Payton VVilliams one of these Examinations gave in evidence that one Franklyn being an Apopothecary and Drugster was the provider of all the poysons given to Sir Tho. Overbury A Chyrurgeon there deposed that he cured Franklyn of the Pox and that at several times he demanded of his Chyrurgion what was the strongest poyson The Chyrurgeon demanded what he would do with it Franklyn replyes Nothing but for his experience and to try conclusions Another Examination of one Merser who had conference with the said Franklyn calling him Cousen who demanded of the examinant What news he answered Ill newes I am sorry that my old Lord and Masters son is found insufficient and not able to content the Lady Franklyn replyes I have a hand in that business I have a great friend of my Lady Essex she allows me 2. s. 6. d. a day for my Boat-hire and 10. s. a week for my dyet I could have any money if I would Merser replyes but Cousin how can God bless you in this business Franklyn answered Let them talk of God that have to do with him my Lord of Somerset and the Countess will bear me out in any thing I do if you have any suit wherein you may do your self any good and I may gain by it I will warrant you I will get it Francis deposeth that Franklyn married his sister and that he thinketh in his conscience she was poysoned upon some discontentment he heard him say he would not be hanged for never a whore or quean of them all The Lord Chief Justice made a speech upon divers examinations there read that the Earl of Somerset gave directions that of the powder he sent to Sir Thomas Overbury that which should be left should be brought back again his pretext was that it should make him sick which should be the ground to make the King grant his liberty saying further it would do him good and he had Tarts and Jellies sent him likewise by the Countess with express commandment that none must eate of them but Sir Tho. Overb. saying they would do him no harm At another time the Countess sent Tarts Jellies and VVine with directions that those which had been formerly sent should be brought back again and those last brought should be given him at supper and then all should be well but directions given that neithe Lieutanant nor his wife might eate of them but they might drink of the wine for in the Tarts and Jellies there might be letters but in the wine none and afterwards it was openly related and proved by divers examinations that those words Letters were private tokens between the Countess and the Lieutenant and Weston to give notice what things were poysoned and what not In the Examination that was of VVeston it was related that Mr. Iames told him that the Earl his Master would pay him for his pains taken with Sir Tho. Overb. Then the Lord Chief Justice gave in charge to the Jury concerning the evidence they had formerly told them and heard that VVeston at his Examination confessed all he had said formerly was true He further related what a great vexation and grief it was to the King that Somerset onely by making use of his favours and love so foul a fact was done as first to be the occasion to put Sir Tho. Overb. to imployments for the Embassage of Russia 2. To make him refuse them and to give right cause for his commitment 3. To bear him in hand that he would work his liberty but still aggravated and laboured the contrary and gave directions to the Lieutenant to look surely to him and to keep him close prisoner and that he should send to none of his friends or they to him urging great matters against him Sir Tho. Monson was often employed to give directions to the Lieutenant therein a most barbarous course to be so dealt withall onely for a contempt concluding that Sir Tho. Overb. was a close prisoner to all his friends but open to all his enemies such as Somerset would have or send to him The Lord Chief Justice told Mrs. Turner she had the seven deadly sins viz. a Whore a Bawd a Sorcerer a Murtherer a Witch a Papist a Felone the daughter of the Devil Forman wishing her to repent and to become the servant of Jesus Christ and to pray him to cast out those seven Devils She desires the Lord Chief to be good to her saying she was ever brought up with the Countess of Somerset and had been of a long time her servant and knew not there was poyson in any of those things sent to Sir Tho. Overb. then the Jury went forth and not long after returned finding her guilty who being asked what she could say for her self why judgement should not be pronounced against her she onely desired favour but could not speak any thing for weeping Then Judge Crook made another grave Speech exhorting her to repentance and to prepare her self ready for death and that the little time which should be assigned her to live she should not spend it either in labour or imagination to get her life for that hope was but a VVitch upon conclusion of which Speech he gave Judgement and told her she had a very honorable Tryall by such men as he had not seen in his time for one of her rank and quality and so was delivered to the Sheriff Upon the wednesday following she was brought from the Sheriffs in a Coach to Newgate and was there put into a Cart and casting money often amongst the people as she went she was carried to Tyborn where she was executed and whither many men and women of fashion came in Coaches to see her dye to whom she made a speech desiring them not to rejoyce at her fall but to take example by her she exhorted them to serve God and abandon ill company and all other sins relating her breeding with the Countess of Somerset having had no other means to maintain her self and her children but what came from the Countess And said further that when her hand was once in this business she knew the revealing of it would be her overthrow by which with other like speeches and great penitence there shewed she moved the Spectators to great pitty and grief for her The proceedings against Sir Iervas Elvis Knight Lieutenant of the Tower at his Arraignment at Guild-Hall the 16. of Novemb. 