THE LIVELY portraiture OF SIR THOMAS OVERBURY.   

A man's' best fortune or his worst's a wife:  
Yet I, that knew nor marriage peace nor strife,  
Live by a good, by a bad one lost my life.   

A wife like her I writ, man scarce can wed:  
Of a false friend like mine, man scarce hath read.  
Laur: Lisle excud.    

A True and Historical RELATION Of the poisoning of Sir Thomas Overbury.  
With the several Arraignments and Speeches of those that were executed thereupon.  
Also, all the passages concerning the Divorce between ROBERT late Earl of Essex, and the Lady FRANCES HOWARD: with King James' and other large Speeches.  
Collected out of the Papers of Sir Francis Bacon, the King's attorney-general.  
LONDON, Printed by T. M. & A. C. for John Benson and John Playford, and are sold at their Shops in S. Dunstan's churchyard, and in the Middle Temple. 1651.   

The proceedings which happened touching the Divorce between the Lady Frances Howard, and Robert Earl of Essex.  
THE Lady Frances Howard, before the King's Delegates, Geor. Canterbury, John London, Lanc▪ Ely, Rich. Leichfield and Coventry, Doctor Caesar, Thomas Parry, Daniel Dunne, John Bennet, Franc. James, and Thomas Edwards, authorised under the King's Broad seal, Plaintiffs, in Ian. 1616.  
That she and Robert Earl of Essex were married by public 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 hindered by any ague or sickness, but that he might have carnal 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 years (as time and place did serve) after the fashion of other married Folks, the said Frances Howard in hope of lawful 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 yielded herself to his power, and as much as lay in her offered herself and her body to be known, and earnestly desired conjunction and copulation: And also the said Earl 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 Earl 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 Earl 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 Earls want of ability and impediment formerly mentioned.  
And furthermore, the said Earl long before this Suit commenced, hath very often, and at sundry times confessed in good earnest, before witnesses of good credit, 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 conceal it, if she had not been forced through false rumours of disobedience to the said Earl to reveal 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 Earl of Essex replieth, 5. Jun. 1614  
TO the first and second, he answereth affirmatatively.  
To the third, he thinketh that at the time of his Marriage he was full fourteen years, and is now twenty two and upwards; neither since hath had, or hath any sickness or impediments to hinder him, but that he might have had Copulation of a woman, saving in the time of his sickness of the smallpox, two or three years after the said Marriage, which continued for a month or six weeks, and at another time, when he had few fits of an Ague.  
To the fourth he affirmeth, that for one year he diverse times attempted: that the two other years he did lie in bed most commonly with her, but felt no motion or provocation; and therefore attempted the first year: when he was willing, she showed herself sometimes willing, but other times refused.  
To the fifth, he answereth, that he never knew her carnally, but found not any defect in himself; yet was not able to penetrate into the womb, nor enjoy her.  
To the sixth, he believeth, that before and after the marriage, he hath found an ability of body to know any other woman, and hath oftentimes felt motions and provocations of the Flesh, rending to carnal copulation; but for perpetual and natural impediments he knoweth not what the words meaneth, but that he hath lain by the Lady Frances two or three years, and hath no motion to know her, and believeth he never shall.  
To the seventh, he believeth not that the said Lady Frances is a woman apt and fit for carnal copulation, because he hath not found it.  
To the eighth and ninth, he believeth them both to be true, and thinketh that once before some witnesses of credit, he did speak to this purpose, that he had oftentimes endeavoured carnally to know her, but that he did not nor could.   

The Lord Archbishop his Speech to his Majesty.  
IN as much as we firmly believe that the Scripture directly or by consequence doth contain in it▪ sufficient matter to decide all controversies, especially in things appertaining to the Church, and that Marriage amongst Christians can be no less accounted than a sacred thing, as being instituted by God himself in paradise, honoured by the presence of our Saviour himself, declared by St. Paul to be a sign of the spiritual conjunction between Christ and his Church.  
I would be glad to know by what Text of Scripture either by the Old or New Testament, a man may have a warrant to make a Nullity of a Marriage solemnly celebrated propter maleficium versus hanc: which I do the rather ask, because I find warrants expressly (in the Scriptures) to make a Nullity of marriage, propter frigiditatem, by the words of our Saviour, Matth. 9.12. For there be some which are Chaste or eunuchs, which are so born of their mother's belly, and there be some which are made chaste of men, and there be some which have made themselves chaste for the kingdom of Heaven.  
I would also know gladly, what ancient Father amongst the Greeks or Latins, by occasion of interpretation of Scripture, or any disputation hath mentined maleficium versus hanc.  
The like I demand touching ancient counsels, either General or Provincial, and concerning Stories Ecclesiastical, whether any such matter be to be found in them. If (for aught that appeareth) never mention was made of this until Hercanus Rhemesis Episcopus, who lived 400. years after Christ, it may well be conceived that this was a concomitant of darkness and Popish superstition, which about that time grew to so great an height (God permitting them) that punishment might fall upon the Children of Unbelief.  
But since the light of the Gospel is now in so great a measure broken forth again, why should not I hope that those who have embraced the Gospel should be free from this maleficium, especially, since amongst a million of men in our age, there is not one found in all our Country, who is clearly, and evidently known to be troubled with the same, and if there should be any, which should seem to be molested, we are taught to use two remedies, the one spiritual physic, the other external.  
For the first, our Saviour said, hoc genus demonirum non ejicitur nisi per orationem & jejunium. And St. Peter speaking of the Devil, cui resistite firmi in side: and the Canonists themselves prescribe Alms, Fasting and Prayer, to be used in that case; but that they join Supplication and their exorcisms thereunto: And for corporal medicine to be applied there with, as against a disease. So is the Judgement of our late Divines, whether they speak of Maleficium or not.  
Now admit the Earl of Essex might be imagined to be troubled with maleficium versus hanc, I demand what Alms hath been given, what Fasting hath been used, and what Prayers have been poured forth to appease the wrath of God towards him or his wife; or what physic hath been taken or medicine applied for three years together: Not one of those things, but the first hearing must be to pronounce a Nullity in the Marriage; of which Declaration, we know the beginning, but no mortal man's wit can foresee the end, either in his person, or in the example.  
The Archbishop for Confirmation of this opinion showed the testimony of Beza, Melancthon, Perillus, Hemingus, Pollanus, Feriterius, and Gautius.   

The King's Answer.  
TO the first Article, That the Scripture doth directly or by consequence contain sufficient matter to decide all controversies, especially in things appertaining to the Church, this is in my opinion proposites, and one of the Puritans arguments, without a better distinction or explanation.  
For the Orthodox proposition is, that the Scripture doth directly or by consequence contain in it sufficient matter to decide all Controversies in points of Faith and Salvation; of which sort a nullity of marriage cannot be accounted, and therefore your consequence upon the Proposition must fail. For satisfaction of your following Question, I say, your second question doth answer it: if there be warrant in Scripture for pronouncing a Nullity propter frigiditatem, than all the means which make him frigidus versus hanc, must be comprehended therein: for, why doth our Church justly condemn the Marriage of a man with his sister's Daughter, or the marriage of two Sisters, but a paritate rationis, for none of them is in terminis prohibited by Scriptures, only the construction is gathered a paritate rationis: for if it be not lawful to marry your father's Wife, because thereby you discover your father's shame; nor his Sister, because she is his Kinswoman; nor your own Sister, because thereby you discover your Father and mother's shame; it can no more be lawful to marry your sister's Daughter, for thereby you discover also your own shame, as also the same reason serves for ascending or descending in points of Consanguinity, Quia par est ratio.  
The like is in this case: for although Christ spoke only of three sorts of eunuchs, yet ratio est quia non potest esse copulatio inter Eunuchum & muli●rum; and therefore St. Paul in the 1. of Cor. v. 7. telleth us clearly, that it is not conjugium sine copulatione: I conclude therefore, à paritate rationis, that Christ did comprehend under these three sorts all inability, which doth perpetually hinder copulationem versus hanc: whether it be natural or accidental, for what difference is there between cutting off the hand, and being made impotent thereof? Amputatio & mutilatio membri, is all one in the Civil law; and it is a little defrauding of the woman, when either he who is to be her Husband is Gelded, or when the use of that member towards her is by any unlawful means taken from him: neither is it any way needful to crave the particular warrant of the Scripture for a Nullity, no more than of warranty in that place for any Nullity at all: For Christ doth not directly say, that a marriage so married shall be Nullified, neither doth he teach us what form of Process shall be used, in that neither makes he mention of the triennial probation, no more than he forbiddeth marrying within the fourth degree without leave obtained of the Bishop of the diocese: It is then sufficient for all moderate examinants to be taught out of the Word of God, that marriage is nulla sine copula; and that word, quos Deus conjunxit, is never found in Scripture where durant ius doth not proceed (viz.) they two shall be one flesh.  
But whether the impediments be universal, or versus hanc only, or whether the fault thereof hath been born with him, or done to him by violence, or fallen to him by disease, or disproportion or inaptitude betwixt the persons, or unnatural practices, that is ever par ratio, he is Eunuchus versus hanc, & omnes alias, seeing to her only was he married.  
Then paritate rationis, such nullities are grounded upon the foresaid warranty of Scripture; neither hath Christ any occasion to speak of Jews marrying, concerning maleficium versus hanc; for although it be apparent that God made King Abimelech and his servants unable to abuse Sara Abraham's wife, and so was made by God himself Eunuchus versus hanc, and that be not improbable, that the Devil being God's Ape, should imitate God's works by his filthy witchcraft by making such as God will permit unable versus hanc; howbeit, it be very probable that it was long after that the Devil put that trick upon the earth.  
As for the third and fourth questions, what mention the Fathers and Councils do make of maleficium versus hanc. I answer, that it may be (if they were searched) that either something to this purpose in them, or at least aliquid analogum, with à paritate rationis, or by consequence, may serve to decide the question.  
But leaving this to search, my main answer, is, that we must distinguish of times: for in all the first ages as long as persecution lay heavy upon the Church, & before the Empire Christian, the Church did not meddle with any thing which drew a consequence after it of possession or inheritance, as marriage doth. Nay, even divers hundred years after the Conversion of the Emperors, the judgement and disposition of all such questions did still remain in foro civili, until the popedom began to wax great, and to assume, or rather to usurp to herself a supreme and independent Judicature in all Ecclesiastical Causes; and therefore the Fathers and the Councils had no occasion to make mention of that which was not prefori at that time.  
And besides, that is an evil argument to say such a thing is unlawful, because the the Fathers and Councils make no mention of it: for you know much better than I, divers and many Points betwixt the Papists and us are never mentioned by the Fathers, because that they could never have dreamed that such questions would arise, and therefore are the Fathers exact only in such questions, as were agitated upon the stage in their time, as de Trinitate, de Duabus in Christo naturis, and such like; and therefore sufficient, that there can be nothing found which may justly be understood to contradict this opinion: and it is very probable (I say) before that, this trick of maleficium had not been put in practice in the world; and therefore not known or mentioned by them. For why may not the Devil as well find out new tricks of witchcraft (when God will permit him) as he doth daily new Sects and Heresies? for his malice can never end until the end of times.  
To the fifth Argument my former question doth also serve, for till the four hundred year after God (it may be) that devilish trick came never to be discovered; you know the old Proverb, Ex malis moribus bonae leges; and it is not unlikely, that that time of darkness gave the devil occasion to devise such new tricks, (look my demonology) and yet was that law for which you cite Ibircanus by Charles the Great, who in many great points (as you know) had so great light as I do scarce term this time a time of blindness; but how great soever that darkness was in point of Superstition, I will still maintain as I have ever done, that for matter of order and policy, all the world shall never be able to find out any so good, and so old an order of Government to be put in the place of that; in sign whereof there is no well governed commonwealth in the Christian world wherein the Common-law is not received to judge in questions of that nature. And it is certain that this question now in hand is only a question of order and policy, for the ground of this question, that the essential point of Matrimony cannot be accomplished sine copula, is warranted by Scripture, and warranted by yourself.  
To your sixth Argument, or rather hope, I fear that hope shall prove contrary to faith; for as sure as God is, there be devils, and some devils must have some power, and their power is in this world, neither are the elect exempted from this power: Job was not, St Paul was not; Christ said to all his Disciples, Crebuerit vos Sathanas: and if the Devil hath any power, it is over their flesh; and if over their flesh, rather over the filthiest and most sinful part thereof, whereunto Original sin is soldered. As God before, and under the Law, to show officii altum of purging man's original sin, the praeputium of the foreskin. And to exempt these of our Profession from the power of witchcraft, is a Paradox never yet maintained by any learned or wise men.  
That the devil's power is not so universal against us, I freely confess, but that it is utterly restrained, quoad nos, how was then a Minister of Geneva bewitched to death? and were the Witches daily punished by our Law, if they can harm none but the Papists, we are too charitable for avenging them only.  
Satan is permitted to punish man as well for the breach of the second, as of the first Table, and therefore are we no less guilty than the Papists are; and if the power of witchcraft reach to our life, much more to a member not so governed by the fancy wherein the Devil hath his principal operation; and he may so estrange the husband's affections towards the Wife, as he cannot be able to perform that duty unto her; for that is a common thing in many men's natures, that they cannot do that thing but where they love, nor fight but where they are angry: God keep us therefore from putting the trial of our Profession upon Miracles; let the Miracle-mongers live by their own Trade.  
To the seventh Argument touching Remedies, what do you know whether both parties, or either of them, have used their means of remedy or not? and that special remedy should be used publicly? for than I can see no necessity, for non interest reipub. nec ecclesiae, and private persons are commanded to their fastings, and their alms secretly and in private; no such cure also is likely to succeed well, except the parties own hearts and desires be set thereupon.  
And as for your conclusion upon the incommoda, whether upon his person or the example, I can see none in either, so as to the couple between the marriage was never accomplished; truly they will peradventure both of them by the Declaration of the Nullity be made capable to accompish Marriage with others, which they could never do between themselves, wherein they may have the satisfaction of their hearts, and enjoy the blessing of Procreation of Children. And as for the Example, the Law should be fulfilled, with due administration of Justice, which cannot serve for an example or precedent of a counterfeit Nullity hereafter: authoritas facti, or rather non facti sed luce clarior in this case; besides the many probations, and confessions of the parties which have been taken in this process: whereas by the contrary if they shall be forcibly kept together, their names and shadows may be kept together, but never their persons or affections, and they still be forced to lie in perpetual scandal and misery, or both; and what such a kind of forced continency may avail, the Monks continency may teach us. And for a precedent in time to come, that reacheth no further than 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 concern 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 triennial probation, I hope no man can be so blind 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 blindness, 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 guess what your intent was in sending them to me, for they all agree in terms of my opinion; but there is such a thing as Maleficium & maleficial versus hanc: And your very interlude 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 satisfy your doubts, I will end with our saviour's 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 Lady's 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 affirm 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 again.  

