A true and historical relation of the poysoning of Sir Thomas Overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between Robert, late Earle of Essex, and the Lady Frances Howard : with King James's and other large speeches / collected out of the papers of Sir Francis Bacon ...
         Bacon, Francis, 1561-1626.
      
       
         This text is an enriched version of the TCP digital transcription A28503 of text R10750 in the  English Short Title Catalog (Wing B338). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         Wing B338
         ESTC R10750
         11992600
         ocm 11992600
         52051
         
           
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         Transcribed from: (Early English Books Online ; image set 52051)
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             A true and historical relation of the poysoning of Sir Thomas Overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between Robert, late Earle of Essex, and the Lady Frances Howard : with King James's and other large speeches / collected out of the papers of Sir Francis Bacon ...
             Bacon, Francis, 1561-1626.
             James I, King of England, 1566-1625.
          
           [2], 127 p. : port.
           
             Printed by T.M. & A.C. for John Benson and John Playford ...,
             London :
             1651.
          
           
             Item at 80:7 identified as B338 (entry cancelled in Wing 2nd ed.).
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
         eng
      
       
         
           Overbury, Thomas, -- Sir, 1581-1613.
           Essex, Robert Devereux, -- Earl of, 1591-1646.
           Somerset, Frances Howard Carr, -- Countess of, 1593-1632.
           Poisoning.
        
      
    
       A28503  R10750  (Wing B338).  civilwar no A true and historical relation of the poysoning of Sir Thomas Overbury. With the severall arraignments and speeches of those that were execu [no entry] 1651    33861 16 0 0 0 0 0 5 B  The  rate of 5 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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        2003-08 Marika Ismail
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               THE
               LIVELY
               PORTRAICTURE
               OF
               SIR
               THOMAS
               OVERBURY
               .
            
          
        
         
           
             
               A
               mans
               '
               best
               fortune
               or
               his
               worst's
               a
               wife
               :
            
             
               Yet
               I
               ,
               that
               knew
               nor
               mariage
               peace
               nor
               strife
               ,
            
             
               Live
               by
               a
               good
               ,
               by
               a
               bad
               one
               lost
               my
               life
               .
            
          
           
             
               A
               wife
               like
               her
               I
               writ
               ,
               man
               scarse
               can
               wed
               :
            
             
               Of
               a
               false
               friend
               like
               mine
               ,
               man
               scarse
               hath
               read
               .
            
             
               Laur
               :
               Lisle
               excud
               .
            
          
        
      
       
       
         
           A
           True
           and
           Historical
           RELATION
           Of
           the
           Poysoning
           of
           Sir
           
             Thomas
             Overbury
             .
          
        
         
           With
           the
           Severall
           Arraignments
           and
           Speeches
           of
           those
           that
           were
           executed
           thereupon
           .
        
         
           Also
           ,
           all
           the
           passages
           concerning
           the
           Divorce
           between
           ROBERT
           late
           Earle
           of
           
             Essex
             ,
          
           and
           the
           Lady
           FRANCES
           HOWARD
           :
           with
           King
           JAMES'S
           and
           other
           large
           Speeches
           .
        
         
           Collected
           out
           of
           the
           Papers
           of
           Sir
           
             Francis
             Bacon
             ,
          
           the
           Kings
           Attorney-Generall
           .
        
         
           LONDON
           ,
           Printed
           by
           
             T.
             M.
          
           &
           
             A.
             C.
          
           for
           
             Iohn
             Benson
          
           and
           
             Iohn
             Playford
             ,
          
           and
           are
           sold
           at
           their
           Shops
           in
           S.
           
             Dunstans
          
           Church-yard
           ,
           and
           in
           the
           Middle
           Temple
           .
           1651.
           
        
      
    
     
       
       
       
         
           The
           proceedings
           which
           happened
           touching
           the
           Divorce
           between
           the
           Lady
           
             Frances
             Howard
             ,
          
           and
           
             Robert
          
           Earle
           of
           
             Essex
             .
          
        
         
           THE
           Lady
           
             Frances
             Howard
             ,
          
           before
           the
           Kings
           Delegates
           ,
           
             Geor.
             Canterbury
             ,
             Iohn
             London
             ,
             Lanc
             ▪
             Ely
             ,
             Rich.
             Leichfield
          
           and
           
             Coventry
             ,
          
           Doctor
           
             Caesar
             ,
             Thomas
             Parry
             ,
             Daniel
             Dunne
             ,
             Iohn
             Bennet
             ,
             Franc.
             Iames
             ,
          
           and
           
             Thomas
             Edwards
             ,
          
           authorised
           under
           the
           Kings
           Broad
           Seale
           ,
           Plaintiffs
           ,
           in
           
             Ian.
          
           1616.
           
        
         
           That
           she
           and
           
             Robert
          
           Earle
           of
           
             Essex
          
           were
           married
           by
           publique
           Rites
           and
           Ceremonies
           of
           the
           Church
           ,
           in
           
             Ian.
          
           1603.
           
        
         
           That
           she
           at
           the
           same
           time
           was
           fully
           thirteen
           years
           old
           ,
           and
           is
           at
           this
           time
           twenty
           two
           ,
           or
           twenty
           three
           .
        
         
           That
           the
           foresaid
           
             Robert
          
           at
           the
           time
           of
           the
           pretentended
           Marriage
           was
           about
           fourteen
           ,
           and
           is
           about
           two
           and
           twenty
           ,
           or
           three
           and
           twenty
           at
           this
           time
           ;
           and
           ever
           since
           ,
           and
           at
           this
           present
           is
           a
           man
           (
           as
           far
           forth
           as
           a
           man
           may
           judge
           )
           and
           hath
           been
           in
           good
           health
           and
           perfect
           estate
           of
           body
           ,
           not
           any
           way
           hindred
           by
           any
           ague
           or
           sicknesse
           ,
           but
           that
           he
           might
           have
           carnall
           copulation
           with
           a
           woman
           .
        
         
           That
           since
           the
           pretended
           Marriage
           at
           least
           by
           the
           space
           of
           a
           whole
           year
           ,
           and
           continued
           three
           years
           after
           the
           said
           
             Robert
          
           had
           fully
           attained
           the
           age
           of
           eighteen
           
           yeares
           (
           as
           time
           and
           place
           did
           serve
           )
           after
           the
           fashion
           of
           other
           marryed
           Folks
           ,
           the
           said
           
             Frances
             Howard
          
           in
           hope
           of
           lawfull
           Issue
           and
           desirous
           to
           be
           made
           a
           Mother
           ,
           lived
           together
           with
           the
           said
           
             Robert
          
           at
           bed
           and
           board
           ,
           and
           lay
           both
           naked
           ,
           and
           alone
           in
           the
           same
           bed
           (
           as
           married
           Folks
           use
           )
           and
           desirous
           to
           be
           made
           a
           Mother
           from
           time
           to
           time
           ,
           again
           ,
           and
           again
           yeelded
           herselfe
           to
           his
           power
           ,
           and
           as
           much
           as
           lay
           in
           her
           offered
           her self
           and
           her
           body
           to
           be
           known
           ,
           and
           earnestly
           desired
           conjunction
           and
           copulation
           :
           And
           also
           the
           said
           Earle
           in
           the
           same
           time
           ,
           very
           often
           ,
           again
           and
           again
           ,
           did
           try
           to
           have
           copulation
           as
           with
           his
           lawful
           wife
           ,
           which
           she
           refused
           not
           ,
           but
           used
           the
           best
           means
           she
           could
           .
           Notwithstanding
           all
           this
           ,
           the
           said
           Earle
           could
           never
           carnally
           know
           her
           ,
           nor
           have
           that
           copulation
           in
           any
           sort
           which
           the
           Married-bed
           alloweth
           ;
           yet
           before
           the
           said
           pretended
           Marriage
           and
           since
           ,
           the
           said
           Earle
           hath
           had
           ,
           and
           hath
           power
           and
           ability
           of
           body
           to
           deal
           with
           other
           women
           ,
           and
           to
           know
           them
           carnally
           ,
           and
           sometimes
           hath
           felt
           the
           motions
           and
           pricks
           of
           the
           flesh
           carnally
           and
           tending
           to
           carnal
           copulation
           as
           he
           saith
           ,
           and
           believeth
           :
           but
           by
           perpetual
           and
           natural
           impediment
           hath
           been
           hindered
           all
           the
           former
           time
           ,
           and
           is
           at
           this
           present
           ,
           that
           he
           can
           have
           no
           copulation
           with
           the
           said
           Lady
           
             Frances
             .
          
        
         
           Furthermore
           ,
           the
           said
           Lady
           
             Frances
          
           hath
           been
           ,
           and
           is
           a
           woman
           fit
           and
           able
           to
           have
           copulation
           with
           a
           man
           and
           such
           an
           one
           as
           may
           be
           carnally
           known
           ,
           neither
           hath
           in
           this
           regard
           any
           impediment
           .
        
         
           Moreover
           the
           said
           Lady
           
             Frances
          
           remaineth
           ,
           and
           is
           at
           this
           present
           a
           Virgin
           .
        
         
           Also
           at
           the
           time
           of
           the
           pretended
           marriage
           ,
           the
           said
           Lady
           
             Frances
          
           was
           unacquainted
           with
           the
           said
           Earles
           want
           of
           ability
           and
           impediment
           formerly
           mentioned
           .
        
         
           And
           furthermore
           ,
           the
           said
           Earle
           long
           before
           this
           
           Suit
           commenced
           ,
           hath
           very
           often
           ,
           and
           at
           sundry
           times
           confessed
           in
           good
           earnest
           ,
           before
           witnesses
           of
           good
           credite
           ,
           and
           his
           friends
           and
           kinsfolks
           ,
           that
           although
           he
           did
           his
           best
           endeavour
           ,
           yet
           he
           never
           could
           not
           ,
           nor
           at
           this
           time
           can
           have
           Copulation
           with
           the
           said
           Lady
           
             Frances
             ,
          
           no
           not
           once
           .
        
         
           And
           also
           in
           regard
           of
           womanish
           modesty
           ,
           the
           said
           Lady
           
             Frances
          
           hath
           concealed
           the
           former
           matter
           ,
           and
           had
           a
           purpose
           ever
           to
           conceale
           it
           ,
           if
           she
           had
           not
           been
           forced
           through
           false
           rumours
           of
           disobedience
           to
           the
           said
           Earle
           to
           reveale
           them
           .
        
         
           She
           requireth
           ,
           since
           this
           pretended
           Matrimony
           is
           but
           a
           fact
           ,
           and
           not
           in
           right
           ;
           It
           may
           be
           Pronounced
           ,
           Adjudged
           ,
           and
           Declared
           ,
           as
           none
           of
           none
           effect
           ,
           and
           she
           may
           be
           quit
           and
           freed
           from
           all
           Knot
           and
           Bond
           of
           the
           same
           ,
           by
           your
           Sentence
           and
           Authority
           .
        
         
           
             The
             Earle
             of
             
               Essex
            
             replyeth
             ,
             
               5.
               
               Jun.
               1614.
               
            
          
           
             TO
             the
             first
             and
             second
             ,
             he
             answereth
             affirmatively
             .
          
           
             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
             sicknesse
             or
             impediments
             to
             hinder
             him
             ,
             but
             that
             he
             might
             have
             had
             Copulation
             of
             a
             woman
             ,
             saving
             in
             the
             time
             of
             his
             sicknesse
             of
             the
             Smal-Pox
             ,
             two
             or
             three
             years
             after
             the
             said
             Marriage
             ,
             which
             continued
             for
             a
             moneth
             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
             lye
             in
             bed
             most
             commonly
             with
             her
             ,
             but
             felt
             no
             motion
             or
             provocation
             ;
             and
             therefore
             attempted
             the
             first
             year
             :
             when
             he
             was
             willing
             ,
             she
             shewed
             her self
             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
             wombe
             ,
             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
             perpetuall
             and
             natural
             impediments
             he
             knoweth
             not
             what
             the
             words
             meaneth
             ,
             but
             that
             he
             hath
             layen
             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
             nineth
             ,
             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
             Arch-bishop
             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
             lesse
             accompted
             then
             a
             sacred
             thing
             ,
             as
             being
             instituted
             by
             God
             himself
             in
             Paradice
             ,
             honoured
             by
             the
             presence
             of
             our
             Saviour
             himself
             ,
             declared
             by
             St.
             
               Paul
            
             to
             be
             a
             signe
             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
             doe
             the
             rather
             ask
             ,
             because
             I
             finde
             warrants
             expressely
             (
             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
             Eunuches
             ,
             which
             are
             so
             born
             of
             their
             Mothers
             belly
             ,
             and
             there
             be
             some
             which
             are
             made
             chaste
             of
             men
             ,
             and
             there
             be
             some
             which
             have
             made
             themselves
             chaste
             for
             the
             Kingdome
             of
             Heaven
             .
          
           
             I
             would
             also
             know
             gladly
             ,
             what
             ancient
             Father
             amongst
             the
             Greeks
             or
             Latines
             ,
             by
             occasion
             of
             interpretation
             of
             Scripture
             ,
             or
             any
             disputation
             hath
             mentined
             
               maleficium
               versus
               hanc
               .
            
          
           
             The
             like
             I
             demand
             touching
             ancient
             Councels
             ,
             either
             General
             or
             Provincial
             ,
             and
             concerning
             Stories
             Ecclesiastical
             ,
             whether
             any
             such
             matter
             be
             to
             be
             found
             in
             them
             .
             If
             (
             for
             ought
             that
             appeareth
             )
             never
             mention
             was
             made
             of
             this
             untill
             
               Hercanus
               Rhemesis
               Episcopus
               ,
            
             who
             lived
             400.
             years
             after
             Christ
             ,
             it
             may
             well
             be
             conceived
             that
             this
             was
             a
             concomitant
             of
             darknesse
             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
             imbraced
             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
             physick
             ,
             the
             other
             external
             .
          
           
             For
             the
             first
             ,
             our
             Saviour
             said
             ,
             
               hoc
               genus
               demonirum
               
               non
               ejicitur
               nisi
               per
               orationem
               &
               Iejunium
               .
            
             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
             joyn
             Supplication
             and
             their
             exorcismes
             thereunto
             :
             And
             for
             corporal
             medicine
             to
             be
             applyed
             there
             with
             ,
             as
             against
             a
             disease
             .
             So
             is
             the
             Judgement
             of
             our
             late
             Divines
             ,
             whether
             they
             speak
             of
             
               Maleficium
            
             or
             not
             .
          
           
             Now
             admit
             the
             Earle
             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
             Physick
             hath
             been
             taken
             or
             medicine
             applyed
             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
             mans
             wit
             can
             foresee
             the
             end
             ,
             either
             in
             his
             person
             ,
             or
             in
             the
             example
             .
          
           
             The
             Arch-bishop
             for
             Confirmation
             of
             this
             opinion
             shewed
             the
             testimony
             of
             
               Beza
               ,
               Melancthon
               ,
               Perillus
               ,
               Hemingus
               ,
               Pollanus
               ,
               Feriterius
               ,
            
             and
             
               Gautius
               .
            
          
        
         
           
             The
             Kings
             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
             accompted
             ,
             and
             therefore
             your
             consequence
             upon
             the
             Proposition
             must
             faile
             .
             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
               ,
            
             then
             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
             Sisters
             Daughter
             ,
             or
             the
             marriage
             of
             two
             Sisters
             ,
             but
             a
             
               paritate
               rationis
               ,
            
             for
             none
             of
             them
             is
             in
             
               terminis
            
             prohibited
             by
             Scriptures
             ,
             onely
             the
             construction
             is
             gathered
             a
             
               paritate
               rationis
            
             :
             for
             if
             it
             be
             not
             lawfull
             to
             marry
             your
             Fathers
             Wife
             ,
             because
             thereby
             you
             discover
             your
             Fathers
             shame
             ;
             nor
             his
             Sister
             ,
             because
             she
             is
             his
             Kinswoman
             ;
             nor
             your
             own
             Sister
             ,
             because
             thereby
             you
             discover
             your
             Father
             and
             Mothers
             shame
             ;
             it
             can
             no
             more
             be
             lawfull
             to
             marry
             your
             Sisters
             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
             spake
             onely
             of
             three
             sorts
             of
             Eunuches
             ,
             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
             naturall
             or
             accidentall
             ,
             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
             unlawfull
             means
             taken
             from
             
             him
             :
             neither
             is
             it
             any
             way
             needfull
             to
             crave
             the
             particular
             warrant
             of
             the
             Scripture
             for
             a
             Nullity
             ,
             no
             more
             then
             of
             warrantie
             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
             then
             he
             forbiddeth
             marrying
             within
             the
             fourth
             degree
             without
             leave
             obtained
             of
             the
             Bishop
             of
             the
             Diocesse
             :
             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
             universall
             ,
             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
             unnaturall
             practices
             ,
             that
             is
             ever
             
               par
               ratio
               ,
            
             he
             is
             
               Eunuchus
               versus
               hanc
               ,
               &
               omnes
               alias
               ,
            
             seeing
             to
             her
             onely
             was
             he
             married
             .
          
           
             Then
             
               paritate
               rationis
               ,
            
             such
             nullities
             are
             grounded
             upon
             the
             foresaid
             warrantie
             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
               Abrahams
            
             wife
             ,
             and
             so
             was
             made
             by
             God
             himself
             
               Eunuchus
               versus
               hanc
               ,
            
             and
             that
             be
             not
             improbable
             ,
             that
             the
             Devil
             being
             Gods
             Ape
             ,
             should
             imitate
             Gods
             works
             by
             his
             filthy
             Witch-craft
             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
             doe
             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
             Emperours
             ,
             the
             judgement
             and
             disposition
             of
             all
             such
             questions
             did
             still
             remain
             
               in
               foro
               civili
               ,
            
             untill
             the
             Popedome
             began
             to
             wax
             great
             ,
             and
             to
             assume
             ,
             or
             rather
             to
             usurpe
             to
             her self
             a
             supream
             and
             independant
             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
             evill
             argument
             to
             say
             such
             a
             thing
             is
             unlawfull
             ,
             because
             the
             the
             Fathers
             and
             Councils
             make
             no
             mention
             of
             it
             :
             for
             you
             know
             much
             better
             then
             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
             onely
             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
             (
             J
             say
             )
             before
             that
             ,
             this
             trick
             of
             
               maleficium
            
             had
             not
             been
             put
             in
             practise
             in
             the
             world
             ;
             and
             therefore
             not
             known
             or
             mentioned
             by
             them
             .
             For
             why
             may
             not
             the
             Devil
             as
             well
             finde
             out
             new
             tricks
             of
             Witch-craft
             (
             when
             God
             will
             permit
             him
             )
             as
             he
             doth
             daily
             new
             Sects
             and
             Heresies
             ?
             for
             his
             malice
             can
             never
             end
             untill
             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
             divellish
             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
             darknesse
             gave
             the
             devil
             occasion
             to
             devise
             such
             new
             tricks
             ,
             (
             look
             my
             
               Demonologie
            
             )
             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
             doe
             scarce
             tearm
             this
             time
             a
             time
             of
             blindnesse
             ;
             but
             how
             great
             soever
             that
             darknesse
             was
             in
             point
             of
             Superstition
             ,
             I
             will
             still
             maintain
             as
             I
             have
             ever
             done
             ,
             that
             for
             matter
             of
             order
             and
             policie
             ,
             all
             the
             world
             shall
             never
             be
             able
             to
             finde
             out
             any
             so
             good
             ,
             and
             so
             old
             an
             order
             of
             Government
             to
             be
             put
             in
             the
             place
             of
             that
             ;
             in
             signe
             whereof
             there
             is
             no
             well
             governed
             Common-wealth
             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
             onely
             a
             question
             of
             order
             and
             policie
             ,
             for
             the
             ground
             of
             this
             question
             ,
             that
             the
             essential
             point
             of
             Matrimony
             cannot
             be
             accomplished
             
               sine
               copula
               ,
            
             is
             warranted
             by
             Scripture
             ,
             and
             warranted
             by
             your self
             .
          
           
             To
             your
             sixth
             Argument
             ,
             or
             rather
             hope
             ,
             I
             fear
             that
             hope
             shal
             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
             :
             
               Iob
            
             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
             shew
             
               officii
               altum
            
             of
             purging
             mans
             original
             sin
             ,
             the
             
               praeputium
            
             of
             the
             foreskin
             .
             And
             to
             exempt
             these
             of
             our
             Profession
             from
             the
             power
             of
             Witchraft
             ,
             is
             a
             Paradox
             
             never
             yet
             maintained
             by
             any
             learned
             or
             wise
             men
             .
          
           
             That
             the
             Devils
             power
             is
             not
             so
             universal
             against
             us
             ,
             I
             freely
             confesse
             ,
             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
             .
          
           
             Sathan
             is
             permitted
             to
             punish
             man
             as
             well
             for
             the
             breach
             of
             the
             second
             ,
             as
             of
             the
             first
             Table
             ,
             and
             therefore
             are
             we
             no
             lesse
             guilty
             then
             the
             Papists
             are
             ;
             and
             if
             the
             power
             of
             Witchraft
             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
             enstrange
             the
             Husbands
             affections
             towards
             the
             Wife
             ,
             as
             he
             cannot
             be
             able
             to
             performe
             that
             duty
             unto
             her
             ;
             for
             that
             is
             a
             common
             thing
             in
             many
             mens
             natures
             ,
             that
             they
             cannot
             doe
             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
             owne
             Trade
             .
          
           
             To
             the
             seventh
             Argument
             touching
             Remedies
             ,
             what
             doe
             you
             know
             whether
             both
             parties
             ,
             or
             either
             of
             them
             ,
             have
             used
             their
             meanes
             of
             remedy
             or
             not
             ?
             and
             that
             special
             remedy
             should
             be
             used
             publikly
             ?
             for
             then
             I
             can
             see
             no
             necessity
             ,
             for
             
               non
               interest
               reipub.
               nec
               ecclesiae
               ,
            
             and
             private
             persons
             are
             commanded
             to
             their
             fastings
             ,
             and
             their
             Almes
             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
             doe
             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
             president
             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
             processe
             :
             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
             kinde
             of
             forced
             continencie
             may
             availe
             ,
             the
             Monks
             continencie
             may
             teach
             us
             .
             And
             for
             a
             president
             in
             time
             to
             come
             ,
             that
             reacheth
             no
             further
             then
             to
             open
             a
             way
             of
             lawful
             relief
             to
             any
             persons
             who
             shall
             chance
             to
             be
             distressed
             in
             that
             sort
             .
          
           
             And
             for
             the
             Legal
             Doubts
             ,
             they
             concerne
             none
             of
             your
             calling
             ;
             for
             if
             your
             conscience
             be
             resolved
             in
             point
             of
             Divinity
             ,
             that
             is
             your
             part
             to
             give
             your
             consent
             to
             Nullity
             ,
             and
             let
             the
             Lawyers
             take
             the
             burden
             of
             making
             it
             so
             formal
             .
          
           
             And
             as
             for
             the
             Trienial
             probation
             ,
             I
             hope
             no
             man
             can
             be
             so
             blinde
             as
             to
             make
             a
             doubt
             whether
             it
             be
             taken
             before
             or
             after
             the
             suit
             began
             .
          
           
             And
             in
             conclusion
             of
             divine
             solution
             of
             this
             question
             ,
             proved
             clearly
             ,
             that
             this
             resolution
             of
             this
             doubt
             ,
             howsoever
             it
             was
             in
             blindnesse
             ,
             as
             you
             think
             ,
             that
             is
             now
             proved
             in
             the
             greatest
             time
             of
             light
             and
             purity
             of
             the
             profession
             of
             the
             Gospel
             :
             And
             for
             your
             extract
             upon
             the
             late
             Divines
             opinions
             upon
             this
             question
             ,
             I
             cannot
             guesse
             what
             your
             intent
             was
             in
             sending
             them
             to
             me
             ,
             for
             they
             all
             agree
             in
             tearms
             of
             my
             opinion
             ;
             but
             there
             is
             such
             a
             thing
             as
             
               Maleficium
               &
               maleficiale
               versus
               
               hanc
            
             :
             And
             your
             very
             enterlude
             passage
             proves
             the
             clearest
             ;
             and
             for
             that
             advice
             concerning
             the
             Remedies
             that
             is
             
               consilium
               non
               decretum
               ,
            
             not
             imposing
             a
             necessity
             ,
             but
             is
             to
             be
             used
             by
             discretion
             ,
             as
             occasion
             shall
             serve
             or
             require
             it
             .
          
           
             To
             conclude
             then
             ,
             if
             this
             may
             satisfie
             your
             doubts
             ,
             I
             will
             end
             with
             our
             Saviours
             words
             to
             St
             
               Peter
               ,
               Cum
               conversus
               fueris
               confirma
               sratres
               tuos
            
             ;
             for
             on
             my
             conscience
             ,
             all
             the
             doubts
             that
             I
             have
             seen
             ,
             are
             nothing
             but
             
               Nodos
               in
               scirpo
               quaerere
               .
            
          
           
             The
             Midwives
             appointed
             to
             make
             inspection
             upon
             the
             Ladies
             body
             ,
             gave
             in
             ,
             that
             the
             Lady
             of
             
               Essex
            
             is
             a
             woman
             apt
             to
             have
             copulation
             ,
             to
             bring
             forth
             children
             ,
             and
             that
             the
             said
             Lady
             is
             a
             Virgin
             and
             uncorrupted
             .
             Three
             Ladies
             affirme
             that
             they
             believe
             the
             same
             ,
             for
             that
             they
             were
             present
             when
             the
             Midwives
             made
             their
             inspection
             ,
             and
             did
             see
             them
             give
             good
             reasons
             for
             it
             .
          
           
             There
             is
             a
             sentence
             of
             Divorce
             given
             for
             the
             Nullity
             of
             the
             Marriage
             ,
             and
             both
             parties
             married
             againe
             .
          
           
             
               The
               Commissioners
               that
               gave
               the
               Sentence
               .
            
             
               Bishops
               
                 Winchester
                 .
              
            
             
               Bishops
               
                 Ely
                 .
              
            
             
               Bishops
               
                 Coventry
              
               and
               
                 Liechfield
                 .
              
            
             
               Bishops
               
                 Rochester
                 .
              
            
             
               Doctors
               Sr
               
                 Iulius
                 Caesar
                 .
              
            
             
               Doctors
               Sr
               
                 Thomas
                 Parry
                 .
              
            
             
               Doctors
               Sr
               
                 Daniel
                 Dunne
                 .
              
            
          
           
           
             
               Commissioners
               dissenting
               .
            
             
               Bishops
               Arch.
               B.
               of
               
                 Canterbury
                 .
              
            
             
               Bishops
               Bishop
               of
               
                 London
                 .
              
            
             
               Doctors
               Sr
               
                 Iohn
                 Bennet
                 .
              
            
             
               Doctors
               
                 Fran.
                 Iames
                 .
              
            
             
               Doctors
               
                 Tho.
                 Edwards
                 .
              
            
          
        
      
       
       
         
           The
           proceedings
           against
           
             Richard
             Weston
             ,
          
           at
           his
           Arraingment
           at
           
             Guild-hall
             ,
          
           Novem.
           
             19.
             1615.
          
           before
           the
           Lord
           
             Maior
             ,
          
           the
           Lord
           Chief
           Iustice
           of
           
             England
             ,
          
           and
           three
           other
           Iustices
           of
           the
           Kings
           Bench
           ,
           
             Crook
             ,
             Dodrige
             ,
          
           and
           
             Hanton
             ,
          
           and
           Serjeant
           
             Crew
          
           another
           of
           the
           Commissioners
           .
        
         
           THE
           Court
           being
           set
           ,
           the
           Kings
           special
           Commission
           being
           read
           ,
           the
           Lord
           Chiefe
           Justice
           gave
           the
           Charge
           ;
           the
           effect
           whereof
           was
           ,
           First
           ,
           to
           expresse
           the
           Kings
           pious
           inclination
           and
           command
           unto
           just
           proceedings
           against
           all
           such
           as
           should
           be
           any
           way
           proved
           to
           be
           guilty
           of
           the
           murthering
           and
           poysoning
           of
           Sr
           
             Tho.
             Overbury
             ,
          
           his
           Majesties
           prisoner
           in
           the
           Tower
           .
        
         
           Secondly
           ,
           to
           aggravate
           the
           manner
           ,
           and
           quality
           of
           the
           murther
           ,
           in
           shewing
           the
           basenesse
           of
           poysoning
           above
           all
           other
           kinds
           of
           murther
           ;
           declaring
           the
           vengeance
           of
           God
           ,
           and
           his
           justice
           in
           punishing
           the
           offenders
           ;
           he
           alleadged
           Gen.
           9.6
           .
           
             Quicunque
             effunderit
             humanum
             sanguinem
             effundetur
             sanguis
             illius
             ,
             ad
             Imaginem
             quippe
             factus
             esthomo
          
           :
           He
           also
           took
           the
           example
           of
           
             Vrias
          
           by
           
             David
          
           ;
           he
           therein
           observed
           how
           adultery
           is
           most
           often
           the
           begetter
           of
           that
           sin
           .
        
         
           Then
           he
           declared
           that
           of
           all
           Felonies
           ,
           murther
           is
           the
           most
           horrible
           ;
           of
           all
           murthers
           ,
           poysoning
           the
           most
           detestable
           ;
           and
           of
           all
           poysoning
           ,
           the
           lingering
           poysoning
           .
        
         
           He
           shewed
           how
           by
           an
           Act
           of
           Parliament
           ,
           22.
           
             H.
          
           8
           ,
           9.
           
           it
           was
           made
           Treason
           ,
           and
           that
           wilful
           poysoners
           should
           be
           boyled
           to
           death
           ,
           rehearsing
           the
           example
           of
           one
           
             Richard
             Rouse
          
           that
           had
           poysoned
           a
           man
           and
           woman
           ,
           and
           was
           therefore
           scalded
           to
           death
           .
        
         
           Then
           he
           laid
           open
           to
           the
           Jury
           the
           basenesse
           and
           cowardliness
           of
           poysoners
           ,
           who
           attempt
           it
           secretly
           ,
           against
           which
           there
           is
           no
           means
           of
           preservation
           or
           defence
           for
           a
           mans
           life
           ;
           and
           how
           rare
           it
           was
           to
           heare
           of
           poysoning
           in
           
             England
             ,
          
           so
           detestable
           to
           our
           Nation
           ,
           but
           that
           since
           the
           Devil
           hath
           taught
           divers
           to
           be
           so
           cunning
           in
           it
           ,
           so
           that
           they
           can
           poyson
           in
           what
           distance
           of
           place
           they
           please
           by
           consuming
           the
           
             Nativum
             calidum
             ,
          
           or
           
             humidum
             radicale
             ,
          
           in
           one
           month
           ,
           two
           or
           three
           ,
           or
           more
           as
           they
           list
           ,
           which
           they
           foure
           manner
           of
           wayes
           do
           execute
           ,
           1
           
             Gustu
             .
          
           2
           
             Haustu
             .
          
           3
           
             Odore
             .
          
           4
           
             Contactu
             .
          
        
         
           He
           finisheth
           his
           charge
           with
           serious
           exhortations
           to
           the
           Jury
           to
           do
           justice
           in
           presenting
           the
           truth
           ,
           notwithstanding
           the
           greatnesse
           of
           any
           that
           upon
           their
           evidence
           should
           appeare
           to
           be
           guilty
           of
           the
           same
           offence
           ,
           comforting
           both
           Judge
           and
           Jury
           with
           the
           Scripture
           ,
           
             Psal.
          
           5.8
           .
           
             fin
             .
             For
             thou
             Lord
             wilt
             blesse
             the
             righteous
             ,
             with
             favour
             wilt
             thou
             comfort
             them
             as
             with
             a
             shield
             .
          
        
         
           The
           charge
           being
           ended
           ,
           the
           Jury
           consisting
           of
           fourteen
           persons
           ,
           did
           for
           the
           space
           of
           an
           houre
           depart
           from
           the
           Court
           into
           a
           private
           room
           ,
           where
           they
           received
           their
           evidence
           from
           Mr.
           
             Fanshaw
          
           his
           Majesties
           Coroner
           ,
           and
           his
           Highnesse
           Councel
           prepared
           and
           instructed
           for
           that
           purpose
           ,
           with
           the
           examinations
           and
           confessions
           as
           well
           of
           the
           Prisoner
           himselfe
           ,
           as
           of
           divers
           witnesses
           before
           that
           time
           taken
           by
           the
           Lord
           Chiefe
           Justice
           of
           
             England
             ,
          
           and
           others
           of
           the
           Lords
           of
           his
           Majesties
           Councel
           .
        
         
           In
           the
           mean
           time
           Mr.
           
