Servants for that never comes but with a noise whereas on the contrary there are a number of Poysons that they will neither distaste nor discolour that they be put into Thirdly It takes not only away the party maliced or meant it is like an Arrow shot that hath no aym and if Facts of this kind were not met withall by condign punishment what society would there be amongst men In the 22. Hen. 8. a Poysoner ayming at one man poysoned a dish of Barm at this time there was a feast at the Bishop of Rochesters that Barm was unwittingly used in Broths and boyled meats sixteen at the Table were poysoned with it nay it went as far as the Alms-basket and some poor dyed of it Well this year Poysoning was esteemed so great an offence that a Statute was made to make it High Treason My third Aggravation is That it was against the Kings Prisoner in the Tower where the King and State were in a manner bound to answer for him and my Lords till now there hath been no Murther in that place since the Nephews of King Richard the third were there murthered by his Command My second general Division is What Proofs I hold to be compleat in this Case I hope my Lords the Peers will consider that of all Murthers Poysoning is the most secret And therefore to look for Testimonies direct is to say that they proclaim impunity who should have impeached Parasapis who poysoned one side of a Knife and eat with the other But my Lord you are not to enquire of actual impoysoning but the procuring and faciliating of it and that is to be an Abettor before the Fact if any middle course should be used to the intent such a matter might be effected if afterwards it be done For example There be three intended to Rob a man one sends a Letter to him upon some pretended business to draw him such a way the other fearing he may carry some company with him useth some means to divert him from that and proffers to go with him himself and holds him in discourse until the third man comes upon him and doth the fact certainly all these are guilty It is not he only that slips the Dog but he that loves the Toyl that kills the Deer But these things my Lord are so perspicuous that I will not dilate My third Division was the stating and summing up the Proofs and that shall be thus First A plain Narrative of the Fact it self Secondly The distribution of it into parts and applying of the Evidence And thirdly The Production of Witnesses and Writings Somerset I humbly desire to answer every particular as it is objected against me my memory is short and so I may omit to Answer some of the most principal Objections Lord Steward The constant course of the Court must be kept you cannot interrupt the Kings Councel they must give their Evidence entire before you come to your Answer you have now Pen and Ink to observe what they urge against you and if after you omit any thing when you come to your Answer you shall have all the Helps that can be afforded you Mr Attorney My Lord of Somerset in substance I will answer and satisfie your Request for you shall have three Cogitations First Take your aym of that that shall be objected against you in the Narrative then a second in the distribution of it into parts and lastly the third when the Witnesses shall be produced and more when you come to your Answer if you omit any thing that hath been objected against you I will put you in mind of it Now for the Narrative the Friendship and familiarity betwixt my Lord of Somerset and Sir Thomas was so great if you beleeve him in his own Letter but he was a Trasonical Fellow that the Ballance had need be altered that the greatest matters and secrets of State which my Lord executed under the King were all communicated unto him not whisperingly or by peece meals as sometimes Councellors use to do to their friends for a favor but Overbury took Copies Registers and Extracts of all that passed they had Ciphers between them which went under the name of Iergins of the King and Queens name and all the Councellors of State and this kind of Characterical writing is never used but by Princes or their Embassadors if by others then by such as be Practisers against them yet my Lord I charge you with no disloyalty I remember a Speech Your Grace hath often said in Chancery That Fraud Frost and foul weather I might adde without disloyalty of Friendship of ill men And so my Lord it proved on your part to Sir Thomas Overbury occasioned thus You went about an Unlawful Love designed by my Lord of Northampton oppugned by him under pretence of Friendship though in truth that was not the occasion but his Unwillingness to have any Partners in your Favour besides Himself For He Himself writes in a Letter to you That you won her by his Letters but this impetuous unbounded Fellow Overbury first began with Threats in respect of the communication of Secrets Here upon this there grew two streames of Hatred upon Him one from You and another from my Lady but yours of a more nigher nature for your self confessed That he had such hold of you He might overthrow you There was a third stream besides these and that came from my Lord of Northampton And from you three Overbury was concluded Filius Mortis Now how this should be executed the means for that was now to be thought on And for that there was but two Ways Violence or Poyson The first was attempted but that failing you fell upon the second how should that be effected If he had been abroad or at liberty you know he had too jealous a Head to be easily entrapped what then was to be done one way but was to be cooped up but how must that be done There my Lord you plead a pefidious part by your Plot OVERBURY was designed for an Honorable Employment beyond the Sea and disswaded by you animating him to refuse the Kings Command upon this for his contempt he is committed to the Tower when he was there must he have the liberty of the Ayr No He must be committed close Prisoner that you might the better compass your desires There you had him fast there was no avoyding of it but death must be his bane Now for the knitting up and connection of these things If you had not a Lievtenant to your hand and an Under-Keeper for your purpose all was but in vain and so you ordered it for Overbury had not been five days in the Tower but VVade was dispatched Elvis put in Caris his old Keeper put out and Weston his Poysoner put unto him And though the placing of Sir Iervise Elvis was consulted in ten days before his Imprisonment yet all was resolved and done within five days after Now for the last Act of
to be made known unto him That Councellor added that he took it for a favour from him but withall added there lies a kind of heavy Imputation on him about Overburies Death I could wish he could clear himself or give some satisfaction in the point This my Lord related back and presently Elvis was struck with it and made a kind of discovery that some attempts were undertaken against Overbury but took no effect as checkt by him This Councellor weighing well the Narration from Elvis acquainted the King with the Overture who commanded presently that Elvis should set down his knowledg in writing which accordingly he did but always reserving himself still endeavoring rather to discover others then any else should undertake that Office and so accuse him The King still endeavors to search the truth of this business gives Direction for the Examination of the Truth of it commits it to certain Councellors they pick something out of him and Weston then the further Enquiry is delivered over to my Lord Cook who in this Cause was very painful took two and three hundred Examinations but when he found it might touch upon greater persons then he desired some others might be joyned with him which was accordingly granted namely the Lord Chancellor Lord Steward and the Lord Zouch but then there were no practices left untryed for the suppressing of the Discovery Weston was solicited to stand mute but at last this dumb Devil was cast out then followed Elvis Turner Francklin all which were Actors in this Tragedy without Malice but no Authors Now when this Lady comes to her part she meets Justice in the way by Confession which is either the Corner stone of Mercy or Judgment yet it is said Mercy and Truth are met together Truth you have in her Confession and that may be a degree to Mercy with me it must be and to him in whose Power it resides in the mean time this day must be reserved for Judgment Now to conclude and give you Accompt of the often Procrastinations in this business the first was due to Humanity her Child-birth the second was for reason of state and the last had a grave and weighty Cause These Directions the King at first gave written with his own Hand for the Examination of this business I desire may be read The Kings Instructions THere be two contrary things in this Cause to be tryed and the verity can be but in one of them First whether my Lord of Somerset and my Lady were the Procurers of Overbury's death or that this Imputation hath by some practice cast an aspersion upon them I would have you diligently inquire of the first and if you find him clear then