THE Lady Frances Howard, before the Kings Delegates, Geor. Canter­bury, Iohn London, Lanc▪ Ely, Rich. Leichfield and Coventry, Doctor Caesar, Thomas Parry, Daniel Dunne, Iohn Bennet, Franc. Iames, and Thomas Edwards, authorised under the Kings Broad Seale, Plaintiffs, in Ian. 1616.

That she and Robert Earle of Essex were married by publique Rites and Ceremonies of the Church, in Ian. 1603.

That she at the same time was fully thirteen years old, and is at this time twenty two, or twenty three.

That the foresaid Robert at the time of the preten­tended Marriage was about fourteen, and is about two and twenty, or three and twenty at this time; and ever since, and at this present is a man (as far forth as a man may judge) and hath been in good health and perfect estate of body, not any way hindred by any ague or sicknesse, but that he might have carnall copulation with a woman.

That since the pretended Marriage at least by the space of a whole year, and continued three years after the said Robert had fully attained the age of eighteen [Page 2] yeares (as time and place did serve) after the fashion of other marryed Folks, the said Frances Howard in hope of lawfull Issue and desirous to be made a Mother, lived together with the said Robert at bed and board, and lay both naked, and alone in the same bed (as married Folks use) and desirous to be made a Mother from time to time, again, and again yeelded herselfe to his power, and as much as lay in her offe­red her self and her body to be known, and earnestly desired conjunction and copulation: And also the said Earle in the same time, very often, again and again, did try to have copulation as with his lawful wife, which she refused not, but used the best means she could. Notwithstanding all this, the said Earle could never carnally know her, nor have that copula­tion in any sort which the Married-bed alloweth; yet before the said pretended Marriage and since, the said Earle hath had, and hath power and ability of body to deal with other women, and to know them car­nally, and sometimes hath felt the motions and pricks of the flesh carnally and tending to carnal copulation as he saith, and believeth: but by perpetual and natu­ral impediment hath been hindered all the former time, and is at this present, that he can have no copu­lation with the said Lady Frances.

Furthermore, the said Lady Frances hath been, and is a woman fit and able to have copulation with a man and such an one as may be carnally known, neither hath in this regard any impediment.

Moreover the said Lady Frances remaineth, and is at this present a Virgin.

Also at the time of the pretended marriage, the said Lady Frances was unacquainted with the said Earles want of ability and impediment formerly mentio­ned.

And furthermore, the said Earle long before this [Page 3] Suit commenced, hath very often, and at sundry times confessed in good earnest, before witnesses of good credite, and his friends and kinsfolks, that although he did his best endeavour, yet he never could not, nor at this time can have Copulation with the said Lady Frances, no not once.

And also in regard of womanish modesty, the said Lady Frances hath concealed the former matter, and had a purpose ever to conceale it, if she had not been forced through false rumours of disobedience to the said Earle to reveale them.

She requireth, since this pretended Matrimony is but a fact, and not in right; It may be Pronounced, Adjudged, and Declared, as none of none effect, and she may be quit and freed from all Knot and Bond of the same, by your Sentence and Authority.

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 S ^r 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. [Page 16] 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: [Page 17] 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 S ^r Th. Overb. as good and wholsome Broth, to the intent to kill and poyson the said S ^r 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 S ^r Tho. Overb. as good and wholesome to eat, who in like manner took and eat the same.

Also that Weston upon the said nineteenth of Iuly following, did get another poyson called Mercury sublimate, knowing the same to be mortal poyson, and put and mingled the same in Tarts and Jellies, and gave the same to the said S ^r 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 [Page 18] (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 [...]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 S ^r Thomas; & that Weston was present and aiding to the said Apothecary in mini­string & infusing the said Glister; and immediately after S ^r 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 S ^r 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 [Page 19] 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 [Page 20] 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 S ^r 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 M ^r 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 S ^r 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.

S ^r 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) [Page 21] 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 [Page 22] 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 [Page 23] 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 [Page 24] 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 [Page 25] 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.

[Page 26]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 [Page 27] 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.

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 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.

[Page 57]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:

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 [Page 59] 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.

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.

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 [Page 101] 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.

[Page 102]You hear, quoth he, that he will neither accuse nor excuse you.

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.

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.

If I be guilty, I renounce the Kings mer­cy and Gods; I am Innocent.

There is more against you then you know of.

If I be guilty, it is of that I know not,

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▪

It is an Atheists words to re­nounce Gods Mercy; but you must think the change of your Lodging means somewhat.

