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
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
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
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
which Sir Ier. Elvis had made to the King as touching Sir Tho. Overbury he confessed the same to be true The Examination of the Lieutenant taken 5. Octob. 1615. HE saith that having conferred with his servants about the time of Westons coming to the Tower he found it to be the very next day after he was made Lieutenant and had possession of the Tower and that he had Letters from Sir Tho. Monson that Weston might be Keeper to Sir Tho. Overb. which Letters he hath lost and Sir Tho. Monson told him the chief purpose of Westons keeping Sir Tho. Overb. was to suffer no Letters or other message to pass to or from and to that purpose he advised the Lieutenant Westons Examination 5. of October 1615. HE confesseth that the next day he was preferred to the Tower he had the keeping of Sir Tho. Overb. and soon after he received the glass by his son secretly from the Countess and that the Lieutenant told him all the Tarts came likewise from her and he confesseth that the Countess willed him to give them to Sir Tho. but not to taste of them himself Weston examined 1. Octob. 1615. COnfesseth that Mrs. Turn appointed him to come to White-Hall to the Countess the next day that he was at the Tower and that he went and that the Countess did request him to give Sir Tho. Overb. what she should deliver him but not to drink of it himself she promised to give him a good reward and he suspected it was poyson and he received the glass by his son and told the Lieutenant of it who did rebuke him and he set the Glass in a little study He confesseth he told Mrs. Turner he had given it him and demanded his reward That Mr. Iames and Mr. Rawl my Lord of Somersets men came often to know of him what Tarts Jellies or Wine Sir Tho. would have and they brought divers times Tarts and Jellies whereof he did eat The Confession of the Lieutenant to his Majesty Your Majesties servant Sir Jervas Elvis AFter Weston was placed in the Tower he met with me with Sir Tho. supper and the glass and asked me Sir Shall I give it him now wherein I protest unto your Majesty my ignorance as I would also be glad to protest the same to the world so I privately conferred with Weston and by this means made him assured unto me and knew all but disswaded and as Weston hath since the death of Sir Tho. confessed unto me that the Glyster was his overthrow and the Apothecary had 20. l. for administring it Here the Lord Chief Justice observed by this question of Weston to the Lieutenant Sir shall I give it him now that it was presently agreed and plotted before what should be done and that nothing more was doubted on but the time when it should be done The testimony of Lawrence Davis taken upon Oath before Cook and Crew HE affirmeth that Weston delivered him a Letter from Sir Tho. Overb. to Roch. the effect whereof was that he would do his endeavor in being a means of friendship between Roch. and some others but as touching the Marriage with the Countess of Essex he would never give his consent and also bringing a Letter from Roch to Sir Tho. Monson he delivered it to Weston and a paper of white powder fell out which Roch. perswaded Sir Tho. Overb. to eate and not to fear though it made him sick for that should be a means for his enlargement so they put the powder into the Letter again He saith he saw some part of the powder in Westons hand after the death of Sir Tho. Overbury The Examination of Simon Weston and Paul de la Bel as at the first Arraignment and Giles Rawlings Esquire 15. Octob. 1615. SAith that upon the bruit of poysoning of Sir Tho. Overb. being taxed of divers for that he stirred not in the matter Sir Tho. being his kinsman and means of his preferment he did of himself prefer a Petition to the King that the cause might be referred to the Judges of the Law for ordinary course of Justice rather then to the Lords of the Councel by them to be examined of which he had a gracious Answer and saith that of 14. dayes before the death of Sir Tho. he could never be suffered to see him either in his chamber or out of the window which Weston said was the commandment of the Lords and the Lieutenant And here the Lord Chief Justice observed what a scandal they put upon his Majesty and the State that a Gentleman and a Free-man being onely committed upon contempt should more straightly and closely be kept then a Traytor or Bondslave so that neither his father brother or friend might possibly see him and to that point Mr. Overbury father to Sir Tho. sware being present in Court who said that his son being prisoner in the Tower and himself not being suffered to have access unto him he found at last that Roch. was the man that withstood it The Lieutenants Examination the 5. of October SAith that after the death of Sir Tho. Overb. Weston told him that he was neglected by the Countess and demanding his reward Mrs. Turner told him the Countess had no money but afterwards he confessed he had received some and should receive more That Mr. Iames told him Somerset would reward him for the pains he took with Sir Tho. He saith the Tarts were sent from the Countess to Sir Tho. which looked ill-favouredly and the Jellies with a little standing would be furred and thinketh they were poysoned Also VVeston told him that the Apothecary had 20. l. for giving the Glyster and that he was poysoned with the Glyster Hence was observed as well by the Court as the Queens Attorney that VVeston was not single in his Confession but whensoever he had confessed any thing in any of his Examinations it was likewise confirmed by the Examination of others as the Lieutenant and his son The Examination of William Goare one of the Sheriffes of London SAith Weston being in his custody he often perswaded him to put himself to be tryed by his Country Weston telling him he would first kill himself and ask God forgiveness afterwards and said he hoped they would not make a Net to catch little birds and let the great ones go Then Mr. War craving leave of the Court to speak proâ—â—â—â—â— conscience he never found a business prosecuted so by degrees which were the ground of Sir Tho. his overthrow he urged the evidence in the examination of Sir David VVood and shewed the reasons of the malice against him to be for that he was so great an impediment to affections then he made the dependency Mrs. Turner had to the Lady and Weston to Mrs. Turner and how they all concluded to kill Sir Tho. Overbury the like whereof he said our Fathers never saw before us and he lamented much the place from whence the poyson came should be from the Court the place said