I would have you as carefully look after the other to the intent such practices may be discovered and not suffered to pass without punishing Attourney There be other Directions in these Instructions by way of Interrogatories that are not now necessary to be read let the Lords the Peers view these Directions from the King None of these Interrogatories which the King desired there should be examination upon came away empty and whatsoever whispering there be abroad of the death of Weston they all before the hour of their death confessed the fact and dyed penitent and if need should require I have brought their Confessor along namely Doctor Whiting Lord Steward My Lords you have seen and have heard these Directions under the Kings Hand with Glory to God and Honor to the King Attourney May it please your Grace whereas Frances Countess of Somerset as accessary before the fact of the wilful poysoning and murther of Sir Tho. Overbury upon her Indictment she hath been Arraigned then upon her Arraignment she hath confessed Guilty I desire that her Confession may be recorded and Judgment upon the Prisoner Fanshaw Frances Countess of Somerset thou hast been Indicted Arraigned and pleaded Guilty as accessary before the Fact of the wilful poysoning and Murther of Sir Tho. Overbury what canst thou say for thy self why Judgment of death should not be pronounced against thee Countess I can much aggravate but nothing extenuate my fault I desire Mercy and that the Lords would be pleased to intreat for me to the King This she spake humbly fearfully and so low that the Lord Steward could not hear it but the Attourney related it Attourney The Lady is so touched with remorse and sense of her fault that grief surprizes her from expressing of her self but that which she hath confusedly said is to this effect That she cannot excuse her self but desires mercy Sir R. Connisby sitting before the Lord High Steward rises and upon his knees delivers him the white staff Lord Steward Frances Countess of Somerset whereas thou hast been indicted Arraigned and pleaded Guilty and confessed that thou hast nothing to say for thy self it is now my part to pronounce Judgment only thus much before since my Lords have heard with what Humility and grief you have confessed the Fact I do not doubt but they will signifie so much to the Kings Majesty and mediate for his Grace towards you but in the mean time according to the Law the sentence of death must be thus Thou must go to the Tower of London from hence and from thence to the place of Execution where you are to be hanged by the Neck till you be dead and Lord have Mercy upon your Soul The Arraignment of the Lord of Somerset May 25. 1616. being Saturday ANd first what was done before the Pleading Sergt Cryer O Yes My Lord High Steward of England purposes to proceed this day to the Arraignment of Robert Earl of Somerset O Yes Whosoever have any Indictments touching this Cause presently give them in The Lord Cook delivers the Indictment of my Lord of Somerset to Mr Fanshaw endorsed Walter Les Sergeant at Arms return the Precipe for the Lords which thou hast warned to be here this day O Yes He calls every Lord by his name and they stand up as they be called The Lord Steward excuses the Lord Mountegle and Russel of their absence in respect of their sickness Fanshaw Robert Earl of Somerset hold up thy hand He held it up so long till Mr Lievtenant bid him hold it down The Indictment is read containing VVestons Actions in the poysoning of Sir Tho. Overbury and his abetting of him the 8. of May 1613. The Lord Somerset was apparelled in a plain Sattin Sute laced with two Sattin laces in a seam a Gown of uncut Velvit all the sleeves laid with a Sattin lace a pair of Gloves with Sattin tops his George about his Neck his Hair curl'd his Visage pale his Beard long his Eyes sank in his Head whilest his Indictment was reading he three or four times whispered to the Lievtenant Fanshaw Robert Earl of Somerset what saist thou art thou guilty of this Felony and Murder whereof thou standest indicted or not Somerset making obeysance to the Lord Steward answered Not guilty
be clearly otherwise For upon this the Earle moved the King to appoint Sir Tho. Over. to be Ambassadour for Russia the King willing to prefer Sir Thomas as one whose worth and valour was yet unknowne to his Majesty accordingly injoyned him that service the which Sir Thomas was most willing to accept of as a gracious aspect of the King towards him which willingnesse of his was proved by the depositions of two or three witnesses read in Court and by the oath of Sir Dudly Diggs who voluntarily at the arraignment in open Court upon his oath witnessed how Sir Thomas had imparted to him his readinesse to be imployed in an Ambassage The Earle as well abusing the Kings favours in moving to shew favour wherein he meant the party should take no benefit as bearing unhonest friendship in conference with Sir Thomas concerning that imployment perswaded him to refuse to serve Ambassadour whereby quoth he I shall not be able to performe such kindnesse to your advantage as having you with me and quoth he if you be blamed or committed for it care not I will quickly free you from all harme Sir Thomas thus betrayed by a friend refused to serve in that nature whereupon by just equity he was committed to the Tower Being thus committed he was presently committed close prisoner and a Keeper he must have and who must that be but this Weston who was commended by the Countesse of Essex to Sir Thomas Monson to be by him commended over unto the Lieutenant of the Tower to be Keeper to Sir Tho. Over. Sir Tho. Monson according to the Countesses request commended the said Weston to Sir Iervas Elvis whereupon the Lieutenant entertained the said Weston and appointed him to be Keeper to Sir Th. Overb. The said Weston upon his own confession read in Court signed with his mark had during the time that she was Countesse of Essex been a procurer and a Pander to the said Earle Viscount Rochester and the said Countesse of Essex for the convening and effecting of their adulterate desires which they did divers times consummate meeting in Mrs. Turners house once between the houres of eleven and twelve at Hamersmith and divers times elsewhere for that purpose so that now by the procurement of the said Countess who hated Sir T. Overb. for being a means to keep them from contaminating themselves with such lustful imbracements and from the proposed Marriage they mutually laboured to compass Her Pander was become his Keeper a fit Agent for Lust and Murther Weston now being become Sir Tho. Overb. Keeper kept him so close that he could scarce have the comfort of the dayes brightness neither suffered he any one to visit him father brother his best friends his neerest kindred were strangers to him from the beginning of the imprisonment unto the end Mrs. Turner upon the first dayes keeping promised him a contented reward if he would administer such things to Sir Tho. Overb. as should be sent unto him thinking him a fit instrument to compass black murther that was so well acquainted with foul lust and so indeed they found him for he agreed and did promise to administer whatsoever she would send him Mrs. Turner upon this murtherous promise the very same day Weston became Sir Tho. Keeper being 6. May 1613. sent unto him the said Weston certain yellow poyson called Rosacar in a viall Weston having received that poyson the foresaid 6. May at night bringing Sir Tho. Overb. supper in one hand and the vial in the other meets with the Lieutenant and asks him in these terms Sir shall I give it him now upon this word now my Lord Chief Justice demurs to aggravate the maliciousness affirming that this particle now shewed a resolution to poyson him onely fit time and circumstances were to be respected by him What shall you give him replyes the Lieutenant VVeston replyes As if you do not know Sir The Lieutenant blaming him he carries the poyson into an inner room which Weston did administer to Sir Tho. Overb. the 9. May in broth this was proved both by Weston and the Lieutenants Confession Weston having given this poyson which wrought very vehemently with him by vomits and extream purging he presently demands his reward of Mrs. Turner who replies The man is not yet dead perfect your work and you shall have your hire This was confessed by Weston under his mark Sir Tho. Overb. by his close imprisonment and poyson growing sick and daily languishing after three or four weeks space considering he had not obtained his freedome and release having no friends suffered to come unto him but onely such as the Earl sent to comfort him of his own followers wrote to the Earl to remember his imprisonment who returned answer The time would not suffer but assoon as possible it might be he would hasten his delivery so indeed it seems he intended to do but not so as Sir Tho. Overb. conceived whose true affection would not admit his judgement to debate the strangeness of his imprisonment which he might well think then the Earl might easily have relieved On the 5. of Iune Viscount