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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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if any other man were touched their cause it was and not he that touched them And therefore VVeston being but a stranger to Sir Tho Overbury and one who by himself could reap no benefit by his death it was against all reason he would do it himself therefore said he I must needs open the whole plot and having first declared the worth and honesty of Sir Tho. Overb. shewed his familiarity with the Lord of Rochester and how he often willed him to forbear the company of the Lady Essex tearming her a vile and base woman which stirred up the anger and malice of the Countesse against him And afterwards the King intended for the honour and preferment of Sir Tho. Overb. to send him upon an Ambassage whereunto he was willing but was dealt with and perswaded by Rochester to disobey the Kings direction and counsel with promises that he would bear him out upon which contempt Sir Thomas was committed to the Tower 22 April 1613. Sir William Wade heing Lieutenant of the Tower and the 6. of May following Sir William was removed and Sir Ier. Elvis put in his place And the very next day after Weston by the procurement of the Countesse was preferred to the service of the Lieutenant and to be Keeper of Sir Tho. Overb. which Weston had been servant to Mrs. Turner and the onely agent in conveying letters and messages between Roch. and the Countesse and he whose office should have been to save and keep was now appointed to kill and murther him He shewed how the very same day of his entertainment at the Tower he was sent for to the Countesse who promised him that if he would give Sir Thomas a Water that should be delivered to him he should be well rewarded and she bad him not taste of it himself And that the ninth or May aforesaid the said water was secretly sent from the Countesse to Weston by his son and the same night Weston meeting the Lieutenant with Sir Thomas's supper in one hand and the Glasse in the other he demanded of him Sir shall I give it him now whereupon the Lieutenant took him aside and disswaded him so far forth that he confessed he thanked God on his knees that he had met with him But Mr. Attorney observed this notwithstanding that the Lieutenant did let him go away with the poyson and albeit he now denyeth he ever gave the poyson yet said he did deliver it He confesseth to Mrs. Turner he had done it saying It made him very sick and to vomit often demanding of her his reward she answered he was not to have it till Sir Tho. was dead Then he shewed 30. Iune following a certain powder was sent in a Letter to Sir Tho. from Roch. perswading him not to fear though it made him sick for that should be his reason to move the King for his enlargement And that the 14 Septemb. Weston and the Apothecary ministred the Glyster to Sir Tho. which gave him 60. stools and vomits and that he dyed the next day remembring the botches and blisters on his body being dead He shewed how Weston came to Mrs. Turner for his reward which was deferied till his death and that he had received in secret from the Countess by Mrs. Turner at several times for his reward 180. l. and that the Apothecary had for his reward 20. l. all which Weston had confessed to be true Then remembring how ignominiously they buried him not suffering any to see him for fear he should be digged up again and without any Coroners inquest that should be found And thus he ended his speech And all this opened and set forth by Mr. Attorney Mr. VVar onely added thus much which he desired the Jury to consider that VVeston was servant to Mrs. Turner when Sir Tho. was committed and then he was entertained and made Keeper to Sir Tho. and having dispatched his business Sir Tho. being dead and poysoned he stayes no longer at the Tower but returns again to his Mrs. Turner Then the Lord chief Justice exhorted the Jury to take God before their eyes with equall balance to weigh as well the answer of the prisoner as the proofs and examinations against him declaring unto them how quietly and freely he had examined him without any menacing or threatning or rough usage which the prisoner confessed and my Lord for matter of Law satisfied the Jury that albeit in the Indictment it be said to be Rosacar white Arsnick Mercury sublimate yet Jury were not to expect so precise proof in that point shewing how impossible it were to convict a poysoner who useth not to take any witnesses to the composing of this slibber sauces wherefore he declares the Law in the like case as if a man be indicted for murthering a man with a dagger and it fall out upon evidence to have been done with a sword or with a Rapier or with neither but with a staffe in this case the instrument skilleth not so that the Jury finde the murther and so in the Prisoners case if they would be satisfied of the poysoning it skilleth not with what therefore he required them to attend the proofes Then were read first the Examinations of Lawr. Davis as at the first Arraignment then of Henry Payton both servants to Sir Tho. then of VVeston himself formerly read the examination of Sir David VVood taken the 21. Octob. 1615. since the first Arraignment He saith he had obtained the Kings consent to a suit for which he was a Petitioner and that he was crossed by Roch. and Sir Tho. Overb. that for certain words he had received from Sir Tho. he intended to bastinado him that his suit would have been worth 2200. l. and that Roch. would not let it pass unless he might have 1200. l. That the Lady Essex sent for this examinant upon the day that the King and Queen went to Roches● with the Lady Eliz. and told him she understood he had received much wrong from Sir Tho. Overb. and that he was a Gent. that could revenge himself and that Sir Tho. had much wronged her and Sir David answered that Sir Tho. had refused him the Field she perswaded him to kill him and promised him for his reward and protection from his enemies which he refused saying He would be loth to hazard going to Tyborn upon a womans word but she still perswaded him he might easily do it as he returned late home from Sir Charles VVilmots in his Coach Then were read the Examinations of Sir Tho. Monson and Mrs. Turner as at the first Arraignment NExt the Examination of VVeston before the Lord Zouch Sir Ralph VVinwood Sir Tho. Parry and Sir Foulk Grevill at the Dutchy house 21. Septemb. 1615. where Weston did confess he was preferred to the keeping of Sir Tho. Overbury by Mrs. Turner upon the means and request of Sir Tho. Monson to the Lieutenant and that she told him he should be well rewarded and being confronted with a relation in writing