The Commissioners that gave the Sentence.  
Bishops Winchester.  
Bishops Ely.  
Bishops Coventry and Lichfield.  
Bishops Rochester.  
Doctor's Sir Julius Caesar.  
Doctor's Sir Thomas Parry.  
Doctor's Sir Daniel Dunne.   

Commissioners dissenting.  
Bishop's Arch. B. of Canterbury.  
Bishop's Bishop of London.  
Doctor's Sir John Bennet.  
Doctor's Fran. James.  
Doctor's Tho. Edwards.     

The proceedings against Richard Weston, at his Arraingment at Guildhall, Novem. 19 1615. before the Lord Maior, the Lord Chief justice of England, and three other justices of the King's Bench, Crook, Dodrige, and Hanton, and sergeant Crew another of the Commissioners.  
THE Court being set, the King's special Commission being read, the Lord chief Justice gave the Charge; the effect whereof was, First, to express the King's pious inclination and command unto just proceedings against all such as should be any way proved to be guilty of the murdering and poisoning of Sr Tho. Overbury, his majesty's prisoner in the Tower.  
Secondly, to aggravate the manner, and quality of the murder, in showing the baseness of poisoning above all other kinds of murder; declaring the vengeance of God, and his justice in punishing the offenders; he alleged Gen. 9.6. Quicunque effunderit humanum sanguinem effundetur sanguis illius, ad Imaginem quippe factus esthomo: He also took the example of Urias by David; he therein observed how adultery is most often the begetter of that sin.  
Then he declared that of all Felonies, murder is the most horrible; of all murders, poisoning the most detestable; and of all poisoning, the lingering poisoning.  
He showed how by an Act of Parliament, 22. H. 8, 9 it was made Treason, and that wilful poisoners should be boiled to death, rehearsing the example of one Richard Rouse that had poisoned a man and woman, and was therefore scalded to death.  
Then he laid open to the Jury the baseness and cowardliness of poisoners, who attempt it secretly, against which there is no means of preservation or defence for a man's life; and how rare it was to hear of poisoning 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 poison in what distance of place they please by consuming the Nativum calidum, or humidum radical, in one month, two or three, or more as they list, which they four manner of ways 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 greatness of any that upon their evidence should appear to be guilty of the same offence, comforting both Judge and Jury with the Scripture, Psal. 5.8. fin. For thou Lord wilt bless 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 hour depart from the Court into a private room, where they received their evidence from Mr. Fanshaw his majesty's Coroner, and his highness' council prepared and instructed for that purpose, with the examinations and confessions as well of the Prisoner himself, as of divers witnesses before that time taken by the Lord chief Justice of England, and others of the Lords of his majesty's council.  
In the mean time Mr. William Goare sheriff of London, was commanded to fetch his Prisoner remaining in his house, to be ready in Court for his Arraignment: So a certain 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 years, not having the fear 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 sickness and diseases, but also deprive him of his life: and to bring the same to pass, the ninth of May 1613. and in the eleventh year of his majesty's reign, at the Tower of London in the Parish of All-hallows Barking, did obtain and get into his hands certain poison of green and yellow colour, called Rosacar (knowing the same to be deadly poison) and the same did maliciously and feloniously compound and mingle with a kind of Broth poured into a certain dish, and the same Broth so infected, did give and deliver to the said Sir Th. Overb. as good and wholesome Broth, to the intent to kill and poison the said Sir Tho. Overb. which broth he took and did eat.  
Also the said Weston upon the first of July, an. 11 reign aforesaid, did in like manner get another poison or poisonous powder, called white-arsenic, and knowing the same to be deadly poison, did give unto the said Sir 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 July following, did get another poison called Mercury sublimate, knowing the same to be mortal poison, and put and mingled the same in Tarts and Jellies, and gave the same to the said Sir Tho. Overb. as good and wholesome to eat, which he in like manner took, and did eat.  
Also the said Weston, and another man unknown (being an Apothecary) afterwards upon the fourteenth of Decem. feloniously did get a poison called Mercury sublimate, knowing the same to be deadly poison, 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 Sir Thomas; & that Weston was present and aiding to the said Apothecary in ministering & infusing the said Glister; and immediately after Sir Th. did languish, and fell into diseases & distempers, and from the aforesaid times of taking and eating the said poisoned meats, and ministering the said Glister, he died. And so the Jury gave their verdict that Weston in this manner had killed, poisoned, and murdered the said Sir Tho. Overbury, against the King's peace and dignity.  
Which Indictment being read, he was demanded if he were guilty of the felony, murdering and poisoning 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 tried, he answered. He referred himself to God, and would be tried by God, refusing to put himself and his cause on the Jury or Country according to the Law and custom.  
Hereupon the Lord chief Justice, and all other in their order, spent the space of an hour in persuading him to put himself upon the trial of the Law, declaring unto him the danger and mischief he runs into by resisting his ordinary course of trial, being the means ordained by God for his deliverance if he were innocent; and how by this means he should make himself the author of his own death, even as if he should with a knife or dagger kill or stab himself; exhorting him very earnestly either with repentance to confess his fault, or else with humility and duty to submit himself to his ordinary trial; whereupon he stubbornly answered, Welcome by the grace of God; and he referred himself to God, and so no persuasions would prevail: The Lord chief Justice plainly delivered his opinion, that he was persuaded that Weston had been dealt withal 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 Queen's Attorney there present should declare and set forth the whole evidence without any fear or partiality; and yet notwithstanding, he once more used much persuasion 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 trial, 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 than 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 air being naked.  
And lastly, that he was to be served with the coursest bread to be gotten, and water out of the next sink or puddle to the place of Execution; and that day he had water, he should have no bread; and that day he had bread, he should have no water: and in this torment he was to linger as long as nature could linger out; so that oftentimes they lived in the extremity eight or nine days: adding further, that as life left him, so judgement should find 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 chief Justice willed Sir Lawrence Hide the Queen's Attorney, and there of Counsel for the King, to manifest unto the audience the guiltiness of the said Weston by his own confession, signed with his own hand; and if in the declaration thereof they met with any great persons whatsoever (as certainly there was great ones confederates in that fact) he should boldly and faithfully open whatsoever was necessary, and he could prove against them; whereupon Mr Attorney began his accusation.  
First, he charged the Countess of Summersault and and the Earl to be principal movers of this unhappy conclusion, Mrs. Turner to be of the confederacy, and the pay-mistress of the poisoners rewards; in which I could not but observe the attorney's boldness in terming the Countess a dead and rottten branch, which being lopped 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 Countess, and the ground of this malice he alleged, and by many inducements he evidently affirmed that Sir Tho. Over. had persuaded him from that adulterate marriage of the Countess of Summersault than Countess of Essex, and for this he alleged as followeth.  
Sr Tho. Over. having divers times dissuaded the Earl, than Viscount Rochester, from seeking by any means to procure marrying with the Countess of Essex (to which he saw the Earl too much inclined) having very earnest conference with the Earl one night in private in the Gallery at Whitehall concerning his intendments, perceiving the Earl that time too much to desire that unlawful conjunction; in the ardency of his fervent affection unto the Earl, and great prescience of future misery it would inevitably bring unto him (his well-beloved Lord, and friend) used speeches to this effect: Well my Lord, if you do marry that filthy base woman, you will utterly ruin your honour, and yourself; you shall never do it by mine advice or consent: and if you do, you had best look to stand fast.  
My Lord replied (bewitched with the love of the Countess, and moved with the words of Sir Tho. Over. for slighting her) My own legs are straight, 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 overheard by some in an adjoining room, and their depositions for the truth thereof were read in Court.  
Although this conference moved the Earl to such a sudden choler, yet it seemed Sir Tho. Over. conceited it not to be otherwise then a sudden extreme distemperature, or passion, and not a final conclusion of their bosom friendship; in which the Earl seemed as reciprocal as before, howsoever in his double dealing it seemed to be clearly otherwise.  
For upon this the Earl moved the King to appoint Sir Tho. Over. to be ambassador for Russia: the King willing to prefer Sir Thomas, as one whose worth and valour was yet unknown to his Majesty, accordingly enjoined him that service; the which Sir Thomas was most willing to accept of as a gracious aspect of the King towards him: which willingness of his was proved by the depositions of two or three witnesses read in Court, and by the oath of Sir Dudley Diggs, who voluntarily at the arraignment, in open Court upon his oath witnessed how Sir Thomas had imparted to him his readiness to be employed in an Ambassage.  
The Earl as well abusing the King's favours in moving to show favour, wherein he meant the party should take no benefit, as bearing unhonest friendship in conference with Sir Thomas concerning that employment, persuaded him to refuse to serve ambassador, whereby (quoth he) I shall not be able to perform such kindness 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 harm: 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 Countess 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 Countess' request, commended the said Weston to Sir Jervas 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 Countess of Essex, been a procurer and a Pander to the said Earl Viscount Rochester, and the said Countess of Essex, for the convening and effecting of their adulterate desires, which they did divers times consummate, meeting in Mrs. turner's house once between the hours of eleven and twelve at Hamersmith, and divers times elsewhere for that purpose: so that now by the procurement of the said Countess (who hated Sir T. Overb. for being a means to keep them from contaminating themselves with such lustful embracements, and from the proposed Marriage they mutually laboured to compass) Her Pander was become his Keeper, a fit Agent for Lust and murder.  
Weston now being become Sir Tho. Overb. Keeper, kept him so close, that he could scarce have the comfort of the day's brightness, neither suffered he any one to visit him, father, brother, his best friends, his nearest kindred were strangers to him from the beginning of the imprisonment unto the end.  
Mrs. Turner, upon the first days 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 murder, 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 murderous promise, the very same day Weston became Sir Tho. Keeper, being 6. May, 1613. sent unto him the said Weston certain yellow poison called Rosacar, in a vial; Weston having received that poison 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 showed a resolution to poison him, only fit time and circumstances were to be respected by him. What shall you give him? replies the Lieutenant. Weston replies, As if you do not know Sir. The Lieutenant blaming him, he carries the poison into an inner room, which Weston did administer to Sir Tho. Overb. the 9 May in broth: this was proved both by Weston and the lieutenant's Confession.  
Weston having given this poison, which wrought very vehemently with him by vomits, and extreme 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 poison, growing sick, and daily languishing, after three or four weeks' space considering he had not obtained his freedom and release, having no friends suffered to come unto him, but only 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 as soon 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 June 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 increased: which white powder upon Weston's confession was poison.  
Sir Tho. Overb. his sickness increasing, and with it his wondering that he could not in two months be released after his physic 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, than 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 poisoning, but an unkind forgetfulness of my Lord of Rochester) and so you are indeed; but assure yourself my Lord, if you do not release me, but suffer me me thus to die, 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 Weston confessed) to visit, and comfort him, and entreat him, if he desired any meats, he should speak, and it might better (perhaps be provided for him than he should have any from the Tower. This was three months 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 poisoned with Mercury sublimate, not being so well coloured as other Tarts are; and Weston confessed, that he was straightly charged not to taste thereof.  
Sir Tho. thus continuing languishing and consuming with the extremity of sickness until 6. Septemb. than the aforesaid Mrs. Turner did procure an apothecary's boy for 20. l. to poison a clyster, which was by the boy and Weston afterwards administered as good physic upon 7. Octob. After the receipt of the clyster, he fell into great extremity of vomiting and other purging, which left him not till it caused his soul to leave his poisoned body. This Weston 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 died 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 rheum 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 died 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 virtuous conversation, affirming that he was addicted to no dishonest actions; and from this he proceeded to urge his hard usage in the Tower, where he might have no company but the Apothecary and a Walloon, and repeating the sending of the Tarts and Jellies in my Lord of Somerset's name, and ending his speech with this saying, Pereat unus ne pereant omnes; pereat peccans, ne pereat Respub. Then by the commandment of the Court were read by Mr. Fanshaw the examination of divers witnesses taken before the Lord Chief Justice and others, which in effect was as followeth.  