Rochester sent a Letter to Sir Tho. Overb. in the Letter he sent him a white powder willing Sir Tho. to take it It will quoth he make you more sick but fear not I will make this a means for your delivery and for the recovery of your health Sir Tho. never dreaming of base treachery but conceiving of it as friendly policy received the said powder which wrought upon him most vehemently whereupon his sickness grew more violent and his languishment encreased which white powder upon Westons confession was poyson Sir Tho. Overb. his sickness encreasing and with it his wondring that he could not in two months be released after his Physick taken he thus wrote to the Earl lamenting his own estate and taxing the Earl of his forgetfulness of his weak estate for his faith being thus shaken with the Earls unkindness gave way for his judgement to scan those actions rather like an understanding man then a loving friend as appeareth by his Letter sent to Rochester the effect whereof was thus as is averred by the depositions of Sir Tho. Overb. servants who saw the Letter Sir I wonder you have not yet found means to effect my delivery but I remember you said you would be even with me not suspecting as it seemeth any poysoning but an unkind forgetfulness of my Lord of Rochester and so you are indeed but assure your self my Lord if you do not release me but suffer me me thus to dye my blood will be required at your hands My Lord comforts him and excuses that it cannot yet be compassed Sir Tho. after the powder taken languished deadly and to comfort him some followers of my Lord of Rochester are sent to him daily in the name of my Lord by the appointment and procurement of the Lady Essex as VVeston confessed to visit and comfort him and intreat him if
he desired any meats he should speak and it might better perhaps be provided for him then he should have any from the Tower This was three moneths after his imprisonment He as men sick desired luscious meats Tarts and Jellies which were provided by Mrs. Turner with the knowledge of the said Countess and sent unto him of which he did eat the which Tarts were poysoned with Mercury sublimate not being so well coloured as other Tarts are and VVeston confessed that he was straightly charged not to taste thereof Sir Tho. thus continuing languishing and consuming with the extremity of sickness untill 6. Septemb. then the aforesaid Mrs. Turner did procure an Apothecaries boy for 20. l. to poyson a Glyster which was by the boy and VVeston afterwards administred as good Physick upon 7. Octob. After the receipt of the Glyster he fell into great extremity of vomiting and other purging which left him not till it caused his soul to leave his poysoned body This VVeston confessed and signed Being thus dead he was presently and very unreverendly buried in a pit digged in a very mean place On his body thus venomously infected appeared divers blains and blisters whereupon they to take away as well his good name as his life did slanderously report that he dyed of the French Pox but this report was cleared in Court by the depositions of his servants and other men of worth there read that before his imprisonment he was a clear and sound body only he had an Issue in his left arm purposely made for the benefit of his nature for the avoiding of Rhume and ill humours which with continual sitting at his study he had subjected himself unto He further observed the confession of the Lieutenant to be that if any prisoner dyed there his body is to be viewed and inquisition to be taken by the Coroner But Sir Tho. Overb. friends and others might by no means be suffered to see his body although it was reported that there was Inquisition taken yet it could by no means be found After Mr. Attorney had ended his speech Mr. Warr also of Counsel for the King declared to the Court what familiarity he had with Sir Tho. being both of the Temple together much commending his singular honest and vertuous conversation affirming that he was addicted to no dishonest actions and from this he proceeded to urge his hard usage in the Tower where he might have no company but the Apothecary and a Walloon and repeating the sending of the Tarts and Jellies in my Lord of Somersets name and ending his speech with this saying Pereat unus ne pereant omnes pereat peccans ne pereat Respub. Then by the commandment of the Court were read by Mr. Fanshaw the examination of divers witnesses taken before the Lord Chief Justice and others which in effect was as followeth Lawr. Davis servant to Sir Tho. Overbury examined 15. Octob. 1615. before the Lord Chief Iustice HE said that he had served Sir Tho. Overb. eight or nine years in all which time he was very healthful and never kept his bed for any sickness only he was troubled sometimes with the Spleen for ease whereof he had by the advice of his Physician an Issue made in his left arm but before his imprisonment he had no sores blisters or other defects in his body Also he saith Sir Tho. would have gone over upon the Embassage but was disswaded by Somerset who promised to bear him out He complained he needed not to be a prisoner if Somerset would and if he dyed his blood should be required at his hands That Somerset was as good as his word who told him at Newmarket he would be even with Sir Tho. Overb. Henry Payston another servant of Sir Tho. Overb. examined 15. Octob 1615. HE affirmeth that Sir Tho. was of a very good constitution of body that he used sometimes to run to play at Foiles and such like that he was of a moderate diet never had any sores saving the said Issue in his arm that Sir Tho. wrote Letters to Somerset signifying he needed not to lye in prison if Somerset would and if he dyed his blood should be required at his hands also that Sir Tho. at one of the clock at night meeting Somerset in the Gallery at VVhite-Hall had speeches with him touching the Countess whom he called base woman and told Somerset he would overthrow all the Kings favours and honours and upon displeasure between them at this conference Sir Tho. desired Somerset he might have his portion due and he would shift for himself whereunto Somerset answered And my legs are strong enough to carry me and so flung away in an anger all which this examinant heard being in a chamber next to the Gallery Sir Dudly Diggs being present in Court and sworn declared Viva voce that he was sent by a Privy-Councellor a great man to Sir Tho. Overb. to bring him to this great man which he did and coming back together over the water in a Boat Sir Tho. was much discontented the reason whereof he said was that he was perswaded by the great man to withdraw himself from the Court for some reasons which he disclosed not and Sir Dudly being sent afterwards by the Lords to know the resolution of Sir Tho. touching the Embassage he found him to rely upon my Lord of Somerset saying My precious Chief knows the Kings mind better then any and I the mind of my precious Chief Richard Weston the Prisoner 6. Octob. coram Cook Crew HE affirmeth that before Sir Tho. was in the Tower he this examinant carried three Letters to Somerset for the Lady Essex to Royston Newmarket and Hampton-Court and he delivered answer to Mrs. Turner and that upon the Letter to Hampton-Court he had answer by word of mouth only that his Lordship would come and that coming back he met with the Countess and Mrs. Turner half way in the Coach whom he told that the Lord onely answered so whereupon the Countess strook out of the way into a Farmers house hard by whither within a little space Somerset came and that afterwards they met in the night at Mrs. Turners house in Pater-noster-row and he confesseth that of a year before Sir Tho. his imprisonment no man carried Letters between them but he Sir Tho. Monson 5. Octob. coram Cook Crew HE saith that he never knew VVeston until Sir Tho. Overb. was prisoner in the Tower and that he preferred him to the Lieutenant to be Keeper to Sir Tho. Overb. at the request of the Countess Anne Turner widow examined 11 Octob. 1615. coram Cook SHe saith that Weston was an ancient servant and her husbands Bayliffe in the Country she denieth to have any thing to doe in placing him in the Tower but saith the Countesse of Essex did effect it and used the helpe of Sir Tho. Monson therein Sir Jervas Elvis examined 3. Octob. 1615. coram Cook Crew HE saith that he had a