1615. THe form of the Indictment was the malicious aiding comforting and abetting of VVeston in the poysoning and murthering of Sir Tho. Overb. whereupon it was laid against him as followeth First when VVeston received the Viall of poyson of two inches long to give Sir Tho. he having the Glass in the one hand and the broth for Sir Tho. in the other meeting the Lieutenant asking him this Sir shall I give it him now The Lieutenant reproved him yet that night he gave it him in his broth Ergo the Lieutenant knew of the practise and poysoning of Sir
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
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
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
further then to open a way of lawful relief to any persons who shall chance to be distressed in that sort And for the Legal Doubts they concerne none of your calling for if your conscience be resolved in point of Divinity that is your part to give your consent to Nullity and let the Lawyers take the burden of making it so formal And as for the Trienial probation I hope no man can be so blinde as to make a doubt whether it be taken before or after the suit began And in conclusion of divine solution of this question proved clearly that this resolution of this doubt howsoever it was in blindnesse as you think that is now proved in the greatest time of light and purity of the profession of the Gospel And for your extract upon the late Divines opinions upon this question I cannot guesse what your intent was in sending them to me for they all agree in tearms of my opinion but there is such a thing as Maleficium maleficiale versus hanc And your very enterlude passage proves the clearest and for that advice concerning the Remedies that is consilium non decretum not imposing a necessity but is to be used by discretion as occasion shall serve or require it To conclude then if this may satisfie your doubts I will end with our Saviours words to St Peter Cum conversus fueris confirma sratres tuos for on my conscience all the doubts that I have seen are nothing but Nodos in scirpo quaerere The Midwives appointed to make inspection upon the Ladies body gave in that the Lady of Essex is a woman apt to have copulation to bring forth children and that the said Lady is a Virgin and uncorrupted Three Ladies affirme that they believe the same for that they were present when the Midwives made their inspection and did see them give good reasons for it There is a sentence of Divorce given for the Nullity of the Marriage and both parties married againe The Commissioners that gave the Sentence Bishops Winchester Bishops Ely Bishops Coventry and Liechfield Bishops Rochester Doctors Sr Iulius Caesar Doctors Sr Thomas Parry Doctors Sr Daniel Dunne Commissioners dissenting Bishops Arch. B. of Canterbury Bishops Bishop of London Doctors Sr Iohn Bennet Doctors Fran. Iames Doctors Tho. Edwards The proceedings against Richard Weston at his Arraingment at Guild-hall Novem. 19. 1615. before the Lord Maior the Lord Chief Iustice of England and three other Iustices of the Kings Bench Crook Dodrige and Hanton and Serjeant Crew another of the Commissioners THE Court being set the Kings special Commission being read the Lord Chiefe Justice gave the Charge the effect whereof was First to expresse the Kings pious inclination and command unto just proceedings against all such as should be any way proved to be guilty of the murthering and poysoning of Sr Tho. Overbury his Majesties prisoner in the Tower Secondly to aggravate the manner and quality of the murther in shewing the basenesse of poysoning above all other kinds of murther declaring the vengeance of God and his justice in punishing the offenders he alleadged Gen. 9.6 Quicunque effunderit humanum sanguinem effundetur sanguis illius ad Imaginem quippe factus esthomo He also took the example of Vrias by David he therein observed how adultery is most often the begetter of that sin Then he declared that of all Felonies murther is the most horrible of all murthers poysoning the most detestable and of all poysoning the lingering poysoning He shewed how by an Act of Parliament 22. H. 8 9. it was made Treason and that wilful poysoners should be boyled to death rehearsing the example of one Richard Rouse that had poysoned a man and woman and was therefore scalded to death Then he laid open to the Jury the basenesse and cowardliness of poysoners who attempt it secretly against which there is no means of preservation or defence for a mans life and how rare it was to heare of poysoning in England so detestable to our Nation but that since the Devil hath