to be made known unto him That Councellor added that he took it for a favour from him but withall added there lies a kind of heavy Imputation on him about Overburies Death I could wish he could clear himself or give some satisfaction in the point This my Lord related back and presently Elvis was struck with it and made a kind of discovery that some attempts were undertaken against Overbury but took no effect as checkt by him This Councellor weighing well the Narration from Elvis acquainted the King with the Overture who commanded presently that Elvis should set down his knowledg in writing which accordingly he did but always reserving himself still endeavoring rather to discover others then any else should undertake that Office and so accuse him The King still endeavors to search the truth of this business gives Direction for the Examination of the Truth of it commits it to certain Councellors they pick something out of him and Weston then the further Enquiry is delivered over to my Lord Cook who in this Cause was very painful took two and three hundred Examinations but when he found it might touch upon greater persons then he desired some others might be joyned with him which was accordingly granted namely the Lord Chancellor Lord Steward and the Lord Zouch but then there were no practices left untryed for the suppressing of the Discovery Weston was solicited to stand mute but at last this dumb Devil was cast out then followed Elvis Turner Francklin all which were Actors in this Tragedy without Malice but no Authors Now when this Lady comes to her part she meets Justice in the way by Confession which is either the Corner stone of Mercy or Judgment yet it is said Mercy and Truth are met together Truth you have in her Confession and that may be a degree to Mercy with me it must be and to him in whose Power it resides in the mean time this day must be reserved for Judgment Now to conclude and give you Accompt of the often Procrastinations in this business the first was due to Humanity her Child-birth the second was for reason of state and the last had a grave and weighty Cause These Directions the King at first gave written with his own Hand for the Examination of this business I desire may be read The Kings Instructions THere be two contrary things in this Cause to be tryed and the verity can be but in one of them First whether my Lord of Somerset and my Lady were the Procurers of Overbury's death or that this Imputation hath by some practice cast an aspersion upon them I would have you diligently inquire of the first and if you find him clear then I would have you as carefully look after the other to the intent such practices may be discovered and not suffered to pass without punishing Attourney There be other Directions in these Instructions by way of Interrogatories that are not now necessary to be read let the Lords the Peers view these Directions from the King None of these Interrogatories which the King desired there should be examination upon came away empty and whatsoever whispering there be abroad of the death of Weston they all before the hour of their death confessed the fact and dyed penitent and if need should require I have brought their Confessor along namely Doctor Whiting Lord Steward My Lords you have seen and have heard these Directions under the Kings Hand with Glory to God and Honor to the King Attourney May it please your Grace whereas Frances Countess of Somerset as accessary before the fact of the wilful poysoning and murther of Sir Tho. Overbury upon her Indictment she hath been Arraigned then upon her Arraignment she hath confessed Guilty I desire that her Confession may be recorded and Judgment upon the Prisoner Fanshaw Frances Countess of Somerset thou hast been Indicted Arraigned and pleaded Guilty as accessary before the Fact of the wilful poysoning and Murther of Sir Tho. Overbury what canst thou say for thy self why Judgment of death should not be pronounced against thee Countess I can much aggravate but nothing extenuate my fault I desire Mercy and that the Lords would be pleased to intreat for me to the King This she spake humbly fearfully and so low that the Lord Steward could not hear it but the Attourney related it Attourney The Lady is so touched with remorse and sense of her fault that grief surprizes her from expressing of her self but that which she hath confusedly said is to this effect That she cannot excuse her self but desires mercy Sir R. Connisby sitting before the Lord High Steward rises and upon his knees delivers him the white staff Lord Steward Frances Countess of Somerset whereas thou hast been indicted Arraigned and pleaded Guilty and confessed that thou hast nothing to say for thy self it is now my part to pronounce Judgment only thus much before since my Lords have heard with what Humility and grief you have confessed the Fact I do not doubt but they will signifie so much to the Kings Majesty and mediate for his Grace towards you but in the mean time according to the Law the sentence of death must be thus Thou must go to the Tower of London from hence and from thence to the place of Execution where you are to be hanged by the Neck till you be dead and Lord have Mercy upon your Soul The Arraignment of the Lord of Somerset May 25. 