Lawr. Davis servant to Sir Tho. Overbury examined 15. Octob. 1615. before the Lord Chief justice.  
HE said, that he had served Sir Tho. Overb. eight or nine years, in all which time he was very healthful, and never kept his bed for any sickness, only he was troubled sometimes with the Spleen, for ease whereof he had by the advice of his Physician an Issue made in his left arm, but before his imprisonment he had no sores, blisters, or other defects in his body. Also he saith, Sir Tho. would have gone over upon the Embassage, but was dissuaded by Summersault, who promised to bear him out. He complained, he needed not to be a prisoner, if Somerset would; and if he died his blood should be required at his hands: That Somerset was as good as his word, who told him at Newmarket he would be even with Sir Tho. Overb.   

Henry Payston another servant of Sir Tho. Overb. examined, 15. Octob- 1615.  
HE affirmeth, that Sir Tho. was of a very good constitution of body; that he used sometimes to run, to play at foils, and such like; that he was of a moderate diet, never had any sores saving the said Issue in his arm; that Sir Tho. wrote Letters to Somerset, signifying he needed not to lie in prison if Somerset would, and if he died, his blood should be required at his hands; also that Sir Tho. at one of the clock at night meeting Somerset in the Gallery at White-hall, had speeches with him touching the Countess, whom he called base woman, and told Somerset he would overthrow all the King's favours and honours: and upon displeasure between them at this conference, Sir Tho. desired Somerset he might have his portion due, and he would shift for himself, whereunto Somerset answered, And my legs are strong enough to carry me, and so flung away in an anger; all which this examinant heard, being in a chamber next to the Gallery.  
Sir Dudley Diggs being present in Court, and sworn, declared Viva voce, that he was sent by a privy-counsellor a great man to Sir Tho. Overb. to bring him to this great man, which he did, and coming back together over the water in a Boat, Sir Tho. was much discontented, the reason whereof he said was, that he was persuaded by the great man to withdraw himself from the Court for some reasons which he disclosed; not and Sir Dudley being sent afterwards by the Lords to know the resolution of Sir Tho. touching the Embassage, he found him to rely upon my Lord of Somerset, saying, My precious Chief knows the King's mind better than any, and I the mind of my precious Chief.   

Richard Weston the Prisoner 6. Octob. coram Cook & Crew.  
HE affirmeth, that before Sir Tho. was in the Tower, he this examinant carried three Letters to Somerset for the Lady Essex, to Royston, Newmarket, and Hampton-Court, and he delivered answer to Mrs. Turner, and that upon the Letter to Hampton-Court he had answer by word of mouth, only that his Lordship would come; and that coming back he met with the Countess and Mrs. Turner half way, in the Coach, whom he told that the Lord only answered so, whereupon the Countess struck out of the way into a farmer's house hard by, whither within a little space Summersault came; and that afterwards they met in the night at Mrs. turner's house in Pater-noster-row; and he confesseth, that of a year before Sir Tho. his imprisonment no man carried Letters between them but he.   

Sir Tho. Monson, 5. Octob. coram Cook & Crew.  
HE saith, that he never knew Weston until Sir Tho. Overb. was prisoner in the Tower, and that he preferred him to the Lieutenant to be Keeper to Sir Tho. Overb. at the request of the Countess.   

Anne Turner widow examined 11 Octob. 1615. coram Cook.  
SHe saith that Weston was an ancient servant, and her husband's bailiff in the Country: she denieth to have any thing to do in placing him in the Tower; but saith the Countess of Essex did effect it, and used the help of Sir Tho. Monson therein.   

Sir Jervas Elvis examined 3. Octob. 1615. coram Cook & Crew.  
HE saith, that he had a letter from Sir Tho. Monson, requesting him that Weston might be Keeper to Sir Tho. Overb. and that he did perform it; and afterwards having conference with Sir Tho. Monson, told him that his Keeper was not to suffer any letters or tokens to be delivered to him.   

Richard Weston the prisoner examined again.  
HE confesseth he showed the glass that was delivered him by his son from the Countess, to the Lieutenant, and told him it came from the Countess of Essex, and that he persuaded him not to give it to Sir Tho. Overb. and saith he had divers Tarts from the Countess to give to Sir Thomas, with Caveats that himself should not taste of them, and confesseth he thought they were poisoned. He saith Mrs. Turner appointed him to come to Whitehall, and that she dealt with him to give Sir Tho. Overb. the water, and told him he should not drink thereof, and promised him a great reward, and he suspected it was poison; his son afterwards delivered him the glass which he showed to the Lieutenant, who rebuked him; and so he set the glass in a study near to Sir Thomas his chamber, but gave it him not, although he told Mrs. Turner the next day he had given the water, which made Sir Thomas to vomit aften, and to be exceeding sick. He saith Mr. James, and Mr. Rawlings, servants to the Countess, came often to know of this Examinant how Sir Thomas did, and what he would eat, and they delivered him Jelly and Tarts, which he gave to Sir Thomas who did eat thereof. He saith he demanded of Mrs. Turner his reward, who answered, he was not to have his reward until Sir Thomas was dead, and that he was promised a pursuivants place, but confesseth that afterwards at two several times he received secretly after the death of Sir Thomas for a reward by Mrs. Turner, from the Countess, 180 li.   

William Weston, son to the prisoner examined.  
HE confesseth he received a glass from the Countess by her servants two inches long, being wrapped in a paper, which he delivered to his father in the Tower.  
Then was read the confession of the Lieutenant to the King, that Weston met him, carrying Sir Thomas' supper in one hand, and the glass in the other, and demanded of the Lieutenant thus; Sir, shall I give it him now? whereat the Lieutenant stepped to him, and asked him what? to which Weston said, why, know you not what is to be done? and so the Lieutenant having made him to confess the matter, dissuaded him, and he seemed to be resolute not to do it; and afterwards this Weston confessed to the Lieutenant an Apothecary had twenty pound for ministering a Glister to Sir Tho. Overbury.   

Weston the prisoner examined before the Lord Zouch, and others.  
COnfesseth, that Sir Thomas had a clyster which gave him sixty stools and vomits: also being confronted with the writings of Sir Ier. Elvis, and charged therewith, confesseth the same to be true.   

Simon Marson musician examined.  
SAith he served Sir Tho. Monson six years, and was preferred by him to the King's service, but waited sometimes upon Sir Thomas Monson: he saith he received divers Tarts and Jellies from the Countess of Essex, to be carried to the Lieutenant of the Tower for Sir Tho. Over.   

Paul de la Bell examined.  
SAith, that the third of July, he made Sir Tho. Over. a Bath by Dr. Micham advice to cool his body, and he saw his body exceeding fair and clear; and again, he saw his body (being dead) full of Blisters, and so consumed away as he never saw the like body.   

Giles Rawlings a kinsman of Sir Thomas Overbury examined.  
SAith, upon the bruit of the murder of Sir Tho. he was taxed by some why he made no prosecution; he thereupon made a Petition, and delivered it to the King, that the examination of the cause might be referred to the judgement of the Law, and denieth that he was persuaded by any to the contrary. He saith, that he coming often to the Tower to see Sir Thomas, could not be suffered to see him so much as out of the windows, and Weston told him it was the commands of the council, and the Lieutenant.   

The Lieutenant of the Tower examined.  
HE saith, that after the death of Sir Thomas, Weston came to him and told him, he was much neglected and slighted by the Countess, and could receive no reward; but afterwards he confessed he had received a hundred pounds, and should receive more: and the Lieutenant also saith, that Sir Thomas was very angry with his apothecary at certain Vomits which he had; and also that the Tarts and Jellies which he had, would be found within a day or two standing ill coloured; and that nobody did eat thereof but Sir Thomas: and Weston confessed to him that an apothecary had twenty pounds for ministering the clyster. These examinations being read and applied to the purpose, the Lord Chief Justice said he would discharge his duty first to God, in giving all glory for the bringing to light of so horrible and wicked a fact; and next to the King (his great Master) who as in case of the like nature, in the case of Zanq. and Turner, so specially in this case hath given given straight charge of due and just examination to be had without any partiality or fear of the world; to the intent as well the innocent might be free, as the nocent and guilty severely punished.  
And for this purpose, his Majesty had with his own hand written two sheets of paper on both sides, concerning Justice to be administered to all persons which were to be examined; which writing the Lord Chief Justice showed to the Lord Maior, and the rest of the Commissioners: and then he declared the King's justice, who albeit the many favours and honours which his Majesty had bestowed upon the Lord of Somerset, and his nearness to his person by reason of his office; yet he had committed him prisoner to the Dean of Westminster under the custody of Sir Oliver, & Sir John; and also had committed his Lady: so having last of all demanded again of the prisoner, if he would put himself to be tried by the Country, which he refused; the Court was adjourned until Monday following at two of the clock in the afternoon.   

The second Arraignment of Richard Weston.  
ON Monday the 23 Oct. 1615. to which day the Court was adjourned by the said Commission; afer Proclamation made, the Jury of life and death called the prisoner, Weston was set to the Bar, and Mr Fanshaw Clerk of the Crown, declared to him that he had been formerly arraigned, and pleaded not guilty: so he demanded of him how he would be tried? whereunto the prisoner answered, by God and his Country; and thereupon the Jury being sworn, the Indictment being read, as before, Sir Lawr. Hide the Queen's Attorney, being of the council for the King, having briefly rehearsed the effect of the Indictment, showed how that he must necessarily mention others that were guilty of the same fact, wherein if any other man were touched, their cause it was, and not he that touched them.  
And therefore Weston 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. showed his familiarity with the Lord of Rochester, and how he often willed him to forbear the company of the Lady Essex, terming her a vile and base woman, which stirred up the anger and malice of the Countess 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 persuaded by Rochester to disobey the King's 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 being 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 Countess, 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 only agent in conveying letters and messages between Roch. and the Countess; and he whose office should have been to save and keep, was now appointed to kill and murder him.  
He showed how the very same day of his entertainment at the Tower, he was sent for to the Countess, 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 bade him not taste of it himself.  
And that the ninth or May aforesaid, the said water was secretly sent from the Countess to Weston by his son; and the same night Weston meeting the Lieutenant, with Sir Thomas' supper in one hand, and the glass in the other, he demanded of him, Sir, shall I give it him now? whereupon the Lieutenant took him aside, and dissuaded 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 poison; and albeit he now denyeth he ever gave the poison, 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 showed, 30. June following a certain powder was sent in a Letter to Sir Tho. from Roch. persuading 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 ministered the clyster to Sir Tho. which gave him 60. stools and vomits, and that he died the next day, remembering the botches and blisters on his body being dead. He showed how Weston came to Mrs. Turner for his reward, which was deferred 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 remembering 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. war only added thus much, which he desired the Jury to consider, that Weston 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 poisoned, he stays 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 equal 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 threatening, 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 arsenic, Mercury sublimate, yet Jury were not to expect so precise proof in that point, showing how impossible it were to convict a poisoner, 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 murdering 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 staff; in this case the instrument skilleth not, so that the Jury find the murder; and so in the prisoner's case, if they would be satisfied of the poisoning, it skilleth not with what, therefore he required them to attend the proofs.  
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 Weston himself formerly read; the examination of Sir David wood taken the 21. Octob. 1615. since the first Arraignment. He saith he had obtained the King's 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 persuaded him to kill him, and promised him for his reward— and protection from his enemies, which he refused, saying, He would be loath to hazard going to Tyborn upon a woman's word; but she still persuaded him he might easily do it, as he returned late home from Sir Charles Wilmot's in his Coach.   