taught divers to be so cunning in it so that they can poyson in what distance of place they please by consuming the Nativum calidum or humidum radicale in one month two or three or more as they list which they foure manner of wayes do execute 1 Gustu 2 Haustu 3 Odore 4 Contactu He finisheth his charge with serious exhortations to the Jury to do justice in presenting the truth notwithstanding the greatnesse of any that upon their evidence should appeare to be guilty of the same offence comforting both Judge and Jury with the Scripture Psal. 5.8 fin For thou Lord wilt blesse the righteous with favour wilt thou comfort them as with a shield The charge being ended the Jury consisting of fourteen persons did for the space of an houre depart from the Court into a private room where they received their evidence from Mr. Fanshaw his Majesties Coroner and his Highnesse Councel prepared and instructed for that purpose with the examinations and confessions as well of the Prisoner himselfe as of divers witnesses before that time taken by the Lord Chiefe Justice of England and others of the Lords of his Majesties Councel In the mean time Mr. William Goare Sheriffe of London was commanded to fetch his Prisoner remaining in his house to be ready in Court for his Arraignment So a certaine space after the Grand Jury returned to the Bar and delivered in their Bill of Indictment signed Billa vera whereupon the Prisoner was set up to the Bar and the Indictment read by Mr. Fanshaw which contained in effect That Richard Weston being about the age of sixty yeares not having the feare of God before his eyes but instigated by the Devil devised and contrived not only to bring upon the body of Sir Tho. Overb. great sicknesse and diseases but also deprive him of his life and to bring the same to passe the ninth of May 1613. and in the eleventh yeare of his Majesties Reigne at the Tower of London in the Parish of Alhallows Barking did obtaine and get into his hands certaine poyson of green and yellow colour called Rosacar knowing the same to be deadly poyson and the same did maliciously and feloniously compound and mingle with a kinde of Broth powred into a certaine dish and the same Broth so infected did give and deliver to the said Sr Th. Overb. as good and wholsome Broth to the intent to kill and poyson the said Sr Tho. Overb. which Broath he took and did eat Also the said Weston upon the first of Iuly an. 11 Reigne aforesaid did in like manner get another poyson or poysonous powder called White-arsnick and knowing the same to be deadly poyson did give unto the said Sr Tho. Overb. as good and wholesome to eat who in like manner took and eat the same Also that Weston upon the said nineteenth of Iuly following did get another poyson called Mercury sublimate knowing the
same to be mortal poyson and put and mingled the same in Tarts and Jellies and gave the same to the said Sr Tho. Overb. as good and wholesome to eat which he in like manner took and did eat Also the said Weston and another man unknown being an Apothecary afterwards upon the fourteenth of Decem. felloniously did get a poyson called Mercury sublimate knowing the same to be deadly poyson and â—ut the same into a Glister and the said Glister the said Apothecary for the reward of 20 li. promised unto him did put and administer as good and wholesome into the guts of the said Sr Thomas that Weston was present and aiding to the said Apothecary in ministring infusing the said Glister and immediately after Sr Th. did languish and fell into diseases distempers and from the aforesaid times of taking and eating the said poysoned meats and ministring the said Glister he dyed And so the Jury gave their verdict that Weston in this manner had killed poysoned and murthered the said Sr Tho. Overbury against the Kings peace and dignity Which Indictment being read he was demanded if he were guilty of the Fellony murthering and poysoning as aforesaid yea or no To which he answered doubling his speech Lord have mercy upon me Lord have mercy upon me But being again demanded he answered Not guilty and being then demanded how he would be tryed he answered He referred himself to God and would be tryed by God refusing to put himselfe and his cause on the Jury or Country according to the Law and Custome Hereupon the Lord Chiefe Justice and all other in their order spent the space of an houre in perswading him to put himselfe upon the trial of the Law declaring unto him the danger and mischiefe he runnes into by resisting his ordinary course of triall being the means ordained by God for his deliverance if he were innocent and how by this means he should make himselfe the authour of his owne death even as if he should with a knife or dagger kill or stab himselfe exhorting him very earnestly either with repentance to confesse his fault or else with humility and duty to submit himselfe to his ordinary trial whereupon he stubbornly answered Welcome by the grace of God and he referred himself to God and so no perswasions would prevail The Lord Chiefe Justice plainly delivered his opinion that he was perswaded that Weston had been dealt withall by some great ones guilty of the same fact as accessary to stand mute whereby they might escape their punishment and therefore he commanded for satisfaction of the world that the Queens Attorney