             William
             Goare
          
           Sheriffe
           of
           
             London
             ,
          
           was
           commanded
           to
           fetch
           his
           Prisoner
           remaining
           in
           his
           house
           ,
           to
           be
           ready
           in
           Court
           for
           his
           Arraignment
           :
           
           So
           a
           certaine
           space
           after
           ,
           the
           Grand
           Jury
           returned
           to
           the
           Bar
           ,
           and
           delivered
           in
           their
           Bill
           of
           Indictment
           ,
           signed
           
             Billa
             vera
          
           ;
           whereupon
           the
           Prisoner
           was
           set
           up
           to
           the
           Bar
           ,
           and
           the
           Indictment
           read
           by
           Mr.
           
             Fanshaw
             ,
          
           which
           contained
           in
           effect
           :
        
         
           That
           
             Richard
             Weston
          
           being
           about
           the
           age
           of
           sixty
           yeares
           ,
           not
           having
           the
           feare
           of
           God
           before
           his
           eyes
           ,
           but
           instigated
           by
           the
           Devil
           ,
           devised
           and
           contrived
           not
           only
           to
           bring
           upon
           the
           body
           of
           Sir
           
             Tho.
             
             Overb.
          
           great
           sicknesse
           and
           diseases
           ,
           but
           also
           deprive
           him
           of
           his
           life
           :
           and
           to
           bring
           the
           same
           to
           passe
           ,
           the
           ninth
           of
           
             May
          
           1613.
           and
           in
           the
           eleventh
           yeare
           of
           his
           Majesties
           Reigne
           ,
           at
           the
           Tower
           of
           
             London
          
           in
           the
           Parish
           of
           
             Alhallows
             Barking
             ,
          
           did
           obtaine
           and
           get
           into
           his
           hands
           certaine
           poyson
           of
           green
           and
           yellow
           colour
           ,
           called
           
             Rosacar
          
           (
           knowing
           the
           same
           to
           be
           deadly
           poyson
           )
           and
           the
           same
           did
           maliciously
           and
           feloniously
           compound
           and
           mingle
           with
           a
           kinde
           of
           Broth
           powred
           into
           a
           certaine
           dish
           ,
           and
           the
           same
           Broth
           so
           infected
           ,
           did
           give
           and
           deliver
           to
           the
           said
           Sr
           
             Th.
             
             Overb.
          
           as
           good
           and
           wholsome
           Broth
           ,
           to
           the
           intent
           to
           kill
           and
           poyson
           the
           said
           Sr
           
             Tho.
             
             Overb.
          
           which
           Broath
           he
           took
           and
           did
           eat
           .
        
         
           Also
           the
           said
           
             Weston
          
           upon
           the
           first
           of
           
             Iuly
             ,
             an.
          
           11
           Reigne
           aforesaid
           ,
           did
           in
           like
           manner
           get
           another
           poyson
           or
           poysonous
           powder
           ,
           called
           
             White-arsnick
             ,
          
           and
           knowing
           the
           same
           to
           be
           deadly
           poyson
           ,
           did
           give
           unto
           the
           said
           Sr
           
             Tho.
             
             Overb.
          
           as
           good
           and
           wholesome
           to
           eat
           ,
           who
           in
           like
           manner
           took
           and
           eat
           the
           same
           .
        
         
           Also
           that
           
             Weston
          
           upon
           the
           said
           nineteenth
           of
           
             Iuly
          
           following
           ,
           did
           get
           another
           poyson
           called
           
             Mercury
             sublimate
             ,
          
           knowing
           the
           same
           to
           be
           mortal
           poyson
           ,
           and
           put
           and
           mingled
           the
           same
           in
           Tarts
           and
           Jellies
           ,
           and
           gave
           the
           same
           to
           the
           said
           Sr
           
             Tho.
             
             Overb.
          
           as
           good
           and
           wholesome
           to
           eat
           ,
           which
           he
           in
           like
           manner
           took
           ,
           and
           did
           eat
           .
        
         
           Also
           the
           said
           
             Weston
             ,
          
           and
           another
           man
           unknown
           
           (
           being
           an
           Apothecary
           )
           afterwards
           upon
           the
           fourteenth
           of
           
             Decem.
          
           felloniously
           did
           get
           a
           poyson
           called
           
             Mercury
             sublimate
             ,
          
           knowing
           the
           same
           to
           be
           deadly
           poyson
           ,
           and
           ●ut
           the
           same
           into
           a
           Glister
           ;
           and
           the
           said
           Glister
           ,
           the
           said
           Apothecary
           for
           the
           reward
           of
           20
           
             li.
          
           promised
           unto
           him
           ,
           did
           put
           and
           administer
           as
           good
           and
           wholesome
           into
           the
           guts
           of
           the
           said
           Sr
           
             Thomas
          
           ;
           &
           that
           
             Weston
          
           was
           present
           and
           aiding
           to
           the
           said
           Apothecary
           in
           ministring
           &
           infusing
           the
           said
           Glister
           ;
           and
           immediately
           after
           Sr
           
             Th.
          
           did
           languish
           ,
           and
           fell
           into
           diseases
           &
           distempers
           ,
           and
           from
           the
           aforesaid
           times
           of
           taking
           and
           eating
           the
           said
           poysoned
           meats
           ,
           and
           ministring
           the
           said
           Glister
           ,
           he
           dyed
           .
           And
           so
           the
           Jury
           gave
           their
           verdict
           that
           
             Weston
          
           in
           this
           manner
           had
           killed
           ,
           poysoned
           ,
           and
           murthered
           the
           said
           Sr
           
             Tho.
             Overbury
             ,
          
           against
           the
           Kings
           peace
           and
           dignity
           .
        
         
           Which
           Indictment
           being
           read
           ,
           he
           was
           demanded
           if
           he
           were
           guilty
           of
           the
           Fellony
           ,
           murthering
           and
           poysoning
           as
           aforesaid
           ,
           yea
           ,
           or
           no
           ?
           To
           which
           he
           answered
           ,
           doubling
           his
           speech
           ,
           
             Lord
             have
             mercy
             upon
             me
             ;
             Lord
             have
             mercy
             upon
             me
             .
          
           But
           being
           again
           demanded
           ,
           he
           answered
           ,
           Not
           guilty
           ;
           and
           being
           then
           demanded
           how
           he
           would
           be
           tryed
           ,
           he
           answered
           .
           He
           referred
           himself
           to
           God
           ,
           and
           would
           be
           tryed
           by
           God
           ,
           refusing
           to
           put
           himselfe
           and
           his
           cause
           on
           the
           Jury
           or
           Country
           according
           to
           the
           Law
           and
           Custome
           .
        
         
           Hereupon
           the
           Lord
           Chiefe
           Justice
           ,
           and
           all
           other
           in
           their
           order
           ,
           spent
           the
           space
           of
           an
           houre
           in
           perswading
           him
           to
           put
           himselfe
           upon
           the
           trial
           of
           the
           Law
           ,
           declaring
           unto
           him
           the
           danger
           and
           mischiefe
           he
           runnes
           into
           by
           resisting
           his
           ordinary
           course
           of
           triall
           ,
           being
           the
           means
           ordained
           by
           God
           for
           his
           deliverance
           if
           he
           were
           innocent
           ;
           and
           how
           by
           this
           means
           he
           should
           make
           himselfe
           the
           authour
           of
           his
           owne
           death
           ,
           even
           as
           if
           he
           should
           with
           a
           knife
           or
           dagger
           kill
           or
           stab
           himselfe
           ;
           exhorting
           him
           very
           earnestly
           either
           with
           repentance
           
           to
           confesse
           his
           fault
           ,
           or
           else
           with
           humility
           and
           duty
           to
           submit
           himselfe
           to
           his
           ordinary
           trial
           ;
           whereupon
           he
           stubbornly
           answered
           ,
           Welcome
           by
           the
           grace
           of
           God
           ;
           and
           he
           referred
           himself
           to
           God
           ,
           and
           so
           no
           perswasions
           would
           prevail
           :
           The
           Lord
           Chiefe
           Justice
           plainly
           delivered
           his
           opinion
           ,
           that
           he
           was
           perswaded
           that
           
             Weston
          
           had
           been
           dealt
           withall
           by
           some
           great
           ones
           (
           guilty
           of
           the
           same
           fact
           )
           as
           accessary
           ,
           to
           stand
           mute
           ,
           whereby
           they
           might
           escape
           their
           punishment
           ;
           and
           therefore
           he
           commanded
           (
           for
           satisfaction
           of
           the
           world
           )
           that
           the
           Queens
           Attorney
           there
           present
           should
           declare
           and
           set
           forth
           the
           whole
           evidence
           without
           any
           fear
           or
           partiality
           ;
           and
           yet
           notwithstanding
           ,
           he
           once
           more
           used
           much
           perswasion
           to
           the
           Prisoner
           to
           consider
           what
           destruction
           he
           had
           brought
           upon
           himself
           by
           his
           contempt
           ,
           and
           declared
           unto
           him
           his
           offence
           of
           contempt
           was
           in
           refusing
           his
           triall
           ,
           and
           how
           the
           Laws
           of
           the
           Land
           had
           provided
           a
           sharp
           and
           more
           severe
           punishment
           to
           such
           offenders
           ,
           then
           unto
           those
           that
           were
           guilty
           of
           high
           Treason
           ,
           and
           so
           repeated
           the
           form
           of
           the
           Judgement
           given
           against
           such
           ,
           the
           extremity
           and
           rigor
           whereof
           was
           expressed
           in
           these
           words
           ;
           
             Onore
             ,
             frigore
             ,
             &
             fame
             .
          
        
         
           For
           the
           first
           ,
           that
           he
           was
           to
           receive
           his
           punishment
           by
           the
           Law
           ,
           to
           be
           extended
           ,
           and
           then
           to
           have
           weights
           laid
           upon
           him
           ,
           no
           more
           then
           he
           was
           able
           to
           bear
           ,
           which
           were
           by
           little
           and
           little
           to
           be
           increased
           .
        
         
           For
           the
           second
           ,
           that
           he
           was
           to
           be
           exposed
           in
           an
           open
           place
           near
           to
           the
           prison
           in
           the
           open
           aire
           being
           naked
           .
        
         
           And
           lastly
           ,
           that
           he
           was
           to
           be
           served
           with
           the
           coursest
           bread
           to
           be
           gotten
           ,
           and
           water
           out
           of
           the
           next
           sink
           or
           puddle
           to
           the
           place
           of
           Execution
           ;
           and
           that
           day
           he
           had
           water
           ,
           he
           should
           have
           no
           bread
           ;
           and
           that
           day
           he
           had
           bread
           ,
           he
           should
           have
           no
           water
           :
           and
           in
           this
           torment
           he
           was
           to
           linger
           as
           long
           as
           nature
           could
           
           linger
           out
           ;
           so
           that
           oftentimes
           they
           lived
           in
           the
           extremity
           eight
           or
           nine
           dayes
           :
           adding
           further
           ,
           that
           as
           life
           left
           him
           ,
           so
           judgement
           should
           finde
           him
           ;
           and
           therefore
           he
           required
           him
           upon
           considerations
           of
           these
           reasons
           ,
           to
           advise
           himself
           to
           plead
           to
           the
           Country
           ,
           who
           notwithstanding
           absolutely
           refused
           .
        
         
           Hereupon
           the
           Lord
           Chiefe
           Justice
           willed
           Sr
           
             Lawrence
             Hide
          
           the
           Queens
           Attorney
           ,
           and
           there
           of
           Counsel
           for
           the
           King
           ,
           to
           manifest
           unto
           the
           audience
           the
           guiltinesse
           of
           the
           said
           
             Weston
          
           by
           his
           owne
           confession
           ,
           signed
           with
           his
           owne
           hand
           ;
           and
           if
           in
           the
           declaration
           thereof
           they
           met
           with
           any
           great
           persons
           whatsoever
           (
           as
           certainly
           there
           was
           great
           ones
           confederates
           in
           that
           fact
           )
           he
           should
           boldly
           and
           faithfully
           open
           whatsoever
           was
           necessary
           ,
           and
           he
           could
           prove
           against
           them
           ;
           whereupon
           Mr
           Attorney
           began
           his
           accusation
           .
        
         
           First
           ,
           he
           charged
           the
           Countesse
           of
           
             Somerset
          
           and
           and
           the
           Earle
           to
           be
           principal
           movers
           of
           this
           unhappy
           conclusion
           ,
           Mrs.
           
             Turner
          
           to
           be
           of
           the
           confederacie
           ,
           and
           the
           pay-mistresse
           of
           the
           Poysoners
           rewards
           ;
           in
           which
           I
           could
           not
           but
           observe
           the
           Attornies
           boldnesse
           in
           tearming
           the
           Countesse
           a
           dead
           and
           rottten
           branch
           ,
           which
           being
           lopt
           off
           ,
           the
           whole
           Tree
           (
           meaning
           that
           noble
           Family
           )
           would
           prosper
           the
           better
           .
        
         
           Secondly
           ,
           he
           proceeded
           to
           the
           cause
           ,
           which
           he
           affirmed
           to
           be
           the
           malice
           of
           the
           Countesse
           ,
           and
           the
           ground
           of
           this
           malice
           he
           alleadged
           ,
           and
           by
           many
           inducements
           he
           evidently
           affirmed
           that
           Sr
           
             Tho.
             Over.
          
           had
           perswaded
           him
           from
           that
           adulterate
           marriage
           of
           the
           Countesse
           of
           
             Somerset
          
           then
           Countesse
           of
           
             Essex
             ,
          
           and
           for
           this
           he
           alleadged
           as
           followeth
           .
        
         
           Sr
           
             Tho.
             Over.
          
           having
           divers
           times
           disswaded
           the
           Earle
           ,
           then
           Viscount
           
             Rochester
             ,
          
           from
           seeking
           by
           any
           means
           to
           procure
           marrying
           with
           the
           Countesse
           of
           
             Essex
          
           (
           to
           which
           he
           saw
           the
           Earle
           too
           much
           inclined
           )
           
           having
           very
           earnest
           conference
           with
           the
           Earle
           one
           night
           in
           private
           in
           the
           Gallery
           at
           
             White-hall
          
           concerning
           his
           intendments
           ,
           perceiving
           the
           Earle
           that
           time
           too
           much
           to
           desire
           that
           unlawful
           conjunction
           ;
           in
           the
           ardency
           of
           his
           fervent
           affection
           unto
           the
           Earle
           ,
           and
           great
           prescience
           of
           future
           misery
           it
           would
           inevitably
           bring
           unto
           him
           (
           his
           wel-beloved
           Lord
           ,
           and
           friend
           )
           used
           speeches
           to
           this
           effect
           :
           Well
           my
           Lord
           ,
           if
           you
           do
           marry
           that
           filthy
           base
           woman
           ,
           you
           will
           utterly
           ruine
           your
           honour
           ,
           and
           your selfe
           ;
           you
           shall
           never
           do
           it
           by
           mine
           advice
           or
           consent
           :
           and
           if
           you
           do
           ,
           you
           had
           best
           look
           to
           stand
           fast
           .
        
         
           My
           Lord
           replyed
           (
           bewitched
           with
           the
           love
           of
           the
           Countesse
           ,
           and
           moved
           with
           the
           words
           of
           Sir
           
             Tho.
             Over.
          
           for
           sleighting
           her
           )
           My
           owne
           legs
           are
           streight
           ,
           and
           strong
           enough
           to
           bear
           me
           up
           ;
           but
           in
           faith
           ,
           I
           will
           be
           even
           with
           you
           for
           this
           :
           and
           so
           parted
           from
           him
           in
           a
           great
           rage
           .
        
         
           This
           conference
           was
           over-heard
           by
           some
           in
           an
           adjoyning
           room
           ,
           and
           their
           depositions
           for
           the
           truth
           thereof
           were
           read
           in
           Court
           .
        
         
           Although
           this
           conference
           moved
           the
           Earle
           to
           such
           a
           suddain
           choler
           ,
           yet
           it
           seemed
           Sir
           
             Tho.
             Over.
          
           conceited
           it
           not
           to
           be
           otherwise
           then
           a
           suddain
           extream
           distemperature
           ,
           or
           passion
           ,
           and
           not
           a
           final
           conclusion
           of
           their
           bosome
           friendship
           ;
           in
           which
           the
           Earle
           seemed
           as
           reciprocal
           as
           before
           ,
           howsoever
           in
           his
           double
           dealing
           it
           seemed
           to
           be
           clearly
           otherwise
           .
        
         
           For
           upon
           this
           the
           Earle
           moved
           the
           King
           to
           appoint
           Sir
           
             Tho.
             Over.
          
           to
           be
           Ambassadour
           for
           
             Russia
          
           :
           the
           King
           willing
           to
           prefer
           Sir
           
             Thomas
             ,
          
           as
           one
           whose
           worth
           and
           valour
           was
           yet
           unknowne
           to
           his
           Majesty
           ,
           accordingly
           injoyned
           him
           that
           service
           ;
           the
           which
           Sir
           
             Thomas
          
           was
           most
           willing
           to
           accept
           of
           as
           a
           gracious
           aspect
           of
           the
           King
           towards
           him
           :
           which
           willingnesse
           
           of
           his
           was
           proved
           by
           the
           depositions
           of
           two
           or
           three
           witnesses
           read
           in
           Court
           ,
           and
           by
           the
           oath
           of
           Sir
           
             Dudly
             Diggs
             ,
          
           who
           voluntarily
           at
           the
           arraignment
           ,
           in
           open
           Court
           upon
           his
           oath
           witnessed
           how
           Sir
           
             Thomas
          
           had
           imparted
           to
           him
           his
           readinesse
           to
           be
           imployed
           in
           an
           Ambassage
           .
        
         
           The
           Earle
           as
           well
           abusing
           the
           Kings
           favours
           in
           moving
           to
           shew
           favour
           ,
           wherein
           he
           meant
           the
           party
           should
           take
           no
           benefit
           ,
           as
           bearing
           unhonest
           friendship
           in
           conference
           with
           Sir
           
             Thomas
          
           concerning
           that
           imployment
           ,
           perswaded
           him
           to
           refuse
           to
           serve
           Ambassadour
           ,
           whereby
           (
           quoth
           he
           )
           I
           shall
           not
           be
           able
           to
           performe
           such
           kindnesse
           to
           your
           advantage
           ,
           as
           having
           you
           with
           me
           ;
           and
           (
           quoth
           he
           )
           if
           you
           be
           blamed
           or
           committed
           for
           it
           ,
           care
           not
           ,
           I
           will
           quickly
           free
           you
           from
           all
           harme
           :
           Sir
           
             Thomas
          
           thus
           betrayed
           by
           a
           friend
           ,
           refused
           to
           serve
           in
           that
           nature
           ,
           whereupon
           by
           just
           equity
           he
           was
           committed
           to
           the
           Tower
           .
        
         
           Being
           thus
           committed
           ,
           he
           was
           presently
           committed
           close
           prisoner
           ,
           and
           a
           Keeper
           he
           must
           have
           ,
           and
           who
           must
           that
           be
           but
           this
           
             Weston
             ,
          
           who
           was
           commended
           by
           the
           Countesse
           of
           
             Essex
          
           to
           Sir
           
             Thomas
             Monson
          
           to
           be
           by
           him
           commended
           over
           unto
           the
           Lieutenant
           of
           the
           Tower
           to
           be
           Keeper
           to
           Sir
           
             Tho.
             Over.
          
           Sir
           
             Tho.
             Monson
          
           according
           to
           the
           Countesses
           request
           ,
           commended
           the
           said
           
             Weston
          
           to
           Sir
           
             Iervas
             Elvis
          
           :
           whereupon
           the
           Lieutenant
           entertained
           the
           said
           
             Weston
             ,
          
           and
           appointed
           him
           to
           be
           Keeper
           to
           Sir
           
             Th.
             
             Overb.
          
           The
           said
           
             Weston
          
           upon
           his
           own
           confession
           read
           in
           Court
           ,
           signed
           with
           his
           mark
           ,
           had
           during
           the
           time
           that
           she
           was
           Countesse
           of
           
             Essex
             ,
          
           been
           a
           procurer
           and
           a
           Pander
           to
           the
           said
           Earle
           Viscount
           
             Rochester
             ,
          
           and
           the
           said
           Countesse
           of
           
             Essex
             ,
          
           for
           the
           convening
           and
           effecting
           of
           their
           adulterate
           desires
           ,
           which
           they
           did
           divers
           times
           consummate
           ,
           meeting
           in
           Mrs.
           
           
             Turners
          
           house
           once
           between
           the
           houres
           of
           eleven
           and
           twelve
           
           at
           
             Hamersmith
             ,
          
           and
           divers
           times
           elsewhere
           for
           that
           purpose
           :
           so
           that
           now
           by
           the
           procurement
           of
           the
           said
           Countess
           (
           who
           hated
           Sir
           
             T.
             Overb.
          
           for
           being
           a
           means
           to
           keep
           them
           from
           contaminating
           themselves
           with
           such
           lustful
           imbracements
           ,
           and
           from
           the
           proposed
           Marriage
           they
           mutually
           laboured
           to
           compass
           )
           Her
           Pander
           was
           become
           his
           Keeper
           ,
           a
           fit
           Agent
           for
           Lust
           and
           Murther
           .
        
         
           
             Weston
          
           now
           being
           become
           Sir
           
             Tho.
             
             Overb.
          
           Keeper
           ,
           kept
           him
           so
           close
           ,
           that
           he
           could
           scarce
           have
           the
           comfort
           of
           the
           dayes
           brightness
           ,
           neither
           suffered
           he
           any
           one
           to
           visit
           him
           ,
           father
           ,
           brother
           ,
           his
           best
           friends
           ,
           his
           neerest
           kindred
           were
           strangers
           to
           him
           from
           the
           beginning
           of
           the
           imprisonment
           unto
           the
           end
           .
        
         
           Mrs.
           
             Turner
             ,
          
           upon
           the
           first
           dayes
           keeping
           ,
           promised
           him
           a
           contented
           reward
           if
           he
           would
           administer
           such
           things
           to
           Sir
           
             Tho.
             
             Overb.
          
           as
           should
           be
           sent
           unto
           him
           ,
           thinking
           him
           a
           fit
           instrument
           to
           compass
           black
           murther
           ,
           that
           was
           so
           well
           acquainted
           with
           foul
           lust
           (
           and
           so
           indeed
           they
           found
           him
           ,
           )
           for
           he
           agreed
           ,
           and
           did
           promise
           to
           administer
           whatsoever
           she
           would
           send
           him
           .
           Mrs.
           
             Turner
          
           upon
           this
           murtherous
           promise
           ,
           the
           very
           same
           day
           
             Weston
          
           became
           Sir
           
             Tho.
             
          
           Keeper
           ,
           being
           6.
           
           
             May
             ,
          
           1613.
           sent
           unto
           him
           the
           said
           
             Weston
          
           certain
           yellow
           poyson
           called
           
             Rosacar
             ,
          
           in
           a
           viall
           ;
           
             Weston
          
           having
           received
           that
           poyson
           the
           foresaid
           6.
           
           
             May
             ,
          
           at
           night
           bringing
           Sir
           
             Tho.
             
             Overb.
          
           supper
           in
           one
           hand
           ,
           and
           the
           vial
           in
           the
           other
           ,
           meets
           with
           the
           Lieutenant
           ,
           and
           asks
           him
           in
           these
           terms
           ,
           
             Sir
             ,
             shall
             I
             give
             it
             him
             now
          
           ;
           upon
           this
           word
           
             now
          
           my
           Lord
           Chief
           Justice
           demurs
           to
           aggravate
           the
           maliciousness
           ,
           affirming
           that
           this
           particle
           
             now
          
           shewed
           a
           resolution
           to
           poyson
           him
           ,
           onely
           fit
           time
           and
           circumstances
           were
           to
           be
           respected
           by
           him
           .
           What
           shall
           you
           give
           him
           ?
           replyes
           the
           Lieutenant
           .
           
             VVeston
          
           replyes
           ,
           As
           if
           you
           do
           not
           know
           Sir
           .
           The
           Lieutenant
           blaming
           him
           ,
           he
           carries
           the
           poyson
           into
           an
           inner
           
           room
           ,
           which
           
             Weston
          
           did
           administer
           to
           Sir
           
             Tho.
             
             Overb.
          
           the
           9.
           
           
             May
          
           in
           broth
           :
           this
           was
           proved
           both
           by
           
             Weston
          
           and
           the
           Lieutenants
           Confession
           .
        
         
           
             Weston
          
           having
           given
           this
           poyson
           ,
           which
           wrought
           very
           vehemently
           with
           him
           by
           vomits
           ,
           and
           extream
           purging
           ,
           he
           presently
           demands
           his
           reward
           of
           Mrs.
           
             Turner
             ,
          
           who
           replies
           ,
           The
           man
           is
           not
           yet
           dead
           ,
           perfect
           your
           work
           ,
           and
           you
           shall
           have
           your
           hire
           .
           This
           was
           confessed
           by
           
             Weston
          
           under
           his
           mark
           .
        
         
           Sir
           
             Tho.
             Overb.
          
           by
           his
           close
           imprisonment
           and
           poyson
           ,
           growing
           sick
           ,
           and
           daily
           languishing
           ,
           after
           three
           or
           four
           weeks
           space
           considering
           he
           had
           not
           obtained
           his
           freedome
           and
           release
           ,
           having
           no
           friends
           suffered
           to
           come
           unto
           him
           ,
           but
           onely
           such
           as
           the
           Earl
           sent
           to
           comfort
           him
           (
           of
           his
           own
           followers
           )
           wrote
           to
           the
           Earl
           to
           remember
           his
           imprisonment
           ,
           who
           returned
           answer
           ,
           The
           time
           would
           not
           suffer
           ,
           but
           assoon
           as
           possible
           it
           might
           be
           he
           would
           hasten
           his
           delivery
           (
           so
           indeed
           it
           seems
           he
           intended
           to
           do
           )
           but
           not
           so
           as
           Sir
           
             Tho.
             
             Overb.
          
           conceived
           ,
           whose
           true
           affection
           would
           not
           admit
           his
           judgement
           to
           debate
           the
           strangeness
           of
           his
           imprisonment
           ,
           which
           he
           might
           well
           think
           then
           the
           Earl
           might
           easily
           have
           relieved
           .
        
         
           On
           the
           5.
           of
           
             Iune
          
           Viscount
           
             Rochester
          
           sent
           a
           Letter
           to
           Sir
           
             Tho.
             
             Overb.
          
           in
           the
           Letter
           he
           sent
           him
           a
           white
           powder
           ,
           willing
           Sir
           
             Tho.
          
           to
           take
           it
           ,
           It
           will
           (
           quoth
           he
           )
           make
           you
           more
           sick
           ,
           but
           fear
           not
           ,
           I
           will
           make
           this
           a
           means
           for
           your
           delivery
           ,
           and
           for
           the
           recovery
           of
           your
           health
           :
           Sir
           
             Tho.
          
           never
           dreaming
           of
           base
           treachery
           ,
           but
           conceiving
           of
           it
           as
           friendly
           policy
           ,
           received
           the
           said
           powder
           ,
           which
           wrought
           upon
           him
           most
           vehemently
           ,
           whereupon
           his
           sickness
           grew
           more
           violent
           ,
           and
           his
           languishment
           encreased
           :
           which
           white
           powder
           upon
           
             Westons
          
           confession
           was
           poyson
           .
        
         
           Sir
           
             Tho.
             Overb.
          
           his
           sickness
           encreasing
           ,
           and
           with
           it
           his
           wondring
           that
           he
           could
           not
           in
           two
           months
           be
           released
           
           after
           his
           Physick
           taken
           ,
           he
           thus
           wrote
           to
           the
           Earl
           ,
           lamenting
           his
           own
           estate
           ,
           and
           taxing
           the
           Earl
           of
           his
           forgetfulness
           of
           his
           weak
           estate
           ;
           for
           his
           faith
           being
           thus
           shaken
           with
           the
           Earls
           unkindness
           ,
           gave
           way
           for
           his
           judgement
           to
           scan
           those
           actions
           ,
           rather
           like
           an
           understanding
           man
           ,
           then
           a
           loving
           friend
           ,
           as
           appeareth
           by
           his
           Letter
           sent
           to
           
             Rochester
             ,
          
           the
           effect
           whereof
           was
           thus
           ,
           as
           is
           averred
           by
           the
           depositions
           of
           Sir
           
             Tho.
             
             Overb.
          
           servants
           ,
           who
           saw
           the
           Letter
           .
        
         
           
             Sir
             ,
             I
             wonder
             you
             have
             not
             yet
             found
             means
             to
             effect
             my
             delivery
             :
             but
             I
             remember
             you
             said
             you
             would
             be
             even
             with
             me
          
           (
           not
           suspecting
           ,
           as
           it
           seemeth
           ,
           any
           poysoning
           ,
           but
           an
           unkind
           forgetfulness
           of
           my
           Lord
           of
           
             Rochester
          
           )
           
             and
             so
             you
             are
             indeed
             ;
             but
             assure
             your self
             my
             Lord
             ,
             if
             you
             do
             not
             release
             me
             ,
             but
             suffer
             me
             me
             thus
             to
             dye
             ,
             my
             blood
             will
             be
             required
             at
             your
             hands
             ▪
          
        
         
           My
           Lord
           comforts
           him
           ,
           and
           excuses
           ,
           that
           it
           cannot
           yet
           be
           compassed
           .
           Sir
           
             Tho.
          
           after
           the
           powder
           taken
           languished
           deadly
           ,
           and
           to
           comfort
           him
           some
           followers
           of
           my
           Lord
           of
           
             Rochester
          
           are
           sent
           to
           him
           daily
           ,
           in
           the
           name
           of
           my
           Lord
           ,
           by
           the
           appointment
           and
           procurement
           of
           the
           Lady
           
             Essex
          
           (
           as
           
             VVeston
          
           confessed
           )
           to
           visit
           ,
           and
           comfort
           him
           ,
           and
           intreat
           him
           ,
           if
           he
           desired
           any
           meats
           ,
           he
           should
           speak
           ,
           and
           it
           might
           better
           (
           perhaps
           be
           provided
           for
           him
           then
           he
           should
           have
           any
           from
           the
           Tower
           .
           This
           was
           three
           moneths
           after
           his
           imprisonment
           .
        
         
           He
           ,
           as
           men
           sick
           ,
           desired
           luscious
           meats
           ,
           Tarts
           and
           Jellies
           ,
           which
           were
           provided
           by
           Mrs.
           
             Turner
          
           with
           the
           knowledge
           of
           the
           said
           Countess
           ,
           and
           sent
           unto
           him
           ,
           of
           which
           he
           did
           eat
           ,
           the
           which
           Tarts
           were
           poysoned
           with
           
             Mercury
             sublimate
             ,
          
           not
           being
           so
           well
           coloured
           as
           other
           Tarts
           are
           ;
           and
           
             VVeston
          
           confessed
           ,
           that
           he
           was
           straightly
           charged
           not
           to
           taste
           thereof
           .
        
         
         
           Sir
           
             Tho.
          
           thus
           continuing
           languishing
           and
           consuming
           with
           the
           extremity
           of
           sickness
           untill
           6.
           
           
             Septemb.
          
           then
           the
           aforesaid
           Mrs.
           
             Turner
          
           did
           procure
           an
           Apothecaries
           boy
           for
           20.
           l.
           to
           poyson
           a
           Glyster
           ,
           which
           was
           by
           the
           boy
           and
           
             VVeston
          
           afterwards
           administred
           as
           good
           Physick
           upon
           7.
           
             Octob.
          
           After
           the
           receipt
           of
           the
           Glyster
           ,
           he
           fell
           into
           great
           extremity
           of
           vomiting
           and
           other
           purging
           ,
           which
           left
           him
           not
           till
           it
           caused
           his
           soul
           to
           leave
           his
           poysoned
           body
           .
           This
           
             VVeston
          
           confessed
           and
           signed
           .
        
         
           Being
           thus
           dead
           ,
           he
           was
           presently
           and
           very
           unreverendly
           buried
           in
           a
           pit
           digged
           in
           a
           very
           mean
           place
           .
           On
           his
           body
           thus
           venomously
           infected
           appeared
           divers
           blains
           and
           blisters
           ,
           whereupon
           they
           to
           take
           away
           as
           well
           his
           good
           name
           as
           his
           life
           ,
           did
           slanderously
           report
           that
           he
           dyed
           of
           the
           French
           Pox
           ;
           but
           this
           report
           was
           cleared
           in
           Court
           by
           the
           depositions
           of
           his
           servants
           and
           other
           men
           of
           worth
           there
           read
           ,
           that
           before
           his
           imprisonment
           he
           was
           a
           clear
           and
           sound
           body
           ,
           only
           he
           had
           an
           Issue
           in
           his
           left
           arm
           purposely
           made
           for
           the
           benefit
           of
           his
           nature
           ,
           for
           the
           avoiding
           of
           Rhume
           and
           ill
           humours
           ,
           which
           with
           continual
           sitting
           at
           his
           study
           he
           had
           subjected
           himself
           unto
           .
           He
           further
           observed
           the
           confession
           of
           the
           Lieutenant
           to
           be
           ,
           that
           if
           any
           prisoner
           dyed
           there
           ,
           his
           body
           is
           to
           be
           viewed
           ,
           and
           inquisition
           to
           be
           taken
           by
           the
           Coroner
           .
        