letter from Sir Tho. Monson requesting him that Weston might be Keeper to Sir Tho. Overb. and that he did performe it and afterwards having conference with Sir Tho. Monson told him that his Keeper was not to suffer any letters or tokens to be delivered to him Richard Weston the prisoner examined againe HE confesseth he shewed the Glasse that was delivered him by his son from the Countesse to the Lieutenant and told him it came from the Countesse of Essex and that he perswaded him not to give it to Sir Tho. Overb. and saith he had divers Tarts from the Countesse to give to Sr Thomas with Caveats that himself should not taste of them and confesseth he thought they were poysoned He saith Mrs. Turner appointed him to come to White-hall and that she dealt with him to give Sir Tho. Overb. the water and told him he should not drinke thereof and promised him a great reward and he suspected it was poyson his son afterwards delivered him the glasse which he shewed to the Lieutenant who rebuked him and so he set the glasse in a study near to Sir Thomas his chamber but gave it him not although he told Mrs. Turner the next day he had given the water which made Sir Thomas to vomit aften and to be exceeding sicke He saith Mr. Iames and Mr. Rawlings servants to the Countesse came often to know of this Examinant how Sir Thomas did and what he would eat and they delivered him Jelly and Tarts which he gave to Sir Thomas who did eat thereof He saith he demanded of Mrs. Turner his reward who answered he was not to have his reward untill Sir Thomas was dead and that he was promised a Pursevants place but confesseth that afterwards at two severall times he received secretly after the death of Sir Thomas for a reward by Mrs. Turner from the Countesse 180 li William Weston son to the prisoner examined HE confesseth he received a Glasse from the Countesse by her servants two inches long being wrapped in a paper which he delivered to his father in the Tower Then was read the confession of the Lieutenant to the King that Weston met him carrying Sir Thomas's supper in one hand and the glasse in the other and demanded of the Lieutenant thus Sir shall I give it him now whereat the Lieutenant stepped to him and asked him what to which Weston said why know you not what is to be done and so the Lieutenant having made him to confesse the matter disswaded him and he seemed to be resolute not to do it and afterwards this Weston confessed to the Lieutenant an Apothecary had twenty pound for ministring a Glister to Sir Tho. Overbury Weston the prisoner examined before the Lord Zouch and others COnfesseth that Sir Thomas had a Glyster which gave him sixty stools and vomits also being confronted with the writings of Sir Ier. Elvis and charged therewith confesseth the same to be true Simon Marson Musitian examined SAith he served Sir Tho. Monson six years and was preferred by him to the Kings service but waited sometimes upon Sir Thomas Monson he saith he received divers Tarts and Jellies from the Countesse of Essex to be carried to the Lieutenant of the Tower for Sir Tho. Over. Paul de la Bell examined SAith that the third of Iuly he made Sir Tho. Over. a Bath by Dr. Michams advice to coole his body and he saw his body exceeding fair and clear and again he saw his body being dead full of Blisters and so consumed away as he never saw the like body Giles Rawlings a kinsman of Sir Thomas Overbury examined SAith upon the bruit of the murther of Sir Tho. he was taxed by some why he made no prosecution he thereupon made a Petition and delivered it to the King that the examination of the cause might be referred to the judgement of the Law and denieth that he was perswaded by any to the contrary He saith that he comming often to the Tower to see Sir Thomas could not be suffered to see him so much as out of the windows and Weston told him it was the commands of the Councel and the Lieutenant The Lieutenant of the Tower examined HE saith that after the death of Sir Thomas VVeston came to him and told him he was much neglected and sleighted by the Countesse and could receive no reward but afterwards he confessed he had received a hundred pounds and should receive more and the Lieutenant also saith that Sir Thomas was very angry with his Apothecarie at certain Vomits which he had and also that the Tarts and Jellies which he had would be found within a day or two standing ill coloured and that no body did eat thereof but Sir Thomas and VVeston confessed to him that an Apothecarie had twenty pounds for ministring the Glyster These examinations being read and applied to the purpose the Lord Chief Justice said he would discharge his duty first to God in giving all glory for the bringing to light of so horrible and wicked a fact and next to the King his great Master who as in case of the like nature in the case of Zanq and Turner so specially in this case hath given given streight charge of due and just examination to be had without any partiality or fear of the world to the intent as well the innocent might be free as the nocent and guilty severely punished And for this purpose his Majesty had with his owne hand written two sheets of paper on both sides concerning Justice to be administred to all persons which were to be examined which writing the Lord Chief Justice shewed to the Lord Maior and the rest of the Commissioners and then he declared the Kings justice who albeit the many favours and honors which his Majesty had bestowed upon the Lord of Sommerset and his nearnesse to his person by reason of his office yet he had committed him prisoner to the Dean of Westminster under the custody of Sr Oliver Sr Iohn and also had committed his Lady so having last of all demanded again of the prisoner if he would put himself to be tried by the Country which he refused the Court was adjourned untill Munday following at two of the clock in the afternoon The second Arraignment of Richard Weston ON Munday the 23 Oct. 1615. to which day the Court was adjourned by the said Commission afer Proclamation made the Jury of life and death called the prisoner VVeston was set to the Bar and Mr Fanshaw Clerk of the Crown declared to him that he had been formerly arraigned and pleaded not guilty so he demanded of him how he would be tryed whereunto the prisoner answered by God and his Country and thereupon the Jury being sworn the Indictment being read as before Sir Lawr. Hide the Queens Attorney being of the Councel for the King having briefly rehearsed the effect of the Indictment shewed how that he must necessarily mention others that were guilty of the same fact wherein
buried very deep in the grave or else said he I shal fear you all To him in his life time often resorted the Countess of Essex and Mrs Turner calling him Father their cause of comming was that by the force of Magick he should procure the now Earle of Somerset then Viscount Rochester to love her and Sir Arthur Mainwaring to love Mrs Turner by whom as it was there related she had three Children About this business the Countess wrote two Letters the one to Mrs. Turner the other to Doctor Forman as followeth The Countesses Letter to Mrs. Turner SWeet Turner I am out of all hope of any good â—n this work for my Father Mother and Brother said I should lye with him and my Brother Howard was here and said he would not come from this place all this Winter so that all comfort is gone and which is worst of all my Lord hath complained he hath not lain with me and I would not suffer him to use me my Father and Mother are angry but I had rather die a thousand times over for besides the sufferings I shall lose his love if I lye with him I will never desire to see his face if my Lord do that unto me my Lord is very well as ever he was and so you may see in what a miserable case I am you must send the party word of all he sent me word all should be well but I shall not be so happy as the Lord to love me as you have taken pains ever for me so now do all you can for never so unhappy as now for I am not able to endure the miseries that are comming on me but I cannot be happy as long as this man liveth therefore pray for me for I have need but I should be better if I had your company to ease my minde let him know this ill news if I can get this done you shall have as much money as you can demand and this is fair play Your Sister Fran. Essex Burn this Letter A Letter from the Countess to Doctor Forman SWeet Father I must still crave your love although I hope I have it shall deserve it better hereafter Remember the Galls for I fear though I have yet no cause but to be confident in you yet I desire to have it as it is remaining yet well so continue it still if it be possible and if you can you must send me some good fortune alas I have need of it keep the Lord still to me for that I desire Be careful that you name me not to any body for we have so many spies that you must use all your wits and all little enough for the world is against me and the Heavens favour me not onely happy in your love I hope you will do me good and if I be ungrateful let all mischief come upon me My Lord is lusty and merry and drinketh with his men and all the content he gives me is to abuse me and use me as dogedly as before I think I shall never be happy in this world because he hinders my good and will ever So remember I beg for Gods sake and get me from this vile place Your affectionate loving Daughter FRAN. ESSEX Give Turner warning of all but not the Lord I would not have any thing come out for fear of my Lord Treasurer for so they may tell my Father and Mother and fill their ears full of toyes There was also shewed in Court certain pictures of a man and woman in copulation made in Lead as also a mould of Brass wherein they were cast A black Scarf also full of white crosses which Mrs. Turner had in her custody At the shewing of these