there present should declare and set forth the whole evidence without any fear or partiality and yet notwithstanding he once more used much perswasion to the Prisoner to consider what destruction he had brought upon himself by his contempt and declared unto him his offence of contempt was in refusing his triall and how the Laws of the Land had provided a sharp and more severe punishment to such offenders then unto those that were guilty of high Treason and so repeated the form of the Judgement given against such the extremity and rigor whereof was expressed in these words Onore frigore fame For the first that he was to receive his punishment by the Law to be extended and then to have weights laid upon him no more then he was able to bear which were by little and little to be increased For the second that he was to be exposed in an open place near to the prison in the open aire being naked And lastly that he was to be served with the coursest bread to be gotten and water out of the next sink or puddle to the place of Execution and that day he had water he should have no bread and that day he had bread he should have no water and in this torment he was to linger as long as nature could linger out so that oftentimes they lived in the extremity eight or nine dayes adding further that as life left him so judgement should finde him and therefore he required him upon considerations of these reasons to advise himself to plead to the Country who notwithstanding absolutely refused Hereupon the Lord Chiefe Justice willed Sr Lawrence Hide the Queens Attorney and there of Counsel for the King to manifest unto the audience the guiltinesse of the said Weston by his owne confession signed with his owne hand and if in the declaration thereof they met with any great persons whatsoever as certainly there was great ones confederates in that fact he should boldly and faithfully open whatsoever was necessary and he could prove against them whereupon Mr Attorney began his accusation First he charged the Countesse of Somerset and and the Earle to be principal movers of this unhappy conclusion Mrs. Turner to be of the confederacie and the pay-mistresse of the Poysoners rewards in which I could not but observe the Attornies boldnesse in tearming the Countesse a dead and rottten branch which being lopt off the whole Tree meaning that noble Family would prosper the better Secondly he proceeded to the cause which he affirmed to be the malice of the Countesse and the ground of this malice he alleadged and by many inducements he evidently affirmed that Sr Tho. Over. had perswaded him from that adulterate marriage of the Countesse of Somerset then Countesse of Essex and for this he alleadged as followeth Sr Tho. Over. having divers times disswaded the Earle then Viscount Rochester from seeking by any means to procure marrying with the Countesse of Essex to which he saw the Earle too much inclined having very earnest conference with the Earle one night in private in the Gallery at White-hall concerning his intendments perceiving the Earle that time too much to desire that unlawful conjunction in the ardency of his fervent affection unto the Earle and great prescience of future misery it would inevitably bring unto him his wel-beloved Lord and friend used speeches to this effect Well my Lord if you do marry that filthy base woman you will utterly ruine your honour and your selfe you shall never do it by mine advice or consent and if you do you had best look to stand fast My Lord replyed bewitched with the love of the Countesse and moved with the words of Sir Tho. Over. for sleighting her My owne legs are streight and strong enough to bear me up but in faith I will be even with you for this and so parted from him in a great rage This conference was over-heard by some in an adjoyning room and their depositions for the truth thereof were read in Court Although this conference moved the Earle to such a suddain choler yet it seemed Sir Tho. Over. conceited it not to be otherwise then a suddain extream distemperature or passion and not a final conclusion of their bosome friendship in which the Earle seemed as reciprocal as before howsoever in his double dealing it seemed to
Tho. Overb. Et qui non propulsat injuriam cum possit eam infert Cicero After this was known to be poyson yet he kept Weston still he favoured countenanced and graced him and one time sent him a cup of Sack and bad his man tell him he loved him as well as ever he did all this while he paid him no wages and as soon as Sir Thomas Overbury dyed VVeston was removed The Countess writ a Letter to the Lieutenant with the Letter she sent poysoned Tarts to Overbury and Wine to the Lieutenants wife and bad him give the Tarts to Overbury for there were Letters in them but his wife and children might drink the Wine for she was sure there were no Letters in it The Earle of Northampton writ a Letter to the Lieutenant concerning the imprisonment of Overbury the said Earle writ three Letters to Rochester contaiing these words SWeet Lord think not I finde pain in that which gives me sweetest pleasure which is any thing which falls from your Pen Three things concur to my exceeding joy in your worthy Letters proof of your love comfort of your words and judgement in your writing you may believe the words of him that will