         
           But
           Sir
           
             Tho.
             Overb.
          
           friends
           and
           others
           might
           by
           no
           means
           be
           suffered
           to
           see
           his
           body
           ,
           although
           it
           was
           reported
           that
           there
           was
           Inquisition
           taken
           ,
           yet
           it
           could
           by
           no
           means
           be
           found
           .
        
         
           After
           Mr.
           Attorney
           had
           ended
           his
           speech
           ,
           Mr.
           
             Warr
          
           also
           of
           Counsel
           for
           the
           King
           ,
           declared
           to
           the
           Court
           what
           familiarity
           he
           had
           with
           Sir
           
             Tho.
          
           being
           both
           of
           the
           Temple
           together
           ,
           much
           commending
           his
           singular
           honest
           and
           vertuous
           conversation
           ,
           affirming
           that
           he
           was
           addicted
           to
           no
           dishonest
           actions
           ;
           and
           from
           this
           
           he
           proceeded
           to
           urge
           his
           hard
           usage
           in
           the
           Tower
           ,
           where
           he
           might
           have
           no
           company
           but
           the
           Apothecary
           and
           a
           Walloon
           ,
           and
           repeating
           the
           sending
           of
           the
           Tarts
           and
           Jellies
           in
           my
           Lord
           of
           
             Somersets
          
           name
           ,
           and
           ending
           his
           speech
           with
           this
           saying
           ,
           
             Pereat
             unus
             ne
             pereant
             omnes
             ;
             pereat
             peccans
             ,
             ne
             pereat
             Respub.
          
           Then
           by
           the
           commandment
           of
           the
           Court
           were
           read
           by
           Mr.
           
             Fanshaw
          
           the
           examination
           of
           divers
           witnesses
           taken
           before
           the
           Lord
           Chief
           Justice
           and
           others
           ,
           which
           in
           effect
           was
           as
           followeth
           .
        
         
           
             
               Lawr.
               Davis
            
             servant
             to
             Sir
             
               Tho.
               Overbury
            
             examined
             
               15.
            
             Octob.
             
               1615.
            
             before
             the
             Lord
             Chief
             Iustice
             .
          
           
             HE
             said
             ,
             that
             he
             had
             served
             Sir
             
               Tho.
               
               Overb.
            
             eight
             or
             nine
             years
             ,
             in
             all
             which
             time
             he
             was
             very
             healthful
             ,
             and
             never
             kept
             his
             bed
             for
             any
             sickness
             ,
             only
             he
             was
             troubled
             sometimes
             with
             the
             Spleen
             ,
             for
             ease
             whereof
             he
             had
             by
             the
             advice
             of
             his
             Physician
             an
             Issue
             made
             in
             his
             left
             arm
             ,
             but
             before
             his
             imprisonment
             he
             had
             no
             sores
             ,
             blisters
             ,
             or
             other
             defects
             in
             his
             body
             .
             Also
             he
             saith
             ,
             Sir
             
               Tho.
            
             would
             have
             gone
             over
             upon
             the
             Embassage
             ,
             but
             was
             disswaded
             by
             
               Somerset
               ,
            
             who
             promised
             to
             bear
             him
             out
             .
             He
             complained
             ,
             he
             needed
             not
             to
             be
             a
             prisoner
             ,
             if
             
               Somerset
            
             would
             ;
             and
             if
             he
             dyed
             his
             blood
             should
             be
             required
             at
             his
             hands
             :
             That
             
               Somerset
            
             was
             as
             good
             as
             his
             word
             ,
             who
             told
             him
             at
             
               Newmarket
            
             he
             would
             be
             even
             with
             Sir
             
               Tho.
               
               Overb.
               
            
          
        
         
         
           
             
               Henry
               Payston
            
             another
             servant
             of
             Sir
             
               Tho.
               Overb.
            
             examined
             ,
             
               15.
            
             Octob
             -
             
               1615.
               
            
          
           
             HE
             affirmeth
             ,
             that
             Sir
             
               Tho.
            
             was
             of
             a
             very
             good
             constitution
             of
             body
             ;
             that
             he
             used
             sometimes
             to
             run
             ,
             to
             play
             at
             Foiles
             ,
             and
             such
             like
             ;
             that
             he
             was
             of
             a
             moderate
             diet
             ,
             never
             had
             any
             sores
             saving
             the
             said
             Issue
             in
             his
             arm
             ;
             that
             Sir
             
               Tho.
            
             wrote
             Letters
             to
             
               Somerset
               ,
            
             signifying
             he
             needed
             not
             to
             lye
             in
             prison
             if
             
               Somerset
            
             would
             ,
             and
             if
             he
             dyed
             ,
             his
             blood
             should
             be
             required
             at
             his
             hands
             ;
             also
             that
             Sir
             
               Tho.
            
             at
             one
             of
             the
             clock
             at
             night
             meeting
             
               Somerset
            
             in
             the
             Gallery
             at
             
               VVhite-Hall
               ,
            
             had
             speeches
             with
             him
             touching
             the
             Countess
             ,
             whom
             he
             called
             base
             woman
             ,
             and
             told
             
               Somerset
            
             he
             would
             overthrow
             all
             the
             Kings
             favours
             and
             honours
             :
             and
             upon
             displeasure
             between
             them
             at
             this
             conference
             ,
             Sir
             
               Tho.
            
             desired
             
               Somerset
            
             he
             might
             have
             his
             portion
             due
             ,
             and
             he
             would
             shift
             for
             himself
             ,
             whereunto
             
               Somerset
            
             answered
             ,
             
               And
               my
               legs
               are
               strong
               enough
               to
               carry
               me
               ,
            
             and
             so
             flung
             away
             in
             an
             anger
             ;
             all
             which
             this
             examinant
             heard
             ,
             being
             in
             a
             chamber
             next
             to
             the
             Gallery
             .
          
           
             Sir
             
               Dudly
               Diggs
            
             being
             present
             in
             Court
             ,
             and
             sworn
             ,
             declared
             
               Viva
               voce
               ,
            
             that
             he
             was
             sent
             by
             a
             Privy-Councellor
             a
             great
             man
             to
             Sir
             
               Tho.
               
               Overb.
            
             to
             bring
             him
             to
             this
             great
             man
             ,
             which
             he
             did
             ,
             and
             coming
             back
             together
             over
             the
             water
             in
             a
             Boat
             ,
             Sir
             
               Tho.
            
             was
             much
             discontented
             ,
             the
             reason
             whereof
             he
             said
             was
             ,
             that
             he
             was
             perswaded
             by
             the
             great
             man
             to
             withdraw
             himself
             from
             the
             Court
             for
             some
             reasons
             which
             he
             disclosed
             ;
             not
             and
             Sir
             
               Dudly
            
             being
             sent
             afterwards
             by
             the
             Lords
             to
             know
             the
             resolution
             of
             Sir
             
               Tho.
            
             touching
             the
             Embassage
             ,
             he
             found
             him
             to
             rely
             upon
             my
             Lord
             of
             
               Somerset
               ,
            
             saying
             ,
             My
             precious
             Chief
             knows
             the
             Kings
             
             mind
             better
             then
             any
             ,
             and
             I
             the
             mind
             of
             my
             precious
             Chief
             .
          
        
         
           
             
               Richard
               Weston
            
             the
             Prisoner
             
               6.
            
             Octob.
             coram
             
               Cook
            
             &
             
               Crew
               .
            
          
           
             HE
             affirmeth
             ,
             that
             before
             Sir
             
               Tho.
            
             was
             in
             the
             Tower
             ,
             he
             this
             examinant
             carried
             three
             Letters
             to
             
               Somerset
            
             for
             the
             Lady
             
               Essex
               ,
            
             to
             
               Royston
               ,
               Newmarket
               ,
            
             and
             
               Hampton-Court
               ,
            
             and
             he
             delivered
             answer
             to
             Mrs.
             
               Turner
               ,
            
             and
             that
             upon
             the
             Letter
             to
             
               Hampton-Court
            
             he
             had
             answer
             by
             word
             of
             mouth
             ,
             only
             that
             his
             Lordship
             would
             come
             ;
             and
             that
             coming
             back
             he
             met
             with
             the
             Countess
             and
             Mrs.
             
               Turner
            
             half
             way
             ,
             in
             the
             Coach
             ,
             whom
             he
             told
             that
             the
             Lord
             onely
             answered
             so
             ,
             whereupon
             the
             Countess
             strook
             out
             of
             the
             way
             into
             a
             Farmers
             house
             hard
             by
             ,
             whither
             within
             a
             little
             space
             
               Somerset
            
             came
             ;
             and
             that
             afterwards
             they
             met
             in
             the
             night
             at
             Mrs.
             
             
               Turners
            
             house
             in
             
               Pater-noster-row
            
             ;
             and
             he
             confesseth
             ,
             that
             of
             a
             year
             before
             Sir
             
               Tho.
            
             his
             imprisonment
             no
             man
             carried
             Letters
             between
             them
             but
             he
             .
          
        
         
           
             Sir
             
               Tho.
               Monson
               ,
               5.
            
             Octob.
             coram
             
               Cook
            
             &
             
               Crew
               .
            
          
           
             HE
             saith
             ,
             that
             he
             never
             knew
             
               VVeston
            
             until
             Sir
             
               Tho.
               
               Overb.
            
             was
             prisoner
             in
             the
             Tower
             ,
             and
             that
             he
             preferred
             him
             to
             the
             Lieutenant
             to
             be
             Keeper
             to
             Sir
             
               Tho.
               
               Overb.
            
             at
             the
             request
             of
             the
             Countess
             .
          
        
         
         
           
             
               Anne
               Turner
            
             widow
             examined
             
               11
            
             Octob.
             
               1615.
            
             coram
             
               Cook
               .
            
          
           
             SHe
             saith
             that
             
               Weston
            
             was
             an
             ancient
             servant
             ,
             and
             her
             husbands
             Bayliffe
             in
             the
             Country
             :
             she
             denieth
             to
             have
             any
             thing
             to
             doe
             in
             placing
             him
             in
             the
             Tower
             ;
             but
             saith
             the
             Countesse
             of
             
               Essex
            
             did
             effect
             it
             ,
             and
             used
             the
             helpe
             of
             Sir
             
               Tho.
               Monson
            
             therein
             .
          
        
         
           
             Sir
             
               Jervas
               Elvis
            
             examined
             
               3.
            
             Octob.
             
               1615.
            
             coram
             
               Cook
            
             &
             
               Crew
               .
            
          
           
             HE
             saith
             ,
             that
             he
             had
             a
             letter
             from
             Sir
             
               Tho.
               Monson
               ,
            
             requesting
             him
             that
             
               Weston
            
             might
             be
             Keeper
             to
             Sir
             
               Tho.
               
               Overb.
            
             and
             that
             he
             did
             performe
             it
             ;
             and
             afterwards
             having
             conference
             with
             Sir
             
               Tho.
               Monson
               ,
            
             told
             him
             that
             his
             Keeper
             was
             not
             to
             suffer
             any
             letters
             or
             tokens
             to
             be
             delivered
             to
             him
             .
          
        
         
           
             
               Richard
               Weston
            
             the
             prisoner
             examined
             againe
             .
          
           
             HE
             confesseth
             he
             shewed
             the
             Glasse
             that
             was
             delivered
             him
             by
             his
             son
             from
             the
             Countesse
             ,
             to
             the
             Lieutenant
             ,
             and
             told
             him
             it
             came
             from
             the
             Countesse
             of
             
               Essex
               ,
            
             and
             that
             he
             perswaded
             him
             not
             to
             give
             it
             to
             Sir
             
               Tho.
               
               Overb.
            
             and
             saith
             he
             had
             divers
             Tarts
             from
             the
             Countesse
             to
             give
             to
             Sr
             
               Thomas
               ,
            
             with
             Caveats
             that
             himself
             should
             not
             taste
             of
             them
             ,
             and
             confesseth
             he
             thought
             they
             were
             poysoned
             .
             He
             saith
             Mrs.
             
               Turner
            
             appointed
             him
             to
             come
             to
             
               White-hall
               ,
            
             and
             that
             she
             dealt
             with
             him
             to
             give
             Sir
             
               Tho.
               
               Overb.
            
             the
             water
             ,
             and
             told
             him
             he
             should
             not
             drinke
             thereof
             ,
             and
             promised
             him
             a
             great
             reward
             ,
             and
             he
             suspected
             it
             was
             poyson
             ;
             his
             son
             afterwards
             delivered
             him
             the
             glasse
             which
             he
             shewed
             to
             the
             Lieutenant
             ,
             who
             rebuked
             him
             ;
             and
             so
             
             he
             set
             the
             glasse
             in
             a
             study
             near
             to
             Sir
             
               Thomas
            
             his
             chamber
             ,
             but
             gave
             it
             him
             not
             ,
             although
             he
             told
             Mrs.
             
               Turner
            
             the
             next
             day
             he
             had
             given
             the
             water
             ,
             which
             made
             Sir
             
               Thomas
            
             to
             vomit
             aften
             ,
             and
             to
             be
             exceeding
             sicke
             .
             He
             saith
             Mr.
             
               Iames
               ,
            
             and
             Mr.
             
               Rawlings
               ,
            
             servants
             to
             the
             Countesse
             ,
             came
             often
             to
             know
             of
             this
             Examinant
             how
             Sir
             
               Thomas
            
             did
             ,
             and
             what
             he
             would
             eat
             ,
             and
             they
             delivered
             him
             Jelly
             and
             Tarts
             ,
             which
             he
             gave
             to
             Sir
             
               Thomas
            
             who
             did
             eat
             thereof
             .
             He
             saith
             he
             demanded
             of
             Mrs.
             
               Turner
            
             his
             reward
             ,
             who
             answered
             ,
             he
             was
             not
             to
             have
             his
             reward
             untill
             Sir
             
               Thomas
            
             was
             dead
             ,
             and
             that
             he
             was
             promised
             a
             Pursevants
             place
             ,
             but
             confesseth
             that
             afterwards
             at
             two
             severall
             times
             he
             received
             secretly
             after
             the
             death
             of
             Sir
             
               Thomas
            
             for
             a
             reward
             by
             Mrs.
             
               Turner
               ,
            
             from
             the
             Countesse
             ,
             180
             
               li
               .
            
          
        
         
           
             
               William
               Weston
               ,
            
             son
             to
             the
             prisoner
             examined
             .
          
           
             HE
             confesseth
             he
             received
             a
             Glasse
             from
             the
             Countesse
             by
             her
             servants
             two
             inches
             long
             ,
             being
             wrapped
             in
             a
             paper
             ,
             which
             he
             delivered
             to
             his
             father
             in
             the
             Tower
             .
          
           
             Then
             was
             read
             the
             confession
             of
             the
             Lieutenant
             to
             the
             King
             ,
             that
             
               Weston
            
             met
             him
             ,
             carrying
             Sir
             
               Thomas's
            
             supper
             in
             one
             hand
             ,
             and
             the
             glasse
             in
             the
             other
             ,
             and
             demanded
             of
             the
             Lieutenant
             thus
             ;
             Sir
             ,
             shall
             I
             give
             it
             him
             now
             ?
             whereat
             the
             Lieutenant
             stepped
             to
             him
             ,
             and
             asked
             him
             what
             ?
             to
             which
             
               Weston
            
             said
             ,
             why
             ,
             know
             you
             not
             what
             is
             to
             be
             done
             ?
             and
             so
             the
             Lieutenant
             having
             made
             him
             to
             confesse
             the
             matter
             ,
             disswaded
             him
             ,
             and
             he
             seemed
             to
             be
             resolute
             not
             to
             do
             it
             ;
             and
             afterwards
             this
             
               Weston
            
             confessed
             to
             the
             Lieutenant
             an
             Apothecary
             had
             twenty
             pound
             for
             ministring
             a
             Glister
             to
             Sir
             
               Tho.
               Overbury
               .
            
          
        
         
         
           
             
               Weston
            
             the
             prisoner
             examined
             before
             the
             Lord
             
               Zouch
               ,
            
             and
             others
             .
          
           
             COnfesseth
             ,
             that
             Sir
             
               Thomas
            
             had
             a
             Glyster
             which
             gave
             him
             sixty
             stools
             and
             vomits
             :
             also
             being
             confronted
             with
             the
             writings
             of
             Sir
             
               Ier.
               Elvis
               ,
            
             and
             charged
             therewith
             ,
             confesseth
             the
             same
             to
             be
             true
             .
          
        
         
           
             
               Simon
               Marson
            
             Musitian
             examined
             .
          
           
             SAith
             he
             served
             Sir
             
               Tho.
               Monson
            
             six
             years
             ,
             and
             was
             preferred
             by
             him
             to
             the
             Kings
             service
             ,
             but
             waited
             sometimes
             upon
             Sir
             
               Thomas
               Monson
            
             :
             he
             saith
             he
             received
             divers
             Tarts
             and
             Jellies
             from
             the
             Countesse
             of
             
               Essex
               ,
            
             to
             be
             carried
             to
             the
             Lieutenant
             of
             the
             Tower
             for
             Sir
             
               Tho.
               Over.
            
          
        
         
           
             
               Paul
               de
               la
               Bell
            
             examined
             .
          
           
             SAith
             ,
             that
             the
             third
             of
             
               Iuly
               ,
            
             he
             made
             Sir
             
               Tho.
               Over.
            
             a
             Bath
             by
             Dr.
             
               Michams
            
             advice
             to
             coole
             his
             body
             ,
             and
             he
             saw
             his
             body
             exceeding
             fair
             and
             clear
             ;
             and
             again
             ,
             he
             saw
             his
             body
             (
             being
             dead
             )
             full
             of
             Blisters
             ,
             and
             so
             consumed
             away
             as
             he
             never
             saw
             the
             like
             body
             .
          
        
         
           
             
               Giles
               Rawlings
            
             a
             kinsman
             of
             Sir
             
               Thomas
               Overbury
            
             examined
             .
          
           
             SAith
             ,
             upon
             the
             bruit
             of
             the
             murther
             of
             Sir
             
               Tho.
            
             he
             was
             taxed
             by
             some
             why
             he
             made
             no
             prosecution
             ;
             he
             thereupon
             made
             a
             Petition
             ,
             and
             delivered
             it
             to
             the
             King
             ,
             that
             the
             examination
             of
             the
             cause
             might
             be
             referred
             to
             the
             judgement
             of
             the
             Law
             ,
             and
             
             denieth
             that
             he
             was
             perswaded
             by
             any
             to
             the
             contrary
             .
             He
             saith
             ,
             that
             he
             comming
             often
             to
             the
             Tower
             to
             see
             Sir
             
               Thomas
               ,
            
             could
             not
             be
             suffered
             to
             see
             him
             so
             much
             as
             out
             of
             the
             windows
             ,
             and
             
               Weston
            
             told
             him
             it
             was
             the
             commands
             of
             the
             Councel
             ,
             and
             the
             Lieutenant
             .
          
        
         
           
             The
             Lieutenant
             of
             the
             Tower
             examined
             .
          
           
             HE
             saith
             ,
             that
             after
             the
             death
             of
             Sir
             
               Thomas
               ,
               VVeston
            
             came
             to
             him
             and
             told
             him
             ,
             he
             was
             much
             neglected
             and
             sleighted
             by
             the
             Countesse
             ,
             and
             could
             receive
             no
             reward
             ;
             but
             afterwards
             he
             confessed
             he
             had
             received
             a
             hundred
             pounds
             ,
             and
             should
             receive
             more
             :
             and
             the
             Lieutenant
             also
             saith
             ,
             that
             Sir
             
               Thomas
            
             was
             very
             angry
             with
             his
             Apothecarie
             at
             certain
             Vomits
             which
             he
             had
             ;
             and
             also
             that
             the
             Tarts
             and
             Jellies
             which
             he
             had
             ,
             would
             be
             found
             within
             a
             day
             or
             two
             standing
             ill
             coloured
             ;
             and
             that
             no body
             did
             eat
             thereof
             but
             Sir
             
               Thomas
            
             :
             and
             
               VVeston
            
             confessed
             to
             him
             that
             an
             Apothecarie
             had
             twenty
             pounds
             for
             ministring
             the
             Glyster
             .
             These
             examinations
             being
             read
             and
             applied
             to
             the
             purpose
             ,
             the
             Lord
             Chief
             Justice
             said
             he
             would
             discharge
             his
             duty
             first
             to
             God
             ,
             in
             giving
             all
             glory
             for
             the
             bringing
             to
             light
             of
             so
             horrible
             and
             wicked
             a
             fact
             ;
             and
             next
             to
             the
             King
             (
             his
             great
             Master
             )
             who
             as
             in
             case
             of
             the
             like
             nature
             ,
             in
             the
             case
             of
             
               Zanq
               .
            
             and
             
               Turner
               ,
            
             so
             specially
             in
             this
             case
             hath
             given
             given
             streight
             charge
             of
             due
             and
             just
             examination
             to
             be
             had
             without
             any
             partiality
             or
             fear
             of
             the
             world
             ;
             to
             the
             intent
             as
             well
             the
             innocent
             might
             be
             free
             ,
             as
             the
             nocent
             and
             guilty
             severely
             punished
             .
          
           
             And
             for
             this
             purpose
             ,
             his
             Majesty
             had
             with
             his
             owne
             hand
             written
             two
             sheets
             of
             paper
             on
             both
             sides
             ,
             concerning
             Justice
             to
             be
             administred
             to
             all
             persons
             which
             were
             to
             be
             examined
             ;
             which
             writing
             the
             Lord
             
             Chief
             Justice
             shewed
             to
             the
             Lord
             Maior
             ,
             and
             the
             rest
             of
             the
             Commissioners
             :
             and
             then
             he
             declared
             the
             Kings
             justice
             ,
             who
             albeit
             the
             many
             favours
             and
             honors
             which
             his
             Majesty
             had
             bestowed
             upon
             the
             Lord
             of
             
               Sommerset
               ,
            
             and
             his
             nearnesse
             to
             his
             person
             by
             reason
             of
             his
             office
             ;
             yet
             he
             had
             committed
             him
             prisoner
             to
             the
             Dean
             of
             
               Westminster
            
             under
             the
             custody
             of
             Sr
             
               Oliver
               ,
            
             &
             Sr
             
               Iohn
            
             ;
             and
             also
             had
             committed
             his
             Lady
             :
             so
             having
             last
             of
             all
             demanded
             again
             of
             the
             prisoner
             ,
             if
             he
             would
             put
             himself
             to
             be
             tried
             by
             the
             Country
             ,
             which
             he
             refused
             ;
             the
             Court
             was
             adjourned
             untill
             Munday
             following
             at
             two
             of
             the
             clock
             in
             the
             afternoon
             .
          
        
         
           
             The
             second
             Arraignment
             of
             
               Richard
               Weston
               .
            
          
           
             ON
             Munday
             the
             23
             
               Oct.
            
             1615.
             to
             which
             day
             the
             Court
             was
             adjourned
             by
             the
             said
             Commission
             ;
             afer
             Proclamation
             made
             ,
             the
             Jury
             of
             life
             and
             death
             called
             the
             prisoner
             ,
             
               VVeston
            
             was
             set
             to
             the
             Bar
             ,
             and
             Mr
             
               Fanshaw
            
             Clerk
             of
             the
             Crown
             ,
             declared
             to
             him
             that
             he
             had
             been
             formerly
             arraigned
             ,
             and
             pleaded
             not
             guilty
             :
             so
             he
             demanded
             of
             him
             how
             he
             would
             be
             tryed
             ?
             whereunto
             the
             prisoner
             answered
             ,
             by
             God
             and
             his
             Country
             ;
             and
             thereupon
             the
             Jury
             being
             sworn
             ,
             the
             Indictment
             being
             read
             ,
             as
             before
             ,
             Sir
             
               Lawr.
               
               Hide
            
             the
             Queens
             Attorney
             ,
             being
             of
             the
             Councel
             for
             the
             King
             ,
             having
             briefly
             rehearsed
             the
             effect
             of
             the
             Indictment
             ,
             shewed
             how
             that
             he
             must
             necessarily
             mention
             others
             that
             were
             guilty
             of
             the
             same
             fact
             ,
             wherein
             if
             any
             other
             man
             were
             touched
             ,
             their
             cause
             it
             was
             ,
             and
             not
             he
             that
             touched
             them
             .
          
           
             And
             therefore
             
               VVeston
            
             being
             but
             a
             stranger
             to
             Sir
             
               Tho
               Overbury
               ,
            
             and
             one
             who
             by
             himself
             could
             reap
             no
             benefit
             by
             his
             death
             ,
             it
             was
             against
             all
             reason
             he
             would
             do
             it
             himself
             ,
             therefore
             (
             said
             he
             )
             I
             must
             needs
             open
             the
             whole
             plot
             ;
             and
             having
             first
             declared
             the
             worth
             and
             
             honesty
             of
             Sir
             
               Tho.
               
               Overb.
            
             shewed
             his
             familiarity
             with
             the
             Lord
             of
             
               Rochester
               ,
            
             and
             how
             he
             often
             willed
             him
             to
             forbear
             the
             company
             of
             the
             Lady
             
               Essex
               ,
            
             tearming
             her
             a
             vile
             and
             base
             woman
             ,
             which
             stirred
             up
             the
             anger
             and
             malice
             of
             the
             Countesse
             against
             him
             .
          
           
             And
             afterwards
             the
             King
             intended
             for
             the
             honour
             and
             preferment
             of
             Sir
             
               Tho.
               
               Overb.
            
             to
             send
             him
             upon
             an
             Ambassage
             ;
             whereunto
             he
             was
             willing
             ,
             but
             was
             dealt
             with
             ,
             and
             perswaded
             by
             
               Rochester
            
             to
             disobey
             the
             Kings
             direction
             and
             counsel
             ,
             with
             promises
             that
             he
             would
             bear
             him
             out
             ;
             upon
             which
             contempt
             Sir
             
               Thomas
            
             was
             committed
             to
             the
             Tower
             22
             
               April
            
             1613.
             
             Sir
             
               William
               Wade
            
             heing
             Lieutenant
             of
             the
             Tower
             ;
             and
             the
             6.
             of
             
               May
            
             following
             ,
             Sir
             
               William
            
             was
             removed
             ,
             and
             Sir
             
               Ier.
               Elvis
            
             put
             in
             his
             place
             .
          
           
             And
             the
             very
             next
             day
             after
             ,
             
               Weston
            
             by
             the
             procurement
             of
             the
             Countesse
             ,
             was
             preferred
             to
             the
             service
             of
             the
             Lieutenant
             ,
             and
             to
             be
             Keeper
             of
             Sir
             
               Tho.
               
               Overb.
            
             which
             
               Weston
            
             had
             been
             servant
             to
             Mrs.
             
               Turner
               ,
            
             and
             the
             onely
             agent
             in
             conveying
             letters
             and
             messages
             between
             
               Roch.
            
             and
             the
             Countesse
             ;
             and
             he
             whose
             office
             should
             have
             been
             to
             save
             and
             keep
             ,
             was
             now
             appointed
             to
             kill
             and
             murther
             him
             .
          
           
             He
             shewed
             how
             the
             very
             same
             day
             of
             his
             entertainment
             at
             the
             Tower
             ,
             he
             was
             sent
             for
             to
             the
             Countesse
             ,
             who
             promised
             him
             that
             if
             he
             would
             give
             Sir
             
               Thomas
            
             a
             Water
             that
             should
             be
             delivered
             to
             him
             ,
             he
             should
             be
             well
             rewarded
             ;
             and
             she
             bad
             him
             not
             taste
             of
             it
             himself
             .
          
           
             And
             that
             the
             ninth
             or
             
               May
            
             aforesaid
             ,
             the
             said
             water
             was
             secretly
             sent
             from
             the
             Countesse
             to
             
               Weston
            
             by
             his
             son
             ;
             and
             the
             same
             night
             
               Weston
            
             meeting
             the
             Lieutenant
             ,
             with
             Sir
             
               Thomas's
            
             supper
             in
             one
             hand
             ,
             and
             the
             Glasse
             in
             the
             other
             ,
             he
             demanded
             of
             him
             ,
             
               Sir
               ,
               shall
               I
               give
               it
               him
               now
               ?
            
             whereupon
             the
             Lieutenant
             took
             him
             aside
             ,
             and
             disswaded
             him
             so
             far
             forth
             ,
             that
             he
             
             confessed
             he
             thanked
             God
             on
             his
             knees
             that
             he
             had
             met
             with
             him
             :
             But
             Mr.
             
             Attorney
             observed
             this
             notwithstanding
             ,
             that
             the
             Lieutenant
             did
             let
             him
             go
             away
             with
             the
             poyson
             ;
             and
             albeit
             he
             now
             denyeth
             he
             ever
             gave
             the
             poyson
             ,
             yet
             said
             he
             did
             deliver
             it
             :
             He
             confesseth
             to
             Mrs.
             
               Turner
            
             he
             had
             done
             it
             ,
             saying
             ,
             It
             made
             him
             very
             sick
             ,
             and
             to
             vomit
             often
             ,
             demanding
             of
             her
             his
             reward
             ;
             she
             answered
             ;
             he
             was
             not
             to
             have
             it
             till
             Sir
             
               Tho.
            
             was
             dead
             .
             Then
             he
             shewed
             ,
             30.
             
             
               Iune
            
             following
             a
             certain
             powder
             was
             sent
             in
             a
             Letter
             to
             Sir
             
               Tho.
            
             from
             
               Roch.
            
             perswading
             him
             not
             to
             fear
             ,
             though
             it
             made
             him
             sick
             ,
             for
             that
             should
             be
             his
             reason
             to
             move
             the
             King
             for
             his
             enlargement
             .
             And
             that
             the
             14
             
               Septemb.
               Weston
            
             and
             the
             Apothecary
             ministred
             the
             Glyster
             to
             Sir
             
               Tho.
            
             which
             gave
             him
             60.
             stools
             and
             vomits
             ,
             and
             that
             he
             dyed
             the
             next
             day
             ,
             remembring
             the
             botches
             and
             blisters
             on
             his
             body
             being
             dead
             .
             He
             shewed
             how
             
               Weston
            
             came
             to
             Mrs.
             
               Turner
            
             for
             his
             reward
             ,
             which
             was
             deferied
             till
             his
             death
             ;
             and
             that
             he
             had
             received
             in
             secret
             from
             the
             Countess
             by
             Mrs.
             
               Turner
            
             at
             several
             times
             for
             his
             reward
             180.
             l.
             and
             that
             the
             Apothecary
             had
             for
             his
             reward
             20.
             l.
             all
             which
             
               Weston
            
             had
             confessed
             to
             be
             true
             .
          
           
             Then
             remembring
             how
             ignominiously
             they
             buried
             him
             ,
             not
             suffering
             any
             to
             see
             him
             for
             fear
             he
             should
             be
             digged
             up
             again
             ,
             and
             without
             any
             Coroners
             inquest
             that
             should
             be
             found
             :
             And
             thus
             he
             ended
             his
             speech
             .
          
           
             And
             all
             this
             opened
             and
             set
             forth
             by
             Mr.
             Attorney
             ,
             Mr.
             
             
               VVar
            
             onely
             added
             thus
             much
             ,
             which
             he
             desired
             the
             Jury
             to
             consider
             ,
             that
             
               VVeston
            
             was
             servant
             to
             Mrs.
             
               Turner
            
             when
             Sir
             
               Tho.
            
             was
             committed
             ,
             and
             then
             he
             was
             entertained
             and
             made
             Keeper
             to
             Sir
             
               Tho.
            
             and
             having
             dispatched
             his
             business
             ,
             Sir
             
               Tho.
            
             being
             dead
             and
             poysoned
             ,
             he
             stayes
             no
             longer
             at
             the
             Tower
             ,
             but
             returns
             again
             to
             his
             Mrs.
             
               Turner
               .
            
          
           
           
             Then
             the
             Lord
             chief
             Justice
             exhorted
             the
             Jury
             to
             take
             God
             before
             their
             eyes
             ,
             with
             equall
             balance
             to
             weigh
             as
             well
             the
             answer
             of
             the
             prisoner
             as
             the
             proofs
             and
             examinations
             against
             him
             ,
             declaring
             unto
             them
             how
             quietly
             and
             freely
             he
             had
             examined
             him
             without
             any
             menacing
             ,
             or
             threatning
             ,
             or
             rough
             usage
             ,
             which
             the
             prisoner
             confessed
             ;
             and
             my
             Lord
             ,
             for
             matter
             of
             Law
             ,
             satisfied
             the
             Jury
             ,
             that
             albeit
             in
             the
             Indictment
             it
             be
             said
             to
             be
             
               Rosacar
               ,
            
             white
             
               Arsnick
               ,
               Mercury
               sublimate
               ,
            
             yet
             Jury
             were
             not
             to
             expect
             so
             precise
             proof
             in
             that
             point
             ,
             shewing
             how
             impossible
             it
             were
             to
             convict
             a
             poysoner
             ,
             who
             useth
             not
             to
             take
             any
             witnesses
             to
             the
             composing
             of
             this
             
               slibber
               sauces
            
             ;
             wherefore
             he
             declares
             the
             Law
             in
             the
             like
             case
             ,
             as
             if
             a
             man
             be
             indicted
             for
             murthering
             a
             man
             with
             a
             dagger
             ,
             and
             it
             fall
             out
             upon
             evidence
             to
             have
             been
             done
             with
             a
             sword
             ,
             or
             with
             a
             Rapier
             ,
             or
             with
             neither
             ,
             but
             with
             a
             staffe
             ;
             in
             this
             case
             the
             instrument
             skilleth
             not
             ,
             so
             that
             the
             Jury
             finde
             the
             murther
             ;
             and
             so
             in
             the
             Prisoners
             case
             ,
             if
             they
             would
             be
             satisfied
             of
             the
             poysoning
             ,
             it
             skilleth
             not
             with
             what
             ,
             therefore
             he
             required
             them
             to
             attend
             the
             proofes
             .
          