I have looked into this business, and I pro­test, my Lord, he is as guilty as the guiltiest man.

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.

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.

[Page 114]The Lord Somerset was apparelled in a plain Sat­tin Sute, laced with two Sattin laces in a seam, a Gown of uncut Velvit, all the sleeves laid with a Sattin lace, a pair of Gloves with Sattin tops, his George about his Neck, his Hair curl'd, his Visage pale, his Beard long, his Eyes sank in his Head, whilest his Indictment was reading he three or four times whispered to the Lievtenant.

Fanshaw. Robert Earl of Somerset, what saist thou? art thou guilty of this Felony and Murder whereof thou standest indicted, or not?

Somerset making obeysance to the Lord Steward, answered, Not guilty.

Fanshaw. How wilt thou be tryed?

By God and the Country; but presently recalling himself, said, By God and my Peers.

O Yes, all you that be to give in Evidence against Robert Earl of Somerset, who stands now at the Bar upon his deliverance, make your appearance, and you shall be heard what you have to say against him.

My Lord of Somerset upon his Arraignment having pleaded not guilty, the Proceeding after was thus.

Robert Earl of Somerset, you have been Arraigned, and pleaded not guilty, now whatsoever you have to say in defence of your self, say it boldly without fear; and though it be not the ordinary custom, you shall have Pen and Ink to help your memory; but re­member that God is the God of Truth; a fault de­fended is a double Crime; Hide not the verity, nor affirm not an untruth, for to deny that which is true increaseth the offence; Take heed left your wilful­ness cause the Gates of Mercy to be shut upon you.

Now for you my Lords the Peers, you are to give diligent attention to that which shall be said, and you must not rest alone upon one peece of Evidence, [Page 115] 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 [Page 116] 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.

[Page 117]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 [Page 118] 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 Servants, for that never comes but with a noise; whereas on the contrary, there are a number of Poysons, that they will neither distaste nor discolour that they be put into.

Thirdly, It takes not only away the party maliced or meant; it is like an Arrow shot that hath no aym; and if Facts of this kind were not met withall by condign punishment, what society would there be amongst men?

In the 22. Hen. 8. a Poysoner ayming at one man, poysoned a dish of Barm, at this time there was a feast at the Bishop of Rochesters, that Barm was un­wittingly used in Broths and boyled meats, sixteen at the Table were poysoned with it, nay it went as far as the Alms-basket, and some poor dyed of it.

Well, this year Poysoning was esteemed so great an offence, that a Statute was made to make it High Treason.

My third Aggravation is, That it was against the Kings Prisoner in the Tower, where the King and State were in a manner bound to answer for him; and, my Lords, till now there hath been no Murther in that place since the Nephews of King Richard the [Page 119] third were there murthered by his Command.

My second general Division is, What Proofs I hold to be compleat in this Case; I hope my Lords the Peers will consider, that of all Murthers Poysoning is the most secret: And therefore to look for Testi­monies direct, is to say, that they proclaim impunity; who should have impeached Parasapis, who poysoned one side of a Knife, and eat with the other. But, my Lord, you are not to enquire of actual impoysoning, but the procuring and faciliating of it; and that is to be an Abettor before the Fact if any middle course should be used, to the intent such a matter might be effected, if afterwards it be done.

For example; There be three intended to Rob a man, one sends a Letter to him upon some pretended business to draw him such a way, the other fearing he may carry some company with him, useth some means to divert him from that, and proffers to go with him himself, and holds him in discourse, until the third man comes upon him, and doth the fact; certainly all these are guilty.

It is not he only that slips the Dog, but he that loves the Toyl, that kills the Deer. But these things, my Lord, are so perspicuous that I will not dilate.

My third Division was the stating and summing up the Proofs, and that shall be thus:

First, A plain Narrative of the Fact it self.

Secondly, The distribution of it into parts, and ap­plying of the Evidence.

And thirdly, The Production of Witnesses and Writings.

Somerset. I humbly desire to answer every parti­cular as it is objected against me; my memory is short, and so I may omit to Answer some of the most principal Objections.

[Page 120] Lord Steward. The constant course of the Court must be kept; you cannot interrupt the Kings Councel; they must give their Evidence entire be­fore you come to your Answer; you have now Pen and Ink to observe what they urge against you; and if after you omit any thing, when you come to your Answer, you shall have all the Helps that can be afforded you.

Mr Attorney. My Lord of Somerset, in substance I will answer and satisfie your Request, for you shall have three Cogitations.