1616. being Saturday ANd first what was done before the Pleading Sergt Cryer O Yes My Lord High Steward of England purposes to proceed this day to the Arraignment of Robert Earl of Somerset O Yes Whosoever have any Indictments touching this Cause presently give them in The Lord Cook delivers the Indictment of my Lord of Somerset to Mr Fanshaw endorsed Walter Les Sergeant at Arms return the Precipe for the Lords which thou hast warned to be here this day O Yes He calls every Lord by his name and they stand up as they be called The Lord Steward excuses the Lord Mountegle and Russel of their absence in respect of their sickness Fanshaw Robert Earl of Somerset hold up thy hand He held it up so long till Mr Lievtenant bid him hold it down The Indictment is read containing VVestons Actions in the poysoning of Sir Tho. Overbury and his abetting of him the 8. of May 1613. The Lord Somerset was apparelled in a plain Sattin Sute laced with two Sattin laces in a seam a Gown of uncut Velvit all the sleeves laid with a Sattin lace a pair of Gloves with Sattin tops his George about his Neck his Hair curl'd his Visage pale his Beard long his Eyes sank in his Head whilest his Indictment was reading he three or four times whispered to the Lievtenant Fanshaw Robert Earl of Somerset what saist thou art thou guilty of this Felony and Murder whereof thou standest indicted or not Somerset making obeysance to the Lord Steward answered Not guilty
Tho. Overb. Et qui non propulsat injuriam cum possit eam infert Cicero After this was known to be poyson yet he kept Weston still he favoured countenanced and graced him and one time sent him a cup of Sack and bad his man tell him he loved him as well as ever he did all this while he paid him no wages and as soon as Sir Thomas Overbury dyed VVeston was removed The Countess writ a Letter to the Lieutenant with the Letter she sent poysoned Tarts to Overbury and Wine to the Lieutenants wife and bad him give the Tarts to Overbury for there were Letters in them but his wife and children might drink the Wine for she was sure there were no Letters in it The Earle of Northampton writ a Letter to the Lieutenant concerning the imprisonment of Overbury the said Earle writ three Letters to Rochester contaiing these words SWeet Lord think not I finde pain in that which gives me sweetest pleasure which is any thing which falls from your Pen Three things concur to my exceeding joy in your worthy Letters proof of your love comfort of your words and judgement in your writing you may believe the words of him that will rather dye then flatter you my heart is full of the love of you your Characters are no pain for me to peruse being as well acquainted with your hand as mine own the pain is no more then the cracking of a Nut for the sweet kernel or my Neeces pain in the silver-dropping streams of your Pen There the Lord Chief Justice left off reading for the baudiness of it then after in the Letter followed I spent two hours yesterday in prompting the Lieutenant with cautions and considerations observing with whom he is to deal that he might the better act his part for the adventure in which he dealeth Henry Northampton Another Letter to Rochester SWeet Lord I cannot deliver unto you with what caution and consideration c. and the Lieutenant looking to his business which concerns me more then Text affords that marching in his affairs I shall hold him discreet and love him better whilst I live for this his conclusion for this Negro can no more change his skin then the Leopard his spots Hen. Northampton Another Letter to Rochester SWeet Lord Overbury being viewed there was found in his arm an Issue and on his belly twelve kernels like to break to issue each as broad as three pence as big as a small button an Issue in his back with a tawny plaister on it this was strange and ugly he stank intolerably insomuch that he was cast into a Coffin with a loose sheet over him God is gracious in cutting off such ill instruments from the factious crew if he had come forth they would have made use of him Thus sweet Lord wishing you all increase of happiness and honour I end Your Lordships more then any mans Hen. Northampton The Lieutenant writ a Letter to Northampton certifying him that he undertook Sir Tho. Overbury according to his Instructions that as soon as he came to the place Sir Thomas protested his innocency upon the Bible and then quoth he he asked me what they meant to do with him I answered they mean to refine you that your pureness may appear the better after I