           
             Then
             were
             read
             first
             the
             Examinations
             of
             
               Lawr.
               Davis
            
             as
             at
             the
             first
             Arraignment
             ,
             then
             of
             
               Henry
               Payton
               ,
            
             both
             servants
             to
             Sir
             
               Tho.
            
             then
             of
             
               VVeston
            
             himself
             formerly
             read
             ;
             the
             examination
             of
             Sir
             
               David
               VVood
            
             taken
             the
             21.
             
               Octob.
            
             1615.
             since
             the
             first
             Arraignment
             .
             He
             saith
             he
             had
             obtained
             the
             Kings
             consent
             to
             a
             suit
             ,
             for
             which
             he
             was
             a
             Petitioner
             ,
             and
             that
             he
             was
             crossed
             by
             
               Roch.
            
             and
             Sir
             
               Tho.
               
               Overb.
            
             that
             for
             certain
             words
             he
             had
             received
             from
             Sir
             
               Tho.
            
             he
             intended
             to
             bastinado
             him
             ;
             that
             his
             suit
             would
             have
             been
             worth
             2200.
             l.
             and
             that
             
               Roch.
            
             would
             not
             let
             it
             pass
             unless
             he
             might
             have
             1200.
             l.
             
          
           
             That
             the
             Lady
             
               Essex
            
             sent
             for
             this
             examinant
             upon
             the
             day
             that
             the
             King
             and
             Queen
             went
             to
             
               Roches●
               .
            
             
             with
             the
             Lady
             
               Eliz.
            
             and
             told
             him
             she
             understood
             he
             had
             received
             much
             wrong
             from
             Sir
             
               Tho.
               
               Overb.
            
             and
             that
             he
             was
             a
             Gent.
             that
             could
             revenge
             himself
             ,
             and
             that
             Sir
             
               Tho.
            
             had
             much
             wronged
             her
             ;
             and
             Sir
             
               David
            
             answered
             ,
             that
             Sir
             
               Tho.
            
             had
             refused
             him
             the
             Field
             ;
             she
             perswaded
             him
             to
             kill
             him
             ,
             and
             promised
             him
             for
             his
             reward
             —
             and
             protection
             from
             his
             enemies
             ,
             which
             he
             refused
             ,
             saying
             ,
             He
             would
             be
             loth
             to
             hazard
             going
             to
             
               Tyborn
            
             upon
             a
             womans
             word
             ;
             but
             she
             still
             perswaded
             him
             he
             might
             easily
             do
             it
             ,
             as
             he
             returned
             late
             home
             from
             Sir
             
               Charles
               VVilmots
            
             in
             his
             Coach
             .
          
        
         
           
             Then
             were
             read
             the
             Examinations
             of
             Sir
             
               Tho.
               Monson
            
             and
             Mrs.
             
               Turner
               ,
            
             as
             at
             the
             first
             Arraignment
             .
          
           
             NExt
             ,
             the
             Examination
             of
             
               VVeston
            
             before
             the
             Lord
             
               Zouch
               ,
            
             Sir
             
               Ralph
               VVinwood
               ,
            
             Sir
             
               Tho.
               Parry
               ,
            
             and
             Sir
             
               Foulk
               Grevill
               ,
            
             at
             the
             Dutchy
             house
             21.
             
             
               Septemb.
            
             1615.
             where
             
               Weston
            
             did
             confess
             he
             was
             preferred
             to
             the
             keeping
             of
             Sir
             
               Tho.
               Overbury
            
             by
             Mrs.
             
               Turner
            
             upon
             the
             means
             and
             request
             of
             Sir
             
               Tho.
               Monson
            
             to
             the
             Lieutenant
             ,
             and
             that
             she
             told
             him
             he
             should
             be
             well
             rewarded
             :
             and
             being
             confronted
             with
             a
             relation
             in
             writing
             which
             Sir
             
               Ier.
               Elvis
            
             had
             made
             to
             the
             King
             ,
             as
             touching
             Sir
             
               Tho.
               Overbury
               ,
            
             he
             confessed
             the
             same
             to
             be
             true
             .
          
        
         
         
           
             The
             Examination
             of
             the
             Lieutenant
             ,
             taken
             
               5.
            
             Octob.
             
               1615.
               
            
          
           
             HE
             saith
             ,
             that
             having
             conferred
             with
             his
             servants
             about
             the
             time
             of
             
               Westons
            
             coming
             to
             the
             Tower
             ,
             he
             found
             it
             to
             be
             the
             very
             next
             day
             after
             he
             was
             made
             Lieutenant
             ,
             and
             had
             possession
             of
             the
             Tower
             ,
             and
             that
             he
             had
             Letters
             from
             Sir
             
               Tho.
               Monson
            
             that
             
               Weston
            
             might
             be
             Keeper
             to
             Sir
             
               Tho.
               
               Overb.
            
             which
             Letters
             he
             hath
             lost
             ;
             and
             Sir
             
               Tho.
               Monson
            
             told
             him
             the
             chief
             purpose
             of
             
               Westons
            
             keeping
             Sir
             
               Tho.
               
               Overb.
            
             was
             to
             suffer
             no
             Letters
             or
             other
             message
             to
             pass
             to
             or
             from
             ,
             and
             to
             that
             purpose
             he
             advised
             the
             Lieutenant
             .
          
        
         
           
             
               Westons
            
             Examination
             ,
             
               5.
            
             of
             October
             ,
             
               1615.
               
            
          
           
             HE
             confesseth
             ,
             that
             the
             next
             day
             he
             was
             preferred
             to
             the
             Tower
             ,
             he
             had
             the
             keeping
             of
             Sir
             
               Tho.
               
               Overb.
            
             and
             soon
             after
             he
             received
             the
             glass
             by
             his
             son
             secretly
             from
             the
             Countess
             ,
             and
             that
             the
             Lieutenant
             told
             him
             all
             the
             Tarts
             came
             likewise
             from
             her
             ;
             and
             he
             confesseth
             ,
             that
             the
             Countess
             willed
             him
             to
             give
             them
             to
             Sir
             
               Tho.
            
             but
             not
             to
             taste
             of
             them
             himself
             .
          
        
         
           
             
               Weston
            
             examined
             ,
             
               1.
            
             Octob.
             
               1615.
               
            
          
           
             COnfesseth
             ,
             that
             Mrs.
             
               Turn
               .
            
             appointed
             him
             to
             come
             to
             
               White-Hall
            
             to
             the
             Countess
             the
             next
             day
             that
             he
             was
             at
             the
             Tower
             ,
             and
             that
             he
             went
             ,
             and
             that
             the
             Countess
             did
             request
             him
             to
             give
             Sir
             
               Tho.
               
               Overb.
            
             what
             she
             should
             deliver
             him
             ,
             but
             not
             to
             drink
             of
             it
             himself
             ;
             she
             promised
             to
             give
             him
             a
             good
             reward
             ,
             
             and
             he
             suspected
             it
             was
             poyson
             ,
             and
             he
             received
             the
             glass
             by
             his
             son
             ,
             and
             told
             the
             Lieutenant
             of
             it
             ,
             who
             did
             rebuke
             him
             ;
             and
             he
             set
             the
             Glass
             in
             a
             little
             study
             .
             He
             confesseth
             he
             told
             Mrs.
             
               Turner
            
             he
             had
             given
             it
             him
             ,
             and
             demanded
             his
             reward
             .
             That
             Mr.
             
               Iames
            
             and
             Mr.
             
               Rawl
               .
            
             my
             Lord
             of
             
               Somersets
            
             men
             came
             often
             to
             know
             of
             him
             what
             Tarts
             ,
             Jellies
             ,
             or
             Wine
             Sir
             
               Tho.
            
             would
             have
             ,
             and
             they
             brought
             divers
             times
             Tarts
             and
             Jellies
             ,
             whereof
             he
             did
             eat
             .
          
        
         
           
             The
             Confession
             of
             the
             Lieutenant
             to
             his
             Majesty
             .
             Your
             Majesties
             servant
             Sir
             
               Jervas
               Elvis
               .
            
          
           
             AFter
             
               Weston
            
             was
             placed
             in
             the
             Tower
             ,
             he
             met
             with
             me
             with
             Sir
             
               Tho.
            
             supper
             and
             the
             glass
             ,
             and
             asked
             me
             ,
             
               Sir
               Shall
               I
               give
               it
               him
               now
               ?
            
             wherein
             I
             protest
             unto
             your
             Majesty
             my
             ignorance
             ,
             as
             I
             would
             also
             be
             glad
             to
             protest
             the
             same
             to
             the
             world
             ;
             so
             I
             privately
             conferred
             with
             
               Weston
               ,
            
             and
             by
             this
             means
             made
             him
             assured
             unto
             me
             ,
             and
             knew
             all
             ,
             but
             disswaded
             ;
             and
             as
             
               Weston
            
             hath
             since
             the
             death
             of
             Sir
             
               Tho.
            
             confessed
             unto
             me
             ,
             that
             the
             Glyster
             was
             his
             overthrow
             ,
             and
             the
             Apothecary
             had
             20.
             l.
             for
             administring
             it
             .
          
           
             Here
             the
             Lord
             Chief
             Justice
             observed
             by
             this
             question
             of
             
               Weston
            
             to
             the
             Lieutenant
             ,
             
               Sir
               shall
               I
               give
               it
               him
               now
               ?
            
             that
             it
             was
             presently
             agreed
             and
             plotted
             before
             what
             should
             be
             done
             ,
             and
             that
             nothing
             more
             was
             doubted
             on
             ,
             but
             the
             time
             when
             it
             should
             be
             done
             .
          
        
         
         
           
             The
             testimony
             of
             
               Lawrence
               Davis
               ,
            
             taken
             upon
             Oath
             before
             
               Cook
            
             and
             
               Crew
               .
            
          
           
             HE
             affirmeth
             that
             
               Weston
            
             delivered
             him
             a
             Letter
             from
             Sir
             
               Tho.
               
               Overb.
            
             to
             
               Roch.
            
             the
             effect
             whereof
             was
             ,
             that
             he
             would
             do
             his
             endeavor
             in
             being
             a
             means
             of
             friendship
             between
             
               Roch.
            
             and
             some
             others
             ,
             but
             as
             touching
             the
             Marriage
             with
             the
             Countess
             of
             
               Essex
               ,
            
             he
             would
             never
             give
             his
             consent
             :
             and
             also
             bringing
             a
             Letter
             from
             
               Roch
               ▪
            
             to
             Sir
             
               Tho.
               Monson
               ,
            
             he
             delivered
             it
             to
             
               Weston
               ,
            
             and
             a
             paper
             of
             white
             powder
             fell
             out
             ,
             which
             
               Roch.
            
             perswaded
             Sir
             
               Tho.
               
               Overb.
            
             to
             eate
             ,
             and
             not
             to
             fear
             ,
             though
             it
             made
             him
             sick
             ,
             for
             that
             should
             be
             a
             means
             for
             his
             enlargement
             ,
             so
             they
             put
             the
             powder
             into
             the
             Letter
             again
             :
             He
             saith
             ,
             he
             saw
             some
             part
             of
             the
             powder
             in
             
               Westons
            
             hand
             after
             the
             death
             of
             Sir
             
               Tho.
               Overbury
               .
            
          
        
         
           
             The
             Examination
             of
             
               Simon
               Weston
            
             and
             
               Paul
               de
               la
               Bel
            
             as
             at
             the
             first
             Arraignment
             ,
             and
             
               Giles
               Rawlings
            
             Esquire
             ,
             
               15.
            
             Octob.
             
               1615.
               
            
          
           
             SAith
             ,
             that
             upon
             the
             bruit
             of
             poysoning
             of
             Sir
             
               Tho.
               
               Overb.
            
             being
             taxed
             of
             divers
             for
             that
             he
             stirred
             not
             in
             the
             matter
             ,
             Sir
             
               Tho.
            
             being
             his
             kinsman
             ,
             and
             means
             of
             his
             preferment
             ,
             he
             did
             of
             himself
             prefer
             a
             Petition
             to
             the
             King
             ,
             that
             the
             cause
             might
             be
             referred
             to
             the
             Judges
             of
             the
             Law
             for
             ordinary
             course
             of
             Justice
             ,
             rather
             then
             to
             the
             Lords
             of
             the
             Councel
             ,
             by
             them
             to
             be
             examined
             ;
             of
             which
             he
             had
             a
             gracious
             Answer
             ,
             and
             saith
             ,
             that
             of
             14.
             dayes
             before
             the
             death
             of
             Sir
             
               Tho.
            
             he
             could
             never
             be
             suffered
             to
             see
             him
             either
             in
             his
             chamber
             ,
             or
             out
             of
             the
             window
             ,
             
             which
             
               Weston
            
             said
             was
             the
             commandment
             of
             the
             Lords
             and
             the
             Lieutenant
             .
          
           
             And
             here
             the
             Lord
             Chief
             Justice
             observed
             what
             a
             scandal
             they
             put
             upon
             his
             Majesty
             and
             the
             State
             ,
             that
             a
             Gentleman
             and
             a
             Free-man
             being
             onely
             committed
             upon
             contempt
             ,
             should
             more
             straightly
             and
             closely
             be
             kept
             then
             a
             Traytor
             or
             Bondslave
             ,
             so
             that
             neither
             his
             father
             ,
             brother
             ,
             or
             friend
             might
             possibly
             see
             him
             :
             and
             to
             that
             point
             Mr.
             
               Overbury
               ,
            
             father
             to
             Sir
             
               Tho.
            
             sware
             ,
             being
             present
             in
             Court
             ,
             who
             said
             that
             his
             son
             being
             prisoner
             in
             the
             Tower
             ,
             and
             himself
             not
             being
             suffered
             to
             have
             access
             unto
             him
             ,
             he
             found
             at
             last
             that
             
               Roch.
            
             was
             the
             man
             that
             withstood
             it
             .
          
        
         
           
             The
             Lieutenants
             Examination
             ,
             the
             
               5.
            
             of
             October
             .
          
           
             SAith
             ,
             that
             after
             the
             death
             of
             Sir
             
               Tho.
               
               Overb.
               Weston
            
             told
             him
             that
             he
             was
             neglected
             by
             the
             Countess
             ,
             and
             demanding
             his
             reward
             ,
             Mrs.
             
               Turner
            
             told
             him
             the
             Countess
             had
             no
             money
             ;
             but
             afterwards
             he
             confessed
             he
             had
             received
             some
             ,
             and
             should
             receive
             more
             .
             That
             Mr.
             
               Iames
            
             told
             him
             ,
             
               Somerset
            
             would
             reward
             him
             for
             the
             pains
             he
             took
             with
             Sir
             
               Tho.
               
            
             He
             saith
             the
             Tarts
             were
             sent
             from
             the
             Countess
             to
             Sir
             
               Tho.
            
             which
             looked
             ill-favouredly
             ,
             and
             the
             Jellies
             with
             a
             little
             standing
             would
             be
             furred
             ,
             and
             thinketh
             they
             were
             poysoned
             .
             Also
             
               VVeston
            
             told
             him
             that
             the
             Apothecary
             had
             20.
             l.
             for
             giving
             the
             Glyster
             ,
             and
             that
             he
             was
             poysoned
             with
             the
             Glyster
             .
          
           
             Hence
             was
             observed
             as
             well
             by
             the
             Court
             as
             the
             Queens
             Attorney
             ,
             that
             
               VVeston
            
             was
             not
             single
             in
             his
             Confession
             ;
             but
             whensoever
             he
             had
             confessed
             any
             thing
             in
             any
             of
             his
             Examinations
             ,
             it
             was
             likewise
             confirmed
             by
             the
             Examination
             of
             others
             ,
             as
             the
             Lieutenant
             and
             his
             son
             .
          
        
         
         
           
             The
             Examination
             of
             
               William
               Goare
               ,
            
             one
             of
             the
             Sheriffes
             of
             
               London
               .
            
          
           
             SAith
             
               Weston
            
             being
             in
             his
             custody
             ,
             he
             often
             perswaded
             him
             to
             put
             himself
             to
             be
             tryed
             by
             his
             Country
             ,
             
               Weston
            
             telling
             him
             he
             would
             first
             kill
             himself
             ,
             and
             ask
             God
             forgiveness
             afterwards
             :
             and
             said
             ,
             he
             hoped
             they
             would
             not
             make
             a
             Net
             to
             catch
             little
             birds
             ,
             and
             let
             the
             great
             ones
             go
             .
          
           
             Then
             Mr.
             
               War
            
             craving
             leave
             of
             the
             Court
             to
             speak
             ,
             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
               VVood
               ,
            
             and
             shewed
             the
             reasons
             of
             the
             malice
             against
             him
             to
             be
             ,
             for
             that
             he
             was
             so
             great
             an
             impediment
             to
             affections
             :
             then
             he
             made
             the
             dependency
             Mrs.
             
               Turner
            
             had
             to
             the
             Lady
             ,
             and
             
               Weston
            
             to
             Mrs.
             
               Turner
               ,
            
             and
             how
             they
             all
             concluded
             to
             kill
             Sir
             
               Tho.
               Overbury
            
             ;
             the
             like
             whereof
             (
             he
             said
             )
             our
             Fathers
             never
             saw
             before
             us
             :
             and
             he
             lamented
             much
             the
             place
             from
             whence
             the
             poyson
             came
             should
             be
             from
             the
             Court
             ,
             the
             place
             (
             said
             he
             )
             from
             whence
             all
             men
             expected
             their
             safeties
             and
             protection
             .
             Lastly
             ,
             he
             observed
             the
             finger
             of
             God
             even
             in
             this
             ,
             that
             the
             poyson
             had
             scarcely
             been
             suspected
             at
             all
             ,
             or
             enquired
             after
             ,
             had
             it
             not
             been
             for
             the
             extraordinary
             strange
             things
             appearing
             after
             his
             death
             ;
             which
             was
             the
             first
             onely
             cause
             of
             suspicion
             and
             muttering
             .
          
           
             The
             evidence
             being
             given
             ,
             
               VVeston
            
             was
             demanded
             what
             he
             could
             say
             for
             himself
             ,
             who
             although
             he
             had
             before
             confessed
             all
             his
             examinations
             to
             be
             true
             ,
             yet
             he
             seemed
             to
             excuse
             himself
             in
             a
             kinde
             of
             ignorance
             or
             unawares
             ;
             he
             said
             he
             received
             the
             Glasse
             ,
             and
             thought
             it
             was
             not
             good
             ,
             but
             denied
             the
             giving
             of
             it
             to
             Sir
             
               Thomas
            
             :
             being
             demanded
             why
             he
             accused
             one
             
             
               Franklin
            
             for
             delivering
             to
             him
             the
             said
             Glasse
             from
             the
             Countess
             (
             from
             whom
             it
             was
             sent
             )
             he
             confessed
             indeed
             it
             was
             to
             save
             his
             childe
             :
             And
             finally
             ,
             could
             say
             nothing
             that
             had
             any
             colour
             of
             material
             or
             substantial
             point
             to
             excuse
             or
             argue
             innocency
             in
             him
             ;
             so
             the
             Court
             referred
             him
             to
             the
             Jury
             ,
             who
             went
             together
             ,
             and
             within
             short
             space
             returned
             ,
             being
             agreed
             upon
             their
             verdict
             ,
             and
             there
             at
             the
             Bar
             gave
             in
             ,
             that
             
               VVeston
            
             was
             guilty
             of
             the
             fellonies
             of
             murthering
             and
             poysoning
             of
             Sir
             
               Tho.
               Overbury
            
             ;
             and
             then
             the
             Clark
             of
             the
             Crown
             demanded
             of
             him
             what
             he
             could
             say
             for
             himself
             ,
             why
             Judgement
             should
             not
             be
             pronounced
             against
             him
             according
             to
             the
             Law
             .
             To
             which
             he
             answered
             ,
             he
             referred
             himself
             to
             my
             Lord
             and
             the
             Country
             ;
             and
             then
             the
             Lord
             Chief
             Justice
             before
             he
             pronounced
             sentence
             of
             death
             ,
             spake
             to
             this
             effect
             ,
             That
             for
             the
             duty
             of
             the
             place
             he
             must
             say
             somewhat
             ,
             and
             that
             to
             two
             several
             parties
             ;
             first
             ,
             to
             the
             auditory
             ;
             secondly
             ,
             to
             the
             prisoner
             ;
             and
             that
             which
             he
             spake
             to
             the
             auditory
             ,
             he
             divided
             into
             four
             parts
             ,
             
               viz.
               
            
             
               
                 1
                 The
                 manifestation
                 of
                 the
                 glory
                 of
                 God
                 ,
                 and
                 honour
                 of
                 the
                 King
                 .
              
               
                 2
                 The
                 preventing
                 of
                 other
                 damned
                 crimes
                 of
                 poysoning
                 .
              
               
                 3
                 Answer
                 to
                 certain
                 objections
                 .
              
               
                 4
                 That
                 there
                 is
                 no
                 practice
                 of
                 conspiracie
                 in
                 prosecution
                 of
                 the
                 business
                 .
              
            
          
           
             1
             For
             the
             first
             ,
             he
             observed
             the
             finger
             of
             God
             in
             the
             manifestation
             ,
             and
             bringing
             to
             light
             of
             this
             matter
             ,
             having
             slept
             two
             years
             ,
             being
             shadowed
             with
             Greatness
             ,
             which
             cannot
             overcome
             the
             cry
             of
             the
             people
             ;
             he
             observed
             also
             the
             providence
             and
             goodness
             of
             God
             to
             put
             into
             the
             hearts
             of
             himself
             ,
             &
             the
             rest
             of
             the
             Judges
             the
             day
             of
             the
             last
             Arraigning
             ,
             when
             the
             prisoner
             stood
             mute
             ,
             not
             to
             give
             judgement
             against
             him
             for
             that
             time
             ,
             but
             deferred
             it
             till
             now
             ;
             and
             how
             in
             the
             mean
             
             time
             ,
             it
             pleased
             his
             Majesty
             out
             of
             his
             gracious
             care
             and
             pity
             ,
             to
             send
             to
             the
             prisoner
             ,
             first
             the
             Bishop
             of
             
               London
               ,
            
             next
             the
             Bishop
             of
             
               Ely
               ,
            
             to
             admonish
             and
             perswade
             him
             for
             the
             saving
             of
             his
             soul
             ,
             who
             after
             each
             of
             them
             had
             spent
             two
             hours
             with
             him
             ,
             and
             when
             all
             the
             means
             of
             man
             not
             prevailing
             with
             him
             ,
             it
             pleased
             God
             (
             when
             they
             had
             left
             him
             )
             to
             move
             his
             heart
             so
             ,
             that
             now
             he
             did
             put
             himself
             to
             be
             tryed
             by
             his
             Country
             ;
             by
             which
             means
             ,
             using
             
               VVestons
            
             own
             words
             ,
             he
             said
             ,
             the
             greatest
             Flies
             shall
             not
             escape
             ,
             but
             receive
             their
             punishment
             .
             For
             conclusion
             of
             this
             first
             point
             ,
             he
             lastly
             observed
             ,
             
               Divinum
               quiddam
               in
               vulgi
               opinione
               ,
            
             for
             that
             so
             many
             uncertain
             rumours
             touching
             this
             case
             ,
             at
             last
             proved
             to
             be
             true
             .
          
           
             Secondly
             ,
             he
             declared
             how
             for
             previntion
             of
             this
             damned
             crime
             of
             poysoning
             ,
             Justice
             was
             the
             golden
             mean
             ;
             and
             declared
             his
             Majesties
             resolution
             strictly
             to
             execute
             justice
             for
             that
             Treason
             ,
             and
             he
             used
             this
             saying
             ,
             
               Nemo
               prudens
               ,
               &c.
            
             and
             desired
             God
             that
             this
             president
             of
             
               Overburies
            
             might
             be
             an
             example
             ,
             and
             terrour
             against
             this
             horrible
             crime
             ;
             and
             therefore
             it
             might
             be
             called
             the
             great
             
               Oyer
            
             of
             Poysoning
             .
          
           
             Thirdly
             ;
             he
             said
             that
             at
             the
             Arraignment
             were
             certain
             Critiques
             who
             had
             given
             out
             ,
             the
             prisoner
             should
             deny
             his
             Examinations
             ,
             and
             found
             so
             much
             fault
             for
             that
             the
             Examinations
             were
             read
             ,
             the
             prisoner
             standing
             mute
             :
             but
             for
             the
             first
             ,
             how
             untrue
             it
             was
             ,
             all
             the
             world
             saw
             ,
             the
             prisoner
             here
             confessing
             them
             all
             being
             read
             and
             shewed
             unto
             him
             .
             And
             for
             the
             second
             ,
             besides
             that
             it
             was
             exceeding
             discreet
             and
             convenient
             ,
             the
             world
             should
             receive
             some
             satisfaction
             in
             a
             cause
             of
             that
             nature
             ,
             he
             cited
             and
             shewed
             what
             by
             the
             Laws
             of
             the
             Land
             they
             ought
             and
             were
             bound
             to
             do
             ,
             notwithstanding
             the
             greatness
             of
             any
             that
             might
             thereby
             be
             impeached
             ,
             of
             whom
             he
             said
             ,
             although
             this
             was
             
               Vnicum
               crimen
               ,
            
             yet
             it
             was
             not
             
               unicus
               crimon
               .
            
          
           
           
             Fourthly
             ,
             as
             touching
             the
             supposed
             practice
             or
             conspiracie
             ,
             he
             solemnly
             protested
             to
             God
             he
             knew
             none
             ,
             nor
             of
             any
             semblance
             or
             colour
             thereof
             ;
             and
             therefore
             he
             much
             inveighed
             against
             the
             baseness
             and
             unworthiness
             of
             such
             as
             went
             about
             so
             untruly
             and
             wickedly
             to
             slander
             the
             course
             of
             Justice
             :
             and
             so
             he
             came
             last
             of
             all
             to
             that
             which
             he
             had
             to
             speak
             of
             
               Weston
            
             the
             prisoner
             .
          
           
             First
             ,
             touching
             the
             wickedness
             of
             the
             fact
             ,
             he
             very
             seriously
             exhorted
             him
             to
             an
             unfeined
             confession
             and
             contrition
             for
             the
             same
             ;
             declaring
             unto
             him
             how
             that
             his
             confession
             would
             be
             a
             satisfaction
             to
             God
             and
             the
             world
             ,
             if
             by
             faith
             and
             true
             repentance
             he
             would
             lay
             hold
             upon
             the
             merits
             of
             his
             Saviour
             .
             He
             perswaded
             him
             that
             no
             vain
             hope
             ,
             (
             which
             is
             a
             witch
             )
             should
             keep
             him
             back
             from
             giving
             satisfaction
             to
             the
             world
             ,
             by
             discovering
             the
             Great
             ones
             ;
             assuring
             him
             that
             after
             this
             life
             ,
             as
             death
             left
             him
             ,
             so
             judgement
             should
             finde
             him
             .
          
           
             And
             lastly
             ,
             taking
             occasion
             there
             to
             remember
             this
             poysoning
             to
             have
             been
             a
             Popish
             trick
             ,
             which
             he
             instanced
             by
             the
             example
             of
             
               Gurnandus
               di
               Birlanus
            
             mentioned
             22
             Ed.
             1.
             
             
               Squire
               ,
            
             that
             attempted
             to
             poyson
             Queen
             
               Elizabeths
            
             Saddle
             ;
             
               Lopez
               ,
            
             and
             Mrs.
             
               Turner
            
             :
             and
             proceeded
             to
             give
             Judgement
             ,
             which
             was
             ,
             That
             the
             prisoner
             should
             be
             carried
             from
             thence
             to
             the
             place
             whence
             he
             came
             ,
             and
             from
             thence
             to
             Tiburn
             ,
             there
             to
             be
             hanged
             by
             the
             neck
             till
             he
             were
             dead
             .
          
           
             Justice
             being
             given
             ,
             the
             Lord
             Chiefe
             Justice
             commanded
             that
             the
             prisoner
             might
             have
             convenient
             respect
             ,
             and
             the
             company
             of
             some
             godly
             learned
             men
             to
             instruct
             him
             for
             his
             souls
             health
             .
          
        
         
         
           
             The
             Arraignment
             of
             
               Anne
               Turner
            
             a
             widow
             ,
             at
             the
             Kings
             Bench
             Bar
             at
             
               Westminster
               ,
               7.
            
             Novem.
             
               1615.
               
            
          
           
             THe
             Indictment
             whereupon
             
               Richard
               Weston
            
             took
             his
             tryall
             ,
             being
             repeated
             
               verbatim
            
             ;
             she
             was
             Indicted
             for
             comforting
             ,
             aiding
             ,
             and
             assisting
             the
             said
             
               Weston
            
             in
             the
             poysoning
             to
             death
             of
             Sir
             
               Thomas
               Overbury
            
             ;
             to
             which
             she
             pleaded
             not
             guilty
             ,
             putting
             her self
             upon
             God
             and
             the
             Country
             :
             whereupon
             a
             very
             sufficient
             Jury
             of
             two
             Knights
             ,
             and
             the
             rest
             Esquires
             and
             Free-holders
             of
             
               Middle
               sex
            
             were
             sworn
             and
             impannelled
             ;
             for
             the
             triall
             whereof
             ,
             Sir
             
               Tho.
               
               Fouler
            
             was
             Fore-man
             .
          
           
             The
             Lord
             Chiefe
             Justice
             told
             her
             ,
             that
             women
             must
             be
             covered
             in
             Church
             ,
             and
             not
             when
             they
             are
             Arraigned
             ,
             and
             so
             caused
             her
             to
             put
             off
             her
             Hat
             ;
             which
             done
             ,
             she
             covered
             her
             hair
             with
             her
             handkerchiffe
             ,
             being
             before
             dressed
             in
             her
             hair
             ,
             and
             her
             Hat
             over
             it
             .
          
           
             Sir
             
               Lawr.
               Hide
            
             the
             Queens
             Attorney
             ,
             opened
             the
             matter
             much
             to
             the
             effect
             as
             he
             did
             at
             
               Westons
            
             Arraignment
             ;
             shewing
             the
             wickedness
             and
             hainousness
             of
             poysoning
             :
             he
             shewed
             further
             ,
             there
             was
             one
             Dr.
             
               Forman
            
             dwelling
             at
             
               Lambeth
               ,
            
             who
             dyed
             very
             suddenly
             ,
             &
             a
             little
             hefore
             his
             death
             ,
             desired
             that
             he
             might
             be
             buried
             very
             deep
             in
             the
             grave
             ,
             or
             else
             (
             said
             he
             )
             I
             shal
             fear
             you
             all
             .
             To
             him
             in
             his
             life
             time
             often
             resorted
             the
             Countess
             of
             
               Essex
               ,
            
             and
             Mrs
             
               Turner
               ,
            
             calling
             him
             Father
             ;
             their
             cause
             of
             comming
             was
             ,
             that
             by
             the
             force
             of
             Magick
             he
             should
             procure
             the
             now
             Earle
             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
                     Countesses
                     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
                   lye
                   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
                   lye
                   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
                   comming
                   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
                   minde
                   :
                   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
                   any body
                   ,
                   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
                   ,
                   onely
                   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
                   Gods
                   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
             toyes
             .
          
           
             There
             was
             also
             shewed
             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
             shewing
             of
             these
             and
             inchanted
             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
             schollers
             ;
             and
             this
             terrour
             continuing
             about
             a
             quarter
             of
             an
             hour
             ,
             silence
             proclaimed
             ,
             the
             rest
             of
             the
             cunning
             tricks
             were
             likewise
             shewed
             .
             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
             husbands
             study
             ,
             namely
             one
             picture
             in
             wax
             ,
             very
             sumptuously
             appareled
             in
             silk
             and
             sattins
             ,
             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
             shewed
             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
             Earle
             of
             
               Somerset
            
             and
             the
             Countess
             of
             
               Essex
            
             should
             be
             burned
             ,
             or
             any
             other
             great
             personages
             ,
             telling
             her
             that
             the
             Councels
             Warrant
             should
             come
             to
             search
             the
             study
             ,
             and
             that
             all
             his
             goods
             might
             be
             seised
             ;
             whereupon
             she
             and
             her
             Maid
             
               Margaret
               ,
            
             with
             the
             consent
             of
             Mrs.
             