First, Take your aym of that that shall be object­ed against you in the Narrative; then a second in the distribution of it into parts; and lastly the third, when the Witnesses shall be produced, and more when you come to your Answer; if you omit any thing that hath been objected against you, I will put you in mind of it.

Now for the Narrative, the Friendship and famili­arity betwixt my Lord of Somerset, and Sir Thomas was so great, if you beleeve him in his own Letter, but he was a Trasonical Fellow, that the Ballance had need be altered, that the greatest matters and se­crets of State, which my Lord executed under the King were all communicated unto him, not whisperingly, or by peece meals, as sometimes Councellors use to do to their friends for a favor; but Overbury took Copies, Registers, and Extracts of all that passed; they had Ciphers between them, which went under the name of Iergins of the King and Queens name, and all the Councellors of State; and this kind of Cha­racterical writing is never used but by Princes, or their Embassadors; if by others, then by such as be Practisers against them; yet, my Lord, I charge you with no disloyalty.

[Page 121]I remember a Speech Your Grace hath often said in Chancery, That Fraud, Frost and foul weather; I might adde without disloyalty, of Friendship of ill men; And so, my Lord, it proved on your part to Sir Thomas Overbury, oc­casioned thus, You went about an Unlawful Love, designed by my Lord of Northampton, op­pugned by him under pretence of Friendship, though in truth that was not the occasion, but his Unwillingness to have any Partners in your Favour besides Himself: For He Himself writes in a Letter to you, That you won her by his Letters; but this impetuous unbounded Fellow, Overbury, first began with Threats, in respect of the communication of Secrets; Here upon this, there grew two streames of Hatred upon Him, one from You, and another from my Lady, but yours of a more nigher nature; for your self confessed, That he had such hold of you He might overthrow you. There was a third stream besides these, and that came from my Lord of Northampton; And from you three O­verbury was concluded Filius Mortis.

Now how this should be executed, the means for that was now to be thought on; And for that there was but two Ways, Violence or Poyson.

The first was attempted, but that failing, you fell upon the second, how should that be effect­ed? If he had been abroad, or at liberty, you know he had too jealous a Head to be easily entrapped; what then was to be done one way, but was to be cooped up? but how must that be done? There, my Lord, you plead a pefidi­ous part by your Plot: OVERBURY was [Page 122] designed for an Honorable Employment beyond the Sea, and disswaded by you, animating him to refuse the Kings Command; upon this, for his contempt he is committed to the Tower; when he was there must he have the liberty of the Ayr? No; He must be committed close Prisoner, that you might the bet­ter compass your desires. There you had him fast, there was no avoyding of it, but death must be his bane.

Now for the knitting up and connection of these things, If you had not a Lievtenant to your hand, and an Under-Keeper for your purpose, all was but in vain; and so you ordered it: for Overbury had not been five days in the Tower, but VVade was dis­patched, Elvis put in, Caris his old Keeper put out, and Weston his Poysoner put unto him. And though the placing of Sir Iervise Elvis was consulted in ten days before his Imprisonment, yet all was resolved and done within five days after.

Now for the last Act of the Tragedy; When he was there, and close Prisoner, none of his Friends might come to him, neither Father, nor Kindred, nor his Servants, nor none but his Poysoner. Now Frank­lin was sent for, he must buy Poysons, not such as would quickly kill him, but by degrees, to avoyd all suspicion. And then there was nothing came to him, Salt, Sauces, Tarts, Medicines, Glysters, that were not poysoned. All the Petitionary means that were either made by him or his Friends, for his Liberty, were stopped, though entertained by you my Lord of Somerset; You used him as Fortune-Tellers do poor people in the Country, hold them in a Tale while they steal away their purse. Now my Lord of Somerset, for the distributing of it into parts, and ap­plying the evidence to make you guilty, we will [Page 123] Prove it by matter precedent, present, and subse­quent.

First, There was a mortal hatred on your part a­gainst Sir Tho. Overbury.

Secondly, You used the means to expose him to the Tower, and there to keep him close Prisoner. After these two I will follow the Proofs my self.

Now for matter present, That your hand was in poysoning Overbury, directed, delivered Poysons, thirsted after the news; The prosecution of this I leave to speak of. After his death you took the course that every guilty man would do in such a case, sup­pressing Testimony, Letters, and going about to get a pardon.