Then were read the Examinations of Sir Tho. Monson and Mrs. Turner, as at the first Arraignment.  
NExt, the Examination of Weston before the Lord Zouch, Sir Ralph Winwood, Sir Tho. Parry, and Sir Foulk Grevill, at the duchy 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 which Sir Ier. Elvis had made to the King, as touching Sir Tho. Overbury, he confessed the same to be true.   

The Examination of the Lieutenant, taken 5. Octob. 1615.  
HE saith, that having conferred with his servants about the time of Weston's coming to the Tower, he found it to be the very next day after he was made Lieutenant, and had possession of the Tower, and that he had Letters from Sir Tho. Monson that Weston might be Keeper to Sir Tho. Overb. which Letters he hath lost; and Sir Tho. Monson told him the chief purpose of Weston's keeping Sir Tho. Overb. was to suffer no Letters or other message to pass to or from, and to that purpose he advised the Lieutenant.   

Weston's Examination, 5. of October, 1615.  
HE confesseth, that the next day he was preferred to the Tower, he had the keeping of Sir Tho. Overb. and soon after he received the glass by his son secretly from the Countess, and that the Lieutenant told him all the Tarts came likewise from her; and he confesseth, that the Countess willed him to give them to Sir Tho. but not to taste of them himself.   

Weston examined, 1. Octob. 1615.  
COnfesseth, that Mrs. Turn. appointed him to come to White-Hall to the Countess the next day that he was at the Tower, and that he went, and that the Countess did request him to give Sir Tho. Overb. what she should deliver him, but not to drink of it himself; she promised to give him a good reward, and he suspected it was poison, and he received the glass by his son, and told the Lieutenant of it, who did rebuke him; and he set the Glass in a little study. He confesseth he told Mrs. Turner he had given it him, and demanded his reward. That Mr. James and Mr. Rawl. my Lord of Somerset's men came often to know of him what Tarts, Jellies, or Wine Sir Tho. would have, and they brought divers times Tarts and Jellies, whereof he did eat.   

The Confession of the Lieutenant to his Majesty. Your majesty's servant Sir Jervas Elvis.  
AFter Weston was placed in the Tower, he met with me with Sir Tho. supper and the glass, and asked me, Sir Shall I give it him now? wherein I protest unto your Majesty my ignorance, as I would also be glad to protest the same to the world; so I privately conferred with Weston, and by this means made him assured unto me, and knew all, but dissuaded; and as Weston hath since the death of Sir Tho. confessed unto me, that the clyster was his overthrow, and the Apothecary had 20. l. for administering it.  
Here the Lord Chief Justice observed by this question of Weston to the Lieutenant, Sir shall I give it him now? that it was presently agreed and plotted before what should be done, and that nothing more was doubted on, but the time when it should be done.   

The testimony of Lawrence Davis, taken upon Oath before Cook and Crew.  
HE affirmeth that Weston delivered him a Letter from Sir Tho. Overb. to Roch. the effect whereof was, that he would do his endeavour in being a means of friendship between Roch. and some others, but as touching the Marriage with the Countess of Essex, he would never give his consent: and also bringing a Letter from Roch▪ to Sir Tho. Monson, he delivered it to Weston, and a paper of white powder fell out, which Roch. persuaded Sir Tho. Overb. to eat, and not to fear, though it made him sick, for that should be a means for his enlargement, so they put the powder into the Letter again: He saith, he saw some part of the powder in Weston's hand after the death of Sir Tho. Overbury.   

The Examination of Simon Weston and Paul de la Bel as at the first Arraignment, and Giles Rawlings Esquire, 15. Octob. 1615.  
SAith, that upon the bruit of poisoning of Sir Tho. Overb. being taxed of divers for that he stirred not in the matter, Sir Tho. being his kinsman, and means of his preferment, he did of himself prefer a Petition to the King, that the cause might be referred to the Judges of the Law for ordinary course of Justice, rather than to the Lords of the council, by them to be examined; of which he had a gracious Answer, and saith, that of 14. days before the death of Sir Tho. he could never be suffered to see him either in his chamber, or out of the window, which Weston said was the commandment of the Lords and the Lieutenant.  
And here the Lord Chief Justice observed what a scandal they put upon his Majesty and the State, that a Gentleman and a freeman being only committed upon contempt, should more straightly and closely be kept then a traitor or Bondslave, so that neither his father, brother, or friend might possibly see him: and to that point Mr. Overbury, father to Sir Tho. swore, being present in Court, who said that his son being prisoner in the Tower, and himself not being suffered to have access unto him, he found at last that Roch. was the man that withstood it.   

The lieutenant's Examination, the 5. of October.  
SAith, that after the death of Sir Tho. Overb. Weston told him that he was neglected by the Countess, and demanding his reward, Mrs. Turner told him the Countess had no money; but afterwards he confessed he had received some, and should receive more. That Mr. James told him, Summersault would reward him for the pains he took with Sir Tho. He saith the Tarts were sent from the Countess to Sir Tho. which looked ill-favouredly, and the Jellies with a little standing would be furred, and thinketh they were poisoned. Also Weston told him that the Apothecary had 20. l. for giving the clyster, and that he was poisoned with the clyster.  
Hence was observed as well by the Court as the Queen's Attorney, that Weston was not single in his Confession; but whensoever he had confessed any thing in any of his Examinations, it was likewise confirmed by the Examination of others, as the Lieutenant and his son.   

The Examination of William Goare, one of the sheriffs of London.  
SAith Weston being in his custody, he often persuaded him to put himself to be tried by his Country, Weston telling him he would first kill himself, and ask God forgiveness afterwards: and said, he hoped they would not make a Net to catch little birds, and let the great ones go.  
Then Mr. War craving leave of the Court to speak, pro●●●●● conscience he never found a business prosecuted so by degrees, which were the ground of Sir Tho. his overthrow; he urged the evidence in the examination of Sir David wood, and showed the reasons of the malice against him to be, for that he was so great an impediment to affections: then he made the dependency Mrs. Turner had to the Lady, and Weston to Mrs. Turner, and how they all concluded to kill Sir Tho. Overbury; the like whereof (he said) our Fathers never saw before us: and he lamented much the place from whence the poison came should be from the Court, the place (said he) from whence all men expected their safeties and protection. Lastly, he observed the finger of God even in this, that the poison had scarcely been suspected at all, or inquired after, had it not been for the extraordinary strange things appearing after his death; which was the first only cause of suspicion and muttering.  
The evidence being given, Weston was demanded what he could say for himself, who although he had before confessed all his examinations to be true, yet he seemed to excuse himself in a kind of ignorance or unawares; he said he received the glass, and thought it was not good, but denied the giving of it to Sir Thomas: being demanded why he accused one Franklin for delivering to him the said glass from the Countess (from whom it was sent) he confessed indeed it was to save his child: And finally, could say nothing that had any colour of material or substantial point to excuse or argue innocency in him; so the Court referred him to the Jury, who went together, and within short space returned, being agreed upon their verdict, and there at the Bar gave in, that Weston was guilty of the felonies of murdering and poisoning of Sir Tho. Overbury; and than the clerk of the Crown demanded of him what he could say for himself, why Judgement should not be pronounced against him according to the Law. To which he answered, he referred himself to my Lord and the Country; and than the Lord Chief Justice before he pronounced sentence of death, spoke to this effect, That for the duty of the place he must say somewhat, and that to two several parties; first, to the auditory; secondly, to the prisoner; and that which he spoke to the auditory, he divided into four parts, viz. 

1 The manifestation of the glory of God, and honour of the King.  
2 The preventing of other damned crimes of poisoning.  
3 Answer to certain objections.  
4 That there is no practice of conspiracy in prosecution of the business.    
1 For the first, he observed the finger of God in the manifestation, and bringing to light of this matter, having slept two years, being shadowed with Greatness, which cannot overcome the cry of the people; he observed also the providence and goodness of God to put into the hearts of himself, & the rest of the Judges the day of the last Arraigning, when the prisoner stood mute, not to give judgement against him for that time, but deferred it till now; and how in the mean time, it pleased his Majesty out of his gracious care and pity, to send to the prisoner, first the Bishop of London, next the Bishop of Ely, to admonish and persuade him for the saving of his soul, who after each of them had spent two hours with him, and when all the means of man not prevailing with him, it pleased God (when they had left him) to move his heart so, that now he did put himself to be tried by his Country; by which means, using Weston's own words, he said, the greatest Flies shall not escape, but receive their punishment. For conclusion of this first point, he lastly observed, Divinum quiddam in vulgi opinione, for that so many uncertain rumours touching this case, at last proved to be true.  
Secondly, he declared how for prevention of this damned crime of poisoning, Justice was the golden mean; and declared his majesty's resolution strictly to execute justice for that Treason, and he used this saying, Nemo prudens, &c. and desired God that this precedent of Overbury's might be an example, and terror against this horrible crime; and therefore it might be called the great Oyer of poisoning.  
Thirdly; he said that at the Arraignment were certain critics who had given out, the prisoner should deny his Examinations, and found so much fault for that the Examinations were read, the prisoner standing mute: but for the first, how untrue it was, all the world saw, the prisoner here confessing them all being read and showed unto him. And for the second, besides that it was exceeding discreet and convenient, the world should receive some satisfaction in a cause of that nature, he cited and showed what by the Laws of the Land they ought and were bound to do, notwithstanding the greatness of any that might thereby be impeached, of whom he said, although this was Vnicum crimen, yet it was not unicus crimon.  
Fourthly, as touching the supposed practice or conspiracy, he solemnly protested to God he knew none, nor of any semblance or colour thereof; and therefore he much inveighed against the baseness and unworthiness of such as went about so untruly and wickedly to slander the course of Justice: and so he came last of all to that which he had to speak of Weston the prisoner.  
First, touching the wickedness of the fact, he very seriously exhorted him to an unfeigned confession and contrition for the same; declaring unto him how that his confession would be a satisfaction to God and the world, if by faith and true repentance he would lay hold upon the merits of his Saviour. He persuaded him that no vain hope, (which is a witch) should keep him back from giving satisfaction to the world, by discovering the Great ones; assuring him that after this life, as death left him, so judgement should find him.  
And lastly, taking occasion there to remember this poisoning to have been a Popish trick, which he instanced by the example of Gurnandus di Birlanus mentioned 22 Ed. 1. Squire, that attempted to poison Queen Elizabeth's Saddle; Lopez, and Mrs. Turner: and proceeded to give Judgement, which was, That the prisoner should be carried from thence to the place whence he came, and from thence to Tyburn, there to be hanged by the neck till he were dead.  
Justice being given, the Lord chief Justice commanded that the prisoner might have convenient respect, and the company of some godly learned men to instruct him for his soul's health.   