               Forman
               ,
            
             burnt
             divers
             Letters
             and
             papers
             ,
             but
             that
             she
             kept
             some
             without
             their
             privitie
             .
          
           
             There
             were
             also
             inchantments
             shewed
             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
             fastned
             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
             Earle
             of
             
               Essex
            
             his
             person
             .
          
           
             Mrs.
             
               Turner
            
             being
             almost
             close
             prisoner
             in
             one
             of
             the
             Sheriffs
             houses
             in
             
               London
               ,
            
             before
             she
             was
             brought
             to
             the
             Barr
             ,
             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
             spake
             nothing
             for
             her self
             ,
             also
             examinations
             and
             witnesses
             
               Viva
               voce
            
             that
             were
             produced
             at
             
               Westons
            
             arraignment
             ,
             and
             divers
             others
             were
             read
             again
             ,
             as
             the
             Examinations
             of
             
               Edward
               Paine
               ,
               Io.
               VVright
               ,
               Robert
               Freeman
               ,
               Symcock
               Rawlings
               ,
               Payton
               ,
               VVilliams
            
             :
             one
             of
             these
             Examinations
             gave
             in
             evidence
             ,
             that
             one
             
               Franklyn
            
             being
             an
             Apopothecary
             and
             Drugster
             ,
             was
             the
             provider
             of
             all
             the
             poysons
             given
             to
             Sir
             
               Tho.
               Overbury
               .
            
          
           
             A
             Chyrurgeon
             there
             deposed
             ,
             that
             he
             cured
             
               Franklyn
            
             of
             the
             Pox
             ,
             and
             that
             at
             several
             times
             he
             demanded
             of
             his
             Chyrurgion
             what
             was
             the
             strongest
             poyson
             .
             The
             Chyrurgeon
             demanded
             what
             he
             would
             do
             with
             it
             ,
             
               Franklyn
            
             replyes
             ,
             Nothing
             but
             for
             his
             experience
             ,
             and
             to
             try
             conclusions
             .
          
           
             Another
             Examination
             of
             one
             
               Merser
            
             who
             had
             conference
             with
             the
             said
             
               Franklyn
               ,
            
             calling
             him
             Cousen
             ,
             who
             demanded
             of
             the
             examinant
             ,
             What
             news
             ?
             he
             answered
             ,
             Ill
             newes
             :
             I
             am
             sorry
             that
             my
             old
             Lord
             and
             Masters
             son
             is
             found
             insufficient
             ,
             and
             not
             able
             to
             content
             the
             Lady
             .
             
               Franklyn
            
             replyes
             ,
             I
             have
             a
             hand
             in
             that
             business
             ,
             I
             have
             a
             great
             friend
             of
             my
             Lady
             
               Essex
               ,
            
             she
             allows
             me
             2.
             s.
             6.
             d.
             a
             day
             for
             my
             Boat-hire
             ,
             and
             10.
             s.
             a
             week
             for
             my
             dyet
             ,
             I
             could
             have
             any
             money
             if
             I
             would
             .
             
               Merser
            
             replyes
             ,
             but
             Cousin
             ,
             how
             can
             God
             bless
             you
             in
             this
             business
             ?
             
               Franklyn
            
             answered
             ,
             Let
             them
             talk
             of
             God
             that
             have
             to
             do
             with
             him
             :
             my
             Lord
             of
             
               Somerset
            
             and
             the
             Countess
             will
             bear
             me
             out
             in
             any
             thing
             I
             do
             ;
             if
             you
             have
             any
             suit
             wherein
             you
             may
             do
             your self
             any
             good
             ,
             and
             I
             may
             gain
             by
             it
             ,
             I
             will
             warrant
             you
             I
             will
             get
             it
             .
          
           
             
               Francis
            
             deposeth
             ,
             that
             
               Franklyn
            
             married
             his
             sister
             ,
             and
             that
             he
             thinketh
             in
             his
             conscience
             she
             was
             poysoned
             ;
             upon
             some
             discontentment
             he
             heard
             him
             say
             ,
             
             he
             would
             not
             be
             hanged
             for
             never
             a
             whore
             or
             quean
             of
             them
             all
             .
             The
             Lord
             Chief
             Justice
             made
             a
             speech
             upon
             divers
             examinations
             there
             read
             ,
             that
             the
             Earl
             of
             
               Somerset
            
             gave
             directions
             ,
             that
             of
             the
             powder
             he
             sent
             to
             Sir
             
               Thomas
               Overbury
            
             that
             which
             should
             be
             left
             should
             be
             brought
             back
             again
             ,
             his
             pretext
             was
             that
             it
             should
             make
             him
             sick
             ,
             which
             should
             be
             the
             ground
             to
             make
             the
             King
             grant
             his
             liberty
             ,
             saying
             further
             ,
             it
             would
             do
             him
             good
             :
             and
             he
             had
             Tarts
             and
             Jellies
             sent
             him
             likewise
             by
             the
             Countess
             ,
             with
             express
             commandment
             that
             none
             must
             eate
             of
             them
             but
             Sir
             
               Tho.
               
               Overb.
            
             saying
             ,
             they
             would
             do
             him
             no
             harm
             .
          
           
             At
             another
             time
             the
             Countess
             sent
             Tarts
             ,
             Jellies
             ,
             and
             VVine
             ,
             with
             directions
             that
             those
             which
             had
             been
             formerly
             sent
             ,
             should
             be
             brought
             back
             again
             ,
             and
             those
             last
             brought
             should
             be
             given
             him
             at
             supper
             ,
             and
             then
             all
             should
             be
             well
             ;
             but
             directions
             given
             that
             neithe
             Lieutanant
             nor
             his
             wife
             might
             eate
             of
             them
             ,
             but
             they
             might
             drink
             of
             the
             wine
             ,
             for
             in
             the
             Tarts
             and
             Jellies
             there
             might
             be
             letters
             ,
             but
             in
             the
             wine
             none
             ;
             and
             afterwards
             it
             was
             openly
             related
             and
             proved
             by
             divers
             examinations
             ,
             that
             those
             words
             
               Letters
            
             were
             private
             tokens
             between
             the
             Countess
             and
             the
             Lieutenant
             ,
             and
             
               Weston
            
             to
             give
             notice
             what
             things
             were
             poysoned
             ,
             and
             what
             not
             .
          
           
             In
             the
             Examination
             that
             was
             of
             
               VVeston
               ,
            
             it
             was
             related
             ,
             that
             Mr.
             
               Iames
            
             told
             him
             that
             the
             Earl
             his
             Master
             would
             pay
             him
             for
             his
             pains
             taken
             with
             Sir
             
               Tho.
               
               Overb.
            
             Then
             the
             Lord
             Chief
             Justice
             gave
             in
             charge
             to
             the
             Jury
             concerning
             the
             evidence
             they
             had
             formerly
             told
             them
             ,
             and
             heard
             that
             
               VVeston
            
             at
             his
             Examination
             confessed
             all
             he
             had
             said
             formerly
             was
             true
             .
          
           
             He
             further
             related
             what
             a
             great
             vexation
             and
             grief
             it
             was
             to
             the
             King
             ,
             that
             
               Somerset
            
             onely
             by
             making
             use
             of
             his
             favours
             and
             love
             ,
             so
             foul
             a
             fact
             was
             done
             ,
             as
             
             first
             to
             be
             the
             occasion
             to
             put
             Sir
             
               Tho.
               
               Overb.
            
             to
             imployments
             for
             the
             Embassage
             of
             
               Russia
               .
            
             2.
             
             To
             make
             him
             refuse
             them
             ,
             and
             to
             give
             right
             cause
             for
             his
             commitment
             .
             3.
             
             To
             bear
             him
             in
             hand
             that
             he
             would
             work
             his
             liberty
             ,
             but
             still
             aggravated
             and
             laboured
             the
             contrary
             ,
             and
             gave
             directions
             to
             the
             Lieutenant
             to
             look
             surely
             to
             him
             ,
             and
             to
             keep
             him
             close
             prisoner
             ,
             and
             that
             he
             should
             send
             to
             none
             of
             his
             friends
             ,
             or
             they
             to
             him
             ,
             urging
             great
             matters
             against
             him
             .
          
           
             Sir
             
               Tho.
               Monson
            
             was
             often
             employed
             to
             give
             directions
             to
             the
             Lieutenant
             therein
             ,
             a
             most
             barbarous
             course
             to
             be
             so
             dealt
             withall
             onely
             for
             a
             contempt
             ;
             concluding
             that
             Sir
             
               Tho.
               
               Overb.
            
             was
             a
             close
             prisoner
             to
             all
             his
             friends
             ,
             but
             open
             to
             all
             his
             enemies
             ;
             such
             as
             
               Somerset
            
             would
             have
             ,
             or
             send
             to
             him
             .
          
           
             The
             Lord
             Chief
             Justice
             told
             Mrs.
             
               Turner
            
             she
             had
             the
             seven
             deadly
             sins
             ,
             
               viz.
            
             a
             Whore
             ,
             a
             Bawd
             ,
             a
             Sorcerer
             ,
             a
             Murtherer
             ,
             a
             Witch
             ,
             a
             Papist
             ,
             a
             Felone
             ,
             the
             daughter
             of
             the
             Devil
             :
             
               Forman
            
             wishing
             her
             to
             repent
             ,
             and
             to
             become
             the
             servant
             of
             Jesus
             Christ
             ,
             and
             to
             pray
             him
             to
             cast
             out
             those
             seven
             Devils
             .
             She
             desires
             the
             Lord
             Chief
             to
             be
             good
             to
             her
             ,
             saying
             ,
             she
             was
             ever
             brought
             up
             with
             the
             Countess
             of
             
               Somerset
               ,
            
             and
             had
             been
             of
             a
             long
             time
             her
             servant
             ,
             and
             knew
             not
             there
             was
             poyson
             in
             any
             of
             those
             things
             sent
             to
             Sir
             
               Tho.
               
               Overb.
            
             then
             the
             Jury
             went
             forth
             ,
             and
             not
             long
             after
             returned
             ,
             finding
             her
             guilty
             ,
             who
             being
             asked
             what
             she
             could
             say
             for
             her self
             why
             judgement
             should
             not
             be
             pronounced
             against
             her
             ,
             she
             onely
             desired
             favour
             ,
             but
             could
             not
             speak
             any
             thing
             for
             weeping
             .
          
           
             Then
             Judge
             
               Crook
            
             made
             another
             grave
             Speech
             ,
             exhorting
             her
             to
             repentance
             ,
             and
             to
             prepare
             her self
             ready
             for
             death
             ,
             and
             that
             the
             little
             time
             which
             should
             be
             assigned
             her
             to
             live
             ,
             she
             should
             not
             spend
             it
             either
             
             in
             labour
             or
             imagination
             to
             get
             her
             life
             ,
             for
             that
             hope
             was
             but
             a
             VVitch
             :
             upon
             conclusion
             of
             which
             Speech
             he
             gave
             Judgement
             ,
             and
             told
             her
             she
             had
             a
             very
             honorable
             Tryall
             by
             such
             men
             as
             he
             had
             not
             seen
             in
             his
             time
             for
             one
             of
             her
             rank
             and
             quality
             ,
             and
             so
             was
             delivered
             to
             the
             Sheriff
             .
          
           
             Upon
             the
             wednesday
             following
             she
             was
             brought
             from
             the
             Sheriffs
             in
             a
             Coach
             to
             
               Newgate
               ,
            
             and
             was
             there
             put
             into
             a
             Cart
             ,
             and
             casting
             money
             often
             amongst
             the
             people
             as
             she
             went
             ,
             she
             was
             carried
             to
             
               Tyborn
               ,
            
             where
             she
             was
             executed
             ,
             and
             whither
             many
             men
             and
             women
             of
             fashion
             came
             in
             Coaches
             to
             see
             her
             dye
             ,
             to
             whom
             she
             made
             a
             speech
             ,
             desiring
             them
             not
             to
             rejoyce
             at
             her
             fall
             ,
             but
             to
             take
             example
             by
             her
             :
             she
             exhorted
             them
             to
             serve
             God
             ,
             and
             abandon
             ill
             company
             ,
             and
             all
             other
             sins
             ,
             relating
             her
             breeding
             with
             the
             Countess
             of
             
               Somerset
               ,
            
             having
             had
             no
             other
             means
             to
             maintain
             her self
             and
             her
             children
             ,
             but
             what
             came
             from
             the
             Countess
             ;
             And
             said
             further
             ,
             that
             when
             her
             hand
             was
             once
             in
             this
             business
             ,
             she
             knew
             the
             revealing
             of
             it
             would
             be
             her
             overthrow
             ;
             by
             which
             ,
             with
             other
             like
             speeches
             ,
             and
             great
             penitence
             there
             shewed
             ,
             she
             moved
             the
             Spectators
             to
             great
             pitty
             and
             grief
             for
             her
             .
          
        
      
       
       
         
           The
           proceedings
           against
           Sir
           
             Iervas
             Elvis
             ,
          
           Knight
           ,
           Lieutenant
           of
           the
           Tower
           ,
           at
           his
           Arraignment
           at
           
             Guild-Hall
             ,
          
           the
           16.
           of
           
             Novemb.
          
           1615.
           
        
         
           THe
           form
           of
           the
           Indictment
           was
           ,
           the
           malicious
           aiding
           ,
           comforting
           ,
           and
           abetting
           of
           
             VVeston
          
           in
           the
           poysoning
           and
           murthering
           of
           Sir
           
             Tho.
             
             Overb.
          
           whereupon
           it
           was
           laid
           against
           him
           as
           followeth
           .
        
         
           First
           ,
           when
           
             VVeston
          
           received
           the
           Viall
           of
           poyson
           of
           two
           inches
           long
           ,
           to
           give
           Sir
           
             Tho.
          
           he
           having
           the
           Glass
           in
           the
           one
           hand
           ,
           and
           the
           broth
           for
           Sir
           
             Tho.
          
           in
           the
           other
           ,
           meeting
           the
           Lieutenant
           ,
           asking
           him
           this
           ,
           
             Sir
             shall
             I
             give
             it
             him
             now
             ?
          
           The
           Lieutenant
           reproved
           him
           ,
           yet
           that
           night
           he
           gave
           it
           him
           in
           his
           broth
           ,
           
             Ergo
             ,
          
           the
           Lieutenant
           knew
           of
           the
           practise
           and
           poysoning
           of
           Sir
           
             Tho.
             
             Overb.
             Et
             qui
             non
             propulsat
             injuriam
             cum
             possit
             eam
             infert
             ,
          
           Cicero
           .
        
         
           After
           this
           was
           known
           to
           be
           poyson
           ,
           yet
           he
           kept
           
             Weston
          
           still
           ,
           he
           favoured
           ,
           countenanced
           ,
           and
           graced
           him
           ,
           and
           one
           time
           sent
           him
           a
           cup
           of
           Sack
           ,
           and
           bad
           his
           man
           tell
           him
           he
           loved
           him
           as
           well
           as
           ever
           he
           did
           ;
           all
           this
           while
           he
           paid
           him
           no
           wages
           ,
           and
           as
           soon
           as
           Sir
           
             Thomas
             Overbury
          
           dyed
           ,
           
             VVeston
          
           was
           removed
           .
        
         
           The
           Countess
           writ
           a
           Letter
           to
           the
           Lieutenant
           ,
           with
           the
           Letter
           she
           sent
           poysoned
           Tarts
           to
           
             Overbury
             ,
          
           and
           Wine
           to
           the
           Lieutenants
           wife
           ,
           and
           bad
           him
           give
           the
           Tarts
           to
           
             Overbury
             ,
          
           for
           there
           were
           Letters
           in
           them
           ;
           but
           his
           wife
           and
           children
           might
           drink
           the
           Wine
           ,
           for
           she
           was
           sure
           there
           were
           no
           Letters
           in
           it
           .
        
         
         
           The
           Earle
           of
           
             Northampton
          
           writ
           a
           Letter
           to
           the
           Lieutenant
           concerning
           the
           imprisonment
           of
           
             Overbury
          
           ;
           the
           said
           Earle
           writ
           three
           Letters
           to
           
             Rochester
          
           contaiing
           these
           words
           :
           
             
               
                 SWeet
                 Lord
                 ,
                 think
                 not
                 I
                 finde
                 pain
                 in
                 that
                 which
                 gives
                 me
                 sweetest
                 pleasure
                 ,
                 which
                 is
                 any
                 thing
                 which
                 falls
                 from
                 your
                 Pen
                 .
                 Three
                 things
                 concur
                 to
                 my
                 exceeding
                 joy
                 in
                 your
                 worthy
                 Letters
                 ;
                 proof
                 of
                 your
                 love
                 ,
                 comfort
                 of
                 your
                 words
                 ,
                 and
                 judgement
                 in
                 your
                 writing
                 :
                 you
                 may
                 believe
                 the
                 words
                 of
                 him
                 that
                 will
                 rather
                 dye
                 then
                 flatter
                 you
                 ,
                 my
                 heart
                 is
                 full
                 of
                 the
                 love
                 of
                 you
                 ;
                 your
                 Characters
                 are
                 no
                 pain
                 for
                 me
                 to
                 peruse
                 ,
                 being
                 as
                 well
                 acquainted
                 with
                 your
                 hand
                 ,
                 as
                 mine
                 own
                 :
                 the
                 pain
                 is
                 no
                 more
                 then
                 the
                 cracking
                 of
                 a
                 Nut
                 for
                 the
                 sweet
                 kernel
                 ,
                 or
                 my
                 Neeces
                 pain
                 in
                 the
                 silver-dropping
                 streams
                 of
                 your
                 Pen
                 .
                 (
                 There
                 the
                 Lord
                 Chief
                 Justice
                 left
                 off
                 reading
                 for
                 the
                 baudiness
                 of
                 it
                 ;
                 then
                 after
                 in
                 the
                 Letter
                 followed
                 :
                 )
                 I
                 spent
                 two
                 hours
                 yesterday
                 in
                 prompting
                 the
                 Lieutenant
                 with
                 cautions
                 and
                 considerations
                 ;
                 observing
                 with
                 whom
                 he
                 is
                 to
                 deal
                 ,
                 that
                 he
                 might
                 the
                 better
                 act
                 his
                 part
                 for
                 the
                 adventure
                 in
                 which
                 he
                 dealeth
                 .
              
               
                 
                   Henry
                   Northampton
                   .
                
              
            
          
           
             
               
                 Another
                 Letter
                 to
                 
                   Rochester
                   .
                
              
               
                 SWeet
                 Lord
                 ,
                 I
                 cannot
                 deliver
                 unto
                 you
                 with
                 what
                 caution
                 and
                 consideration
                 ,
                 
                   &c.
                
                 and
                 the
                 Lieutenant
                 looking
                 to
                 his
                 business
                 ,
                 which
                 concerns
                 me
                 more
                 then
                 Text
                 affords
                 ,
                 that
                 marching
                 in
                 his
                 affairs
                 ,
                 I
                 shall
                 hold
                 him
                 discreet
                 ,
                 and
                 love
                 him
                 better
                 whilst
                 I
                 live
                 for
                 this
                 his
                 conclusion
                 ,
                 for
                 this
                 
                   Negro
                
                 
                 can
                 no
                 more
                 change
                 his
                 skin
                 ,
                 then
                 the
                 
                   Leopard
                
                 his
                 spots
                 .
              
               
                 
                   Hen.
                   Northampton
                   .
                
              
            
          
           
             
               
                 Another
                 Letter
                 to
                 
                   Rochester
                   .
                
              
               
                 SWeet
                 Lord
                 ,
                 
                   Overbury
                
                 being
                 viewed
                 ,
                 there
                 was
                 found
                 in
                 his
                 arm
                 an
                 Issue
                 ,
                 and
                 on
                 his
                 belly
                 twelve
                 kernels
                 like
                 to
                 break
                 to
                 issue
                 ,
                 each
                 as
                 broad
                 as
                 three
                 pence
                 ,
                 as
                 big
                 as
                 a
                 small
                 button
                 ;
                 an
                 Issue
                 in
                 his
                 back
                 with
                 a
                 tawny
                 plaister
                 on
                 it
                 ,
                 this
                 was
                 strange
                 and
                 ugly
                 ,
                 he
                 stank
                 intolerably
                 ,
                 insomuch
                 that
                 he
                 was
                 cast
                 into
                 a
                 Coffin
                 with
                 a
                 loose
                 sheet
                 over
                 him
                 :
                 God
                 is
                 gracious
                 in
                 cutting
                 off
                 such
                 ill
                 instruments
                 from
                 the
                 factious
                 crew
                 ;
                 if
                 he
                 had
                 come
                 forth
                 ,
                 they
                 would
                 have
                 made
                 use
                 of
                 him
                 .
                 Thus
                 sweet
                 Lord
                 wishing
                 you
                 all
                 increase
                 of
                 happiness
                 and
                 honour
                 ,
                 I
                 end
              
               
                 
                   Your
                   Lordships
                   more
                   then
                   any
                   mans
                   ,
                
                 
                   Hen.
                   Northampton
                   .
                
              
            
          
        
         
           The
           Lieutenant
           writ
           a
           Letter
           to
           
             Northampton
             ,
          
           certifying
           him
           ,
           that
           he
           undertook
           Sir
           
             Tho.
             Overbury
          
           according
           to
           his
           Instructions
           ;
           that
           as
           soon
           as
           he
           came
           to
           the
           place
           ,
           Sir
           
             Thomas
          
           protested
           his
           innocency
           upon
           the
           Bible
           ,
           and
           then
           (
           quoth
           he
           )
           he
           asked
           me
           what
           they
           meant
           to
           do
           with
           him
           ?
           I
           answered
           ,
           they
           mean
           to
           refine
           you
           ,
           that
           your
           pureness
           may
           appear
           the
           better
           :
           after
           I
           walked
           with
           him
           in
           his
           Chamber
           ,
           and
           advised
           him
           to
           give
           way
           to
           the
           match
           between
           
             Rochester
          
           and
           the
           Countess
           ,
           but
           then
           he
           grew
           hot
           against
           your
           Lordship
           ,
           and
           the
           Countess
           of
           
             Suffolk
             ,
          
           saying
           if
           
           he
           were
           the
           Countess
           of
           
             Suffolks
          
           prisoner
           (
           as
           he
           thought
           he
           was
           )
           then
           (
           said
           he
           )
           let
           her
           know
           that
           I
           care
           as
           little
           to
           dye
           ,
           as
           she
           to
           be
           cruel
           .
           The
           Countess
           I
           finde
           to
           be
           joyned
           with
           you
           in
           this
           plot
           ,
           though
           the
           Chamberlain
           knows
           not
           of
           it
           ,
           nor
           any
           one
           else
           :
           but
           
             Rochesters
          
           part
           I
           shall
           most
           fear
           untill
           I
           see
           the
           event
           to
           be
           clearly
           conveyed
           :
           and
           so
           he
           concluded
           his
           Letter
           .
        
         
           
             The
             Answer
             of
             Sir
             
               Jervas
               Elvis
            
             to
             the
             points
             proposed
             .
          
           
             MY
             Lord
             ,
             before
             I
             answer
             the
             matter
             of
             charge
             against
             me
             ,
             let
             me
             remember
             your
             Lordship
             of
             one
             speech
             I
             learned
             from
             your
             mouth
             ,
             I
             have
             heard
             you
             speak
             it
             at
             the
             Councel
             Table
             ,
             and
             at
             the
             Assizes
             in
             the
             Country
             ;
             that
             when
             a
             prisoner
             stands
             at
             the
             Bar
             for
             his
             life
             comfortless
             ,
             allowed
             no
             counsel
             ,
             but
             strong
             counsel
             against
             him
             ,
             perchance
             affrighted
             with
             the
             fear
             of
             death
             ,
             his
             wife
             and
             his
             children
             to
             be
             cast
             out
             of
             doors
             ,
             and
             made
             to
             seek
             their
             bread
             ,
             you
             have
             alwayes
             pitied
             the
             cause
             of
             such
             an
             one
             ,
             you
             have
             protested
             you
             had
             rather
             hang
             in
             hell
             for
             mercy
             to
             such
             an
             one
             ,
             then
             for
             judgement
             .
          
           
             My
             Lord
             ,
             you
             have
             not
             observed
             your
             own
             rule
             in
             my
             cause
             ,
             you
             have
             paraphrased
             upon
             every
             examination
             ,
             you
             have
             aggravated
             every
             evidence
             ,
             and
             applied
             it
             to
             me
             ;
             so
             that
             I
             stand
             clearly
             condemned
             ,
             before
             I
             be
             found
             guilty
             :
             if
             I
             were
             so
             vile
             a
             man
             as
             your
             Lordship
             conceives
             me
             ,
             I
             were
             unworthy
             of
             any
             favour
             ,
             but
             I
             hope
             your
             Lordship
             shall
             not
             finde
             it
             .
          
           
             So
             I
             will
             deny
             nothing
             that
             hath
             evidence
             of
             truth
             against
             me
             ;
             I
             will
             not
             tell
             a
             lie
             to
             save
             my
             life
             :
             and
             beseech
             your
             Lordship
             so
             to
             conceive
             of
             me
             ,
             move
             your
             charity
             towards
             me
             .
          
           
           
             Then
             desired
             he
             the
             Court
             ,
             that
             the
             heads
             of
             the
             Accusations
             might
             be
             collected
             by
             the
             Councel
             of
             the
             King
             ,
             which
             were
             the
             same
             which
             were
             mentioned
             before
             ,
             to
             which
             he
             severally
             answereth
             :
          
           
             To
             the
             first
             ,
             
               Shall
               I
               give
               him
               now
               ?
            
             he
             answered
             ,
             That
             when
             
               Weston
            
             asked
             him
             the
             question
             ,
             he
             saw
             no
             poyson
             in
             his
             hand
             and
             therefore
             (
             said
             he
             )
             in
             
               Westons
            
             and
             my
             Examinations
             the
             question
             was
             ,
             
               Shall
               I
               give
               it
               him
               now
               ?
            
             not
             ,
             
               Shall
               I
               give
               him
               this
               now
               ?
            
             for
             there
             is
             a
             great
             difference
             between
             
               hoc
               ,
            
             and
             
               id
               ,
            
             in
             matters
             of
             prevention
             .
          
           
             But
             further
             ,
             when
             
               Weston
            
             had
             told
             me
             that
             it
             was
             poyson
             which
             he
             meant
             to
             give
             ,
             I
             reproved
             him
             ,
             and
             beat
             him
             down
             with
             Gods
             Judgements
             :
             nay
             I
             humbled
             him
             so
             ,
             that
             he
             thanked
             God
             and
             me
             on
             his
             knees
             ,
             and
             told
             me
             that
             he
             and
             his
             had
             cause
             to
             blesse
             God
             for
             me
             ,
             for
             that
             I
             with-held
             him
             from
             doing
             that
             act
             ;
             and
             if
             you
             call
             this
             comforting
             and
             abetting
             ,
             to
             terrifie
             a
             man
             for
             his
             sins
             ,
             and
             to
             make
             him
             confess
             his
             faults
             to
             God
             ,
             and
             to
             abhor
             and
             detest
             the
             act
             ,
             then
             was
             I
             an
             abettor
             ,
             and
             comforter
             of
             
               Weston
               .
            
          
           
             To
             the
             second
             ,
             after
             I
             had
             thus
             terrified
             him
             with
             Gods
             Judgements
             ,
             and
             saw
             him
             cast
             down
             for
             his
             offence
             ,
             I
             could
             do
             him
             no
             better
             office
             then
             to
             raise
             him
             up
             ,
             who
             was
             thus
             cast
             down
             ,
             and
             therefore
             favoured
             him
             ;
             I
             shewed
             him
             kindness
             ,
             I
             drank
             to
             him
             ,
             to
             the
             intent
             
               I
            
             might
             encourage
             the
             intentions
             of
             his
             minde
             ,
             which
             
               I
            
             found
             then
             in
             abhorring
             the
             fact
             ;
             and
             for
             that
             
               I
            
             gave
             him
             no
             wages
             ,
             it
             is
             true
             ;
             
               I
            
             took
             him
             from
             the
             commendations
             of
             my
             Lord
             of
             
               Northampton
               ,
            
             and
             Sir
             
               Tho.
               Monson
               ,
            
             whom
             
               I
            
             took
             to
             be
             my
             friends
             ,
             and
             thought
             they
             would
             commend
             no
             man
             to
             be
             a
             Keeper
             ,
             which
             might
             endamage
             me
             .
          
           
             To
             the
             third
             ,
             
               I
            
             never
             knew
             any
             other
             meaning
             of
             the
             Countesses
             words
             in
             her
             Letters
             ,
             but
             the
             bare
             literal
             meaning
             ;
             and
             sure
             (
             quoth
             he
             )
             after
             
               I
            
             had
             received
             
             the
             Tarts
             ,
             and
             they
             stood
             a
             while
             in
             my
             Kitchin
             ,
             saw
             them
             so
             black
             and
             foul
             ,
             and
             of
             such
             strange
             colours
             ,
             that
             
               I
            
             did
             cause
             my
             Cook
             to
             throw
             them
             away
             and
             to
             make
             other
             Tarts
             for
             him
             .
          
           
             To
             the
             fourth
             he
             saith
             ,
             the
             Earle
             of
             
               Northamptons
            
             Letter
             to
             him
             ,
             was
             not
             any
             thing
             touching
             the
             poysoning
             of
             Sir
             
               Thomas
               Overbury
               ,
            
             but
             for
             a
             close
             restraint
             ,
             to
             the
             end
             that
             
               Overbury
            
             might
             agree
             to
             their
             purposes
             concerning
             the
             marriage
             to
             be
             had
             between
             
               Rochester
            
             and
             the
             Countess
             :
             if
             the
             Earle
             of
             
               North-hampton
            
             had
             any
             plot
             to
             take
             away
             his
             life
             ,
             
               I
            
             was
             not
             of
             his
             counsel
             ,
             nor
             had
             knowledge
             therein
             .
          
           
             To
             the
             fifth
             ,
             it
             is
             said
             ,
             
               I
            
             received
             him
             according
             to
             my
             instructions
             ;
             
               I
            
             meant
             no
             other
             thing
             then
             
               I
            
             had
             delivered
             before
             ,
             which
             was
             concerning
             the
             closeness
             of
             his
             imprisonment
             ;
             but
             being
             asked
             what
             he
             meant
             by
             these
             words
             ,
             
               Rochesters
               part
               I
               shall
               greatly
               fear
               ,
               untill
               I
               see
               the
               event
               to
               be
               clearly
               carried
            
             :
             In
             this
             he
             staggered
             and
             wavered
             much
             ,
             and
             gave
             his
             answer
             ,
             It
             was
             long
             since
             
               I
            
             writ
             this
             Letter
             ,
             and
             for
             the
             particular
             circumstance
             that
             induced
             me
             to
             this
             speech
             ,
             
               I
            
             cannot
             now
             call
             to
             memory
             :
             but
             sure
             
               I
            
             am
             ,
             (
             knowing
             my self
             to
             be
             innocent
             )
             
               I
            
             satisfie
             my
             remembrance
             ,
             so
             that
             
               I
            
             meant
             nothing
             concerning
             the
             taking
             away
             of
             his
             life
             :
             but
             because
             
               I
            
             was
             a
             stranger
             to
             
               Rochester
               ,
            
             and
             had
             heard
             ,
             and
             known
             of
             that
             great
             league
             that
             was
             between
             them
             ,
             
               I
            
             might
             well
             think
             ,
             suspect
             ,
             and
             fear
             whether
             he
             would
             alwayes
             continue
             those
             projects
             for
             his
             restraint
             .
             These
             were
             the
             answers
             he
             made
             to
             his
             accusations
             :
             and
             after
             he
             had
             made
             many
             protestations
             betwixt
             God
             and
             his
             soul
             of
             innocency
             ,
             in
             the
             mallicious
             plotting
             and
             abetting
             of
             
               Overburies
            
             death
             ,
             he
             appealed
             himself
             to
             the
             Jury
             ,
             and
             said
             ,
          
           
             
               I
            
             will
             prove
             unto
             you
             by
             many
             infallible
             and
             unanswerable
             reasons
             ,
             that
             
               I
            
             could
             not
             be
             aider
             and
             complotter
             
             with
             
               Weston
            
             in
             this
             poysoning
             :
             first
             ,
             
               I
            
             made
             a
             free
             and
             voluntary
             discovery
             of
             it
             my self
             ,
             
               I
            
             was
             not
             compelled
             ;
             will
             any
             man
             imagine
             
               I
            
             would
             discover
             a
             thing
             wherein
             
               I
            
             am
             not
             able
             to
             clear
             my self
             ?
             Nature
             is
             more
             kinde
             then
             to
             be
             its
             own
             accuser
             .
          