and inchanted papers and other pictures in Court there was heard a great crack from the Scaffolds which caused a great fear tumult and confusion amongst the spectators and throughout the Hall every one fearing hurt as though the Devil had been present and growing angry to have his workmanship shown by such as were not his own schollers and this terrour continuing about a quarter of an hour silence proclaimed the rest of the cunning tricks were likewise shewed Doctor Formans wife being Administrix of her husband found Letters in packets by which much was discovered she was in Court and deposed that Mrs. Turner came to her house immediately after the death of her husband and did demand certain pictures which were in her husbands study namely one picture in wax very sumptuously appareled in silk and sattins as also one other picture sitting in form of a naked woman spreading and laying forth her hair in a Looking-glass which Mrs. Turner did confidently affirm to be in a box and that she knew in what part of the study they were Mrs. Forman further deposeth that Mrs. Turner and her husband would be sometimes three or four hours locked up in his study together She did depose further her husband had a Ring would open like a Watch There was also shewed a Note in Court made by Doctor Forman and written in parchment signifying what Ladies loved what Lords in the Court but the Lord Chief Justice would not suffer it to be read in open Court Mrs. Turner sent Margaret her Maid to Mrs. Forman and wished that all such Letters and papers as did concern the Earle of Somerset and the Countess of Essex should be burned or any other great personages telling her that the Councels Warrant should come to search the study and that all his goods might be seised whereupon she and her Maid Margaret with the consent of Mrs. Forman burnt divers Letters and papers but that she kept some without their privitie There were also inchantments shewed in Court written in parchment wherein were contained all the names of the blessed Trinity mentioned in the Scriptures And in another Parchment Cross B. Cross C. Cross D. Cross E. in a third likewise in parchment were written all the names of the holy Trinity as also a figure in which was written this word Christus and upon the parchment was fastned a little piece of the skin of a man In some of these parchments the Devils had particular names who were conjured to torment the Lord Somerset and Sir Arthur Manwaring if their loves should not continue the one to the Countess the other to Mrs. Turner Mrs. Turner also confessed that Doctor Savorius was used in succession after Forman and practised many sorceries upon the Earle of Essex his person Mrs. Turner being almost close prisoner in one of the Sheriffs houses in London before she was brought to the Barr knew not that Weston was executed but by the proceedings having understanding thereof and hearing divers examinations read it so much dejected her that in a manner she spake nothing for her self also examinations and witnesses Viva voce that were produced at Westons arraignment and divers others were read again as the Examinations of Edward Paine Io. VVright Robert Freeman Symcock Rawlings
but the bare literal meaning and sure quoth he after I had received the Tarts and they stood a while in my Kitchin saw them so black and foul and of such strange colours that I did cause my Cook to throw them away and to make other Tarts for him To the fourth he saith the Earle of Northamptons Letter to him was not any thing touching the poysoning of Sir Thomas Overbury but for a close restraint to the end that Overbury might agree to their purposes concerning the marriage to be had between Rochester and the Countess if the Earle of North-hampton had any plot to take away his life I was not of his counsel nor had knowledge therein To the fifth it is said I received him according to my instructions I meant no other thing then I had delivered before which was concerning the closeness of his imprisonment but being asked what he meant by these words Rochesters part I shall greatly fear untill I see the event to be clearly carried In this he staggered and wavered much and gave his answer It was long since I writ this Letter and for the particular circumstance that induced me to this speech I cannot now call to memory but sure I am knowing my self to be innocent I satisfie my remembrance so that I meant nothing concerning the taking away of his life but because I was a stranger to Rochester and had heard and known of that great league that was between them I might well think suspect and fear whether he would alwayes continue those projects for his restraint These were the answers he made to his accusations and after he had made many protestations betwixt God and his soul of innocency in the mallicious plotting and abetting of Overburies death he appealed himself to the Jury and said I will prove unto you by many infallible and unanswerable reasons that I could not be aider and complotter with Weston in this poysoning first I made a free and voluntary discovery of it my self I was not compelled will any man imagine I would discover a thing wherein I am not able to clear my self Nature is more kinde then to be its own accuser Besides that my clearness might more appear and remain in the world without any suspition I proceeded and accused the murtherer Weston It had been a senselesse thing in me if I had not thought my self clear to have accused him who might have done as much for me Nay Weston himself proved me to be an honest man before the Chancellour of the Exchequer for he confessed to him and others being present that he thought the Lieutenant knew not of the poyson and in his Examination before the Lord Chief Justice and Serjeant Crew being asked the meaning of those words Shall I give it him now he answered That he thought that those which had set him on work had acquainted the Lieutenant with their plot And also I was so confident in mine own innocency that I told my Lord Chief Justice and my Lord Zouch that the way to make Weston confess and to discover all was by fair and gentle intreaty of him and so by this means they might search to the very bottome of his heart in this the Lord Chief Justice witnessed with him And after Sir Thomas was dead Weston and Mrs. Turner were sent to me to know whether I had any inkling of the death of Sir Thomas what need they have made this question if I had known any thing thereof Also that which I do know concerning the poysoning of Sir Thomas was after his death by the relation of Weston and I am here indicted as accessary before the fact when I knew nothing till after the fact After that he had confirmed these reasons by sundry-proofs and witnesses he went further in his own defence If I be in the plot my Lord Treasurer is I have his Letter to shew in it he called me to his lodging and said The plots you know them as well as I. The plots were onely to repair her honor my wife hath the Letters from the Lord Treasurer and Munson for these plots I will run willingly to my death if circumstances be knit with any manner of fact He proceeded further and told the Lord Chief Justice that he spake not this to justifie himself so that no blemish or stain might cleave unto him for said he this visitation is sent me from God and whether I live or dye it is the happiest affliction to my soul that I ever received I have laid open my whole heart from blood guiltiness I have not repented me other then for errors of my judgement in not detecting what I suspected and yet I ask God forgiveness for less sins but of this I know no other then the gross error of my judgement in not preventing it when I saw such intendment and imagination against him Then he put my Lord Chief Justice this question If one that knoweth not of any plot to poyson a man but onely suspecteth is no actor or contriver himself onely imagineth such a thing whether such a one be accessary to the Murther for the words of the Indictment are abetting and comforting with malice Now if there be any man that charges me expresly or in direct tearms that I was an abetter or if the Court shall think fit in this case that I have put that such a concealing without malice in an abetting I refuse not to dye I am guilty this was the summe of his speech Then the Lord Chief Justice replyed That to his knowledge he spake no more concerning the evidence then he could in conscience justifie which was onely to explain the evidence and not wresting any thing in prejudice of his life But further he told him that two dayes before Sir Thomas dyed you wished his man to bring in his best Sute of hangings to hang his Chamber which you knew were your Fees after he told him that his accusation of the Lord Treasurer was very malicious for in all the Examinations he had taken in all the exact search he could make for the finding out of the truth he saw not that honourable Gentleman any way touched In conclusion he told him It is not your deep protestations and your appealing to God and his Throne that can sway a Jury from their evidence which is not answered unto But to leave you without excuse and to make the matter as clear as may be here is the Confession of Franklin which he then drew out of his bosome saying This poor man not knowing Sr Iervis should come to his Triall this morning he came unto me at five of the clock and told me that he was much troubled in his conscience and could not rest all night untill he made his Confession and it is such an one these were his words as the eye of England never saw nor the ear of Christendome ever heard The Confession of James Franklin 16. Novem. 1615. MIstress Turner came to me