The Arraignment of Anne Turner a widow, at the King's Bench Bar at Westminster, 7. Novem. 1615.  
THe Indictment whereupon Richard Weston took his trial, being repeated verbatim; she was Indicted for comforting, aiding, and assisting the said Weston in the poisoning to death of Sir Thomas Overbury; to which she pleaded not guilty, putting herself upon God and the Country: whereupon a very sufficient Jury of two Knights, and the rest Esquires and freeholders of Middle sex were sworn and impanelled; for the trial whereof, Sir Tho. Fouler was foreman.  
The Lord chief Justice told her, that women must be covered in Church, and not when they are Arraigned, and so caused her to put off her Hat; which done, she covered her hair with her handkerchief, being before dressed in her hair, and her Hat over it.  
Sir Lawr. Hide the Queen's Attorney, opened the matter much to the effect as he did at Weston's Arraignment; showing the wickedness and heinousness of poisoning: he showed further, there was one Dr. Forman dwelling at Lambeth, who died very suddenly, & a little before his death, desired that he might be buried very deep in the grave, or else (said he) I shall fear you all. To him in his life time often resorted the Countess of Essex, and Mrs Turner, calling him Father; their cause of coming was, that by the force of magic he should procure the now Earl of Somerset then Viscount Rochester to love her; and Sir Arthur Mainwaring to love Mrs Turner, by whom (as it was there related) she had three Children: About this business the Countess wrote two Letters, the one to Mrs. Turner, the other to Doctor Forman as followeth:  
The Countess' Letter to Mrs. Turner.  
SWeet Turner, I am out of all hope of any good ●n this work; for my Father, Mother, and Brother said I should lie with him; and my Brother Howard was here, and said he would not come from this place all this Winter; so that all comfort is gone: and which is worst of all, my Lord hath complained, he hath not lain with me, and I would not suffer him to use me: my Father and Mother are angry, but I had rather die a thousand times over; for besides the sufferings, I shall lose his love if I lie with him, I will never desire to see his face, if my Lord do that unto me: my Lord is very well as ever he was, and so you may see in what a miserable case I am; you must send the party word of all: he sent me word all should be well; but I shall not be so happy as the Lord to love me: as you have taken pains ever for me, so now do all you can; for never so unhappy as now, for I am not able to endure the miseries that are coming on me; but I cannot be happy as long as this man liveth: therefore pray for me, for I have need; but I should be better if I had your company to ease my mind: let him know this ill news; if I can get this done, you shall have as much money as you can demand, and this is fair play.  
Your Sister. Fran. Essex. Burn this Letter.  
A Letter from the Countess to Doctor Forman.  
SWeet Father, I must still crave your love, although I hope I have it, & shall deserve it better hereafter; Remember the Galls, for I fear, though I have yet no cause but to be confident in you, yet I desire to have it: as it is remaining yet well, so continue it still, if it be possible; and if you can, you must send me some good fortune, alas I have need of it; keep the Lord still to me, for that I desire; Be careful that you name me not to anybody, for we have so many spies, that you must use all your wits, and all little enough, for the world is against me, and the Heavens favour me not, only happy in your love: I hope you will do me good, and if I be ungrateful, let all mischief come upon me: My Lord is lusty and merry, and drinketh with his men, and all the content he gives me is to abuse me, and use me as dogedly as before. I think I shall never be happy in this world, because he hinders my good, and will ever: So remember (I beg for God's sake) and get me from this vile place.  
Your affectionate loving Daughter, FRAN. ESSEX.  
Give Turner warning of all, but not the Lord, I would not have any thing come out for fear of my Lord Treasurer, for so they may tell my Father and Mother, and fill their ears full of toys.  
There was also showed in Court certain pictures of a man and woman in copulation made in Lead, as also a mould of Brass, wherein they were cast: A black Scarf also full of white crosses, which Mrs. Turner had in her custody. At the showing of these and enchanted papers and other pictures in Court, there was heard a great crack from the Scaffolds, which caused a great fear, tumult, and confusion amongst the spectators, and throughout the Hall, every one fearing hurt, as though the Devil had been present, and growing angry to have his workmanship shown by such as were not his own scholars; and this terror continuing about a quarter of an hour, silence proclaimed, the rest of the cunning tricks were likewise showed. Doctor Formans wife being Administrix of her husband, found Letters in packets, by which much was discovered; she was in Court, and deposed, that Mrs. Turner came to her house immediately after the death of her husband, and did demand certain pictures which were in her husband's study, namely one picture in wax, very sumptuously apparelled in silk and satins, as also one other picture sitting in form of a naked woman, spreading and laying forth her hair in a Looking-glass, which Mrs. Turner did confidently affirm to be in a box, and that she knew in what part of the study they were.  
Mrs. Forman further deposeth, that Mrs. Turner and her husband would be sometimes three or four hours locked up in his study together: She did depose further, her husband had a Ring would open like a Watch.  
There was also showed a Note in Court made by Doctor Forman, and written in parchment, signifying what Ladies loved what Lords in the Court, but the Lord Chief Justice would not suffer it to be read in open Court.  
Mrs. Turner sent Margaret her Maid to Mrs. Forman, and wished that all such Letters and papers as did concern the Earl of Somerset and the Countess of Essex should be burned, or any other great personages, telling her that the counsels Warrant should come to search the study, and that all his goods might be seized; whereupon she and her Maid Margaret, with the consent of Mrs. Forman, burned divers Letters and papers, but that she kept some without their privity.  
There were also enchantments showed in Court written in parchment, wherein were contained all the names of the blessed Trinity mentioned in the Scriptures; And in another Parchment 'cross B. Cross C. Cross D. Cross E. in a third likewise in parchment were written all the names of the holy Trinity, as also a figure in which was written this word Christus, and upon the parchment was fastened a little piece of the skin of a man.  
In some of these parchments the Devils had particular names, who were conjured to torment the Lord Somerset and Sir Arthur Manwaring, if their loves should not continue, the one to the Countess, the other to Mrs. Turner; Mrs. Turner also confessed, that Doctor Savorius was used in succession after Forman, and practised many sorceries upon the Earl of Essex his person.  
Mrs. Turner being almost close prisoner in one of the Sheriffs houses in London, before she was brought to the bar, knew not that Weston was executed; but by the proceedings having understanding thereof, and hearing divers examinations read, it so much dejected her, that in a manner she spoke nothing for herself, also examinations and witnesses Viva voce that were produced at Weston's arraignment, and divers others were read again, as the Examinations of Edward Paine, Io. Wright, Robert Freeman, Symcock Rawlings, Payton, William's: one of these Examinations gave in evidence, that one Franklyn being an apothecary and Drugster, was the provider of all the poisons given to Sir Tho. Overbury.  
A chirurgeon there deposed, that he cured Franklyn of the Pox, and that at several times he demanded of his chirurgeon what was the strongest poison. The chirurgeon demanded what he would do with it, Franklyn replies, Nothing but for his experience, and to try conclusions.  
Another Examination of one Merser who had conference with the said Franklyn, calling him x, who demanded of the examinant, What news? he answered, Ill news: I am sorry that my old Lord and Master's son is found insufficient, and not able to content the Lady. Franklyn replies, I have a hand in that business, I have a great friend of my Lady Essex, she allows me 2. s. 6. d. a day for my Boat-hire, and 10. s. a week for my diet, I could have any money if I would. Merser replies, but Cousin, how can God bless you in this business? Franklyn answered, Let them talk of God that have to do with him: my Lord of Somerset and the Countess will bear me out in any thing I do; if you have any suit wherein you may do yourself any good, and I may gain by it, I will warrant you I will get it.  
Francis deposeth, that Franklyn married his sister, and that he thinketh in his conscience she was poisoned; upon some discontentment he heard him say, he would not be hanged for never a whore or quean of them all. The Lord Chief Justice made a speech upon divers examinations there read, that the Earl of Somerset gave directions, that of the powder he sent to Sir Thomas Overbury that which should be left should be brought back again, his pretext was that it should make him sick, which should be the ground to make the King grant his liberty, saying further, it would do him good: and he had Tarts and Jellies sent him likewise by the Countess, with express commandment that none must eat of them but Sir Tho. Overb. saying, they would do him no harm.  
At another time the Countess sent Tarts, Jellies, and wine, with directions that those which had been formerly sent, should be brought back again, and those last brought should be given him at supper, and then all should be well; but directions given that neithe Lieutanant nor his wife might eat of them, but they might drink of the wine, for in the Tarts and Jellies there might be letters, but in the wine none; and afterwards it was openly related and proved by divers examinations, that those words Letters were private tokens between the Countess and the Lieutenant, and Weston to give notice what things were poisoned, and what not.  
In the Examination that was of Weston, it was related, that Mr. James told him that the Earl his Master would pay him for his pains taken with Sir Tho. Overb. Then the Lord Chief Justice gave in charge to the Jury concerning the evidence they had formerly told them, and heard that Weston at his Examination confessed all he had said formerly was true.  
He further related what a great vexation and grief it was to the King, that Somerset only by making use of his favours and love, so foul a fact was done, as first to be the occasion to put Sir Tho. Overb. to employments for the Embassage of Russia. 2. To make him refuse them, and to give right cause for his commitment. 3. To bear him in hand that he would work his liberty, but still aggravated and laboured the contrary, and gave directions to the Lieutenant to look surely to him, and to keep him close prisoner, and that he should send to none of his friends, or they to him, urging great matters against him.  
Sir Tho. Monson was often employed to give directions to the Lieutenant therein, a most barbarous course to be so dealt withal only for a contempt; concluding that Sir Tho. Overb. was a close prisoner to all his friends, but open to all his enemies; such as Somerset would have, or send to him.  
The Lord Chief Justice told Mrs. Turner she had the seven deadly sins, viz. a Whore, a Bawd, a Sorcerer, a murderer, a Witch, a Papist, a felon, the daughter of the Devil: Forman wishing her to repent, and to become the servant of Jesus Christ, and to pray him to cast out those seven Devils. She desires the Lord Chief to be good to her, saying, she was ever brought up with the Countess of Somerset, and had been of a long time her servant, and knew not there was poison in any of those things sent to Sir Tho. Overb. than the Jury went forth, and not long after returned, finding her guilty, who being asked what she could say for herself why judgement should not be pronounced against her, she only desired favour, but could not speak any thing for weeping.  
Then Judge Crook made another grave Speech, exhorting her to repentance, and to prepare herself ready for death, and that the little time which should be assigned her to live, she should not spend it either in labour or imagination to get her life, for that hope was but a witch: upon conclusion of which Speech he gave Judgement, and told her she had a very honourable trial by such men as he had not seen in his time for one of her rank and quality, and so was delivered to the Sheriff.  
Upon the wednesday following she was brought from the Sheriffs in a Coach to Newgate, and was there put into a Cart, and casting money often amongst the people as she went, she was carried to Tyborn, where she was executed, and whither many men and women of fashion came in Coaches to see her die, to whom she made a speech, desiring them not to rejoice at her fall, but to take example by her: she exhorted them to serve God, and abandon ill company, and all other sins, relating her breeding with the Countess of Somerset, having had no other means to maintain herself and her children, but what came from the Countess; And said further, that when her hand was once in this business, she knew the revealing of it would be her overthrow; by which, with other like speeches, and great penitence there showed, she moved the Spectators to great pity and grief for her.    