walked with him in his Chamber and advised him to give way to the match between Rochester and the Countess but then he grew hot against your Lordship and the Countess of Suffolk saying if he were the Countess of Suffolks prisoner as he thought he was then said he let her know that I care as little to dye as she to be cruel The Countess I finde to be joyned with you in this plot though the Chamberlain knows not of it nor any one else but Rochesters part I shall most fear untill I see the event to be clearly conveyed and so he concluded his Letter The Answer of Sir Jervas Elvis to the points proposed MY Lord before I answer the matter of charge against me let me remember your Lordship of one speech I learned from your mouth I have heard you speak it at the Councel Table and at the Assizes in the Country that when a prisoner stands at the Bar for his life comfortless allowed no counsel but strong counsel against him perchance affrighted with the fear of death his wife and his children to be cast out of doors and made to seek their bread you have alwayes pitied the cause of such an one you have protested you had rather hang in hell for mercy to such an one then for judgement My Lord you have not observed your own rule in my cause you have paraphrased upon every examination you have aggravated every evidence and applied it to me so that I stand clearly condemned before I be found guilty if I were so vile a man as your Lordship conceives me I were unworthy of any favour but I hope your Lordship shall not finde it So I will deny nothing that hath evidence of truth against me I will not tell a lie to save my life and beseech your Lordship so to conceive of me move your charity towards me Then desired he the Court that the heads of the Accusations might be collected by the Councel of the King which were the same which were mentioned before to which he severally answereth To the first Shall I give him now he answered That when Weston asked him the question he saw no poyson in his hand and therefore said he in Westons and my Examinations the question was Shall I give it him now not Shall I give him this now for there is a great difference between hoc and id in matters of prevention But further when Weston had told me that it was poyson which he meant to give I reproved him and beat him down with Gods Judgements nay I humbled him so that he thanked God and me on his knees and told me that he and his had cause to blesse God for me for that I with-held him from doing that act and if you call this comforting and abetting to terrifie a man for his sins and to make him confess his faults to God and to abhor and detest the act then was I an abettor and comforter of Weston To the second after I had thus terrified him with Gods Judgements and saw him cast down for his offence I could do him no better office then to raise him up who was thus cast down and therefore favoured him I shewed him kindness I drank to him to the intent I might encourage the intentions of his minde which I found then in abhorring the fact and for that I gave him no wages it is true I took him from the commendations of my Lord of Northampton and Sir Tho. Monson whom I took to be my friends and thought they would commend no man to be a Keeper which might endamage me To the third I never knew any other meaning of the Countesses words in her Letters
agreeable to Gods word do it not reject it for that was my fault that J had not at the first opened this plot to his Majesty who no doubt would most justly and throughly have punished the same You Noble Worshipful and others let my example teach you thus much That you prophane not the holy Sabbaths of the Lord nor his good creatures nor that you turn by a lascivious course dayes into nights and nights into dayes as J have done and that in serving God you must not only read the Scriptures but joyn practice therewith for what good will the same effect if the heart be foul bloody and impure some here knew my forwardness therein but J pretend not innocencie that way but cast it off and confess that of this great Assembly I am the most wretched sinner You expect speeches from me of some concealed matters and upon some of my speeches used at the closing up of my Arraignment but J stand here loco peccatoris non oratoris yet J will shew you that J have opened to my Lord Chrief Justice since my Arraignment that with the utmost of my power J was able to verifie upon which J took the body and blood of Jesus Christ and in further testimony J will now seal it with my last and dearest breath Nobles and others to see your faces it rejoyceth me whereby you manifest your loves in granting my request to be eye-witnesses of my death J see a number of my friends here pointing as he spake who out of their loves J intreated to beseech God to strengthen me in death though ignominious to some yet to me a bitter cup mingled with Gods mercies a special