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
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
from the Countess and wished me from her to get the strongest poyson I could for Sr Th. Overbury accordingly I brought seven sorts Aqua-fortis White-Arsnick Mercury Great-spiders Powder of Diamonds Lapis Costitus Cantarides all these were given to Sir Tho. at several times and further confesseth that the Lieutenant knew of these poysons for that appeared said he by many Letters which he writ to the Countess of Essex which I saw and thereby knew that he knew of that matter one of them I read for the Countess because she could not read it her self in which the Lieutenant used this speech Madam This Scab is like the Fox the more he is cursed the better he fareth and other speeches Sir Tho. never eat white Salt but there was White-Arsnick put into it once he desired Pigge and Mrs. Turner put into it Lapis Costitus the white powder that was sent Sir Thomas in a Letter he knew to be White-Arsnick a very deadly poyson At another time he had two Partridges sent him from the Court and water and onyons being the sawce Mrs. Turner instead of Pepper put in Cantarides so that there was scarce any thing that he did eat but there was some poyson in it for these poysons the Countess sent me rewards she sent me gold many times by Mrs. Turner She afterward writ unto me to buy her more poysons I went to her and told her I was weary of it I besought her upon my knees that she would use me no more in these matters but she importuned me bid me go and inticed me with fair speeches and rewards so she overcame me and did bewitch me The cause of this poysoning was as the Countess told me because Sir Thomas would pry so far into the state as he would put them down he did also say that the toothless Maid trusty Margaret was acquainted with the poyson so was Mrs. Turners man Stephen so also Mrs. Horn the Countesses own hand He saith on the marriage of the Countess with Somerset she sent him twenty pound by Mrs. Turner and he was to have been paid by the Countesse two hundred pound per an. during his life That he was urged and haunted two hundred severall times at the least by the Countesse to do it against his conscience he saith she was able to bewitch any man and then he wrought the love between Rochester and her and that he had twelve severall Letters from her to prosecute it and was to have two hundred pound to continue their love till the Marriage These are all the materials in Franklins Confession to this Sir Iervis knew not what to answer or to make of his own Letters Then presently the Jury departed from the Bar and presently after returned and found him guilty and the Lord Chief Justice gave judgement and he was executed accordingly in manner following Sir Jervas his Confession ON Munday the 20. of Novem. 1615. he was executed upon Tower hill upon a Gibbet there set up of purpose about six of the clock in the morning he being arraigned in a black Suit and Jerkin with hanging sleeves having on his head a crimson satten Cap from the top downwards and round about laced under that a white linnen Cap with a border and over that a black Hat with a broad Ribbond and a ruffe Band thick couched with a lace and a pair of skie-coloured silk stockings and a pair of three soaled shooes He came on foot from Sheriffe Goars house to the Gibbet between Dr. Whiting and Dr. Felton two of his Majesties Chaplains and comming to the Ladders foot he talked a word or two to the Executioner then he went up the Ladder four or five steps the Executioner sitting over his head upon the top the of the Gibbet Sir Iervis finding the Ladder to stand too upright for his case spake to have it amended which forthwith he comming down was done being fastned in the ground and then he went up again six steps where after a while sitting uttered to this or the like effect NOble Right worshipful and others I am here come as well to shew explain and unfold that which passed at the time of my Arraignment to so many of you as were present as also to shew that there I perceived I had lost the good opinion of many in standing so long upon mine innocencie which was my fault I confess hoping now to recover the same and your good charitable opinions of me which fault I then saw not being blinded with my own error which made me account it no sin But since my condemnation by the means and help of these two Gentlemen here present the Doctors I was perswaded of the greatness of my sin and that it was so much the greater by how much the more I did conceal it which by Gods mercy I perceiving consulted not with flesh and blood but thought it in this my condemnation the best way for my souls health to reveal to the Omnipotent and All-seeing God the most secret and inward intentions and thoughts of my deceitfull heart not once respecting the praises or dispraises of the world which I regard not at all It may not be some will say That this place was most unfit for my execution appointed to terrifie and daunt me so much the more but alas I fear not death place nor any such like thing for I account it the King and Councels speciall favour that I dye here for that J requesting the same it was granted whereby J see now this Tower late wherein J should have been called to State business and still might if J had performed a more loyal service to my King and Country then J did Next in that J was not appointed to Tyburn a place of more publique reproach then now J am brought to being worthy to die by due and lawfull Justice in prosecuting this bloody enormous act against a kind Gentleman who deserved no ill at my hands nor any mans else for ought J know But were it J had not trusted him who was a most perfidious wretch J had not fallen into this shame which may warn all here present to take heed whom they trust in a bad matter and to admonish you that are trusted never to break honest and just fidelity I was by divers tricks drawn to this action which I received from the Earle of Northampton and Sir Thomas Monson and none other but had I remembred the 115. verse of the 119. Psalm and said with the holy Prophet Away from me ye wicked for I will keep the commandements of my God Then had J refused such like tricks alas now too late there was my fault that J did not refuse them and cast my self upon Gods providence without any dependence on man though never so honourable Was ever any deceived that did trust in God there was never any Therefore J admonish you all let none how honourable soever they be or the King himself move you to any thing not
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