The proceedings against Sir Jervas Elvis, Knight, Lieutenant of the Tower, at his Arraignment at Guild-Hall, the 16. of Novemb. 1615.  
THe form of the Indictment was, the malicious aiding, comforting, and abetting of Weston in the poisoning and murdering of Sir Tho. Overb. whereupon it was laid against him as followeth.  
First, when Weston received the vial of poison 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 practice and poisoning of Sir Tho. Overb. Et qui non propulsat injuriam cum possit eam infert, Cicero.  
After this was known to be poison, yet he kept Weston still, he favoured, countenanced, and graced him, and one time sent him a cup of Sack, and bade 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 died, Weston was removed.  
The Countess writ a Letter to the Lieutenant, with the Letter she sent poisoned Tarts to Overbury, and Wine to the lieutenant's wife, and bade 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 Earl of Northampton writ a Letter to the Lieutenant concerning the imprisonment of Overbury; the said Earl writ three Letters to Rochester contaiing these words: 
SWeet Lord, think not I find 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 die 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 than the cracking of a Nut for the sweet kernel, or my niece's 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 than 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, than 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 plaster 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 than any man's, 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 than he grew hot against your Lordship, and the Countess of Suffolk, saying if he were the Countess of Suffolk's prisoner (as he thought he was) then (said he) let her know that I care as little to die, as she to be cruel. The Countess I find to be joined with you in this plot, though the Chamberlain knows not of it, nor any one else: but Rochester's part I shall most fear until 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 council 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 always 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 find 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 council 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 poison in his hand and therefore (said he) in Weston's 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 poison which he meant to give, I reproved him, and beat him down with God's 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 bless God for me, for that I withheld him from doing that act; and if you call this comforting and abetting, to terrify a man for his sins, and to make him confess his faults to God, and to abhor and detest the act, than was I an abettor, and comforter of Weston.  
To the second, after I had thus terrified him with God's 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 showed him kindness, I drank to him, to the intent I might encourage the intentions of his mind, 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 Countess' words in her Letters, but the bare literal meaning; and sure (quoth he) after I had received the Tarts, and they stood a while in my kitchen, saw them so black and foul, and of such strange colours, that I did cause my Cook to throw them away and to make other Tarts for him.  
To the fourth he saith, the Earl of Northampton's Letter to him, was not any thing touching the poisoning of Sir Thomas Overbury, but for a close restraint, to the end that Overbury might agree to their purposes concerning the marriage to be had between Rochester and the Countess: if the Earl of North-hampton had any plot to take away his life, I was not of his counsel, nor had knowledge therein.  
To the fifth, it is said, I received him according to my instructions; I meant no other thing than I had delivered before, which was concerning the closeness of his imprisonment; but being asked what he meant by these words, Rochester's part I shall greatly fear, until I see the event to be clearly carried: In this he staggered and wavered much, and gave his answer, It was long since I writ this Letter, and for the particular circumstance that induced me to this speech, I cannot now call to memory: but sure I am, (knowing myself to be innocent) I satisfy my remembrance, so that I meant nothing concerning the taking away of his life: but because I was a stranger to Rochester, and had heard, and known of that great league that was between them, I might well think, suspect, and fear whether he would always continue those projects for his restraint. These were the answers he made to his accusations: and after he had made many protestations betwixt God and his soul of innocency, in the malicious plotting and abetting of Overbury's death, he appealed himself to the Jury, and said,  
I will prove unto you by many infallible and unanswerable reasons, that I could not be aider and complotter with Weston in this poisoning: first, I made a free and voluntary discovery of it myself, I was not compelled; will any man imagine I would discover a thing wherein I am not able to clear myself? Nature is more kind then to be its own accuser.  
Besides, that my clearness might more appear and remain in the world without any suspicion, I proceeded and accused the murderer Weston. It had been a senseless thing in me (if I had not thought myself clear) to have accused him, who might have done as much for me. Nay Weston himself proved me to be an honest man before the chancellor of the Exchequer, for he confessed to him and others being present, that he thought the Lieutenant knew not of the poison; and in his Examination before the Lord Chief Justice, and sergeant Crew, being asked the meaning of those words (Shall I give it him now?) he answered, That he thought that those which had set him on work, had acquainted the Lieutenant with their plot.  
And also I was so confident in mine own innocency, that I told my Lord Chief Justice, and my Lord Zouch, that the way to make Weston confess, and to discover all, was by fair and gentle entreaty of him; and so by this means they might search to the very bottom of his heart: in this the Lord Chief Justice witnessed with him.  
And after Sir Thomas was dead, Weston and Mrs. Turner were sent to me to know whether I had any inkling of the death of Sir Thomas: what need they have made this question, if I had known any thing thereof?  
Also that which I do know concerning the poisoning of Sir Thomas, was after his death by the relation of Weston; and I am here indicted as accessary before the fact, when I knew nothing till after the fact.  
After that he had confirmed these reasons by sundry-proofs and witnesses, he went further in his own defence. If I be in the plot, my Lord Treasurer is, I have his Letter to show in it, he called me to his lodging, and said, The plots you know them as well as I. The plots were only to repair her honour: my wife hath the Letters from the Lord Treasurer and Munson: for these plots I will run willingly to my death, if circumstances be knit with any manner of fact.  
He proceeded further, and told the Lord Chief Justice, that he spoke not this to justify himself, so that no blemish or stain might cleave unto him, for (said he) this visitation is sent me from God, and whether I live or die, it is the happiest affliction to my soul that I ever received: I have laid open my whole heart from blood guiltiness, I have not repented me other then for errors of my judgement in not detecting what I suspected, and yet I ask God forgiveness for less sins, but of this I know no other than the gross error of my judgement in not preventing it, when I saw such intendment and imagination against him.  
Then he put my Lord Chief Justice this question: If one that knoweth not of any plot to poison a man, but only suspecteth, is no actor or contriver himself, only imagineth such a thing, whether such a one be accessary to the murder? for the words of the Indictment are abetting and comforting with malice. Now if there be any man that charges me expressly or in direct terms that I was an abetter; or if the Court shall think fit in this case that I have put, that such a concealing without malice in an abetting, I refuse not to die; I am guilty: this was the sum of his speech.  
Then the Lord Chief Justice replied, That to his knowledge he spoke no more concerning the evidence than he could in conscience justify, which was only to explain the evidence, and not wresting any thing in prejudice of his life.  
But further, he told him, that two days before Sir Thomas died, you wished his man to bring in his best suit of hangings to hang his Chamber, which you knew were your Fees: after he told him that his accusation of the Lord Treasurer was very malicious; for in all the Examinations he had taken, in all the exact search he could make for the finding out of the truth; he saw not that honourable Gentleman any way touched. In conclusion, he told him, It is not your deep protestations, and your appealing to God and his Throne, that can sway a Jury from their evidence, which is not answered unto.  
But to leave you without excuse, and to make the matter as clear as may be; here is the Confession of Franklin, which he then drew out of his bosom, saying, This poor man not knowing Sir Jervis should come to his trial, this morning he came unto me at five of the clock, and told me that he was much troubled in his conscience, and could not rest all night, until he made his Confession, and it is such an one (these were his words) as the eye of England never saw, nor the ear of Christendom ever heard.   

The Confession of James Franklin, 16. Novem. 1615.  
MIstress Turner came to me from the Countess, and wished me from her to get the strongest poison I could for Sir Th. Overbury▪ accordingly I brought seven sorts; aquafortis, white-arsenic, Mercury, Great-spiders, Powder of Diamonds, Lapis Costitus, cantharides; all these were given to Sir Tho. at several times: and further confesseth, that the Lieutenant knew of these poisons; for that appeared (said he) by many Letters which he writ to the Countess of Essex, which I saw, and thereby knew that he knew of that matter; one of them I read for the Countess, because she could not read it herself, in which the Lieutenant used this speech: Madam, This Scab is like the Fox, the more he is cursed, the better he fareth: and other speeches.  
Sir Tho. never eat white Salt, but there was white-arsenic put into it; once he desired pig, and Mrs. Turner put into it Lapis Costitus; the white powder that was sent Sir Thomas in a Letter, he knew to be white-arsenic, a very deadly poison.  
At another time he had two Partridges sent him from the Court, and water and onions being the sauce, Mrs. Turner instead of Pepper put in cantharides, so that there was scarce any thing that he did eat but there was some poison in it; for these poisons the Countess sent me rewards, she sent me gold many times by Mrs. Turner.  
She afterward writ unto me to buy her more poisons: I went to her, and told her, I was weary of it: I besought her upon my knees, that she would use me no more in these matters; but she importuned me, bid me go, and enticed me with fair speeches and rewards; so she overcame me, and did bewitch me.  
The cause of this poisoning was, as the Countess told me, because Sir Thomas would pry so far into the state, as he would put them down: he did also say, that the toothless Maid trusty Margaret was acquainted with the poison: so was Mrs. turner's man Stephen, so also Mrs. Horn, the Countesses own hand.  
He saith, on the marriage of the Countess with Summersault; she sent him twenty pound by Mrs. Turner, and he was to have been paid by the Countess two hundred pound per. an. during his life.  
That he was urged and haunted two hundred several times at the least by the Countess to do it against his conscience: he saith, she was able to bewitch any man: and then he wrought the love between Rochester and her, and that he had twelve several Letters from her to prosecute it, and was to have two hundred pound, to continue their love till the Marriage.  
These are all the materials in Francklin's Confession; to this Sir Jervis knew not what to answer, or to make of his own Letters.  
Then presently the Jury departed from the Bar, and presently after returned, and found him guilty, and the Lord Chief Justice gave judgement, and he was executed accordingly in manner following.   

Sir Jervas his Confession.  
ON Monday the 20. of Novem. 1615. he was executed upon Tower hill, upon a Gibbet there set up of purpose about six of the clock in the morning (he being arraigned in a black Suit and Jerkin with hanging sleeves, having on his head a crimson satin Cap, from the top downwards, and round about laced, under that a white linen Cap, with a border, and over that a black Hat with a broad Ribbond, and a ruff Band thick couched with a lace, and a pair of sky-coloured silk stockings, and a pair of three soled shoes.)  
He came on foot from sheriff Goar's house to the Gibbet, between Dr. Whiteing, and Dr. Felton, two of his majesty's Chaplains, and coming to the Ladders foot, he talked a word or two to the Executioner; then he went up the Ladder four or five steps, the Executioner sitting over his head upon the top the of the Gibbet; Sir Jervis finding the Ladder to stand too upright, for his case, spoke to have it amended; which forthwith he coming down was done, being fastened in the ground, and then he went up again six steps, where after a while sitting, uttered to this, or the like effect.  
NOble, Right worshipful, and others: I am here come as well to show, explain, and unfold that which passed at the time of my Arraignment, to so many of you as were present; as also to show that there I perceived I had lost the good opinion of many in standing so long upon mine innocency, which was my fault I confess, hoping now to recover the same, and your good charitable opinions of me; which fault I then saw not, being blinded with my own error, which made me account it no sin.  
But since my condemnation, by the means and help of these two Gentlemen here present (the Doctors) I was persuaded of the greatness of my sin, and that it was so much the greater, by how much the more I did conceal it: which by God's mercy I perceiving, consulted not with flesh and blood, but thought it in this my condemnation the best way for my soul's health to reveal to the Omnipotent and All-seeing God, the most secret and inward intentions and thoughts of my deceitful heart; not once respecting the praises or dispraises of the world, which I regard not at all.  
It may not be some will say, That this place was most unfit for my execution, appointed to terrify and daunt me so much the more; but (alas!) I fear not death, place, nor any such like thing; for I account it the King and counsels special favour, that I die here, for that i requesting the same it was granted, whereby i see now this Tower, late wherein i should have been called to State business, and still might, if i had performed a more loyal service to my King and Country than i did.  
Next, in that i was not appointed to Tyburn, a place of more public reproach then now i am brought to, being worthy to die by due and lawful Justice, in prosecuting this bloody enormous act against a kind Gentleman, who deserved no ill at my hands, nor any man's else, for aught i know.  
But were it i had not trusted him who was a most perfidious wretch, i had not fallen into this shame, which may warn all here present to take heed whom they trust in a bad matter; and to admonish you that are trusted never to break honest and just fidelity.  
I was by divers tricks drawn to this action, which I received from the Earl of Northampton, and Sir Thomas Monson, and none other; but had I remembered the 115. verse of the 119. Psalm, and said with the holy Prophet, Away from me ye wicked, for I will keep the commandments of my God: Then had i refused such like tricks, alas! now too late, there was my fault that i did not refuse them, and cast myself upon God's providence without any dependence on man, though never so honourable: Was ever any deceived that did trust in God? there was never any: Therefore i admonish you all, let none how honourable soever they be, or the King himself, move you to any thing not agreeable to God's word; do it not, reject it; for that was my fault, that i 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 profane not the holy Sabbaths of the Lord, nor his good creatures, nor that you turn (by a lascivious course) days into nights, and nights into days, as i have done; and that in serving God, you must not only read the Scriptures, but join practice therewith; for what good will the same effect, if the heart be foul, bloody, and impure? some here knew my forwardness therein, but i pretend not innocency 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 i stand here loco peccatoris, non oratoris: yet i will show you that i have opened to my Lord Chrief Justice since my Arraignment, that with the utmost of my power i was able to verify, upon which i took the body and blood of Jesus Christ, and in further testimony, i will now seal it with my last and dearest breath.  
Nobles, and others, to see your faces it rejoiceth me, whereby you manifest your loves in granting my request to be eye-witnesses of my death: i see a number of my friends here, (pointing as he spoke) who out of their loves i entreated to beseech God to strengthen me in death, though ignominious to some, yet to me a bitter cup mingled with God's mercies, a special favour this way to call me home; whereas he might have taken away my life by shooting the Bridge, or some fall, or otherwise; and than this unrepented sin, which i 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 die, it may be in his bed, it may be otherwise (God knows) i protest before you all, i never came over this hill in the chiefest of all my prosperity with more joy than now i have at this present; for now i know i 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.  
It may be some will say, i have a flinty heart, because i shed no tears; my heart is flesh as others be, and i am as faint-hearted to look death in the face as any others because my use hath not been to shed tears, i cannot now easily, except it be for the loss of some dear friend; 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 i most earnestly love, and now must depart from with shame, though worldly regard i respect not, for well Mr. Sheriff knows, that (to shame this my sinful flesh the more) i wished if it had him pleased, to have been brought thorough the City, to have warned all the spectators how they should not escape without Judgement for blood, for God is just.  
I had almost forgotten to show you a most strange thing which God brought to my memory the last night, which is this: i confess i have been a great Gamester, and have played and wasted many great sums of money which exhausted a great part of my means, which i perceiving, vowed seriously, and not slightly 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 i have broke this my vow.  
Then he espied one Sir Maxamilian Dalyson standing near to the Gibbet on horseback, and said to him, You know Sir Maxamilian what gaming we have had, and how we have turned days into nights, and nights into days: i pray you in time to leave it off, and dishonour God no more in breaking his Sabbath, for he hath always enough to punish, as you now see me, who little thought thus to die.  
To which Sir Maxamilian answered him, Sir Jervas, i 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 overmuch transported with the pride of my Pen, which obsequious Quill of mine procured my just overthrow. Upon the knitting up of my Lord Chief justice's 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 yielded my dearest blood, to the shame of this my wretched carcase, not being so much grieved for the same, as for others; that I wish I had hanged in chains perpetually, so that I had at first revealed this heinous 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 widows, 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 be 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 always 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 spoke 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 lawful, wherefore, good Sir Jervas, quoth he, forbear. Sir Jervas 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 courtesy which of them should begin a public Prayer for this party's condition; one of them willed the other, but at last Doctor Whiteing said, If you Sir Jervas can perform it yourself, 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 eternal, Omnipotent, and Omniscient God, the Creator of Heaven and Earth, and of me a most miserable and horrible wretch, by reason of my unmeasurable sins and transgressions, whereof I am wholly guilty; take pity of me, that have so many ponderous sins, that without thy special favour and mercy, they will be ready to press me into perpetual destruction; thy full and free pardon in Jesus Christ I humbly crave, with this assurance, that immediately my soul shall be translated hence, into those inestimable joys which the heart of man is unable to conceive, the tongue to utter, the ear to hear: Then Lord hear the petition of me a most miserable wretch, according to thy promise made unto the repentant sinner: my sins yet unknown, and unrepented of, which are my secret sins, Lord call not to account: disburden 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 sins whatsoever be scattered by the bright beams of thy merits: Be merciful to me in Christ Jesus, 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 mercy's 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 i pay, i mean do the last office to Justice: with that Doctor Whiteing said, Sir Jervas, you may stand one step lower upon the Ladder; to whom the Sheriff answered, it is better for him Mr. Doctor to be where he is; Stay, quoth the Doctor to the Executioner, for he hath given a watchword, he is in private prayer again; Yea, quoth he, for he hath given me a watchword when i 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 cheerful voice and countenance, i 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 Jesus receive my soul, which belike was the Executioners watchword, he turned 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, only his hands moved a little, being tied 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 corpse high Gibbet were from thence conveyed.    