           
             Besides
             ,
             that
             my
             clearness
             might
             more
             appear
             and
             remain
             in
             the
             world
             without
             any
             suspition
             ,
             
               I
            
             proceeded
             and
             accused
             the
             murtherer
             
               Weston
               .
            
             It
             had
             been
             a
             senselesse
             thing
             in
             me
             (
             if
             
               I
            
             had
             not
             thought
             my self
             clear
             )
             to
             have
             accused
             him
             ,
             who
             might
             have
             done
             as
             much
             for
             me
             .
             Nay
             
               Weston
            
             himself
             proved
             me
             to
             be
             an
             honest
             man
             before
             the
             Chancellour
             of
             the
             Exchequer
             ,
             for
             he
             confessed
             to
             him
             and
             others
             being
             present
             ,
             that
             he
             thought
             the
             Lieutenant
             knew
             not
             of
             the
             poyson
             ;
             and
             in
             his
             Examination
             before
             the
             Lord
             Chief
             Justice
             ,
             and
             Serjeant
             
               Crew
               ,
            
             being
             asked
             the
             meaning
             of
             those
             words
             (
             
               Shall
               I
               give
               it
               him
               now
               ?
            
             )
             he
             answered
             ,
             That
             he
             thought
             that
             those
             which
             had
             set
             him
             on
             work
             ,
             had
             acquainted
             the
             Lieutenant
             with
             their
             plot
             .
          
           
             And
             also
             
               I
            
             was
             so
             confident
             in
             mine
             own
             innocency
             ,
             that
             
               I
            
             told
             my
             Lord
             Chief
             Justice
             ,
             and
             my
             Lord
             
               Zouch
               ,
            
             that
             the
             way
             to
             make
             
               Weston
            
             confess
             ,
             and
             to
             discover
             all
             ,
             was
             by
             fair
             and
             gentle
             intreaty
             of
             him
             ;
             and
             so
             by
             this
             means
             they
             might
             search
             to
             the
             very
             bottome
             of
             his
             heart
             :
             in
             this
             the
             Lord
             Chief
             Justice
             witnessed
             with
             him
             .
          
           
             And
             after
             Sir
             
               Thomas
            
             was
             dead
             ,
             
               Weston
            
             and
             Mrs.
             
               Turner
            
             were
             sent
             to
             me
             to
             know
             whether
             
               I
            
             had
             any
             inkling
             of
             the
             death
             of
             Sir
             
               Thomas
            
             :
             what
             need
             they
             have
             made
             this
             question
             ,
             if
             
               I
            
             had
             known
             any
             thing
             thereof
             ?
          
           
             Also
             that
             which
             
               I
            
             do
             know
             concerning
             the
             poysoning
             of
             Sir
             
               Thomas
               ,
            
             was
             after
             his
             death
             by
             the
             relation
             of
             
               Weston
            
             ;
             and
             
               I
            
             am
             here
             indicted
             as
             accessary
             before
             
             the
             fact
             ,
             when
             
               I
            
             knew
             nothing
             till
             after
             the
             fact
             .
          
           
             After
             that
             he
             had
             confirmed
             these
             reasons
             by
             sundry-proofs
             and
             witnesses
             ,
             he
             went
             further
             in
             his
             own
             defence
             .
             If
             
               I
            
             be
             in
             the
             plot
             ,
             my
             Lord
             Treasurer
             is
             ,
             
               I
            
             have
             his
             Letter
             to
             shew
             in
             it
             ,
             he
             called
             me
             to
             his
             lodging
             ,
             and
             said
             ,
             The
             plots
             you
             know
             them
             as
             well
             as
             I.
             The
             plots
             were
             onely
             to
             repair
             her
             honor
             :
             my
             wife
             hath
             the
             Letters
             from
             the
             Lord
             Treasurer
             and
             
               Munson
            
             :
             for
             these
             plots
             
               I
            
             will
             run
             willingly
             to
             my
             death
             ,
             if
             circumstances
             be
             knit
             with
             any
             manner
             of
             fact
             .
          
           
             He
             proceeded
             further
             ,
             and
             told
             the
             Lord
             Chief
             Justice
             ,
             that
             he
             spake
             not
             this
             to
             justifie
             himself
             ,
             so
             that
             no
             blemish
             or
             stain
             might
             cleave
             unto
             him
             ,
             for
             (
             said
             he
             )
             this
             visitation
             is
             sent
             me
             from
             God
             ,
             and
             whether
             
               I
            
             live
             or
             dye
             ,
             it
             is
             the
             happiest
             affliction
             to
             my
             soul
             that
             
               I
            
             ever
             received
             :
             
               I
            
             have
             laid
             open
             my
             whole
             heart
             from
             blood
             guiltiness
             ,
             
               I
            
             have
             not
             repented
             me
             other
             then
             for
             errors
             of
             my
             judgement
             in
             not
             detecting
             what
             
               I
            
             suspected
             ,
             and
             yet
             
               I
            
             ask
             God
             forgiveness
             for
             less
             sins
             ,
             but
             of
             this
             
               I
            
             know
             no
             other
             then
             the
             gross
             error
             of
             my
             judgement
             in
             not
             preventing
             it
             ,
             when
             
               I
            
             saw
             such
             intendment
             and
             imagination
             against
             him
             .
          
           
             Then
             he
             put
             my
             Lord
             Chief
             Justice
             this
             question
             :
             If
             one
             that
             knoweth
             not
             of
             any
             plot
             to
             poyson
             a
             man
             ,
             but
             onely
             suspecteth
             ,
             is
             no
             actor
             or
             contriver
             himself
             ,
             onely
             imagineth
             such
             a
             thing
             ,
             whether
             such
             a
             one
             be
             accessary
             to
             the
             Murther
             ?
             for
             the
             words
             of
             the
             Indictment
             are
             
               abetting
               and
               comforting
               with
               malice
               .
            
             Now
             if
             there
             be
             any
             man
             that
             charges
             me
             expresly
             or
             in
             direct
             tearms
             that
             
               I
            
             was
             an
             abetter
             ;
             or
             if
             the
             Court
             shall
             think
             fit
             in
             this
             case
             that
             
               I
            
             have
             put
             ,
             that
             such
             a
             concealing
             without
             malice
             in
             an
             abetting
             ,
             
               I
            
             refuse
             not
             to
             dye
             ;
             
               I
            
             am
             guilty
             :
             this
             was
             the
             summe
             of
             his
             speech
             .
          
           
           
             Then
             the
             Lord
             Chief
             Justice
             replyed
             ,
             That
             to
             his
             knowledge
             he
             spake
             no
             more
             concerning
             the
             evidence
             then
             he
             could
             in
             conscience
             justifie
             ,
             which
             was
             onely
             to
             explain
             the
             evidence
             ,
             and
             not
             wresting
             any
             thing
             in
             prejudice
             of
             his
             life
             .
          
           
             But
             further
             ,
             he
             told
             him
             ,
             that
             two
             dayes
             before
             Sir
             
               Thomas
            
             dyed
             ,
             you
             wished
             his
             man
             to
             bring
             in
             his
             best
             Sute
             of
             hangings
             to
             hang
             his
             Chamber
             ,
             which
             you
             knew
             were
             your
             Fees
             :
             after
             he
             told
             him
             that
             his
             accusation
             of
             the
             Lord
             Treasurer
             was
             very
             malicious
             ;
             for
             in
             all
             the
             Examinations
             he
             had
             taken
             ,
             in
             all
             the
             exact
             search
             he
             could
             make
             for
             the
             finding
             out
             of
             the
             truth
             ;
             he
             saw
             not
             that
             honourable
             Gentleman
             any
             way
             touched
             .
             In
             conclusion
             ,
             he
             told
             him
             ,
             It
             is
             not
             your
             deep
             protestations
             ,
             and
             your
             appealing
             to
             God
             and
             his
             Throne
             ,
             that
             can
             sway
             a
             Jury
             from
             their
             evidence
             ,
             which
             is
             not
             answered
             unto
             .
          
           
             But
             to
             leave
             you
             without
             excuse
             ,
             and
             to
             make
             the
             matter
             as
             clear
             as
             may
             be
             ;
             here
             is
             the
             Confession
             of
             
               Franklin
               ,
            
             which
             he
             then
             drew
             out
             of
             his
             bosome
             ,
             saying
             ,
             This
             poor
             man
             not
             knowing
             Sr
             
               Iervis
            
             should
             come
             to
             his
             Triall
             ,
             this
             morning
             he
             came
             unto
             me
             at
             five
             of
             the
             clock
             ,
             and
             told
             me
             that
             he
             was
             much
             troubled
             in
             his
             conscience
             ,
             and
             could
             not
             rest
             all
             night
             ,
             untill
             he
             made
             his
             Confession
             ,
             and
             it
             is
             such
             an
             one
             (
             these
             were
             his
             words
             )
             as
             the
             eye
             of
             
               England
            
             never
             saw
             ,
             nor
             the
             ear
             of
             Christendome
             ever
             heard
             .
          
        
         
         
           
             The
             Confession
             of
             
               James
               Franklin
               ,
               16.
            
             Novem.
             1615.
             
          
           
             MIstress
             
               Turner
            
             came
             to
             me
             from
             the
             Countess
             ,
             and
             wished
             me
             from
             her
             to
             get
             the
             strongest
             poyson
             I
             could
             for
             Sr
             
               Th.
               Overbury
            
             ▪
             accordingly
             I
             brought
             seven
             sorts
             ;
             
               Aqua-fortis
               ,
               White-Arsnick
               ,
               Mercury
               ,
               Great-spiders
               ,
               Powder
            
             of
             
               Diamonds
               ,
               Lapis
               Costitus
               ,
               Cantarides
            
             ;
             all
             these
             were
             given
             to
             Sir
             
               Tho.
            
             at
             several
             times
             :
             and
             further
             confesseth
             ,
             that
             the
             Lieutenant
             knew
             of
             these
             poysons
             ;
             for
             that
             appeared
             (
             said
             he
             )
             by
             many
             Letters
             which
             he
             writ
             to
             the
             Countess
             of
             
               Essex
               ,
            
             which
             
               I
            
             saw
             ,
             and
             thereby
             knew
             that
             he
             knew
             of
             that
             matter
             ;
             one
             of
             them
             I
             read
             for
             the
             Countess
             ,
             because
             she
             could
             not
             read
             it
             her self
             ,
             in
             which
             the
             Lieutenant
             used
             this
             speech
             :
             
               Madam
               ,
            
             This
             Scab
             is
             like
             the
             Fox
             ,
             the
             more
             he
             is
             cursed
             ,
             the
             better
             he
             fareth
             :
             and
             other
             speeches
             .
          
           
             Sir
             
               Tho.
            
             never
             eat
             white
             Salt
             ,
             but
             there
             was
             
               White-Arsnick
            
             put
             into
             it
             ;
             once
             he
             desired
             Pigge
             ,
             and
             Mrs.
             
               Turner
            
             put
             into
             it
             
               Lapis
               Costitus
            
             ;
             the
             white
             powder
             that
             was
             sent
             Sir
             
               Thomas
            
             in
             a
             Letter
             ,
             he
             knew
             to
             be
             
               White-Arsnick
               ,
            
             a
             very
             deadly
             poyson
             .
          
           
             At
             another
             time
             he
             had
             two
             Partridges
             sent
             him
             from
             the
             Court
             ,
             and
             water
             and
             onyons
             being
             the
             sawce
             ,
             Mrs.
             
               Turner
            
             instead
             of
             Pepper
             put
             in
             
               Cantarides
               ,
            
             so
             that
             there
             was
             scarce
             any
             thing
             that
             he
             did
             eat
             but
             there
             was
             some
             poyson
             in
             it
             ;
             for
             these
             poysons
             the
             Countess
             sent
             me
             rewards
             ,
             she
             sent
             me
             gold
             many
             times
             by
             Mrs.
             
               Turner
               .
            
          
           
             She
             afterward
             writ
             unto
             me
             to
             buy
             her
             more
             poysons
             :
             
               I
            
             went
             to
             her
             ,
             and
             told
             her
             ,
             
               I
            
             was
             weary
             of
             it
             :
             
               I
            
             besought
             her
             upon
             my
             knees
             ,
             that
             she
             would
             use
             
             me
             no
             more
             in
             these
             matters
             ;
             but
             she
             importuned
             me
             ,
             bid
             me
             go
             ,
             and
             inticed
             me
             with
             fair
             speeches
             and
             rewards
             ;
             so
             she
             overcame
             me
             ,
             and
             did
             bewitch
             me
             .
          
           
             The
             cause
             of
             this
             poysoning
             was
             ,
             as
             the
             Countess
             told
             me
             ,
             because
             Sir
             
               Thomas
            
             would
             pry
             so
             far
             into
             the
             state
             ,
             as
             he
             would
             put
             them
             down
             :
             he
             did
             also
             say
             ,
             that
             the
             toothless
             Maid
             trusty
             
               Margaret
            
             was
             acquainted
             with
             the
             poyson
             :
             so
             was
             Mrs.
             
             
               Turners
            
             man
             
               Stephen
               ,
            
             so
             also
             Mrs.
             
             
               Horn
               ,
            
             the
             Countesses
             own
             hand
             .
          
           
             He
             saith
             ,
             on
             the
             marriage
             of
             the
             Countess
             with
             
               Somerset
            
             ;
             she
             sent
             him
             twenty
             pound
             by
             Mrs.
             
               Turner
               ,
            
             and
             he
             was
             to
             have
             been
             paid
             by
             the
             Countesse
             two
             hundred
             pound
             
               per
               .
               an.
            
             during
             his
             life
             .
          
           
             That
             he
             was
             urged
             and
             haunted
             two
             hundred
             severall
             times
             at
             the
             least
             by
             the
             Countesse
             to
             do
             it
             against
             his
             conscience
             :
             he
             saith
             ,
             she
             was
             able
             to
             bewitch
             any
             man
             :
             and
             then
             he
             wrought
             the
             love
             between
             
               Rochester
            
             and
             her
             ,
             and
             that
             he
             had
             twelve
             severall
             Letters
             from
             her
             to
             prosecute
             it
             ,
             and
             was
             to
             have
             two
             hundred
             pound
             ,
             to
             continue
             their
             love
             till
             the
             Marriage
             .
          
           
             These
             are
             all
             the
             materials
             in
             
               Franklins
            
             Confession
             ;
             to
             this
             Sir
             
               Iervis
            
             knew
             not
             what
             to
             answer
             ,
             or
             to
             make
             of
             his
             own
             Letters
             .
          
           
             Then
             presently
             the
             Jury
             departed
             from
             the
             Bar
             ,
             and
             presently
             after
             returned
             ,
             and
             found
             him
             guilty
             ,
             and
             the
             Lord
             Chief
             Justice
             gave
             judgement
             ,
             and
             he
             was
             executed
             accordingly
             in
             manner
             following
             .
          
        
         
         
           
             Sir
             
               Jervas
            
             his
             Confession
             .
          
           
             ON
             Munday
             the
             20.
             of
             
               Novem.
            
             1615.
             he
             was
             executed
             upon
             Tower
             hill
             ,
             upon
             a
             Gibbet
             there
             set
             up
             of
             purpose
             about
             six
             of
             the
             clock
             in
             the
             morning
             (
             he
             being
             arraigned
             in
             a
             black
             Suit
             and
             Jerkin
             with
             hanging
             sleeves
             ,
             having
             on
             his
             head
             a
             crimson
             satten
             Cap
             ,
             from
             the
             top
             downwards
             ,
             and
             round
             about
             laced
             ,
             under
             that
             a
             white
             linnen
             Cap
             ,
             with
             a
             border
             ,
             and
             over
             that
             a
             black
             Hat
             with
             a
             broad
             Ribbond
             ,
             and
             a
             ruffe
             Band
             thick
             couched
             with
             a
             lace
             ,
             and
             a
             pair
             of
             skie-coloured
             silk
             stockings
             ,
             and
             a
             pair
             of
             three
             soaled
             shooes
             .
             )
          
           
             He
             came
             on
             foot
             from
             Sheriffe
             
               Goars
            
             house
             to
             the
             Gibbet
             ,
             between
             Dr.
             
               Whiting
               ,
            
             and
             Dr.
             
               Felton
               ,
            
             two
             of
             his
             Majesties
             Chaplains
             ,
             and
             comming
             to
             the
             Ladders
             foot
             ,
             he
             talked
             a
             word
             or
             two
             to
             the
             Executioner
             ;
             then
             he
             went
             up
             the
             Ladder
             four
             or
             five
             steps
             ,
             the
             Executioner
             sitting
             over
             his
             head
             upon
             the
             top
             the
             of
             the
             Gibbet
             ;
             Sir
             
               Iervis
            
             finding
             the
             Ladder
             to
             stand
             too
             upright
             ,
             for
             his
             case
             ,
             spake
             to
             have
             it
             amended
             ;
             which
             forthwith
             he
             comming
             down
             was
             done
             ,
             being
             fastned
             in
             the
             ground
             ,
             and
             then
             he
             went
             up
             again
             six
             steps
             ,
             where
             after
             a
             while
             sitting
             ,
             uttered
             to
             this
             ,
             or
             the
             like
             effect
             .
          
           
             NOble
             ,
             Right
             worshipful
             ,
             and
             others
             :
             I
             am
             here
             come
             as
             well
             to
             shew
             ,
             explain
             ,
             and
             unfold
             that
             which
             passed
             at
             the
             time
             of
             my
             Arraignment
             ,
             to
             so
             many
             of
             you
             as
             were
             present
             ;
             as
             also
             to
             shew
             that
             there
             
               I
            
             perceived
             
               I
            
             had
             lost
             the
             good
             opinion
             of
             many
             in
             standing
             so
             long
             upon
             mine
             innocencie
             ,
             which
             was
             my
             fault
             
               I
            
             confess
             ,
             hoping
             
             now
             to
             recover
             the
             same
             ,
             and
             your
             good
             charitable
             opinions
             of
             me
             ;
             which
             fault
             
               I
            
             then
             saw
             not
             ,
             being
             blinded
             with
             my
             own
             error
             ,
             which
             made
             me
             account
             it
             no
             sin
             .
          
           
             But
             since
             my
             condemnation
             ,
             by
             the
             means
             and
             help
             of
             these
             two
             Gentlemen
             here
             present
             (
             the
             Doctors
             )
             
               I
            
             was
             perswaded
             of
             the
             greatness
             of
             my
             sin
             ,
             and
             that
             it
             was
             so
             much
             the
             greater
             ,
             by
             how
             much
             the
             more
             
               I
            
             did
             conceal
             it
             :
             which
             by
             Gods
             mercy
             
               I
            
             perceiving
             ,
             consulted
             not
             with
             flesh
             and
             blood
             ,
             but
             thought
             it
             in
             this
             my
             condemnation
             the
             best
             way
             for
             my
             souls
             health
             to
             reveal
             to
             the
             Omnipotent
             and
             All-seeing
             God
             ,
             the
             most
             secret
             and
             inward
             intentions
             and
             thoughts
             of
             my
             deceitfull
             heart
             ;
             not
             once
             respecting
             the
             praises
             or
             dispraises
             of
             the
             world
             ,
             which
             
               I
            
             regard
             not
             at
             all
             .
          
           
             It
             may
             not
             be
             some
             will
             say
             ,
             That
             this
             place
             was
             most
             unfit
             for
             my
             execution
             ,
             appointed
             to
             terrifie
             and
             daunt
             me
             so
             much
             the
             more
             ;
             but
             (
             alas
             !
             )
             
               I
            
             fear
             not
             death
             ,
             place
             ,
             nor
             any
             such
             like
             thing
             ;
             for
             
               I
            
             account
             it
             the
             King
             and
             Councels
             speciall
             favour
             ,
             that
             
               I
            
             dye
             here
             ,
             for
             that
             J
             requesting
             the
             same
             it
             was
             granted
             ,
             whereby
             J
             see
             now
             this
             Tower
             ,
             late
             wherein
             J
             should
             have
             been
             called
             to
             State
             business
             ,
             and
             still
             might
             ,
             if
             J
             had
             performed
             a
             more
             loyal
             service
             to
             my
             King
             and
             Country
             then
             J
             did
             .
          
           
             Next
             ,
             in
             that
             J
             was
             not
             appointed
             to
             
               Tyburn
               ,
            
             a
             place
             of
             more
             publique
             reproach
             then
             now
             J
             am
             brought
             to
             ,
             being
             worthy
             to
             die
             by
             due
             and
             lawfull
             Justice
             ,
             in
             prosecuting
             this
             bloody
             enormous
             act
             against
             a
             kind
             Gentleman
             ,
             who
             deserved
             no
             ill
             at
             my
             hands
             ,
             nor
             any
             mans
             else
             ,
             for
             ought
             J
             know
             .
          
           
             But
             were
             it
             J
             had
             not
             trusted
             him
             who
             was
             a
             most
             perfidious
             wretch
             ,
             J
             had
             not
             fallen
             into
             this
             shame
             ,
             which
             may
             warn
             all
             here
             present
             to
             take
             heed
             whom
             they
             
             trust
             in
             a
             bad
             matter
             ;
             and
             to
             admonish
             you
             that
             are
             trusted
             never
             to
             break
             honest
             and
             just
             fidelity
             .
          
           
             I
             was
             by
             divers
             tricks
             drawn
             to
             this
             action
             ,
             which
             I
             received
             from
             the
             Earle
             of
             
               Northampton
               ,
            
             and
             Sir
             
               Thomas
               Monson
               ,
            
             and
             none
             other
             ;
             but
             had
             I
             remembred
             the
             115.
             verse
             of
             the
             119.
             
             Psalm
             ,
             and
             said
             with
             the
             holy
             Prophet
             ,
             
               Away
               from
               me
               ye
               wicked
               ,
               for
               I
               will
               keep
               the
               commandements
               of
               my
               God
            
             :
             Then
             had
             J
             refused
             such
             like
             tricks
             ,
             alas
             !
             now
             too
             late
             ,
             there
             was
             my
             fault
             that
             J
             did
             not
             refuse
             them
             ,
             and
             cast
             my self
             upon
             Gods
             providence
             without
             any
             dependence
             on
             man
             ,
             though
             never
             so
             honourable
             :
             Was
             ever
             any
             deceived
             that
             did
             trust
             in
             God
             ?
             there
             was
             never
             any
             :
             Therefore
             J
             admonish
             you
             all
             ,
             let
             none
             how
             honourable
             soever
             they
             be
             ,
             or
             the
             King
             himself
             ,
             move
             you
             to
             any
             thing
             not
             agreeable
             to
             Gods
             word
             ;
             do
             it
             not
             ,
             reject
             it
             ;
             for
             that
             was
             my
             fault
             ,
             that
             J
             had
             not
             at
             the
             first
             opened
             this
             plot
             to
             his
             Majesty
             ,
             who
             no
             doubt
             would
             most
             justly
             and
             throughly
             have
             punished
             the
             same
             .
          
           
             You
             Noble
             ,
             Worshipful
             ,
             and
             others
             ;
             let
             my
             example
             teach
             you
             thus
             much
             ,
             That
             you
             prophane
             not
             the
             holy
             Sabbaths
             of
             the
             Lord
             ,
             nor
             his
             good
             creatures
             ,
             nor
             that
             you
             turn
             (
             by
             a
             lascivious
             course
             )
             dayes
             into
             nights
             ,
             and
             nights
             into
             dayes
             ,
             as
             J
             have
             done
             ;
             and
             that
             in
             serving
             God
             ,
             you
             must
             not
             only
             read
             the
             Scriptures
             ,
             but
             joyn
             practice
             therewith
             ;
             for
             what
             good
             will
             the
             same
             effect
             ,
             if
             the
             heart
             be
             foul
             ,
             bloody
             ,
             and
             impure
             ?
             some
             here
             knew
             my
             forwardness
             therein
             ,
             but
             J
             pretend
             not
             innocencie
             that
             way
             ,
             but
             cast
             it
             off
             ,
             and
             confess
             that
             of
             this
             great
             Assembly
             
               I
            
             am
             the
             most
             wretched
             sinner
             .
          
           
             You
             expect
             speeches
             from
             me
             of
             some
             concealed
             matters
             ,
             and
             upon
             some
             of
             my
             speeches
             used
             at
             the
             closing
             up
             of
             my
             Arraignment
             ;
             but
             J
             stand
             here
             
               loco
               peccatoris
               ,
               
               non
               oratoris
            
             :
             yet
             J
             will
             shew
             you
             that
             J
             have
             opened
             to
             my
             Lord
             Chrief
             Justice
             since
             my
             Arraignment
             ,
             that
             with
             the
             utmost
             of
             my
             power
             J
             was
             able
             to
             verifie
             ,
             upon
             which
             J
             took
             the
             body
             and
             blood
             of
             Jesus
             Christ
             ,
             and
             in
             further
             testimony
             ,
             J
             will
             now
             seal
             it
             with
             my
             last
             and
             dearest
             breath
             .
          
           
             Nobles
             ,
             and
             others
             ,
             to
             see
             your
             faces
             it
             rejoyceth
             me
             ,
             whereby
             you
             manifest
             your
             loves
             in
             granting
             my
             request
             to
             be
             eye-witnesses
             of
             my
             death
             :
             J
             see
             a
             number
             of
             my
             friends
             here
             ,
             (
             pointing
             as
             he
             spake
             )
             who
             out
             of
             their
             loves
             J
             intreated
             to
             beseech
             God
             to
             strengthen
             me
             in
             death
             ,
             though
             ignominious
             to
             some
             ,
             yet
             to
             me
             a
             bitter
             cup
             mingled
             with
             Gods
             mercies
             ,
             a
             special
             favor
             this
             way
             to
             call
             me
             home
             ;
             whereas
             he
             might
             have
             taken
             away
             my
             life
             by
             shooting
             the
             Bridge
             ,
             or
             some
             fall
             ,
             or
             otherwise
             ;
             and
             then
             this
             unrepented
             sin
             ,
             which
             J
             accounted
             no
             sin
             (
             such
             was
             my
             blindness
             )
             had
             been
             damnation
             to
             me
             ;
             for
             God
             is
             just
             ,
             and
             the
             unrepented
             sinner
             shall
             have
             no
             salvation
             .
          
           
             There
             is
             none
             of
             you
             here
             present
             that
             knoweth
             how
             or
             in
             what
             sort
             he
             shall
             dye
             ,
             it
             may
             be
             in
             his
             bed
             ,
             it
             may
             be
             otherwise
             (
             God
             knows
             )
             J
             protest
             before
             you
             all
             ,
             J
             never
             came
             over
             this
             hill
             in
             the
             chiefest
             of
             all
             my
             prosperity
             with
             more
             joy
             then
             now
             J
             have
             at
             this
             present
             ;
             for
             now
             J
             know
             J
             shall
             behold
             the
             glorious
             face
             and
             sight
             of
             my
             Creator
             .
          
           
             Take
             heed
             ,
             let
             my
             ensample
             incite
             you
             to
             serve
             God
             truly
             and
             uprightly
             ,
             lest
             a
             shameful
             death
             overtake
             you
             ,
             as
             it
             hath
             me
             ,
             who
             am
             unworthy
             of
             my
             Parents
             care
             in
             bringing
             me
             up
             .
          
           
             Jt
             may
             be
             some
             will
             say
             ,
             J
             have
             a
             flinty
             heart
             ,
             because
             J
             shed
             no
             tears
             ;
             my
             heart
             is
             flesh
             as
             others
             be
             ,
             and
             J
             am
             as
             faint-hearted
             to
             look
             death
             in
             the
             face
             as
             any
             others
             because
             my
             use
             hath
             not
             been
             to
             shed
             tears
             ,
             J
             cannot
             
             now
             easily
             ,
             except
             it
             be
             for
             the
             losse
             of
             some
             dear
             freind
             ;
             albeit
             now
             my
             heart
             beginneth
             to
             melt
             within
             me
             being
             wounded
             (
             with
             that
             the
             tears
             stood
             in
             his
             eyes
             )
             to
             see
             the
             faces
             of
             some
             here
             present
             ,
             whom
             J
             most
             earnestly
             love
             ,
             and
             now
             must
             depart
             from
             with
             shame
             ,
             though
             worldly
             regard
             J
             respect
             not
             ,
             for
             well
             Mr.
             
             Sheriffe
             knows
             ,
             that
             (
             to
             shame
             this
             my
             sinful
             flesh
             the
             more
             )
             J
             wisht
             if
             it
             had
             him
             pleased
             ,
             to
             have
             been
             brought
             thorow
             the
             City
             ,
             to
             have
             warned
             all
             the
             spectators
             how
             they
             should
             not
             escape
             without
             Judgement
             for
             blood
             ,
             for
             God
             is
             just
             .
          
           
             J
             had
             almost
             forgotten
             to
             shew
             you
             a
             most
             strange
             thing
             which
             God
             brought
             to
             my
             memory
             the
             last
             night
             ,
             which
             is
             this
             :
             J
             confess
             J
             have
             been
             a
             great
             Gamester
             ,
             and
             have
             played
             and
             wasted
             many
             great
             summes
             of
             money
             which
             exhausted
             a
             great
             part
             of
             my
             means
             ,
             which
             J
             perceiving
             ,
             vowed
             seriously
             ,
             and
             not
             sleightly
             or
             unadvisedly
             ,
             to
             the
             Lord
             in
             my
             vow
             and
             prayers
             ,
             
               Lord
               ,
               let
               me
               be
               hanged
               if
               ever
               I
               play
               any
               more
            
             !
             which
             not
             long
             after
             is
             justly
             come
             upon
             me
             ,
             whereof
             ye
             are
             all
             eye-witnesses
             ,
             for
             a
             thousand
             times
             since
             J
             have
             broke
             this
             my
             vow
             .
          
           
             Then
             he
             espied
             one
             Sir
             
               Maxamilian
               Dalyson
            
             standing
             near
             to
             the
             Gibbet
             on
             horse-back
             ,
             and
             said
             to
             him
             ,
             You
             know
             Sir
             
               Maxamilian
            
             what
             gaming
             we
             have
             had
             ,
             and
             how
             we
             have
             turned
             dayes
             into
             nights
             ,
             and
             nights
             into
             dayes
             :
             J
             pray
             you
             in
             time
             to
             leave
             it
             off
             ,
             and
             dishonor
             God
             no
             more
             in
             breaking
             his
             Sabbath
             ,
             for
             he
             hath
             alwayes
             enough
             to
             punish
             ,
             as
             you
             now
             see
             me
             ,
             who
             little
             thought
             thus
             to
             dye
             .
          
           
             To
             which
             Sir
             
               Maxamilian
            
             answered
             him
             ,
             Sir
             
               Iervas
               ,
            
             J
             am
             much
             gieved
             for
             you
             ,
             and
             shall
             never
             forget
             what
             you
             have
             said
             ;
             whereunto
             he
             said
             ,
             Look
             to
             it
             ,
             do
             then
             .
          
           
           
             Further
             he
             continued
             his
             Speech
             ,
             Let
             no
             man
             boast
             of
             the
             abilities
             and
             gifts
             of
             Nature
             which
             God
             giveth
             him
             ,
             for
             therein
             I
             displeased
             God
             ,
             being
             over-much
             transported
             with
             the
             pride
             of
             my
             Pen
             ,
             which
             obsequious
             Quill
             of
             mine
             procured
             my
             just
             overthrow
             .
             Upon
             the
             knitting
             up
             of
             my
             Lord
             Chief
             Justices
             Speech
             at
             my
             Arraignment
             ,
             by
             reason
             of
             two
             or
             three
             passages
             at
             the
             bottom
             of
             my
             Letter
             ,
             subscribed
             with
             my
             own
             hand
             ,
             which
             I
             utterly
             had
             forgotten
             ,
             because
             I
             felt
             not
             my
             fin
             ,
             (
             which
             
               I
            
             heard
             ;
             )
             
               I
            
             saw
             no
             other
             but
             the
             finger
             of
             God
             would
             thus
             point
             to
             this
             Fact
             :
             By
             this
             means
             ,
             
               I
            
             do
             protest
             before
             God
             ,
             and
             confess
             before
             you
             all
             ,
             that
             
               I
            
             was
             so
             overtaken
             with
             this
             bloody
             Fact
             ,
             that
             for
             satisfaction
             of
             the
             same
             ,
             
               I
            
             willingly
             yeelded
             my
             dearest
             blood
             ,
             to
             the
             shame
             of
             this
             my
             wretched
             Carkass
             ,
             not
             being
             so
             much
             grieved
             for
             the
             same
             ,
             as
             for
             others
             ;
             that
             
               I
            
             wish
             
               I
            
             had
             hang'd
             in
             Chaines
             perpetually
             ,
             so
             that
             
               I
            
             had
             at
             first
             revealed
             this
             hainous
             plot
             .
          