pocket some pieces of gold or silver and said Here take this spend it which he with bitter tears thankfully accepted Doctor Felton and Doctor Whiting strained courtesie which of them should begin a publike Prayer for this parties condition one of them willed the other but at last Doctor VVhiting said If you Sir Iervas can perform it your self you of all men are fittest to do it with efficacy both of soul and spirit whereupon he said I shall do my best then but my hearers I crave your charitable constructions if with half words and imperfect speeches I chatter like a Crane His Prayer O Eternall Omnipotent and Omniscient God the Creator of Heaven and Earth and of me a most miserable and horrible wretch by reason of my unmeasurable sinnes and transgressions whereof I am wholly guilty take pitty of me that have so many ponderous sinnes that without thy speciall favour and mercy they will be ready to press me into perpetuall destruction thy full and free pardon in Iesus Christ I humbly crave with this assurance that immediately my soule shall be translated hence into those inestimable joyes which the heart of man is unable to conceive the tongue to utter the eare to hear Then Lord hear the petition of me a most miserable wretch according to thy promise made unto the repentant sinner my sinnes yet unknown and unrepented of which are my secret sinnes Lord call not to accompt disburthen me O Lord of my unknown sins I desire to give a true sigh for them all my sins of youth and riper years O Lord pardon thou O Lord knowest how many they are let the misty clouds of all my sinnes whatsoever be scattered by the bright beams of thy merits Be merciful to me in Christ Iesus that these weak poor prayers may be available in thy sight this comfort yet I have that I am thine for were I not thine then out of the roots of me could not the buds of repentance appear by which I know thou lovest me it is not I but thou O Lord hast drawn me to thee for thine own mercies sake In which thy mercies and thy promises made to the true repentant sinner once again I rely for if thou killest me by this or any other ignominious death yet will I trust in thee I crave thy assistance Protect my soul from that great Adversary of mine I mean Satan who with pale death and the infirmities of flesh do band their balls together then especially at the last gasp in which great conflict Lord strengthen me that they may not overcome but be overcome Amen This Prayer being ended he asked if he might not pray privately The Doctors answered Yea then made he a short Prayer to himself with his face covered and after he uncovered it and said Now I have prayed now must J pay J mean do the last office to Justice with that Doctor VVhiting said Sir Iervas you may stand one step lower upon the Ladder to whom the Sheriff answered Jt is better for him Mr. Doctor to be where he is Stay quoth the Doctor to the Executioner for he hath given a watch-word he is in private prayer again Yea quoth he for he hath given me a watch-word when J shall perform my office to him He uncovered his face after his second short prayer And first took his leave of all the assembly saying with a cheerfull voyce and countenance J pray you pray for me who shall never more behold your faces then he said with great fervency of spirit Lord I desire at thy hands this bitter Cup of death as the Patient receives a bitter Potion not once demanding what is in the Cup but takes and drinks it off be it never so bitter As soon as he had then said audibly Lord Iesus receive my soule which belike was the Executioners watch-word he turn'd him off the Ladder and the Executioners man catching at one of his feet and his own man by the other they suddenly weighed his life where hanging a small distance of time his body not once stirred onely his hands moved a little being tyed with a black silk Ribbon which a little before he had reached to the Executioner putting up his hands to him for that purpose all which being ended both Corps high Gibbet were from thence conveyed The Proceedings against Iames Franckling at his Arraignment at the Kings Bench the 27. of November An. Dom. 1615. AFter he had put himself for his Tryal upon the Country a Jury of Esquires and Gentlemen were impannilled to pass upon his life there then Westons Indictment was read and Francklin accused as accessary to the poysoning of Sir Thomas Overbury and then his Examination formerly taken in these words Iames Francklins Confession HE confesseth That in a house near Doctors Commons Mistriss Turner did first come unto him about the poysoning of Sir Thomas Overbury and prayed him to provide that which should not kill a man presently but lie in his body a certain time wherewith he might languish away by little and little at the same time she gave him four Angels wherewith he bought a water called Aqua fortis and sent it to Mistriss Turner who to try the operation thereof gave it to a Cat wherewith the Cat languished crying pitifully for two days and so dyed Afterwards Mistriss Turner sent for Francklin to come to the Countess who told him that Aqua fortis was too violent a Water But what think you quoth she of White Arsnick He told her that was too violent What say you quoth she to Powder of Diamonds He answered I know not the Nature of that She said then he was a Fool and gave him pieces of Gold and bid him buy some of that Powder for her Francklin demanded of the Countess what was her Reason to poyson Sir Tho. Overbury she told him He would pry so far into their estate that he would overthrow them all A little before Sir Tho. Overburies death the Countess sent for Francklin and shewed him a Letter sent from the Lord of Rochester wherein he read these words I marvel at these delays that the business is not yet dispatched whereby Francklin thinketh in his Conscience was meant the poysoning of Sir Thomas Overbury And in another Letter from the Lord of Rochester was written That Sir Thomas was to come out of the Tower within two days and they all should be undone whereupon the Countess sent for Weston and was very angry with him that he had not dispatched Sir Thomas Overbury Weston told her that he had given him a thing that would have killed ten men Also a fortnight after Westons Apprehension this Countess sent for Francklin into S. Iames's Park where he the Earl and the Countess walking together and as soon as he came the Earl went apart into a Chamber then she told him Weston hath been sent for by a Pursevant and hath confessed all and we shall be hanged but on your life quoth she do not you
confess that you brought any Poyson to me or to Mris Turner for if you do you shall be hanged for I will not hang for you nor saith Mris Turner will I hang for you both The Countess told him The Lord who was to examine him would promise him a pardon to confess but beleeve them not for they will hang thee when all is done Weston came to Francklins House and told Now the Countess turn is served she uses him unkindly and they should both be poysoned and that two were set on purpose to poyson him Francklin having confessed his former Examination under his own hand being permitted to speak for himself said That at the intreaty of the Countess and Mistriss Turner he did buy the Poysons but protested his Ignorance what they meant to do with them and for the rest he referred to the Conscience of the Jury who went from the Bar and within a quarter of an hour did return and pronounce him guilty Then Judg Crook after a brief Exhortation gave the sentence of death upon him The Lord Chief Justice made a short Exhortation also with addition of these words that knowing as much as he knew if this had not been found out neither Court City nor any particular Families had escaped the malice of this wicked cruelty The Proceedings against Sir Tho. Monson at the Guild-hall London Decemb. 4. 