rather dye then flatter you my heart is full of the love of you your Characters are no pain for me to peruse being as well acquainted with your hand as mine own the pain is no more then the cracking of a Nut for the sweet kernel or my Neeces pain in the silver-dropping streams of your Pen There the Lord Chief Justice left off reading for the baudiness of it then after in the Letter followed I spent two hours yesterday in prompting the Lieutenant with cautions and considerations observing with whom he is to deal that he might the better act his part for the adventure in which he dealeth Henry Northampton Another Letter to Rochester SWeet Lord I cannot deliver unto you with what caution and consideration c. and the Lieutenant looking to his business which concerns me more then Text affords that marching in his affairs I shall hold him discreet and love him better whilst I live for this his conclusion for this Negro can no more change his skin then the Leopard his spots Hen. Northampton Another Letter to Rochester SWeet Lord Overbury being viewed there was found in his arm an Issue and on his belly twelve kernels like to break to issue each as broad as three pence as big as a small button an Issue in his back with a tawny plaister on it this was strange and ugly he stank intolerably insomuch that he was cast into a Coffin with a loose sheet over him God is gracious in cutting off such ill instruments from the factious crew if he had come forth they would have made use of him Thus sweet Lord wishing you all increase of happiness and honour I end Your Lordships more then any mans Hen. Northampton The Lieutenant writ a Letter to Northampton certifying him that he undertook Sir Tho. Overbury according to his Instructions that as soon as he came to the place Sir Thomas protested his innocency upon the Bible and then quoth he he asked me what they meant to do with him I answered they mean to refine you that your pureness may appear the better after I walked with him in his Chamber and advised him to give way to the match between Rochester and the Countess but then he grew hot against your Lordship and the Countess of Suffolk saying if he were the Countess of Suffolks prisoner as he thought he was then said he let her know that I care as little to dye as she to be cruel The Countess I finde to be joyned with you in this plot though the Chamberlain knows not of it nor any one else but Rochesters part I shall most fear untill I see the event to be clearly conveyed and so he concluded his Letter The Answer of Sir Jervas Elvis to the points proposed MY Lord before I answer the matter of charge against me let me remember your Lordship of one speech I learned from your mouth I have heard you speak it at the Councel Table and at the Assizes in the Country that when a prisoner stands at the Bar for his life comfortless allowed no counsel but strong counsel against him perchance affrighted with the fear of death his wife and his children to be cast out of doors and made to seek their bread you have alwayes pitied the cause of such an one you have protested you had rather hang in hell for mercy to such an one then for judgement My Lord you have not observed your own rule in my cause you have paraphrased upon every examination you have aggravated every evidence and applied it to me so that I stand clearly condemned before I be found guilty if I were so vile a man as your Lordship conceives me I were unworthy of any favour but I hope your Lordship shall not finde it So I will deny nothing that hath evidence of truth against me I will not tell a lie to save my life and beseech your Lordship so to conceive of me move your charity towards me Then desired he the Court that the heads of the Accusations might be collected by the Councel of the King which were the same which were mentioned before to which he severally answereth To the first Shall I give him now he answered That when Weston asked him the question he saw no poyson in his hand and therefore said he in Westons and my Examinations the question was Shall I give it him now not Shall I give him this now for there is a great difference between hoc and id in matters of prevention But further when Weston had told me that it was poyson which he meant to give I reproved him and beat him down with Gods Judgements nay I humbled him so that he thanked God and me on his knees and told me that he and his had cause to blesse God for me for that I with-held him from doing that act and if you call this comforting and abetting to terrifie a man for his sins and to make him confess his faults to God and to abhor and detest the act then was I an abettor and comforter of Weston To the second after I had thus terrified him with Gods Judgements and saw him cast down for his offence I could do him no better office then to raise him up who was thus cast down and therefore favoured him I shewed him kindness I drank to him to the intent I might encourage the intentions of his minde which I found then in abhorring the fact and for that I gave him no wages it is true I took him from the commendations of my Lord of Northampton and Sir Tho. Monson whom I took to be my friends and thought they would commend no man to be a Keeper which might endamage me To the third I never knew any other meaning of the Countesses words in her Letters