           
             Then
             should
             
               I
            
             have
             saved
             the
             lives
             of
             some
             already
             dead
             ,
             some
             in
             the
             Tower
             ,
             and
             some
             in
             the
             City
             ,
             some
             over
             Seas
             ;
             so
             should
             
               I
            
             have
             prevented
             many
             from
             being
             Widdows
             ,
             some
             from
             being
             fatherless
             ,
             and
             some
             from
             being
             childless
             ,
             among
             whom
             my
             own
             wife
             for
             one
             ,
             and
             eight
             Fatherless
             children
             of
             mine
             ,
             which
             
               I
            
             now
             leave
             behind
             me
             ;
             and
             God
             knows
             how
             many
             are
             guilty
             of
             this
             Fact
             ,
             and
             when
             it
             will
             bee
             ended
             .
          
           
             The
             Lord
             Chief
             Justice
             upon
             closing
             up
             of
             my
             speeches
             at
             my
             Arraignment
             ,
             said
             ,
             
               I
            
             was
             a
             
               Anabaptist
            
             :
             
               I
            
             would
             I
             were
             as
             clear
             from
             all
             other
             sins
             ,
             as
             from
             that
             ,
             for
             
               I
            
             alwayes
             detested
             that
             condition
             .
          
           
             As
             for
             my
             wife
             ,
             some
             said
             she
             is
             a
             
               Papist
            
             ;
             True
             it
             is
             ,
             she
             came
             so
             short
             of
             a
             sincere
             
               Protestant
               .
               I
            
             mean
             
             in
             that
             respect
             ,
             that
             when
             she
             is
             amongst
             
               Papists
               ,
            
             she
             cannot
             well
             forbear
             them
             .
          
           
             Then
             he
             spake
             to
             the
             Sheriff
             ,
             saying
             ,
             If
             it
             may
             be
             permitted
             without
             offence
             ,
             
               I
            
             have
             somewhat
             to
             say
             ,
             and
             that
             is
             this
             ;
             Is
             it
             lawful
             for
             any
             one
             here
             to
             demand
             of
             me
             any
             questions
             ?
             to
             which
             the
             Sheriff
             answered
             ,
             It
             is
             not
             lawfull
             ,
             wherefore
             ,
             good
             Sir
             
               Iervas
               ,
            
             quoth
             he
             ,
             forbear
             .
             Sir
             
               Iervas
            
             said
             thereunto
             ,
             (
             doubling
             his
             words
             )
             it
             is
             enough
             ,
             it
             is
             enough
             ;
             
               I
            
             have
             ,
             quoth
             he
             ,
             one
             that
             holdeth
             my
             cloak
             ,
             may
             
               I
            
             bestow
             somewhat
             on
             him
             ?
             The
             Sheriff
             answered
             ,
             That
             you
             may
             Sir
             ;
             whereupon
             ,
             he
             called
             the
             young
             man
             unto
             him
             by
             his
             name
             ,
             who
             stood
             waiting
             at
             the
             Ladders
             foot
             ,
             and
             gave
             him
             out
             of
             his
             pocket
             some
             pieces
             of
             gold
             or
             silver
             ,
             and
             said
             ,
             Here
             ,
             take
             this
             ,
             spend
             it
             ;
             which
             he
             with
             bitter
             tears
             thankfully
             accepted
             .
          
           
             Doctor
             
               Felton
            
             and
             Doctor
             
               Whiting
            
             strained
             courtesie
             which
             of
             them
             should
             begin
             a
             publike
             Prayer
             for
             this
             parties
             condition
             ;
             one
             of
             them
             willed
             the
             other
             ,
             but
             at
             last
             Doctor
             
               VVhiting
            
             said
             ,
             If
             you
             Sir
             
               Iervas
            
             can
             perform
             it
             your self
             ,
             you
             of
             all
             men
             are
             fittest
             to
             do
             it
             ,
             with
             efficacy
             both
             of
             soul
             and
             spirit
             ;
             whereupon
             he
             said
             ,
             
               I
            
             shall
             do
             my
             best
             then
             ;
             but
             my
             hearers
             ,
             
               I
            
             crave
             your
             charitable
             constructions
             ,
             if
             with
             half
             words
             ,
             and
             imperfect
             speeches
             ,
             
               I
            
             chatter
             like
             a
             Crane
             .
          
           
           
             
               
                 
                   
                     His
                     Prayer
                     .
                  
                   
                     O
                     Eternall
                     ,
                     Omnipotent
                     ,
                     and
                     Omniscient
                     God
                     ,
                     the
                     Creator
                     of
                     Heaven
                     and
                     Earth
                     ,
                     and
                     of
                     me
                     a
                     most
                     miserable
                     and
                     horrible
                     wretch
                     ,
                     by
                     reason
                     of
                     my
                     unmeasurable
                     sinnes
                     and
                     transgressions
                     ,
                     whereof
                     I
                     am
                     wholly
                     guilty
                     ;
                     take
                     pitty
                     of
                     me
                     ,
                     that
                     have
                     so
                     many
                     ponderous
                     sinnes
                     ,
                     that
                     without
                     thy
                     speciall
                     favour
                     and
                     mercy
                     ,
                     they
                     will
                     be
                     ready
                     to
                     press
                     me
                     into
                     perpetuall
                     destruction
                     ;
                     thy
                     full
                     and
                     free
                     pardon
                     in
                     Iesus
                     Christ
                     I
                     humbly
                     crave
                     ,
                     with
                     this
                     assurance
                     ,
                     that
                     immediately
                     my
                     soule
                     shall
                     be
                     translated
                     hence
                     ,
                     into
                     those
                     inestimable
                     joyes
                     which
                     the
                     heart
                     of
                     man
                     is
                     unable
                     to
                     conceive
                     ,
                     the
                     tongue
                     to
                     utter
                     ,
                     the
                     eare
                     to
                     hear
                     :
                     Then
                     Lord
                     hear
                     the
                     petition
                     of
                     me
                     a
                     most
                     miserable
                     wretch
                     ,
                     according
                     to
                     thy
                     promise
                     made
                     unto
                     the
                     repentant
                     sinner
                     :
                     my
                     sinnes
                     yet
                     unknown
                     ,
                     and
                     unrepented
                     of
                     ,
                     which
                     are
                     my
                     secret
                     sinnes
                     ,
                     Lord
                     call
                     not
                     to
                     accompt
                     :
                     disburthen
                     me
                     ,
                     O
                     Lord
                     ,
                     of
                     my
                     unknown
                     sins
                     ,
                     I
                     desire
                     to
                     give
                     a
                     true
                     sigh
                     for
                     them
                     all
                     ,
                     my
                     sins
                     of
                     youth
                     ,
                     and
                     riper
                     
                     years
                     ,
                     O
                     Lord
                     ,
                     pardon
                     ;
                     thou
                     ,
                     O
                     Lord
                     ,
                     knowest
                     how
                     many
                     they
                     are
                     ;
                     let
                     the
                     misty
                     clouds
                     of
                     all
                     my
                     sinnes
                     whatsoever
                     be
                     scattered
                     by
                     the
                     bright
                     beams
                     of
                     thy
                     merits
                     :
                     Be
                     merciful
                     to
                     me
                     in
                     Christ
                     Iesus
                     ,
                     that
                     these
                     weak
                     poor
                     prayers
                     may
                     be
                     available
                     in
                     thy
                     sight
                     ;
                     this
                     comfort
                     yet
                     I
                     have
                     ,
                     that
                     I
                     am
                     thine
                     ;
                     for
                     ,
                     were
                     I
                     not
                     thine
                     ,
                     then
                     out
                     of
                     the
                     roots
                     of
                     me
                     could
                     not
                     the
                     buds
                     of
                     repentance
                     appear
                     ,
                     by
                     which
                     I
                     know
                     thou
                     lovest
                     me
                     ;
                     it
                     is
                     not
                     I
                     ,
                     but
                     thou
                     ,
                     O
                     Lord
                     ,
                     hast
                     drawn
                     me
                     to
                     thee
                     ,
                     for
                     thine
                     own
                     mercies
                     sake
                     ,
                     In
                     which
                     thy
                     mercies
                     and
                     thy
                     promises
                     made
                     to
                     the
                     true
                     repentant
                     sinner
                     ,
                     once
                     again
                     I
                     rely
                     :
                     for
                     if
                     thou
                     killest
                     me
                     by
                     this
                     or
                     any
                     other
                     ignominious
                     death
                     ,
                     yet
                     will
                     I
                     trust
                     in
                     thee
                     .
                     I
                     crave
                     thy
                     assistance
                     ;
                     Protect
                     my
                     soul
                     from
                     that
                     great
                     Adversary
                     of
                     mine
                     ,
                     I
                     mean
                     Satan
                     ,
                     who
                     with
                     pale
                     death
                     and
                     the
                     infirmities
                     of
                     flesh
                     ,
                     do
                     band
                     their
                     balls
                     together
                     ,
                     then
                     especially
                     at
                     the
                     last
                     gasp
                     ;
                     in
                     which
                     great
                     conflict
                     ,
                     Lord
                     strengthen
                     me
                     ,
                     that
                     they
                     may
                     not
                     overcome
                     ,
                     but
                     be
                     overcome
                     .
                  
                   
                     Amen
                     .
                  
                
              
            
          
           
           
             This
             Prayer
             being
             ended
             ,
             he
             asked
             if
             he
             might
             not
             pray
             privately
             :
             The
             Doctors
             answered
             ,
             Yea
             ;
             then
             made
             he
             a
             short
             Prayer
             to
             himself
             with
             his
             face
             covered
             ;
             and
             after
             he
             uncovered
             it
             ,
             and
             said
             ,
             Now
             I
             have
             prayed
             ,
             now
             must
             J
             pay
             ,
             J
             mean
             do
             the
             last
             office
             to
             Justice
             :
             with
             that
             Doctor
             
               VVhiting
            
             said
             ,
             Sir
             
               Iervas
               ,
            
             you
             may
             stand
             one
             step
             lower
             upon
             the
             Ladder
             ;
             to
             whom
             the
             Sheriff
             answered
             ,
             Jt
             is
             better
             for
             him
             Mr.
             
             Doctor
             to
             be
             where
             he
             is
             ;
             Stay
             ,
             quoth
             the
             Doctor
             to
             the
             Executioner
             ,
             for
             he
             hath
             given
             a
             watch-word
             ,
             he
             is
             in
             private
             prayer
             again
             ;
             Yea
             ,
             quoth
             he
             ,
             for
             he
             hath
             given
             me
             a
             watch-word
             when
             J
             shall
             perform
             my
             office
             to
             him
             .
          
           
             He
             uncovered
             his
             face
             after
             his
             second
             short
             prayer
             :
             And
             first
             took
             his
             leave
             of
             all
             the
             assembly
             ,
             saying
             with
             a
             cheerfull
             voyce
             and
             countenance
             ,
             J
             pray
             you
             pray
             for
             me
             ,
             who
             shall
             never
             more
             behold
             your
             faces
             ;
             then
             he
             said
             with
             great
             fervency
             of
             spirit
             ,
             Lord
             I
             desire
             at
             thy
             hands
             this
             bitter
             Cup
             of
             death
             ,
             as
             the
             Patient
             receives
             a
             bitter
             Potion
             ,
             not
             once
             demanding
             what
             is
             in
             the
             Cup
             ,
             but
             takes
             and
             drinks
             it
             off
             ,
             be
             it
             never
             so
             bitter
             .
          
           
             As
             soon
             as
             he
             had
             then
             said
             audibly
             ,
             
               Lord
               Iesus
               receive
               my
               soule
               ,
            
             which
             belike
             was
             the
             Executioners
             watch-word
             ,
             he
             turn'd
             him
             off
             the
             Ladder
             ,
             and
             the
             Executioners
             man
             catching
             at
             one
             of
             his
             feet
             ,
             and
             his
             own
             man
             by
             the
             other
             ,
             they
             suddenly
             weighed
             his
             life
             ;
             where
             hanging
             a
             small
             distance
             of
             time
             ,
             his
             body
             not
             once
             stirred
             ,
             onely
             his
             hands
             moved
             a
             little
             ,
             being
             tyed
             with
             a
             black
             silk
             Ribbon
             ,
             which
             a
             little
             before
             he
             had
             reached
             to
             the
             Executioner
             ,
             putting
             up
             his
             hands
             to
             him
             for
             that
             purpose
             ;
             all
             which
             being
             ended
             ,
             both
             Corps
             high
             Gibbet
             were
             from
             thence
             conveyed
             .
          
        
      
       
       
         
           The
           Proceedings
           against
           
             Iames
             Franckling
          
           at
           his
           Arraignment
           at
           the
           Kings
           Bench
           the
           27.
           of
           November
           ,
           
             An.
             
             Dom.
          
           1615.
           
        
         
           AFter
           he
           had
           put
           himself
           for
           his
           Tryal
           upon
           the
           Country
           ,
           a
           Jury
           of
           Esquires
           and
           Gentlemen
           were
           impannilled
           to
           pass
           upon
           his
           life
           there
           ;
           then
           
             Westons
          
           Indictment
           was
           read
           ,
           and
           
             Francklin
          
           accused
           as
           accessary
           to
           the
           poysoning
           of
           Sir
           
             Thomas
             Overbury
             ,
          
           and
           then
           his
           Examination
           formerly
           taken
           in
           these
           words
           .
        
         
           
             Iames
             Francklins
             Confession
             .
          
           
             HE
             confesseth
             ,
             That
             in
             a
             house
             near
             
               Doctors
               Commons
            
             Mistriss
             
               Turner
            
             did
             first
             come
             unto
             him
             about
             the
             poysoning
             of
             Sir
             
               Thomas
               Overbury
               ,
            
             and
             prayed
             him
             to
             provide
             that
             which
             should
             not
             kill
             a
             man
             presently
             ,
             but
             lie
             in
             his
             body
             a
             certain
             time
             ,
             wherewith
             he
             might
             languish
             away
             by
             little
             and
             little
             ;
             at
             the
             same
             time
             she
             gave
             him
             four
             Angels
             ,
             wherewith
             he
             bought
             a
             water
             called
             
               Aqua
               fortis
               ,
            
             and
             sent
             it
             to
             Mistriss
             
               Turner
               ,
            
             who
             to
             try
             the
             operation
             
             thereof
             ,
             gave
             it
             to
             a
             Cat
             ,
             wherewith
             the
             Cat
             languished
             ,
             crying
             pitifully
             for
             two
             days
             ,
             and
             so
             dyed
             .
          
           
             Afterwards
             Mistriss
             
               Turner
            
             sent
             for
             
               Francklin
            
             to
             come
             to
             the
             Countess
             ,
             who
             told
             him
             that
             
               Aqua
               fortis
            
             was
             too
             violent
             a
             Water
             :
             But
             what
             think
             you
             ,
             quoth
             she
             ,
             of
             White
             
               Arsnick
               ?
            
             He
             told
             her
             ,
             that
             was
             too
             violent
             :
             What
             say
             you
             ,
             quoth
             she
             ,
             to
             Powder
             of
             Diamonds
             ?
             He
             answered
             ,
             I
             know
             not
             the
             Nature
             of
             that
             ;
             She
             said
             then
             ,
             he
             was
             a
             Fool
             ,
             and
             gave
             him
             pieces
             of
             Gold
             ,
             and
             bid
             him
             buy
             some
             of
             that
             Powder
             for
             her
             :
             
               Francklin
            
             demanded
             of
             the
             Countess
             what
             was
             her
             Reason
             to
             poyson
             Sir
             
               Tho.
               Overbury
            
             ;
             she
             told
             him
             ,
             He
             would
             pry
             so
             far
             into
             their
             estate
             ,
             that
             he
             would
             overthrow
             them
             all
             .
          
           
             A
             little
             before
             Sir
             
               Tho.
               Overburies
            
             death
             the
             Countess
             sent
             for
             
               Francklin
               ,
            
             and
             shewed
             him
             a
             Letter
             sent
             from
             the
             Lord
             of
             
               Rochester
               ,
            
             wherein
             he
             read
             these
             words
             ,
             
               I
               marvel
               at
               these
               delays
               ,
               that
               the
               business
               is
               not
               yet
               dispatched
            
             ;
             whereby
             
               Francklin
            
             thinketh
             in
             his
             Conscience
             was
             meant
             the
             poysoning
             of
             Sir
             
               Thomas
               Overbury
               .
            
             And
             in
             another
             Letter
             from
             the
             Lord
             of
             
               Rochester
            
             was
             written
             ,
             That
             Sir
             
               Thomas
            
             was
             to
             come
             out
             of
             the
             Tower
             within
             two
             days
             ,
             and
             they
             all
             should
             be
             undone
             ;
             whereupon
             the
             Countess
             sent
             for
             
               Weston
               ,
            
             and
             was
             very
             angry
             with
             him
             ,
             that
             he
             had
             not
             dispatched
             Sir
             
               Thomas
               Overbury
               ;
               Weston
            
             told
             her
             ,
             that
             he
             had
             given
             him
             a
             thing
             that
             would
             have
             killed
             ten
             men
             .
          
           
             Also
             a
             fortnight
             after
             
               Westons
            
             Apprehension
             ,
             this
             Countess
             sent
             for
             
               Francklin
            
             into
             S.
             
               Iames's
            
             Park
             ,
             where
             he
             ,
             the
             Earl
             ,
             and
             the
             Countess
             walking
             together
             ;
             and
             as
             soon
             as
             he
             came
             ,
             the
             Earl
             went
             apart
             into
             a
             Chamber
             ,
             then
             she
             told
             him
             ,
             
               Weston
            
             hath
             been
             sent
             for
             by
             a
             Pursevant
             ,
             and
             hath
             confessed
             all
             ,
             and
             we
             shall
             be
             hanged
             ;
             but
             on
             your
             life
             ,
             quoth
             she
             ,
             do
             
             not
             you
             confess
             that
             you
             brought
             any
             Poyson
             to
             me
             or
             to
             Mris
             
               Turner
               ,
            
             for
             if
             you
             do
             ,
             you
             shall
             be
             hanged
             ,
             for
             I
             will
             not
             hang
             for
             you
             ;
             nor
             ,
             saith
             Mris
             
               Turner
               ,
            
             will
             I
             hang
             for
             you
             both
             .
          
           
             The
             Countess
             told
             him
             ,
             The
             Lord
             who
             was
             to
             examine
             him
             would
             promise
             him
             a
             pardon
             to
             confess
             ,
             but
             beleeve
             them
             not
             ,
             for
             they
             will
             hang
             thee
             when
             all
             is
             done
             .
          
           
             
               Weston
            
             came
             to
             
               Francklins
            
             House
             ,
             and
             told
             ,
             Now
             the
             Countess
             turn
             is
             served
             ,
             she
             uses
             him
             unkindly
             ,
             and
             they
             should
             both
             be
             poysoned
             ,
             and
             that
             two
             were
             set
             on
             purpose
             to
             poyson
             him
             .
             
               Francklin
            
             having
             confessed
             his
             former
             Examination
             under
             his
             own
             hand
             ,
             being
             permitted
             to
             speak
             for
             himself
             ,
             said
             ,
             That
             at
             the
             intreaty
             of
             the
             Countess
             and
             Mistriss
             
               Turner
               ,
            
             he
             did
             buy
             the
             Poysons
             ,
             but
             protested
             his
             Ignorance
             what
             they
             meant
             to
             do
             with
             them
             ,
             and
             for
             the
             rest
             he
             referred
             to
             the
             Conscience
             of
             the
             Jury
             ,
             who
             went
             from
             the
             Bar
             ,
             and
             within
             a
             quarter
             of
             an
             hour
             did
             return
             and
             pronounce
             him
             guilty
             :
             Then
             Judg
             
               Crook
            
             after
             a
             brief
             Exhortation
             gave
             the
             sentence
             of
             death
             upon
             him
             .
             The
             Lord
             Chief
             Justice
             made
             a
             short
             Exhortation
             also
             with
             addition
             of
             these
             words
             ,
             that
             knowing
             as
             much
             as
             he
             knew
             ,
             if
             this
             had
             not
             been
             found
             out
             ,
             neither
             Court
             ,
             City
             ,
             nor
             any
             particular
             Families
             had
             escaped
             the
             malice
             of
             this
             wicked
             cruelty
             .
          
        
      
       
       
         
           The
           Proceedings
           against
           Sir
           
             Tho.
             Monson
             ,
          
           at
           the
           Guild-hall
           
             London
             ,
          
           Decemb.
           4.
           1615.
           
        
         
           WHen
           he
           came
           to
           the
           Bar
           ,
           he
           made
           a
           Motion
           to
           the
           Lord
           Chief
           
             Iustice
             ,
          
           That
           whereas
           he
           had
           written
           to
           his
           Lordship
           to
           ask
           the
           Lord
           Treasurer
           two
           Questions
           ,
           which
           my
           Lord
           would
           do
           ;
           He
           desired
           then
           an
           Answer
           ,
           and
           that
           Sir
           
             Robert
             Cotton
          
           might
           be
           present
           ;
           the
           Question
           read
           ,
           he
           was
           indicted
           for
           Conspiracy
           with
           
             Weston
          
           for
           poysoning
           Sir
           
             Tho.
             Overbury
             ,
          
           to
           which
           he
           pleaded
           not
           guilty
           ;
           He
           would
           be
           tryed
           by
           God
           and
           his
           Country
           :
           The
           Lord
           Chief
           Iustice
           broke
           up
           the
           Proceedings
           ,
           and
           made
           a
           Speech
           to
           this
           effect
           .
        
         
           That
           he
           saw
           a
           great
           Assembly
           ,
           though
           it
           had
           been
           shewed
           them
           often
           ,
           that
           the
           City
           was
           much
           bound
           to
           
             God
          
           and
           his
           
             Deputy
          
           here
           on
           Earth
           ,
           the
           King
           his
           Master
           ,
           for
           their
           great
           deliverance
           and
           exact
           Iustice
           ,
           for
           God
           was
           always
           good
           and
           just
           ;
           and
           for
           the
           King
           ,
           though
           they
           were
           never
           so
           high
           in
           place
           ,
           nor
           so
           dear
           to
           him
           ,
           though
           his
           own
           Creatures
           ,
           yet
           his
           Justice
           is
           dearer
           to
           him
           ,
           for
           which
           we
           are
           upon
           our
           knees
           to
           give
           him
           hearty
           thanks
           ,
           as
           also
           for
           so
           milde
           Proceedings
           in
           so
           great
           an
           Affair
           :
           For
           neither
           the
           great
           mans
           House
           in
           the
           Tower
           ,
           nor
           this
           Poysoners
           House
           to
           my
           knowledg
           ,
           hath
           been
           searched
           ,
           neither
           hath
           this
           Prisoner
           been
           committed
           to
           the
           Sheriff
           ,
           but
           to
           an
           Alderman
           ,
           a
           man
           who
           of
           all
           others
           might
           be
           most
           kind
           to
           him
           ;
           whereas
           I
           take
           it
           ,
           lest
           I
           should
           be
           
           mistaken
           ,
           Sir
           
             Francis
             Anderson
          
           married
           Sir
           
             Stephen
             Somes
          
           daughter
           ,
           and
           Sir
           
             Thomas
             Monson
          
           married
           Sir
           
             Francis
             Andersons
          
           Sister
           ;
           I
           never
           knew
           the
           like
           favour
           ,
           nor
           do
           I
           like
           it
           so
           well
           ,
           but
           do
           declare
           it
           as
           a
           gentle
           Proceeding
           from
           the
           King
           .
           For
           other
           things
           ,
           I
           do
           not
           discover
           secrets
           ;
           but
           though
           there
           were
           no
           House
           searched
           ,
           yet
           such
           Letters
           were
           produced
           ,
           which
           makes
           our
           deliverance
           as
           great
           as
           any
           that
           happened
           to
           the
           Children
           of
           
             Israel
             .
          
        
         
           For
           
             VVeston
          
           and
           Mistriss
           
             Turner
          
           dyed
           penitently
           ,
           as
           it
           is
           worthy
           to
           be
           written
           in
           letters
           of
           Gold
           ;
           and
           for
           the
           Lievtenant
           ,
           though
           with
           great
           Imprecations
           and
           with
           high
           hand
           he
           denyed
           it
           ,
           yet
           to
           the
           great
           Glory
           of
           the
           Kings
           Justice
           he
           dyed
           most
           penitently
           and
           resolutely
           :
           This
           is
           spoken
           to
           the
           great
           Praise
           of
           God
           ,
           that
           hath
           crowned
           these
           just
           Proceedings
           ,
           
             Iustitia
             confirmata
             non
             est
             Authoritate
             ,
          
           though
           not
           having
           Reason
           for
           it
           ,
           wherein
           we
           may
           see
           the
           great
           Hand
           of
           God
           .
           For
           that
           morning
           the
           Lievtenant
           was
           Arraigned
           came
           to
           me
           as
           one
           afflicted
           in
           Conscience
           ,
           not
           knowing
           of
           his
           Arraignment
           ,
           one
           with
           Evidence
           against
           him
           ,
           which
           he
           delivered
           to
           the
           Iury
           ,
           one
           of
           them
           heard
           him
           say
           (
           
             the
             Lord
             have
             mercy
             upon
             me
             ,
          
           )
           and
           for
           this
           present
           (
           
             non
             est
             constantia
             longa
             de
             vita
             hominis
          
           )
           therefore
           he
           must
           be
           conveyed
           to
           the
           Tower
           as
           a
           safer
           place
           ,
           till
           further
           order
           be
           taken
           .
        
         
           Then
           he
           addressed
           his
           Speech
           to
           Sir
           
             Thomas
             Monson
             ,
          
           saying
           ,
           Whereas
           you
           name
           my
           Lord
           Treasurer
           ,
           every
           mans
           fame
           is
           dear
           unto
           him
           ,
           and
           he
           hath
           been
           dear
           and
           Honorable
           ;
           you
           shall
           hear
           what
           he
           hath
           answered
           to
           my
           Letter
           .
        
         
           After
           my
           hearty
           Commendations
           ,
           I
           hear
           that
           Sir
           
             Thomas
             Monson
          
           that
           I
           can
           clear
           him
           ,
           but
           I
           hear
           nothing
           of
           him
           to
           accuse
           him
           ,
           but
           I
           hope
           he
           is
           not
           guilty
           of
           so
           great
           a
           crime
           .
        
         
         
           You
           hear
           ,
           quoth
           he
           ,
           that
           he
           will
           neither
           accuse
           nor
           excuse
           you
           .
        
         
           
             Monson
             .
          
           
             I
             do
             not
             accuse
             the
             Lord
             Treasurer
             nor
             calumniate
             him
             ,
             for
             I
             know
             he
             is
             very
             Honorable
             ,
             but
             I
             desire
             to
             have
             Answer
             to
             my
             two
             Questions
             .
          
        
         
           
             Lord
             chief
             Iustice.
             
          
           
             You
             shall
             hear
             more
             of
             that
             when
             time
             shall
             serve
             ;
             do
             you
             as
             a
             Christian
             ,
             and
             as
             
               Ioshuah
            
             bid
             
               Acan
               ,
               My
               son
               ,
               acknowledg
               thy
               sin
               ,
               and
               give
               glory
               to
               God
               .
            
          
        
         
           
             Monson
             .
          
           
             If
             I
             be
             guilty
             ,
             I
             renounce
             the
             Kings
             mercy
             and
             Gods
             ;
             I
             am
             Innocent
             .
          
        
         
           
             Lo.
             Ch.
             Iustice
             .
          
           
             There
             is
             more
             against
             you
             then
             you
             know
             of
             .
          
        
         
           
             Monson
             .
          
           
             If
             I
             be
             guilty
             ,
             it
             is
             of
             that
             I
             know
             not
             ,
          
        
         
           
             Lo.
             Ch.
             Iust.
             
          
           
             You
             are
             Popish
             ,
             that
             Pulpit
             was
             the
             Pulpit
             wherein
             
               Garnet
            
             denyed
             ,
             and
             the
             Lievtenant
             as
             friendly
             ;
             I
             am
             not
             superstitious
             ,
             but
             we
             will
             have
             another
             Pulpit
             ▪
          
        
         
           
             Iust.
             Doddridge
             .
          
           
             It
             is
             an
             Atheists
             words
             to
             renounce
             Gods
             Mercy
             ;
             but
             you
             must
             think
             the
             change
             of
             your
             Lodging
             means
             somewhat
             .
          
        
         
           
             Hide
             .
          
           
             I
             have
             looked
             into
             this
             business
             ,
             and
             I
             protest
             ,
             my
             Lord
             ,
             he
             is
             as
             guilty
             as
             the
             guiltiest
             man
             .
          
        
         
           
             Monson
             .
          
           
             There
             was
             never
             man
             more
             innocent
             in
             this
             cause
             ;
             I
             will
             live
             and
             dye
             an
             Innocent
             .
          
        
         
           After
           this
           Speech
           ,
           certain
           Yeomen
           of
           his
           Majesties
           Guard
           ,
           attending
           for
           that
           purpose
           ,
           conducted
           him
           to
           the
           Tower
           ,
           where
           between
           the
           Yeomen
           and
           the
           Warders
           there
           was
           some
           Contention
           about
           his
           Entertainment
           .
        
      
       
       
         
           A
           Relation
           of
           the
           Arraignment
           of
           the
           Lord
           and
           Lady
           of
           Somerset
           ,
           on
           Friday
           ,
           May
           24.
           1616.
           
        
         
           
             The
             Names
             of
             the
             Peers
             .
          
           
             THe
             Earl
             of
             
               Worcester
               ,
            
             L.
             P.
             
               Seal
               .
            
          
           
             The
             Earl
             of
             
               Pembrook
               ,
            
             L.
             
               Chamberlain
               .
            
          
           
             The
             Earl
             of
             
               Rutland
               .
            
          
           
             The
             Earl
             of
             
               Sussex
               .
            
          
           
             The
             Earl
             of
             
               Mountgomery
               .
            
          
           
             The
             Earl
             of
             
               Hartford
               .
            
          
           
             The
             Viscount
             
               Lifle
               .
            
          
           
             The
             Lord
             
               Zouch
               ,
            
             Warden
             of
             the
             Cinque Ports
             .
          
           
             The
             Lord
             
               Willoughby
            
             of
             
               Frisby
               .
            
          
           
             The
             Lord
             
               de
               Laware
               .
            
          
           
             The
             Lord
             
               Dacres
               .
            
          
           
             The
             Lord
             
               Mountegle
               .
            
          
           
             The
             Lord
             
               Wentworth
               .
            
          
           
             The
             Lord
             
               Rich.
               
            
          
           
             The
             Lord
             
               Willoughby
            
             of
             
               Parham
               .
            
          
           
             The
             Lord
             
               Hunsdon
               .
            
          
           
             The
             Lord
             
               Russel
               .
            
          
           
             The
             Lord
             
               Compton
               .
            
          
           
           
             The
             Lord
             
               Norris
               .
            
          
           
             The
             Lord
             
               Gerard
               .
            
          
           
             The
             Lord
             
               Cavendish
               .
            
          
           
             The
             Lord
             
               Dormer
               .
            
          
           
             The
             Lord
             
               Elsmore
               ,
            
             Lord
             
               Chaniels
               ,
            
             and
             Lord
             
               Steward
               ,
               hac
               vice
               .
            
          
           
             His
             Assistants
             there
             present
             in
             the
             Commission
             .
          
           
             Sir
             
               Edward
               Cook
               ,
            
             Lord
             Chief
             Justice
             of
             
               England
               .
            
          
           
             Sir
             
               Hen.
               Hobart
               ,
            
             L.
             Chief
             Justice
             of
             the
             Com.
             Banc.
             
          
           
             Sir
             
               Law
               .
               Tanfield
               ,
            
             Ch.
             Baron
             .
          
           
             Judg
             
               Crook
               ,
            
             Banco
             Rege
             .
          
           
             Judg
             
               Nichol
               ,
            
             Com.
             
             Banc.
             
          
           
             Sir
             
               Fran.
               Bacon
               ,
            
             Attor.
             General
             .
             These
             three
             only
             spake
             .
          
           
             Sergeant
             
               Mountague
               .
            
             —
             These
             three
             only
             spake
             .
          
           
             Sergeant
             
               Crew
               .
            
             —
             These
             three
             only
             spake
             .
          
           
             Sir
             
               Hen.
               Yelverton
               ,
            
             Solic
             .
             Rege
             .
          
           
             Sir
             
               Fran.
               More
               ,
            
             Servien
             .
             Rege
             .
          
           
             Sir
             
               Lawr.
               Hide
               ,
            
             attor.
             .
             Reginae
             .
          
           
             
               Mosley
               ,
            
             Attornat
             .
             Ducat.
          
           
             Sir
             
               Io.
               Davis
               ,
            
             Servien
             .
             Rege
             .
          
           
             Mr
             
               Walter
               ,
            
             the
             Princes
             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
             Pattent
             ,
             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
             Iudges
             ,
             at
             the
             further
             end
             of
             the
             Kings
             Councel
             below
             the
             Iudges
             ,
             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
             Kings
             Councel
             the
             Lievtenant
             of
             the
             Tower
             in
             a
             little
             space
             adjoyning
             to
             the
             Bar.
             
