly when I produce the witnesses or the examinations themselves you may againe ruminate and readvise to make your defence And this I do because your memory and understanding may not be oppressed or overladed with length of evidence or with confusion of order nay more when your Lordships shall make your answer in your time I will put you in mind where cause shall be of your omission First therefore Sir Thomas Overbury for a time was knowne to have great interest and streight friendship with my L. of Somerset both in his meaner fortunes and after in so much that he was a kind of oracle of direction unto him and if you will beleeve his owne vaunts being indeed of an insolent and thrasenicall disposition he tooke upon him that the fortunes reputation and understanding of this Gentleman who is well knowne to have an able teacher proceedeâ— fâ—om his company and counsell and this friendship rested not only in conversation and businesse at Court but likewise in communication of secrets of Estate for my Lord of Somerset exercising at that time by his Majesties speciall favour and trust the Office of Secretary provisicually did not â—orbeare to acquaint Overbury with the Kings Packets and dispatches from all pâ—â—ts of Spaine France and the Low-countries and this not by glimses or now and then rounding in the eare for a favour but in a setled manner Packets were sent sometimes opened by my Lord sometimes unbâ—oken unto Overbury who perused them copied them registred them made tableâ—talke of them as they thought good So I will undertake the time was when Overbury knew more of the Secrets of Estate then the Councell Table did nay they were growne to such inwardnesse as they made a play of all the world besides themselves so as they had Cyphers and Jurgons for the King and Queene and great men of