1615. WHen he came to the Bar he made a Motion to the Lord Chief Iustice That whereas he had written to his Lordship to ask the Lord Treasurer two Questions which my Lord would do He desired then an Answer and that Sir Robert Cotton might be present the Question read he was indicted for Conspiracy with Weston for poysoning Sir Tho. Overbury to which he pleaded not guilty He would be tryed by God and his Country The Lord Chief Iustice broke up the Proceedings and made a Speech to this effect That he saw a great Assembly though it had been shewed them often that the City was much bound to God and his Deputy here on Earth the King his Master for their great deliverance and exact Iustice for God was always good and just and for the King though they were never so high in place nor so dear to him though his own Creatures yet his Justice is dearer to him for which we are upon our knees to give him hearty thanks as also for so milde Proceedings in so great an Affair For neither the great mans House in the Tower nor this Poysoners House to my knowledg hath been searched neither hath this Prisoner been committed to the Sheriff but to an Alderman a man who of all others might be most kind to him whereas I take it lest I should be mistaken Sir Francis Anderson married Sir Stephen Somes daughter and Sir Thomas Monson married Sir Francis Andersons Sister I never knew the like favour nor do I like it so well but do declare it as a gentle Proceeding from the King For other things I do not discover secrets but though there were no House searched yet such Letters were produced which makes our deliverance as great as any that happened to the Children of Israel For VVeston and Mistriss Turner dyed penitently as it is worthy to be written in letters of Gold and for the Lievtenant though with great Imprecations and with high hand he denyed it yet to the great Glory of the Kings Justice he dyed most penitently and resolutely This is spoken to the great Praise of God that hath crowned these just Proceedings Iustitia confirmata non est Authoritate though not having Reason for it wherein we may see the great Hand of God For that morning the Lievtenant was Arraigned came to me as one afflicted in Conscience not knowing of his Arraignment one with Evidence against him which he delivered to the Iury one of them heard him say the Lord have mercy upon me and for this present non est constantia longa de vita hominis therefore he must be conveyed to the Tower as a safer place till further order be taken Then he addressed his Speech to Sir Thomas Monson saying Whereas you name my Lord Treasurer every mans fame is dear unto him and he hath been dear and Honorable you shall hear what he hath answered to my Letter After my hearty Commendations I hear that Sir Thomas Monson that I can clear him but I hear nothing of him to accuse him but I hope he is not guilty of so great a crime You hear quoth he that he will neither accuse nor excuse you Monson I do not accuse the Lord Treasurer nor calumniate him for I know he is very Honorable but I desire to have Answer to my two Questions Lord chief Iustice. You shall hear more of that when time shall serve do you as a Christian and as Ioshuah bid Acan My son acknowledg thy sin and give glory to God Monson If I be guilty I renounce the Kings mercy and Gods I am Innocent Lo. Ch. Iustice There is more against you then you know of Monson If I be guilty it is of that I know not Lo. Ch. Iust. You are Popish that Pulpit was the Pulpit wherein Garnet denyed and the Lievtenant as friendly I am not superstitious but we will have another Pulpit Iust. Doddridge It is an Atheists words to renounce Gods Mercy but you must think the change of your Lodging means somewhat Hide I have looked into this business and I protest my Lord he is as guilty as the guiltiest man Monson There was never man more innocent in this cause I will live and dye an Innocent After this Speech certain Yeomen of his Majesties Guard attending for that purpose conducted him to the Tower where between the Yeomen and the Warders there was some Contention about his Entertainment A Relation of the Arraignment of the Lord and Lady of Somerset on Friday May 24. 1616. The Names of the Peers THe Earl of Worcester L. P. Seal The Earl of Pembrook L. Chamberlain The Earl of Rutland The Earl of Sussex The Earl of Mountgomery The Earl of Hartford The Viscount Lifle The Lord Zouch Warden of the Cinque Ports The Lord Willoughby of Frisby The Lord de Laware The Lord Dacres The Lord Mountegle The Lord Wentworth The Lord Rich. The Lord Willoughby of Parham The Lord Hunsdon The Lord Russel The Lord Compton The Lord Norris The Lord Gerard The Lord Cavendish The Lord Dormer The Lord Elsmore Lord Chaniels and Lord Steward hac vice His Assistants there present in the Commission Sir Edward Cook Lord Chief Justice of England Sir Hen. Hobart L. Chief Justice of the Com. Banc. Sir Law Tanfield Ch. Baron Judg Crook Banco Rege Judg Nichol Com. Banc. Sir Fran. Bacon Attor. General These three only spake Sergeant Mountague These three only spake Sergeant Crew These three only spake Sir Hen. Yelverton Solic Rege Sir Fran. More Servien Rege Sir Lawr. Hide attor. Reginae Mosley Attornat Ducat. Sir Io. Davis Servien Rege
Fanshaw How wilt thou be tryed By God and the Country but presently recalling himself said By God and my Peers O Yes all you that be to give in Evidence against Robert Earl of Somerset who stands now at the Bar upon his deliverance make your appearance and you shall be heard what you have to say against him My Lord of Somerset upon his Arraignment having pleaded not guilty the Proceeding after was thus Robert Earl of Somerset you have been Arraigned and pleaded not guilty now whatsoever you have to say in defence of your self say it boldly without fear and though it be not the ordinary custom you shall have Pen and Ink to help your memory but remember that God is the God of Truth a fault defended is a double Crime Hide not the verity nor affirm not an untruth for to deny that which is true increaseth the offence Take heed left your wilfulness cause the Gates of Mercy to be shut upon you Now for you my Lords the Peers you are to give diligent attention to that which shall be said and you must not rest alone upon one peece of Evidence but ground your Judgment upon the whole This moreover I would have you remember that though you be not sworn as common Juries upon a Book yet you are fled in as great a Bond your own Honors and Fidelity and your Allegiance to the King and thus I leave the whole Proceedings to your Censure and for you that be of the Kings Councel free your discourse from all partiality and let Truth prevail and endeavor to make it appear Sergeant Mountague My Lord High Steward and you my Lords I know this cannot be but a heavy spectacle unto you to see that man that not long since in a great place with a white Staff went before the King should now at this Bar hold up his hand for blood But this is the change of Fortune nay I might better say the Hand of God and Work of Justice which is the Kings Honor But now to the Fact Robert Earl of Somerset stands indicted as accessary before the Fact of the wilful Murther and poysoning of Sir Tho. Overbury done by Weston but procured by him This my Lords is your Charge the Indictment hath been found by men of good quality or Knights and Esquires of the best rank and reputation some of whose names I will be bold to read unto you Sir Thomas Fowler Sir Will. Slingsby and five more these have returned Billae Vera. VVeston at four several times gave Overbury four several Poysons the first May 9. 1613. that Rosaker carrying this Poyson in one hand and the Broth in the other hand the second was in Iune following and that was Arsnick the third was in Iuly 10 then following and that was Mercury Sublimate the fourth was on the 14 of September and that was Mercury Sublimate in a Glister given by VVeston and an Apothecary yet unknown and that killed him Of these four several Poysons ministred by Weston and procured by him the 15. of Sept. 1613. Overbury dyed and the Author is ever worse then the Act The first Poyson laid in the Indictment that Weston gave Sir Tho. Overbury was the 9. of May and therefore we say the Lord of Somerset May 8. hired counselled and abetted Weston to that Fact And as this my Lord I do charge you for a King so King David was charged in the like case for the murther of Uriah and though David was under his Pavilion and Uriah in the Army yet David was the cause of his murther So you were in the Kings Chamber and Overbury in the Tower yet you were the Cause and it is you that killed him It was a stronger hand then Westons that wrought this the proof Mr Attorney will follow And now will I conclude with desires to the Peers that they will not expect visible Proofs in a work of darkness The second That whereas in an Indictment there may be things laid only for form you are not to look that the Proof should follow that but only that which is substantial and the substance only must be this Whether my Lord of Somerset procured or caused the poysoning of Sir Thomas Overbury or not Lord Steward That indeed my Lord is that which you are to look after whether my Lord Somerset was the Cause of his poysoning or not Cook This was well moved by Mr Recorder and the Law is clear in this point that the proof must follow the substance not the form The Judges all rising affirmed this to be true This my Lord is certain the Law gives form in Indictments but only substance in Proofs I know my Lord High Steward and you the Lords the Peers that you cannot behold this Lord at the Bar without the remembrance of his former greatness yet a Peer amongst you and therefore I know you will be very tender in the cutting of