favor this way to call me home whereas he might have taken away my life by shooting the Bridge or some fall or otherwise and then this unrepented sin which J accounted no sin such was my blindness had been damnation to me for God is just and the unrepented sinner shall have no salvation There is none of you here present that knoweth how or in what sort he shall dye it may be in his bed it may be otherwise God knows J protest before you all J never came over this hill in the chiefest of all my prosperity with more joy then now J have at this present for now J know J shall behold the glorious face and sight of my Creator Take heed let my ensample incite you to serve God truly and uprightly lest a shameful death overtake you as it hath me who am unworthy of my Parents care in bringing me up Jt may be some will say J have a flinty heart because J shed no tears my heart is flesh as others be and J am as faint-hearted to look death in the face as any others because my use hath not been to shed tears J cannot now easily except it be for the losse of some dear freind albeit now my heart beginneth to melt within me being wounded with that the tears stood in his eyes to see the faces of some here present whom J most earnestly love and now must depart from with shame though worldly regard J respect not for well Mr. Sheriffe knows that to shame this my sinful flesh the more J wisht if it had him pleased to have been brought thorow the City to have warned all the spectators how they should not escape without Judgement for blood for God is just J had almost forgotten to shew you a most strange thing which God brought to my memory the last night which is this J confess J have been a great Gamester and have played and wasted many great summes of money which exhausted a great part of my means which J perceiving vowed seriously and not sleightly or unadvisedly to the Lord in my vow and prayers Lord let me be hanged if ever I play any more which not long after is justly come upon me whereof ye are all eye-witnesses for a thousand times since J have broke this my vow Then he espied one Sir Maxamilian Dalyson standing near to the Gibbet on horse-back and said to him You know Sir Maxamilian what gaming we have had and how we have turned dayes into nights and nights into dayes J pray you in time to leave it off and dishonor God no more in breaking his Sabbath for he hath alwayes enough to punish as you now see me who little thought thus to dye To which Sir Maxamilian answered him Sir Iervas J am much gieved for you and shall never forget what you have said whereunto he said Look to it do then Further he continued his Speech Let no man boast of the abilities and gifts of Nature which God giveth him for therein I displeased God being over-much transported with the pride of my Pen which obsequious Quill of mine procured my just overthrow Upon the knitting up of my Lord Chief Justices Speech at my Arraignment by reason of two or three passages at the bottom of my Letter subscribed with my own hand which I utterly had forgotten because I felt not my fin which I heard I saw no other but the finger of God would thus point to this Fact By this means I do protest before God and confess before you all that I was so overtaken with this bloody Fact that for satisfaction of the same I willingly yeelded my dearest blood to the shame of this my wretched Carkass not being so much grieved for the same as for others that I wish I had hang'd in Chaines perpetually so that I had at first revealed this hainous plot Then should I have saved the lives of some already dead some in the Tower and some in the City some over Seas so should I have prevented many from being Widdows some from being fatherless and some from being childless among whom my own wife for one and eight Fatherless children of mine which I now leave behind me and God knows how many are guilty of this Fact and when it will bee ended The Lord Chief Justice upon closing up of my speeches at my Arraignment said I was a Anabaptist I would I were as clear from all other sins as from that for I alwayes detested that condition As for my wife some said she is a Papist True it is she came so short of a sincere Protestant I mean in that respect that when she is amongst Papists she cannot well forbear them Then he spake to the Sheriff saying If it may be permitted without offence I have somewhat to say and that is this Is it lawful for any one here to demand of me any questions to which the Sheriff answered It is not lawfull wherefore good Sir Iervas quoth he forbear Sir Iervas said thereunto doubling his words it is enough it is enough I have quoth he one that holdeth my cloak may I bestow somewhat on him The Sheriff answered That you may Sir whereupon he called the young man unto him by his name who stood waiting at the Ladders foot and gave him out of his
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