The Proceedings against James Franckling at his Arraignment at the King's Bench the 27. of November, An. Dom. 1615.  
AFter he had put himself for his trial upon the Country, a Jury of Esquires and Gentlemen were impannilled to pass upon his life there; then Weston's Indictment was read, and Franklin accused as accessary to the poisoning of Sir Thomas Overbury, and then his Examination formerly taken in these words.  

James Francklin's Confession.  
HE confesseth, That in a house near Doctors Commons Mistress Turner did first come unto him about the poisoning 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 Mistress Turner, who to try the operation thereof, gave it to a Cat, wherewith the Cat languished, crying pitifully for two days, and so died.  
Afterwards Mistress Turner sent for Franklin to come to the Countess, who told him that Aqua fortis was too violent a Water: But what think you, quoth she, of White arsenic? 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: Franklin demanded of the Countess what was her Reason to poison 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. Overbury's death the Countess sent for Franklin, and showed 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 Franklin thinketh in his Conscience was meant the poisoning 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 Weston's Apprehension, this Countess sent for Franklin 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, than she told him, Weston hath been sent for by a pursuivant, and hath confessed all, and we shall be hanged; but on your life, quoth she, do not you confess that you brought any poison to me or to Mris Turner, for if you do, you shall be hanged, for I will not hang for you; nor, saith Mris Turner, will I hang for you both.  
The Countess told him, The Lord who was to examine him would promise him a pardon to confess, but believe them not, for they will hang thee when all is done.  
Weston came to Francklin's House, and told, Now the Countess turn is served, she uses him unkindly, and they should both be poisoned, and that two were set on purpose to poison him. Franklin having confessed his former Examination under his own hand, being permitted to speak for himself, said, That at the entreaty of the Countess and Mistress Turner, he did buy the poisons, but protested his Ignorance what they meant to do with them, and for the rest he referred to the Conscience of the Jury, who went from the Bar, and within a quarter of an hour did return and pronounce him guilty: Then judge Crook after a brief Exhortation gave the sentence of death upon him. The Lord Chief Justice made a short Exhortation also with addition of these words, that knowing as much as he knew, if this had not been found out, neither Court, City, nor any particular Families had escaped the malice of this wicked cruelty.    

The Proceedings against Sir Tho. Monson, at the Guildhall London, Decemb. 4. 1615.  
WHen he came to the Bar, he made a Motion to the Lord Chief justice, 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 poisoning Sir Tho. Overbury, to which he pleaded not guilty; He would be tried by God and his Country: The Lord Chief justice broke up the Proceedings, and made a Speech to this effect.  
That he saw a great Assembly, though it had been showed 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 justice, 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 mild Proceedings in so great an Affair: For neither the great man's House in the Tower, nor this poisoners House to my knowledge, hath been searched, neither hath this Prisoner been committed to the Sheriff, but to an Alderman, a man who of all others might be most kind to him; whereas I take it, lest I should be mistaken, Sir Francis Anderson married Sir Stephen Somes daughter, and Sir Thomas Monson married Sir Francis Andersons Sister; I never knew the like favour, nor do I like it so well, but do declare it as a gentle Proceeding from the King. For other things, I do not discover secrets; but though there were no House searched, yet such Letters were produced, which makes our deliverance as great as any that happened to the Children of Israel.  
For Weston and Mistress Turner died penitently, as it is worthy to be written in letters of Gold; and for the lieutenant, though with great Imprecations and with high hand he denied it, yet to the great Glory of the King's Justice he died 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 lieutenant 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 jury, 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 man's fame is dear unto him, and he hath been dear and honourable; you shall hear what he hath answered to my Letter.  
After my hearty Commendations, I hear that Sir Thomas Monson that I can clear him, but I hear nothing of him to accuse him, but I hope he is not guilty of so great a crime.  
You hear, quoth he, that he will neither accuse nor excuse you.  Monson. 
I do not accuse the Lord Treasurer nor calumniate him, for I know he is very honourable, but I desire to have Answer to my two Questions.  Lord chief Iustice. 
You shall hear more of that when time shall serve; do you as a Christian, and as Joshuah bid Acan, My son, acknowledge thy sin, and give glory to God.  Monson. 
If I be guilty, I renounce the King's mercy and Gods; I am Innocent.  Lo. Ch. justice. 
There is more against you than you know of.  Monson. 
If I be guilty, it is of that I know not,  Lo. Ch. Iust. 
You are Popish, that Pulpit was the Pulpit wherein Garnet denied, and the lieutenant as friendly; I am not superstitious, but we will have another Pulpit▪  Iust. Doddridge. 
It is an Atheists words to renounce God's Mercy; but you must think the change of your Lodging means somewhat.  Hide. 
I have looked into this business, and I protest, my Lord, he is as guilty as the guiltiest man.  Monson. 
There was never man more innocent in this cause; I will live and die an Innocent.  
After this Speech, certain Yeomen of his majesty's Guard, attending for that purpose, conducted him to the Tower, where between the Yeomen and the Warders there was some Contention about his Entertainment.   

A Relation of the Arraignment of the Lord and Lady of Somerset, on Friday, May 24. 1616.  

The Names of the Peers.  
THe Earl of Worcester, L. P. Seal.  
The Earl of Pembroke, L. Chamberlain.  
The Earl of Rutland.  
The Earl of Sussex.  
The Earl of Mountgomery.  
The Earl of Hartford.  
The Viscount Lifle.  
The Lord Zouch, Warden of the Cinque Ports.  
The Lord Willoughby of Frisby.  
The Lord de Laware.  
The Lord Dacres.  
The Lord Mountegle.  
The Lord Wentworth.  
The Lord Rich.  
The Lord Willoughby of Parham.  
The Lord Hunsdon.  
The Lord Russel.  
The Lord Compton.  
The Lord Norris.  
The Lord Gerard.  
The Lord Cavendish.  
The Lord Dormer.  
The Lord Elsmore, Lord Chaniels, and Lord Steward, hac vice.  
His Assistants there present in the Commission.  
Sir Edward Cook, Lord Chief Justice of England.  
Sir Hen. Hobart, L. Chief Justice of the Com. Banc.  
Sir Law. Tanfield, Ch. Baron.  
Judg Crook, Banco Rege.  
Judg Nichol, Com. Banc.  
Sir Fran. Bacon, Attor. General. These three only spoke.  
Sergeant Montague.— These three only spoke.  
Sergeant Crew.— These three only spoke.  
Sir Hen. Yeluerton, Solic. Rege.  
Sir Fran. More, Servien. Rege.  
Sir Lawr. Hide, Attor. Reginae.  
Mosley, Attornat. Ducat.  
Sir Io. Davis, Servien. Rege.  
Mr Walter, the Prince's Attor.  
Mr Finch, Keeper of the Records of Attainders.  
Sergeant More.  
Sergeant Finch.   

