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A28503 A true and historical relation of the poysoning of Sir Thomas Overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between Robert, late Earle of Essex, and the Lady Frances Howard : with King James's and other large speeches / collected out of the papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626.; James I, King of England, 1566-1625. 1651 (1651) Wing B338; ESTC R10750 59,190 110

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he from whence all men expected their safeties and protection Lastly he observed the finger of God even in this that the poyson had scarcely been suspected at all or enquired after had it not been for the extraordinary strange things appearing after his death which was the first onely cause of suspicion and muttering The evidence being given VVeston was demanded what he could say for himself who although he had before confessed all his examinations to be true yet he seemed to excuse himself in a kinde of ignorance or unawares he said he received the Glasse and thought it was not good but denied the giving of it to Sir Thomas being demanded why he accused one Franklin for delivering to him the said Glasse from the Countess from whom it was sent he confessed indeed it was to save his childe And finally could say nothing that had any colour of material or substantial point to excuse or argue innocency in him so the Court referred him to the Jury who went together and within short space returned being agreed upon their verdict and there at the Bar gave in that VVeston was guilty of the fellonies of murthering and poysoning of Sir Tho. Overbury and then the Clark of the Crown demanded of him what he could say for himself why Judgement should not be pronounced against him according to the Law To which he answered he referred himself to my Lord and the Country and then the Lord Chief Justice before he pronounced sentence of death spake to this effect That for the duty of the place he must say somewhat and that to two several parties first to the auditory secondly to the prisoner and that which he spake to the auditory he divided into four parts viz. 1 The manifestation of the glory of God and honour of the King 2 The preventing of other damned crimes of poysoning 3 Answer to certain objections 4 That there is no practice of conspiracie in prosecution of the business 1 For the first he observed the finger of God in the manifestation and bringing to light of this matter having slept two years being shadowed with Greatness which cannot overcome the cry of the people he observed also the providence and goodness of God to put into the hearts of himself the rest of the Judges the day of the last Arraigning when the prisoner stood mute not to give judgement against him for that time but deferred it till now and how in the mean time it pleased his Majesty out of his gracious care and pity to send to the prisoner first the Bishop of London next the Bishop of Ely to admonish and perswade him for the saving of his soul who after each of them had spent two hours with him and when all the means of man not prevailing with him it pleased God when they had left him to move his heart so that now he did put himself to be tryed by his Country by which means using VVestons own words he said the greatest Flies shall not escape but receive their punishment For conclusion of this first point he lastly observed Divinum quiddam in vulgi opinione for that so many uncertain rumours touching this case at last proved to be true Secondly he declared how for previntion of this damned crime of poysoning Justice was the golden mean and declared his Majesties resolution strictly to execute justice for that Treason and he used this saying Nemo prudens c. and desired God that this president of Overburies might be an example and terrour against this horrible crime and therefore it might be called the great Oyer of Poysoning Thirdly he said that at the Arraignment were certain Critiques who had given out the prisoner should deny his Examinations and found so much fault for that the Examinations were read the prisoner standing mute but for the first how untrue it was all the world saw the prisoner here confessing them all being read and shewed unto him And for the second besides that it was exceeding discreet and convenient the world should receive some satisfaction in a cause of that nature he cited and shewed what by the Laws of the Land they ought and were bound to do notwithstanding the greatness of any that might thereby be impeached of whom he said although this was Vnicum crimen yet it was not unicus crimon Fourthly as touching the supposed practice or conspiracie he solemnly protested to God he knew none nor of any semblance or colour thereof and therefore he much inveighed against the baseness and unworthiness of such as went about so untruly and wickedly to slander the course of Justice and so he came last of all to that which he had to speak of Weston the prisoner First touching the wickedness of the fact he very seriously exhorted him to an unfeined confession and contrition for the same declaring unto him how that his confession would be a satisfaction to God and the world if by faith and true repentance he would lay hold upon the merits of his Saviour He perswaded him that no vain hope which is a witch should keep him back from giving satisfaction to the world by discovering the Great ones assuring him that after this life as death left him so judgement should finde him And lastly taking occasion there to remember this poysoning to have been a Popish trick which he instanced by the example of Gurnandus di Birlanus mentioned 22 Ed. 1. Squire that attempted to poyson Queen Elizabeths Saddle Lopez and Mrs. Turner and proceeded to give Judgement which was That the prisoner should be carried from thence to the place whence he came and from thence to Tiburn there to be hanged by the neck till he were dead Justice being given the Lord Chiefe Justice commanded that the prisoner might have convenient respect and the company of some godly learned men to instruct him for his souls health The Arraignment of Anne Turner a widow at the Kings Bench Bar at Westminster 7. Novem. 1615. THe Indictment whereupon Richard Weston took his tryall being repeated verbatim she was Indicted for comforting aiding and assisting the said Weston in the poysoning to death of Sir Thomas Overbury to which she pleaded not guilty putting her self upon God and the Country whereupon a very sufficient Jury of two Knights and the rest Esquires and Free-holders of Middle sex were sworn and impannelled for the triall whereof Sir Tho. Fouler was Fore-man The Lord Chiefe Justice told her that women must be covered in Church and not when they are Arraigned and so caused her to put off her Hat which done she covered her hair with her handkerchiffe being before dressed in her hair and her Hat over it Sir Lawr. Hide the Queens Attorney opened the matter much to the effect as he did at Westons Arraignment shewing the wickedness and hainousness of poysoning he shewed further there was one Dr. Forman dwelling at Lambeth who dyed very suddenly a little hefore his death desired that he might be
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