Now for a hate of Sir Tho. Overbury, together with a fear of his revealing of secrets; You made a vow that he should neither live in Court or Country, that if he came out of the Tower one of you two must dye. Now of Overburies part he writes to you, That if he dye, your shame shall never dye; prays God you repent not the neglect of him in that place from whence he writes to you. Now by way of exclusion you cannot alledg, That this your hatred to him, and plotting his Commitment, was in respect to your Wife; why then did you not suffer him to go beyond Sea? No, the bargain was made, the poysons were ready; there were some secrets, together with your malice towards him, was so great, that there was no safe course for you, in your opinion, but this death.

And for the producing of my proofs I will use this course; Those Examinations that have been taken upon Oath shall be here read, the witnesses also I have caused to be here, that they may be sworn, and to justifie or deny what they hear read; and to di­minish or add to their Examinations: And beside, [Page 124] that you my Lord of Somerset, and you my Lords the Peers, may ask them what further questions you please.

Tho. Payton, Sir Thomas his Servant: He saw a Letter of his Masters, whose hand he knew to be my Lord of Somersets, wherein were these words, If I dye, my blood lie upon you. And in that or another Letter there was this clause, You are now as good as your word, you have kept your vow to me; Moreover, that in the privy gallery in Whitehall my Lord of Somerset coming late to his Chamber met there with Sir Tho. Overbury; How now, says my Lord, are you up yet? Nay, answered Sir Thomas Overbury, what makes you here at this time of the night? Will you never leave the company of the base Woman? and seeing you do so neglect mine advise, I desire that to morrow morning we may part, and that you will let me have that portion you know is due to me; And then I will leave you free to your self, to stand upon your own legs.

My Lord answered, His legs were strong enough to bear himself, and so departed in great displeasure, and to his knowledg they were never perfectly re­conciled again: And being asked how he heard this discourse, He said, it was in the dead of the night; and he being in a room within the Gallery, heard all that passed.

I acknowledge every part of this Examination to be true, and more, That my Master being in the Tower, he sent a Letter by Weston to me to carry to my Lord; and more, to deliver my Lord this message, That the powder he had sent him made him very sick, and gave him in one night sixty stools, be­side [Page 125] vomits. This Letter I carryed to the Court, and delivered to Mr Rawlin to carry in to my Lord, who was then in his Chamber. My Lord presently came out and asked me how my Master did, I told him, ve­ry sick; and withall this message, and how the Phy­sick had wrought with him; My Lord smiled, and said, Pish, and so turned him away.

Lawrence Davis, Sir Thomas Overburies Servant, Saith, That he hath heard his Master say, that he would have gone Embassador, but that my Lord of Rochester disswaded him; He hath seen some Letters of Sir Thomas Overburies, wherein he wrote, My Lord of Rochester was even with him; but he thinks he never saw those passages.

I pray you my Lords note; He says, I never saw the passages.

It is true, those Letters were lost, but easier found by him who knew his Master Sir Tho. Overburies hand.

How did you know these Letters were sent from him to my Lord of Somerset.

It is true that those letters were lost, but after found by him who knew his Master Sir Tho. Overburies hand.

They were found in a Cabinet amongst some other things left in Trust by my Lord of Somerset with Sir Robert Cotton, who fearing searches delivers them to a Friend of his in Holborn, one Mi­striss Farnforth; she, to the intent they might be safely kept, sent them to a Merchants House in Cheapside, where some seven Moneths before she had lodged, and desires they might be safely kept for her, pretending they were some Writings which con­cern her Ioyature. On Saint Thomas day she her self comes to have them again, saying, she must carry them to her Councel to peruse: If you will, suffer me to open it before you (says the Merchant,) and that there be nothing else, you shall have them. But she by no means would consent to the breaking of it open: Then he answered, It is a troublesom time, I will go to the Lord Chief Iustice, and if he finde no other Writings but such as concern you, you shal have them again. So coming to my Chamber, and not finding me within, (for I was gone to Pauls to the Sermon) He went to my Lord Zouch, one of the appointed Commissioners for this Cause, who he himself would not break it open, but came to Pauls to me, and in a by-room brake it open, and found in it many Letters, which were disadvantagious to my Lord of Somerset.

These matters being made evident, need no fur­ther to be amplified; For my Lord, As it is a prin­ciple in Nature, That the best things are in their cor­ruption the worst; And the sweetest wine makes the sharpest Vineger; So fell it out with my Lord of [Page 127] Somerset and Sir Thomas Overbury, that this access (as I may call it) of Friendship ended in mortal hatred on my Lord of Somersets part.

The Indictment being found, my Lord High Stew­ard, confirmed with the Opinion of the other Judges, did pronounce the Sentence of Death upon my Lord of Somerset, and so the Court dissolved.