further then to open a way of lawful relief to any persons who shall chance to be distressed in that sort And for the Legal Doubts they concerne none of your calling for if your conscience be resolved in point of Divinity that is your part to give your consent to Nullity and let the Lawyers take the burden of making it so formal And as for the Trienial probation I hope no man can be so blinde as to make a doubt whether it be taken before or after the suit began And in conclusion of divine solution of this question proved clearly that this resolution of this doubt howsoever it was in blindnesse as you think that is now proved in the greatest time of light and purity of the profession of the Gospel And for your extract upon the late Divines opinions upon this question I cannot guesse what your intent was in sending them to me for they all agree in tearms of my opinion but there is such a thing as Maleficium maleficiale versus hanc And your very enterlude passage proves the clearest and for that advice concerning the Remedies that is consilium non decretum not imposing a necessity but is to be used by discretion as occasion shall serve or require it To conclude then if this may satisfie your doubts I will end with our Saviours words to St Peter Cum conversus fueris confirma sratres tuos for on my conscience all the doubts that I have seen are nothing but Nodos in scirpo quaerere The Midwives appointed to make inspection upon the Ladies body gave in that the Lady of Essex is a woman apt to have copulation to bring forth children and that the said Lady is a Virgin and uncorrupted Three Ladies affirme that they believe the same for that they were present when the Midwives made their inspection and did see them give good reasons for it There is a sentence of Divorce given for the Nullity of the Marriage and both parties married againe The Commissioners that gave the Sentence Bishops Winchester Bishops Ely Bishops Coventry and Liechfield Bishops Rochester Doctors Sr Iulius Caesar Doctors Sr Thomas Parry Doctors Sr Daniel Dunne Commissioners dissenting Bishops Arch. B. of Canterbury Bishops Bishop of London Doctors Sr Iohn Bennet Doctors Fran. Iames Doctors Tho. Edwards The proceedings against Richard Weston at his Arraingment at Guild-hall Novem. 19. 1615. before the Lord Maior the Lord Chief Iustice of England and three other Iustices of the Kings Bench Crook Dodrige and Hanton and Serjeant Crew another of the Commissioners THE Court being set the Kings special Commission being read the Lord Chiefe Justice gave the Charge the effect whereof was First to expresse the Kings pious inclination and command unto just proceedings against all such as should be any way proved to be guilty of the murthering and poysoning of Sr Tho. Overbury his Majesties prisoner in the Tower Secondly to aggravate the manner and quality of the murther in shewing the basenesse of poysoning above all other kinds of murther declaring the vengeance of God and his justice in punishing the offenders he alleadged Gen. 9.6 Quicunque effunderit humanum sanguinem effundetur sanguis illius ad Imaginem quippe factus esthomo He also took the example of Vrias by David he therein observed how adultery is most often the begetter of that sin Then he declared that of all Felonies murther is the most horrible of all murthers poysoning the most detestable and of all poysoning the lingering poysoning He shewed how by an Act of Parliament 22. H. 8 9. it was made Treason and that wilful poysoners should be boyled to death rehearsing the example of one Richard Rouse that had poysoned a man and woman and was therefore scalded to death Then he laid open to the Jury the basenesse and cowardliness of poysoners who attempt it secretly against which there is no means of preservation or defence for a mans life and how rare it was to heare of poysoning in England so detestable to our Nation but that since the Devil hath taught divers to be so cunning in it so that they can poyson in what distance of place they please by consuming the Nativum calidum or humidum radicale in one month two or three or more as they list which they foure manner of wayes do execute 1 Gustu 2 Haustu 3 Odore 4 Contactu He finisheth his charge with serious exhortations to the Jury to do justice in presenting the truth notwithstanding the greatnesse of any that upon their evidence should appeare to be guilty of the same offence comforting both Judge and Jury with the Scripture Psal. 5.8 fin For thou Lord wilt blesse the righteous with favour wilt thou comfort them as with a shield The charge being ended the Jury consisting of fourteen persons did for the space of an houre depart from the Court into a private room where they received their evidence from Mr. Fanshaw his Majesties Coroner and his Highnesse Councel prepared and instructed for that purpose with the examinations and confessions as well of the Prisoner himselfe as of divers witnesses before that time taken by the Lord Chiefe Justice of England and others of the Lords of his Majesties Councel In the mean time Mr. William Goare Sheriffe of London was commanded to fetch his Prisoner remaining in his house to be ready in Court for his Arraignment So a certaine space after the Grand Jury returned to the Bar and delivered in their Bill of Indictment signed Billa vera whereupon the Prisoner was set up to the Bar and the Indictment read by Mr. Fanshaw which contained in effect That Richard Weston being about the age of sixty yeares not having the feare of God before his eyes but instigated by the Devil devised and contrived not only to bring upon the body of Sir Tho. Overb. great sicknesse and diseases but also deprive him of his life and to bring the same to passe the ninth of May 1613. and in the eleventh yeare of his Majesties Reigne at the Tower of London in the Parish of Alhallows Barking did obtaine and get into his hands certaine poyson of green and yellow colour called Rosacar knowing the same to be deadly poyson and the same did maliciously and feloniously compound and mingle with a kinde of Broth powred into a certaine dish and the same Broth so infected did give and deliver to the said Sr Th. Overb. as good and wholsome Broth to the intent to kill and poyson the said Sr Tho. Overb. which Broath he took and did eat Also the said Weston upon the first of Iuly an. 11 Reigne aforesaid did in like manner get another poyson or poysonous powder called White-arsnick and knowing the same to be deadly poyson did give unto the said Sr Tho. Overb. as good and wholesome to eat who in like manner took and eat the same Also that Weston upon the said nineteenth of Iuly following did get another poyson called Mercury sublimate knowing the