The Names and form of their sitting.  
WHen my Lord Chancellor, who for his time was High Steward of England, came into the Court, there came before him six Sergeants at Arms with their Maces, Sir Geo. Coppin with his patent, Sir Rich. Connisby with his White Staff, Mr Mannering with the Great Seal, he himself at the upper end of the Board sitting under a Cloth of State, of both hands of him the Peers, under them the judges, at the further end of the King's council below the judges, on one side, Finch the Keeper of Records of Attainders, the Clerk of the Crown and his Deputy in the midst of the Court, the Sergeant Cryer standing by him; Sir Rich. Connisby, Sir Geo. Coppin the Seal-Bearer, and at my Lord Stewards feet the Prisoner at a Bar, behind the King's council the lieutenant of the Tower in a little space adjoining to the Bar.  
All being silent, Sir Geo. Coppin arises, delivers the patent to the Lord High Steward, upon his knee, he received it, and kisseth it, and returns it to Mr Fanshaw, who takes it kneeling; then the Sergeant Cryer makes Proclamation in the Lord High steward's name to keep silence; then Mr Fanshaw, (which bears date May 10.) Then there is another O Yes to certify my L. Steward, whether Weston were committed as principal for the murder of Sir Tho. Overbury: Then the Lord Chief justice delivers a Schedule endorsed with Certificates of four judges of the King's Bench, and other the Commissioners; then Fanshaw turning unto my Lord Steward reads a third O Yes for certifying other Indictments. My Lord Cook delivers another Schedule, endorsed with Certificate of my Lady of Somerset's Indictment, which Mr Fanshaw as before reads. A fourth O Yes for Walter Lee sergeant at Arms to return the Precept for the Peers of Frances Countess of Somerset, which accordingly he, after his three reuerences to the Lord High Steward, delivered to Mr Fanshaw, he reads the endorsement. A fifth O Yes to call the Lords, summoned by the Command of my Lord High Steward, to answer to their Names, which accordingly they did, beginning as at the first, as every one was named putting of their Hats, standing up until the next was named. A sixth O Yes to the lieutenant of the Tower to return his Precept, and bring his Prisoner to the Bar, which he did, and gave his Precept to the sergeant, who gave it to Mr Fanshaw, and he as afore read the endorsement. The Prisoner made three reuerences to his Grace and the Peers, being attired in black Tammel, a Cyprus Caperoon, a Cobweb Lawn Ruff and Cuffs.  
Lord Steward. My Lords, the Reason why you are called hither this day, is to sit as Peers of Frances Countess of Somerset.  
Fanshaw Clerk of the Crown. Frances Countess of Somerset, hold up thy hand; she does so hold it up, till Mr lieutenant told her she might hold it down; and then reads the Indictment, containing Weston's Actions, in the poisoning of Sir Tho. Overbury, and her Abetting him the 8 of May, 1613.  
All the while the Indictment was reading, the Countess of Somerset stood looking pale, troubled, and shed some few tears, and at the first naming of Weston in the Indictment, she put her Fan before her face, and there held it half covered, till the Indictment was read.  
Fanshaw▪ Frances, Countess of Somerset, what sayst thou? art thou guilty of this Felony and murder, or not guilty?  
She making an obeisance to the Lord High Steward, answered, Guilty, and with a low voice, but wonderful fearful.  
My Lady upon the Arraignment having pleaded Guilty, the Proceedings after was thus:  
attorney. May it please your Grace, my Lord High Steward of England, I am glad to hear the Ladies so free acknowledgement, for Confession is noble: Those that have been formerly indicted at their Arraignments persisted in denial, as Weston, Turner, Franklin, Elvish; but you see this Lady's Humility and Repentance by her pleading, and certainly she cannot be but a spectacle of much Commiseration, if either you respect the Sex, a woman, or her Parentage, honourable.  
But this and to morrow day is to crown Justice; the Mercy seat is the inward part of the Temple, the Throne public; and therefore I do now only pray a Record of the Confession and judgement; but since the Peers be met together, for honour's sake it is good to declare the King's Justice.  
This is the second time since the Kings coming these thirteen years, that any Peers have been arraigned, and both these times your Grace hath had the place of High Steward.  
The first was Gray and Cobham, and though they were convicted, yet Execution followed not; No Noble blood hath been spilled since His majesty's reign.  
The first was Revenge of Treason against malcontents, and this of the particular offence to a private Subject against those that have been so high in the King's grace and favour, and therefore deserves to be written in a sunbeam; but his being the best Master in the World, hinders him not from being the best King; for he can as well plain a Hill, as raise a wall; a good Lesson to put to my Lords, the Peers: He is lieutenant to him that is no Respecter of persons.  
This that I shall now speak of, may be reduced to that which was acted in the Vault, and since upon the Stage. The first I will not now enter into, because I will neither grieve a Lady that is present, nor touch a Lord that is absent, my duty requires it not, and my Humility forbids it. That which hath been upon the Stage, the theatre of God's justice; you shall understand that which hath been worthily acted by the King in this whole Work of justice, and right well by his Ministers. Overbury died poisoned the 15 of September, 1613. in the Tower of London; He was no sooner dead, but there was a certain Rumour and Muttering, that Vox Populi, that Overbury came strangely by his death; and at that time on the contrary there was another Rumour, but that was Vox Diaboli, that he died of a foul disease, so foul a one, as is unfit for me to name; but for two years after this, though Overbury's blood cried for vengeance, Vox Dei was not heard: Gloria Dei C●lare Regis perscrutare rem; It is the Glory of God to conceal a thing, of a King to find it out; yet all the while God so dazzled the eyes of these two great Procurers and their Instruments, that the first looked not about them, the other fled not.  
About the beginning of the first Progress it first broke forth; and as all murders are strange in their discovery, so this was miraculous, for it came out in a compliment, thus: My Lord of Shrewsbury who is now with God, commended Sir Gervise Elvis to a councillor of State, and told him that Sir Gervise, in respect of good report he had heard made of his Honour and Worth, desired to be made known unto him; That councillor added, that he took it for a favour from him, but withal added, there lies a kind of heavy Imputation on him about Overbury's 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 checked by him.  
This councillor weighing well the Narration from Elvis, acquainted the King with the Overture, who commanded presently that Elvis should set down his knowledge in writing, which accordingly he did, but always reserving himself, still endeavouring rather to discover others, than any else should undertake that Office, and so accuse him.  
The King still endeavours to search the truth of this business, gives Direction for the Examination of the Truth of it, commits it to certain councillors; they pick something out of him and Weston; then the further inquiry 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, than he desired some others might be joined with him, which was accordingly granted, namely, the Lord Chancellor, Lord Steward, and the Lord Zouch; but then there were no practices left untried 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, Franklin; 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 judgement; 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 judgement.  
Now to conclude, and give you account of the often Procrastinations in this business; the first was due to Humanity, her childbirth, 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 King's Instructions.  
THere be two contrary things in this Cause to be tried, 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, than 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.  
attorney. 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 died penitent; and if need should require, I have brought their Confessor along, namely Doctor Whiteing.  
Lord Steward. My Lords, you have seen and have heard these Directions under the King's Hand, with Glory to God, and honour to the King.  
attorney. May it please your Grace, whereas Frances Countess of Somerset, as accessary before the fact of the wilful poisoning and murder 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 judgement upon the Prisoner.  
Fanshaw. Frances Countess of Somerset, thou hast been Indicted, Arraigned, and pleaded Guilty, as accessary before the Fact of the wilful poisoning and murder of Sir Tho. Overbury; what canst thou say for thyself, why judgement 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 entreat for me to the King: This she spoke humbly, fearfully, and so low, that the Lord Steward could not hear it, but the attorney related it.  
attorney. The Lady is so touched with remorse and sense of her fault, that grief surprises her from expressing of herself, but that which she hath confusedly said is to this effect, That she cannot excuse herself, 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 thyself, it is now my part to pronounce judgement, 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 signify so much to the King's 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 praecipe, 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 lieutenant bid him hold it down. The Indictment is read, containing Weston's Actions in the poisoning of Sir Tho. Overbury, and his abetting of him the 8. of May, 1613.  
The Lord Somerset was apparelled in a plain satin suit, laced with two satin laces in a seam, a Gown of uncut Velvit, all the sleeves laid with a satin lace, a pair of Gloves with satin tops, his George about his Neck, his Hair curled, his Visage pale, his Beard long, his Eyes sank in his Head, whilst his Indictment was reading he three or four times whispered to the lieutenant.  
Fanshaw. Robert Earl of Somerset, what sayst thou? art thou guilty of this Felony and Murder whereof thou standest indicted, or not?  
Summersault making obeisance to the Lord Steward, answered, Not guilty.  
Fanshaw. How wilt thou be tried?  
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 yourself, 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 piece of Evidence, but ground your judgement 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 honours 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 King's council, free your discourse from all partiality, and let Truth prevail, and endeavour to make it appear.  
Sergeant Montague. 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 King's honour. But now to the Fact.  
Robert Earl of Somerset stands indicted as accessary before the Fact of the wilful murder and poisoning 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.  
Weston at four several times gave Overbury four several poisons, the first May 9 1613. that Rosaker, carrying this poison in one hand, and the Broth in the other hand; the second was in June following, and that was arsenic; the third was in July 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 Weston, and an Apothecary yet unknown, and that killed him.  
Of these four several poisons, ministered by Weston, and procured by him the 15. of Sept. 1613. Overbury died, and the Author is ever worse than the Act.  
The first poison 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 murder of Uriah; and though David was under his Pavilion, and Uriah in the Army, yet David was the cause of his murder: So you were in the King's Chamber, and Overbury in the Tower, yet you were the Cause, and it is you that killed him. It was a stronger hand than Weston's 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 poisoning 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 poisoning, or not.  
Cook. This was well moved by Mr Recorder, and the Law is clear in this point, that the proof must follow the substance, not the form.  
The Judges all rising, affirmed this to be true.  
This, my Lord, is certain, the Law gives form in Indictments, but only substance in Proofs.  
I know, my Lord High Steward, and you the Lords the Peers, that you cannot behold this Lord at the Bar without the remembrance of his former greatness, yet a Peer amongst you, and therefore I know you will be very tender in the cutting of him off from your number without good Evidence; We, my Lords, that be to speak against him, have received an admonition from the King, to use no Invectives, but give in pertinent Evidence; I think we should have done so howsoever, but yet we cannot but be glad of so good a Warrant; we will therefore carry the Proof upright against all Evasion, the Evidence will bear itself. 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 show that the King was bound by his Oath to bring this Cause to judgement, 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 murder, the first Record we ever read of in the Bible was a sentence upon murder; 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 joab's sentence for the murder 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 murder. And some other most learned Rabbins that referred that Commandment where the Obedience of Parents is expressed to the first Table; so than this is the first of the second.  
My second Aggravation is, that this murder is by poison; poison is a foreign practice, fit for Rome and her Doctrine; It hath these three Attributes.  
First, It is fierce, it takes a man suddenly in God's 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 poisons, 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 aim; and if Facts of this kind were not met withal by condign punishment, what society would there be amongst men?  
In the 22. Hen. 8. a poisoner aiming at one man, poisoned a dish of Barm, at this time there was a feast at the Bishop of rochester's, that Barm was unwittingly used in Broths and boiled meats, sixteen at the Table were poisoned with it, nay it went as far as the almsbasket, and some poor died of it.  
Well, this year poisoning 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 King's 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 murder in that place since the Nephews of King Richard the third were there murdered by his Command.  
My second general Division is, What Proofs I hold to be complete in this Case; I hope my Lords the Peers will consider, that of all murders poisoning is the most secret: And therefore to look for Testimonies direct, is to say, that they proclaim impunity; who should have impeached Parasapis, who poisoned one side of a Knife, and eat with the other. But, my Lord, you are not to inquire of actual empoisoning, 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 toil, 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 itself.  
Secondly, The distribution of it into parts, and applying of the Evidence.  
And thirdly, The Production of Witnesses and Writings.  
Summersault. 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.  
Lord Steward. The constant course of the Court must be kept; you cannot interrupt the King's council; 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 satisfy your Request, for you shall have three Cogitations.  
First, Take your aim 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 believe him in his own Letter, but he was a Trasonical Fellow, that the balance 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 piece meals, as sometimes councillors use to do to their friends for a favour; but Overbury took Copies, Registers, and Extracts of all that passed; they had Ciphers between them, which went under the name of jergins of the King and Queen's name, and all the councillors of State; and this kind of Characterical writing is never used but by Princes, or their ambassadors; if by others, then by such as be Practisers against them; yet, my Lord, I charge you with no disloyalty.  
I remember a Speech Your Grace hath often said in Chancery, That Fraud, Frost and foul weather; I might add 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 streams of Hatred upon Him, one from You, and another from my Lady, but yours of a more nigher nature; for yourself 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 poison.  
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 designed for an honourable Employment beyond the Sea, and dissuaded by you, animating him to refuse the King's Command; upon this, for his contempt he is committed to the Tower; when he was there must he have the liberty of the air? No; He must be committed close Prisoner, that you might the better compass your desires. There you had him fast, there was no avoiding of it, but death must be his bane.  
Now for the knitting up and connection of these things, If you had not a lieutenant to your hand, and an underkeeper for your purpose, all was but in vain; and so you ordered it: for Overbury had not been five days in the Tower, but Wade was dispatched, Elvis put in, Caris his old Keeper put out, and Weston his poisoner put unto him. And though the placing of Sir Jervise 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 poisoner. Now Franklin was sent for, he must buy poisons, not such as would quickly kill him, but by degrees, to avoid all suspicion. And then there was nothing came to him, Salt, Sauces, Tarts, Medicines, glisters, that were not poisoned. 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 Summersault; 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 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 myself.  
Now for matter present, That your hand was in poisoning Overbury, directed, delivered poisons, 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 die. Now of Overbury's part he writes to you, That if he die, your shame shall never die; 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 allege, 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 poisons 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 justify or deny what they hear read; and to diminish or add to their Examinations: And beside, 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 Somerset's, wherein were these words, If I die, 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 yourself, 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 knowledge 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.  Henry Payton. 
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 vomits. This Letter I carried 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 withal this message, and how the physic had wrought with him; My Lord smiled, and said, Pish, and so turned him away.  
Lawrence Davis, Sir Thomas Overbury's Servant, Saith, That he hath heard his Master say, that he would have gone ambassador, but that my Lord of Rochester dissuaded him; He hath seen some Letters of Sir Thomas Overbury's, wherein he wrote, My Lord of Rochester was even with him; but he thinks he never saw those passages.  Summersault. 
I pray you my Lord's note; He says, I never saw the passages.  Attorney. 
It is true, those Letters were lost, but easier found by him who knew his Master Sir Tho. Overbury's hand.  
Sir Thomas Overbury's Letter.  
Is this the fruit of my care and love to you? Be these the fruits of common secrets, common dangers? As a man you cannot suffer me to lie in this misery, yet your behaviour betrays you: All that I entreat of you is, that you would free me from this place, and that we part friends: Drive me not into extremities, lest I say something that you and I may both repent: and I pray God you repent not the emission of this my counsel in this place from whence I now write this Letter.  Wentworth. 
How did you know these Letters were sent from him to my Lord of Somerset.  Attorney. 
It is true that those letters were lost, but after found by him who knew his Master Sir Tho. Overbury's hand.  Cook. 
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 Mistress Farnforth; she, to the intent they might be safely kept, sent them to a merchant's House in Cheapside, where some seven months before she had lodged, and desires they might be safely kept for her, pretending they were some Writings which concern her joyature. On Saint Thomas day she herself comes to have them again, saying, she must carry them to her council 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 troublesome time, I will go to the Lord Chief justice, and if he find no other Writings but such as concern you, you shall have them again. So coming to my Chamber, and not finding me within, (for I was gone to Paul's 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 Paul's to me, and in a by-room broke it open, and found in it many Letters, which were disadvantageous 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 vinegar; So fell it out with my Lord of Somerset and Sir Thomas Overbury, that this access (as I may call it) of Friendship ended in mortal hatred on my Lord of Somerset's 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.  
FINIS.