him off from your number without good Evidence We my Lords that be to speak against him have received an admonition from the King to use no Invectives but give in pertinent Evidence I think we should have done so howsoever but yet we cannot but be glad of so good a Warrant we will therefore carry the Proof upright against all Evasion the Evidence will bear it self That which I am now to speak I will divide into four Parts The first shall be of the greatness of the Crime not to weigh or press you down my Lord but to shew that the King was bound by his Oath to bring this Cause to Judgment though you had been the Signet of his right Hand The second shall be what Proof I hold to be competent in this Case Thirdly I will state and sum up the Proof And fourthly I will produce Oaths or Writings confessed First Of all kind of Felonies this is the greatest and that I will urge thus First It is Murther the first Record we ever read of in the Bible was a sentence upon Murther and though Cain was not punished with death in respect of the Primogenite or some other secret Causes which God reserved to himself yet he was sentenced Although Ioabs sentence for the Murther of Abner was respited yet it was not forgotten no Sanctuary could relieve him he was taken from the Horns of the Altar In the second Table the first forbidding Commandment is Thou shalt not Murther And some other most learned Rabbins that referred that Commandment where the Obedience of Parents is expressed to the first Table so then this is the first of the second My second Aggravation is that this Murther is by Poyson Poyson is a forraign practice fit for Rome and her Doctrine It hath these three Attributes First It is fierce it takes a man suddenly in Gods Peace and the Kings when he thinks least of it Secondly It is easily done and once conceived hardly prevented or discovered Princes have their Guards about them to withstand any force or violence and Gentlemen their
the Tragedy When he was there and close Prisoner none of his Friends might come to him neither Father nor Kindred nor his Servants nor none but his Poysoner Now Franklin was sent for he must buy Poysons not such as would quickly kill him but by degrees to avoyd all suspicion And then there was nothing came to him Salt Sauces Tarts Medicines Glysters that were not poysoned All the Petitionary means that were either made by him or his Friends for his Liberty were stopped though entertained by you my Lord of Somerset You used him as Fortune-Tellers do poor people in the Country hold them in a Tale while they steal away their purse Now my Lord of Somerset for the distributing of it into parts and applying the evidence to make you guilty we will Prove it by matter precedent present and subsequent First There was a mortal hatred on your part against Sir Tho. Overbury Secondly You used the means to expose him to the Tower and there to keep him close Prisoner After these two I will follow the Proofs my self Now for matter present That your hand was in poysoning Overbury directed delivered Poysons thirsted after the news The prosecution of this I leave to speak of After his death you took the course that every guilty man would do in such a case suppressing Testimony Letters and going about to get a pardon Now for a hate of Sir Tho. Overbury together with a fear of his revealing of secrets You made a vow that he should neither live in Court or Country that if he came out of the Tower one of you two must dye Now of Overburies part he writes to you That if he dye your shame shall never dye prays God you repent not the neglect of him in that place from whence he writes to you Now by way of exclusion you cannot alledg That this your hatred to him and plotting his Commitment was in respect to your Wife why then did you not suffer him to go beyond Sea No the bargain was made the poysons were ready there were some secrets together with your malice towards him was so great that there was no safe course for you in your opinion but this death And for the producing of my proofs I will use this course Those Examinations that have been taken upon Oath shall be here read the witnesses also I have caused to be here that they may be sworn and to justifie or deny what they hear read and to diminish or add to their Examinations And beside that you my Lord of Somerset and you my Lords the Peers may ask them what further questions you please Tho. Payton Sir Thomas his Servant He saw a Letter of his Masters whose hand he knew to be my Lord of Somersets wherein were these words If I dye my blood lie upon you And in that or another Letter there was this clause You are now as good as your word you have kept your vow to me Moreover that in the privy gallery in Whitehall my Lord of Somerset coming late to his Chamber met there with Sir Tho. Overbury How now says my Lord are you up yet Nay answered Sir Thomas Overbury what makes you here at this time of the night Will you never leave the company of the base Woman and seeing you do so neglect mine advise I desire that to morrow morning we may part and that you will let me have that portion you know is due to me And then I will leave you free to your self to stand upon your own legs My Lord answered His legs were strong enough to bear himself and so departed in great displeasure and to his knowledg they were never perfectly reconciled again And being asked how he heard this discourse He said it was in the dead of the night and he being in a room within the Gallery heard all that passed Henry Payton I acknowledge every part of this Examination to be true and more That my Master being in the Tower he sent a Letter by Weston to me to carry to my Lord and more to deliver my Lord this message That the powder he had sent him made him very sick and gave him in one night sixty stools beside vomits This Letter I carryed to the Court and delivered to Mr Rawlin to carry in to my Lord who was then in his Chamber My Lord presently came out and asked me how my Master did I told him very sick and withall this message and how the Physick had wrought with him My Lord smiled and said Pish and so turned him away Lawrence Davis Sir Thomas Overburies Servant Saith That he hath heard his Master say that he would have gone Embassador but that my Lord of Rochester disswaded him He hath seen some Letters of Sir Thomas Overburies wherein he wrote My Lord of Rochester was even with him but he thinks he never saw those passages Somerset I pray you my Lords note He says I never saw the passages Attorney It is true those Letters were lost but easier found by him who knew his Master Sir Tho. Overburies hand Sir Thomas Overburies Letter Is this the fruit of my care and love to you Be these the fruits of common secrets common dangers As a man you cannot suffer me to lie in this misery yet your behavior betrays you All that I entreat of you is that you would free me from this place and that we part friends Drive me not into extremities lest I say something that you and I may both repent and I pray God you repent not the emission of this my counsel in this place from whence I now write this Letter Wentworth How did you know these Letters were sent from him to my Lord of Somerset Attorney It is true that those letters were lost but after found by him who knew his Master Sir Tho. Overburies hand Cook They were found in a Cabinet amongst some other things left in Trust by my Lord of Somerset with Sir Robert Cotton who fearing searches delivers them to a Friend of his in Holborn one Mistriss Farnforth she to the intent they might be safely kept sent them to a Merchants House in Cheapside where some seven Moneths before she had lodged and desires they might be safely kept for her pretending they were some Writings which concern her Ioyature On Saint Thomas day she her self comes to have them again saying she must carry them to her Councel to peruse If you will suffer me to open it before you says the Merchant and that there be nothing else you shall have them But she by no means would consent to the breaking of it open Then he answered It is a troublesom time I will go to the Lord Chief Iustice and if he finde no other Writings but such as concern you you shal have them again So coming to my Chamber and not finding me within for I was gone to Pauls to the Sermon He went to my Lord Zouch one of the appointed Commissioners for this Cause who he himself would not break it open but came to Pauls to me and in a by-room brake it open and found in it many Letters which were disadvantagious to my Lord of Somerset These matters being made evident need no further to be amplified For my Lord As it is a principle in Nature That the best things are in their corruption the worst And the sweetest wine makes the sharpest Vineger So fell it out with my Lord of Somerset and Sir Thomas Overbury that this access as I may call it of Friendship ended in mortal hatred on my Lord of Somersets part The Indictment being found my Lord High Steward confirmed with the Opinion of the other Judges did pronounce the Sentence of Death upon my Lord of Somerset and so the Court dissolved FINIS