          
           
             All
             being
             silent
             ,
             Sir
             
               Geo.
               Coppin
            
             arises
             ,
             delivers
             the
             Pattent
             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
             Stewards
             name
             to
             keep
             silence
             ;
             then
             Mr
             
               Fanshaw
               ,
            
             (
             which
             bears
             date
             
               May
            
             10.
             )
             Then
             there
             is
             another
             O
             
               Yes
            
             to
             certifie
             my
             L.
             
               Steward
               ,
            
             whether
             
               Weston
            
             were
             commited
             as
             principal
             for
             the
             murther
             of
             Sir
             
               Tho.
               Overbury
            
             :
             Then
             the
             Lord
             Chief
             Iustice
             delivers
             a
             Schedule
             indorsed
             with
             Certificates
             of
             four
             Iudges
             of
             the
             Kings
             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
             ,
             indorsed
             with
             Certificate
             of
             my
             Lady
             of
             
               Somersets
            
             Indictment
             ,
             which
             
             Mr
             
               Fanshaw
            
             as
             before
             reads
             .
             A
             fourth
             
               O
               Yes
            
             for
             
               Walter
               Lee
            
             Serjeant
             at
             Arms
             to
             return
             the
             Precept
             for
             the
             Peers
             of
             
               Frances
            
             Countess
             of
             
               Somerset
               ,
            
             which
             accordingly
             he
             ,
             after
             his
             three
             Reverences
             to
             the
             Lord
             High
             Steward
             ,
             delivered
             to
             Mr
             
               Fanshaw
               ,
            
             he
             reads
             the
             Indorsement
             .
             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
             Lievtenant
             of
             the
             Tower
             to
             return
             his
             Precept
             ,
             and
             bring
             his
             Prisoner
             to
             the
             Bar
             ,
             which
             he
             did
             ,
             and
             gave
             his
             Precept
             to
             the
             Serjeant
             ,
             who
             gave
             it
             to
             Mr
             
               Fanshaw
               ,
            
             and
             he
             as
             afore
             read
             the
             Indorsement
             .
             The
             Prisoner
             made
             three
             Reverences
             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
             Lievtenant
             told
             her
             she
             might
             hold
             it
             down
             ;
             and
             then
             reads
             the
             Indictment
             ,
             containing
             
               Westons
            
             Actions
             ,
             in
             the
             poysoning
             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
             Murther
             ,
             or
             not
             guilty
             ?
          
           
           
             She
             making
             an
             obeysance
             to
             the
             Lord
             High
             
               Steward
               ,
            
             answered
             ,
             
               Guilty
               ,
            
             and
             with
             a
             low
             voyce
             ,
             but
             wonderful
             fearful
             .
          
           
             My
             Lady
             upon
             the
             Arraignment
             having
             pleaded
             Guilty
             ,
             the
             Proceedings
             after
             was
             thus
             :
          
           
             
               Attourney
               .
            
             May
             it
             please
             your
             Grace
             ,
             my
             Lord
             High
             Steward
             of
             
               England
               ,
            
             I
             am
             glad
             to
             hear
             the
             Ladies
             so
             free
             Acknowledgment
             ,
             for
             Confession
             is
             noble
             :
             Those
             that
             have
             been
             formerly
             indicted
             at
             their
             Arraignments
             persisted
             in
             denyal
             ,
             as
             
               Weston
               ,
               Turner
               ,
               Francklin
               ,
               Elvish
            
             ;
             but
             you
             see
             this
             Ladies
             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
             ,
             Honorable
             .
          
           
             But
             this
             and
             to
             morrow
             day
             is
             to
             crown
             Justice
             ;
             the
             Mercy
             seat
             is
             the
             inward
             part
             of
             the
             Temple
             ,
             the
             Throne
             publique
             ;
             and
             therefore
             I
             do
             now
             only
             pray
             a
             Record
             of
             the
             Confession
             and
             Judgment
             ;
             but
             since
             the
             Peers
             be
             met
             together
             ,
             for
             Honours
             sake
             it
             is
             good
             to
             declare
             the
             Kings
             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
             spilt
             since
             His
             Majesties
             Raign
             .
          
           
             The
             first
             was
             Revenge
             of
             Treason
             against
             Male-contents
             ,
             and
             this
             of
             the
             particular
             offence
             to
             a
             private
             Subject
             against
             those
             that
             have
             been
             so
             high
             in
             the
             Kings
             grace
             and
             favour
             ,
             and
             therefore
             deserves
             to
             be
             written
             in
             a
             Sun-beam
             ;
             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
             Lievtenant
             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
             Theater
             of
             Gods
             Iustice
             ;
             you
             shall
             understand
             that
             which
             hath
             been
             worthily
             acted
             by
             the
             King
             in
             this
             whole
             Work
             of
             Iustice
             ,
             and
             right
             well
             by
             his
             Ministers
             .
             
               Overbury
            
             dyed
             poysoned
             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
             dyed
             of
             a
             foul
             disease
             ,
             so
             foul
             a
             one
             ,
             as
             is
             unfit
             for
             me
             to
             name
             ;
             but
             for
             two
             years
             after
             this
             ,
             though
             
               Overburies
            
             blood
             cryed
             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
             dazled
             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
             Murthers
             are
             strange
             in
             their
             discovery
             ,
             so
             this
             was
             miraculous
             ,
             for
             it
             came
             out
             in
             a
             
               Complement
               ,
            
             thus
             :
             My
             Lord
             of
             
               Shrewsbury
            
             who
             is
             now
             with
             God
             ,
             commended
             Sir
             
               Gervise
               Elvis
            
             to
             a
             Councellor
             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
             Councellor
             added
             ,
             that
             he
             took
             it
             for
             a
             favour
             from
             him
             ,
             but
             withall
             added
             ,
             there
             lies
             a
             kind
             of
             heavy
             Imputation
             on
             him
             about
             
               Overburies
            
             Death
             ,
             I
             could
             wish
             he
             could
             clear
             himself
             ,
             or
             give
             some
             satisfaction
             in
             the
             point
             :
             This
             my
             Lord
             related
             back
             ,
             and
             presently
             
               Elvis
            
             was
             struck
             with
             it
             ,
             and
             made
             a
             kind
             of
             discovery
             ,
             that
             some
             attempts
             were
             undertaken
             against
             
               Overbury
               ,
            
             but
             took
             no
             effect
             as
             checkt
             by
             him
             .
          
           
             This
             Councellor
             weighing
             well
             the
             Narration
             from
             
               Elvis
               ,
            
             acquainted
             the
             King
             with
             the
             
               Overture
               ,
            
             who
             commanded
             presently
             that
             
               Elvis
            
             should
             set
             down
             his
             knowledg
             in
             writing
             ,
             which
             accordingly
             he
             did
             ,
             but
             always
             reserving
             himself
             ,
             still
             endeavoring
             rather
             to
             discover
             others
             ,
             then
             any
             else
             should
             undertake
             that
             Office
             ,
             and
             so
             accuse
             him
             .
          
           
             The
             King
             still
             endeavors
             to
             search
             the
             truth
             of
             this
             business
             ,
             gives
             Direction
             for
             the
             Examination
             of
             the
             Truth
             of
             it
             ,
             commits
             it
             to
             certain
             Councellors
             ;
             they
             pick
             something
             out
             of
             him
             and
             
               Weston
            
             ;
             then
             the
             further
             Enquiry
             is
             delivered
             over
             to
             my
             Lord
             
               Cook
               ,
            
             who
             in
             this
             Cause
             was
             very
             painful
             ,
             took
             two
             and
             three
             hundred
             Examinations
             ;
             but
             when
             he
             found
             it
             might
             touch
             upon
             greater
             persons
             ,
             then
             he
             desired
             some
             others
             might
             be
             joyned
             with
             him
             ,
             which
             was
             accordingly
             granted
             ,
             namely
             ,
             the
             Lord
             
               Chancellor
               ,
            
             Lord
             
               Steward
               ,
            
             and
             the
             Lord
             
               Zouch
            
             ;
             but
             then
             there
             were
             no
             practices
             left
             untryed
             for
             the
             suppressing
             of
             the
             Discovery
             :
             
               Weston
            
             was
             solicited
             to
             stand
             mute
             ,
             but
             at
             last
             this
             dumb
             Devil
             was
             cast
             out
             ,
             then
             followed
             
               Elvis
               ,
               Turner
               ,
               Francklin
            
             ;
             all
             which
             were
             Actors
             in
             this
             Tragedy
             without
             Malice
             ,
             but
             no
             Authors
             .
             Now
             when
             this
             Lady
             comes
             to
             her
             part
             ,
             she
             meets
             Justice
             in
             the
             way
             by
             Confession
             ,
             which
             is
             either
             the
             Corner
             stone
             of
             Mercy
             or
             Judgment
             ;
             yet
             it
             is
             said
             ,
             
             
               Mercy
               and
               Truth
               are
               met
               together
            
             :
             Truth
             you
             have
             in
             her
             Confession
             ,
             and
             that
             may
             be
             a
             degree
             to
             Mercy
             ;
             with
             me
             it
             must
             be
             ,
             and
             to
             him
             in
             whose
             Power
             it
             resides
             ,
             in
             the
             mean
             time
             this
             day
             must
             be
             reserved
             for
             Judgment
             .
          
           
             Now
             to
             conclude
             ,
             and
             give
             you
             Accompt
             of
             the
             often
             Procrastinations
             in
             this
             business
             ;
             the
             first
             was
             due
             to
             Humanity
             ,
             her
             Child-birth
             ,
             the
             second
             was
             for
             reason
             of
             state
             ,
             and
             the
             last
             had
             a
             grave
             and
             weighty
             Cause
             .
          
           
             These
             Directions
             the
             King
             at
             first
             gave
             ,
             written
             with
             his
             own
             Hand
             for
             the
             Examination
             of
             this
             business
             ,
             I
             desire
             may
             be
             read
             .
          
        
         
           
             The
             Kings
             Instructions
             .
          
           
             THere
             be
             two
             contrary
             things
             in
             this
             Cause
             to
             be
             tryed
             ,
             and
             the
             verity
             can
             be
             but
             in
             one
             of
             them
             .
             First
             ,
             whether
             my
             Lord
             of
             
               Somerset
            
             and
             my
             Lady
             were
             the
             Procurers
             of
             
               Overbury's
            
             death
             ,
             or
             that
             this
             Imputation
             hath
             by
             some
             practice
             cast
             an
             aspersion
             upon
             them
             ;
             I
             would
             have
             you
             diligently
             inquire
             of
             the
             first
             ,
             and
             if
             you
             find
             him
             clear
             ,
             then
             I
             would
             have
             you
             as
             carefully
             look
             after
             the
             other
             ,
             to
             the
             intent
             such
             practices
             may
             be
             discovered
             ,
             and
             not
             suffered
             to
             pass
             without
             punishing
             .
          
           
             
               Attourney
               .
            
             There
             be
             other
             Directions
             in
             these
             Instructions
             by
             way
             of
             Interrogatories
             ,
             that
             are
             not
             now
             necessary
             to
             be
             read
             ;
             let
             the
             
               Lords
               ,
            
             the
             Peers
             ,
             view
             these
             Directions
             from
             the
             King
             .
          
           
             None
             of
             these
             Interrogatories
             ,
             which
             the
             King
             desired
             there
             should
             be
             examination
             upon
             ,
             came
             away
             empty
             ;
             and
             whatsoever
             whispering
             there
             be
             abroad
             of
             the
             death
             of
             
               Weston
               ,
            
             they
             all
             before
             the
             hour
             of
             their
             death
             confessed
             the
             fact
             ,
             and
             dyed
             penitent
             ;
             and
             if
             need
             should
             require
             ,
             I
             have
             brought
             their
             
             
               Confessor
            
             along
             ,
             namely
             Doctor
             
               Whiting
               .
            
          
           
             
               Lord
               Steward
               .
            
             My
             Lords
             ,
             you
             have
             seen
             and
             have
             heard
             these
             Directions
             under
             the
             Kings
             Hand
             ,
             with
             Glory
             to
             God
             ,
             and
             Honor
             to
             the
             King
             .
          
           
             
               Attourney
               .
            
             May
             it
             please
             your
             Grace
             ,
             whereas
             
               Frances
            
             Countess
             of
             
               Somerset
               ,
            
             as
             accessary
             before
             the
             fact
             of
             the
             wilful
             poysoning
             and
             murther
             of
             Sir
             
               Tho.
               Overbury
               ,
            
             upon
             her
             Indictment
             she
             hath
             been
             Arraigned
             ,
             then
             upon
             her
             Arraignment
             she
             hath
             confessed
             Guilty
             ,
             I
             desire
             that
             her
             Confession
             may
             be
             recorded
             ,
             and
             Judgment
             upon
             the
             Prisoner
             .
          
           
             
               Fanshaw
               .
               Frances
            
             Countess
             of
             
               Somerset
               ,
            
             thou
             hast
             been
             Indicted
             ,
             Arraigned
             ,
             and
             pleaded
             Guilty
             ,
             as
             accessary
             before
             the
             Fact
             of
             the
             wilful
             poysoning
             and
             Murther
             of
             Sir
             
               Tho.
               Overbury
            
             ;
             what
             canst
             thou
             say
             for
             thy self
             ,
             why
             Judgment
             of
             death
             should
             not
             be
             pronounced
             against
             thee
             ?
          
           
             
               Countess
               .
            
             I
             can
             much
             aggravate
             ,
             but
             nothing
             extenuate
             my
             fault
             ;
             I
             desire
             Mercy
             ,
             and
             that
             the
             Lords
             would
             be
             pleased
             to
             intreat
             for
             me
             to
             the
             King
             :
             This
             she
             spake
             humbly
             ,
             fearfully
             ,
             and
             so
             low
             ,
             that
             the
             Lord
             Steward
             could
             not
             hear
             it
             ,
             but
             the
             Attourney
             related
             it
             .
          
           
             
               Attourney
               .
            
             The
             Lady
             is
             so
             touched
             with
             remorse
             and
             sense
             of
             her
             fault
             ,
             that
             grief
             surprizes
             her
             from
             expressing
             of
             her self
             ,
             but
             that
             which
             she
             hath
             confusedly
             said
             is
             to
             this
             effect
             ,
             That
             she
             cannot
             excuse
             her self
             ,
             but
             desires
             mercy
             .
          
           
             Sir
             
               R.
               Connisby
            
             sitting
             before
             the
             Lord
             High
             Steward
             ▪
             rises
             ,
             and
             upon
             his
             knees
             delivers
             him
             the
             white
             staff
             .
          
           
             
               Lord
               Steward
               .
               Frances
            
             Countess
             of
             
               Somerset
               ,
            
             whereas
             thou
             hast
             been
             indicted
             ,
             Arraigned
             ,
             and
             pleaded
             Guilty
             ,
             and
             confessed
             that
             thou
             hast
             nothing
             to
             say
             for
             thy self
             ,
             it
             is
             now
             my
             part
             to
             pronounce
             Judgment
             ,
             only
             thus
             much
             before
             ;
             since
             my
             Lords
             have
             
             heard
             with
             what
             Humility
             and
             grief
             you
             have
             confessed
             the
             Fact
             ,
             I
             do
             not
             doubt
             but
             they
             will
             signifie
             so
             much
             to
             the
             Kings
             Majesty
             ,
             and
             mediate
             for
             his
             Grace
             towards
             you
             ,
             but
             in
             the
             mean
             time
             ,
             according
             to
             the
             Law
             ,
             the
             sentence
             of
             death
             must
             be
             thus
             :
          
           
             
               Thou
               must
               go
               to
               the
               Tower
               of
            
             London
             
               from
               hence
               ,
               and
               from
               thence
               to
               the
               place
               of
               Execution
               ,
               where
               you
               are
               to
               be
               hanged
               by
               the
               Neck
               till
               you
               be
               dead
               ,
            
             and
             
               Lord
               have
               Mercy
               upon
               your
               Soul
               .
            
          
        
      
       
       
         
           The
           Arraignment
           of
           the
           Lord
           of
           
             Somerset
             ,
          
           May
           
             25.
             1616.
          
           being
           Saturday
           .
        
         
           ANd
           first
           ,
           what
           was
           done
           before
           the
           Pleading
           .
           
             Sergt
             .
             Cryer
             .
             O
             Yes
             ,
          
           My
           Lord
           High
           Steward
           of
           
             England
          
           purposes
           to
           proceed
           this
           day
           to
           the
           Arraignment
           of
           
             Robert
          
           Earl
           of
           
             Somerset
             .
          
        
         
           
             O
             Yes
             ,
          
           Whosoever
           have
           any
           Indictments
           touching
           this
           Cause
           ,
           presently
           give
           them
           in
           ▪
        
         
           The
           Lord
           
             Cook
          
           delivers
           the
           Indictment
           of
           my
           Lord
           of
           
             Somerset
          
           to
           Mr
           
             Fanshaw
          
           endorsed
           .
        
         
           
             Walter
             Les
          
           Sergeant
           at
           Arms
           ,
           return
           the
           
             Precipe
             ,
          
           for
           the
           Lords
           which
           thou
           hast
           warned
           to
           be
           here
           this
           day
           .
        
         
           
             O
             Yes
             ,
          
           He
           calls
           every
           Lord
           by
           his
           name
           ,
           and
           they
           stand
           up
           as
           they
           be
           called
           .
        
         
           The
           Lord
           Steward
           excuses
           the
           Lord
           
             Mountegle
          
           and
           
             Russel
          
           of
           their
           absence
           in
           respect
           of
           their
           sickness
           .
        
         
           
             Fanshaw
             .
             Robert
          
           Earl
           of
           
             Somerset
             ,
          
           hold
           up
           thy
           hand
           ;
           He
           held
           it
           up
           so
           long
           ,
           till
           Mr
           Lievtenant
           bid
           him
           hold
           it
           down
           .
           The
           Indictment
           is
           read
           ,
           containing
           
             VVestons
          
           Actions
           in
           the
           poysoning
           of
           Sir
           
             Tho.
             Overbury
             ,
          
           and
           his
           abetting
           of
           him
           the
           8.
           of
           
             May
             ,
          
           1613.
           
        
         
         
           The
           Lord
           
             Somerset
          
           was
           apparelled
           in
           a
           plain
           Sattin
           Sute
           ,
           laced
           with
           two
           Sattin
           laces
           in
           a
           seam
           ,
           a
           Gown
           of
           uncut
           Velvit
           ,
           all
           the
           sleeves
           laid
           with
           a
           Sattin
           lace
           ,
           a
           pair
           of
           Gloves
           with
           Sattin
           tops
           ,
           his
           George
           about
           his
           Neck
           ,
           his
           Hair
           curl'd
           ,
           his
           Visage
           pale
           ,
           his
           Beard
           long
           ,
           his
           Eyes
           sank
           in
           his
           Head
           ,
           whilest
           his
           Indictment
           was
           reading
           he
           three
           or
           four
           times
           whispered
           to
           the
           Lievtenant
           .
        
         
           
             Fanshaw
             .
             Robert
          
           Earl
           of
           
             Somerset
             ,
          
           what
           saist
           thou
           ?
           art
           thou
           guilty
           of
           this
           Felony
           and
           Murder
           whereof
           thou
           standest
           indicted
           ,
           or
           not
           ?
        
         
           
             Somerset
          
           making
           obeysance
           to
           the
           Lord
           Steward
           ,
           answered
           ,
           Not
           guilty
           .
        
         
           
             Fanshaw
             .
          
           How
           wilt
           thou
           be
           tryed
           ?
        
         
           By
           God
           and
           the
           Country
           ;
           but
           presently
           recalling
           himself
           ,
           said
           ,
           By
           God
           and
           my
           Peers
           .
        
         
           
             O
             Yes
             ,
          
           all
           you
           that
           be
           to
           give
           in
           Evidence
           against
           
             Robert
          
           Earl
           of
           
             Somerset
             ,
          
           who
           stands
           now
           at
           the
           Bar
           upon
           his
           deliverance
           ,
           make
           your
           appearance
           ,
           and
           you
           shall
           be
           heard
           what
           you
           have
           to
           say
           against
           him
           .
        
         
           My
           Lord
           of
           
             Somerset
          
           upon
           his
           Arraignment
           having
           pleaded
           not
           guilty
           ,
           the
           Proceeding
           after
           was
           thus
           .
        
         
           
             Robert
          
           Earl
           of
           
             Somerset
             ,
          
           you
           have
           been
           Arraigned
           ,
           and
           pleaded
           not
           guilty
           ,
           now
           whatsoever
           you
           have
           to
           say
           in
           defence
           of
           your self
           ,
           say
           it
           boldly
           without
           fear
           ;
           and
           though
           it
           be
           not
           the
           ordinary
           custom
           ,
           you
           shall
           have
           Pen
           and
           Ink
           to
           help
           your
           memory
           ;
           but
           remember
           that
           God
           is
           the
           God
           of
           Truth
           ;
           a
           fault
           defended
           is
           a
           double
           Crime
           ;
           Hide
           not
           the
           verity
           ,
           nor
           affirm
           not
           an
           untruth
           ,
           for
           to
           deny
           that
           which
           is
           true
           increaseth
           the
           offence
           ;
           Take
           heed
           left
           your
           wilfulness
           cause
           the
           Gates
           of
           Mercy
           to
           be
           shut
           upon
           you
           .
        
         
           Now
           for
           you
           my
           Lords
           the
           Peers
           ,
           you
           are
           to
           give
           diligent
           attention
           to
           that
           which
           shall
           be
           said
           ,
           and
           you
           must
           not
           rest
           alone
           upon
           one
           peece
           of
           Evidence
           ,
           
           but
           ground
           your
           Judgment
           upon
           the
           whole
           .
        
         
           This
           moreover
           I
           would
           have
           you
           remember
           ,
           that
           though
           you
           be
           not
           sworn
           as
           common
           Juries
           upon
           a
           Book
           ,
           yet
           you
           are
           fled
           in
           as
           great
           a
           Bond
           ,
           your
           own
           Honors
           and
           Fidelity
           ,
           and
           your
           Allegiance
           to
           the
           King
           ,
           and
           thus
           I
           leave
           the
           whole
           Proceedings
           to
           your
           Censure
           ;
           and
           for
           you
           that
           be
           of
           the
           Kings
           Councel
           ,
           free
           your
           discourse
           from
           all
           partiality
           ,
           and
           let
           Truth
           prevail
           ,
           and
           endeavor
           to
           make
           it
           appear
           .
        
         
           Sergeant
           
             Mountague
             .
          
           My
           Lord
           High
           Steward
           ,
           and
           you
           my
           Lords
           ,
           I
           know
           this
           cannot
           be
           but
           a
           heavy
           spectacle
           unto
           you
           ,
           to
           see
           that
           man
           that
           not
           long
           since
           in
           a
           great
           place
           with
           a
           white
           Staff
           went
           before
           the
           King
           ,
           should
           now
           at
           this
           Bar
           hold
           up
           his
           hand
           for
           blood
           :
           But
           this
           is
           the
           change
           of
           Fortune
           ,
           nay
           I
           might
           better
           say
           the
           Hand
           of
           God
           ,
           and
           Work
           of
           Justice
           ,
           which
           is
           the
           Kings
           Honor
           .
           But
           now
           to
           the
           Fact
           .
        
         
           
             Robert
          
           Earl
           of
           
             Somerset
          
           stands
           indicted
           as
           accessary
           before
           the
           Fact
           of
           the
           wilful
           Murther
           and
           poysoning
           of
           Sir
           
             Tho.
             Overbury
             ,
          
           done
           by
           
             Weston
             ,
          
           but
           procured
           by
           him
           .
        
         
           This
           ,
           my
           Lords
           ,
           is
           your
           Charge
           ;
           the
           Indictment
           hath
           been
           found
           by
           men
           of
           good
           quality
           ,
           or
           Knights
           and
           Esquires
           of
           the
           best
           rank
           and
           reputation
           ,
           some
           of
           whose
           names
           I
           will
           be
           bold
           to
           read
           unto
           you
           ,
           Sir
           
             Thomas
             Fowler
             ,
          
           Sir
           
             Will.
             Slingsby
             ,
          
           and
           five
           more
           ,
           these
           have
           returned
           
             Billae
             Vera.
             
          
        
         
           
             VVeston
          
           at
           four
           several
           times
           gave
           
             Overbury
          
           four
           several
           Poysons
           ,
           the
           first
           
             May
          
           9.
           1613.
           that
           
             Rosaker
             ,
          
           carrying
           this
           Poyson
           in
           one
           hand
           ,
           and
           the
           Broth
           in
           the
           other
           hand
           ;
           the
           second
           was
           in
           
             Iune
          
           following
           ,
           and
           that
           was
           
             Arsnick
             ;
          
           the
           third
           was
           in
           
             Iuly
          
           10
           ,
           then
           following
           ,
           and
           that
           was
           
             Mercury
             Sublimate
          
           ;
           the
           fourth
           was
           on
           the
           14
           of
           
             September
             ,
          
           and
           that
           was
           
             Mercury
             Sublimate
          
           in
           a
           Glister
           ,
           given
           by
           
             VVeston
             ,
          
           and
           an
           
           Apothecary
           yet
           unknown
           ,
           and
           that
           killed
           him
           .
        
         
           Of
           these
           four
           several
           Poysons
           ,
           ministred
           by
           
             Weston
             ,
          
           and
           procured
           by
           him
           the
           15.
           of
           
             Sept.
          
           1613.
           
           
             Overbury
          
           dyed
           ,
           and
           the
           Author
           is
           ever
           worse
           then
           the
           Act
           .
        
         
           The
           first
           Poyson
           laid
           in
           the
           Indictment
           that
           
             Weston
          
           gave
           Sir
           
             Tho.
             Overbury
             ,
          
           was
           the
           9.
           of
           
             May
             ,
          
           and
           therefore
           we
           say
           ,
           the
           Lord
           of
           
             Somerset
             May
          
           8.
           hired
           ,
           counselled
           and
           abetted
           
             Weston
          
           to
           that
           Fact
           :
           And
           as
           this
           (
           my
           Lord
           )
           I
           do
           charge
           you
           for
           a
           King
           ;
           so
           King
           
             David
          
           was
           charged
           in
           the
           like
           case
           for
           the
           murther
           of
           
             Uriah
          
           ;
           and
           though
           
             David
          
           was
           under
           his
           Pavilion
           ,
           and
           
             Uriah
          
           in
           the
           Army
           ,
           yet
           
             David
          
           was
           the
           cause
           of
           his
           murther
           :
           So
           you
           were
           in
           the
           Kings
           Chamber
           ,
           and
           
             Overbury
          
           in
           the
           Tower
           ,
           yet
           you
           were
           the
           Cause
           ,
           and
           it
           is
           you
           that
           killed
           him
           .
           It
           was
           a
           stronger
           hand
           then
           
             Westons
          
           that
           wrought
           this
           ;
           the
           proof
           Mr
           Attorney
           will
           follow
           :
           And
           now
           will
           I
           conclude
           with
           desires
           to
           the
           Peers
           ,
           that
           they
           will
           not
           expect
           visible
           Proofs
           in
           a
           work
           of
           darkness
           .
        
         
           The
           second
           ,
           That
           whereas
           in
           an
           Indictment
           there
           may
           be
           things
           laid
           only
           for
           form
           ,
           you
           are
           not
           to
           look
           that
           the
           Proof
           should
           follow
           that
           ,
           but
           only
           that
           which
           is
           substantial
           ;
           and
           the
           substance
           only
           must
           be
           this
           ,
           Whether
           my
           Lord
           of
           
             Somerset
          
           procured
           or
           caused
           the
           poysoning
           of
           Sir
           
             Thomas
             Overbury
             ,
          
           or
           not
           ?
        
         
           
             Lord
             Steward
             .
          
           That
           indeed
           ,
           my
           Lord
           ,
           is
           that
           which
           you
           are
           to
           look
           after
           ,
           whether
           my
           Lord
           
             Somerset
          
           was
           the
           Cause
           of
           his
           poysoning
           ,
           or
           not
           .
        
         
           
             Cook
             .
          
           This
           was
           well
           moved
           by
           Mr
           Recorder
           ,
           and
           the
           Law
           is
           clear
           in
           this
           point
           ,
           that
           the
           proof
           must
           follow
           the
           substance
           ,
           not
           the
           form
           .
        
         
           The
           Judges
           all
           rising
           ,
           affirmed
           this
           to
           be
           true
           .
        
         
           This
           ,
           my
           Lord
           ,
           is
           certain
           ,
           the
           Law
           gives
           form
           in
           Indictments
           ,
           but
           only
           substance
           in
           Proofs
           .
        
         
         
           I
           know
           ,
           my
           Lord
           High
           Steward
           ,
           and
           you
           the
           Lords
           the
           Peers
           ,
           that
           you
           cannot
           behold
           this
           Lord
           at
           the
           Bar
           without
           the
           remembrance
           of
           his
           former
           greatness
           ,
           yet
           a
           Peer
           amongst
           you
           ,
           and
           therefore
           I
           know
           you
           will
           be
           very
           tender
           in
           the
           cutting
           of
           him
           off
           from
           your
           number
           without
           good
           Evidence
           ;
           We
           ,
           my
           Lords
           ,
           that
           be
           to
           speak
           against
           him
           ,
           have
           received
           an
           admonition
           from
           the
           King
           ,
           to
           use
           no
           Invectives
           ,
           but
           give
           in
           pertinent
           Evidence
           ;
           I
           think
           we
           should
           have
           done
           so
           howsoever
           ,
           but
           yet
           we
           cannot
           but
           be
           glad
           of
           so
           good
           a
           Warrant
           ;
           we
           will
           therefore
           carry
           the
           Proof
           upright
           against
           all
           Evasion
           ,
           the
           Evidence
           will
           bear
           it self
           .
           That
           which
           I
           am
           now
           to
           speak
           ,
           I
           will
           divide
           into
           four
           Parts
           .
        
         
           The
           first
           shall
           be
           of
           the
           greatness
           of
           the
           Crime
           ,
           not
           to
           weigh
           or
           press
           you
           down
           (
           my
           Lord
           )
           but
           to
           shew
           that
           the
           King
           was
           bound
           by
           his
           Oath
           to
           bring
           this
           Cause
           to
           Judgment
           ,
           though
           you
           had
           been
           the
           Signet
           of
           his
           right
           Hand
           .
        
         
           The
           second
           shall
           be
           ,
           what
           Proof
           I
           hold
           to
           be
           competent
           in
           this
           Case
           .
        
         
           Thirdly
           ,
           I
           will
           state
           and
           sum
           up
           the
           Proof
           ▪
        
         
           And
           fourthly
           ,
           I
           will
           produce
           Oaths
           or
           Writings
           confessed
           .
        
         
           First
           ,
           Of
           all
           kind
           of
           Felonies
           this
           is
           the
           greatest
           ,
           and
           that
           I
           will
           urge
           thus
           :
           First
           ,
           It
           is
           Murther
           ,
           the
           first
           Record
           we
           ever
           read
           of
           in
           the
           Bible
           was
           a
           sentence
           upon
           Murther
           ;
           and
           though
           
             Cain
          
           was
           not
           punished
           with
           death
           in
           respect
           of
           the
           
             Primogenite
             ,
          
           or
           some
           other
           secret
           Causes
           ,
           which
           God
           reserved
           to
           himself
           ,
           yet
           he
           was
           sentenced
           .
           Although
           
             Ioabs
          
           sentence
           for
           the
           Murther
           of
           
             Abner
          
           was
           respited
           ,
           yet
           it
           was
           not
           forgotten
           ,
           no
           Sanctuary
           could
           relieve
           him
           ,
           he
           was
           taken
           from
           the
           Horns
           of
           the
           Altar
           .
           In
           the
           second
           Table
           the
           first
           forbidding
           Commandment
           is
           ,
           
             Thou
             shalt
             not
             Murther
             .
          
           And
           some
           other
           most
           
           learned
           Rabbins
           that
           referred
           that
           Commandment
           where
           the
           Obedience
           of
           Parents
           is
           expressed
           to
           the
           first
           Table
           ;
           so
           then
           this
           is
           the
           first
           of
           the
           second
           .
        
         
           My
           second
           Aggravation
           is
           ,
           that
           this
           Murther
           is
           by
           Poyson
           ;
           Poyson
           is
           a
           forraign
           practice
           ,
           fit
           for
           
             Rome
          
           and
           her
           Doctrine
           ;
           It
           hath
           these
           three
           Attributes
           .
        
         
           First
           ,
           It
           is
           fierce
           ,
           it
           takes
           a
           man
           suddenly
           in
           Gods
           Peace
           and
           the
           Kings
           ,
           when
           he
           thinks
           least
           of
           it
           .
        
         
           Secondly
           ,
           It
           is
           easily
           done
           ,
           and
           once
           conceived
           hardly
           prevented
           or
           discovered
           :
           Princes
           have
           their
           Guards
           about
           them
           to
           withstand
           any
           force
           or
           violence
           ,
           and
           Gentlemen
           their
           Servants
           ,
           for
           that
           never
           comes
           but
           with
           a
           noise
           ;
           whereas
           on
           the
           contrary
           ,
           there
           are
           a
           number
           of
           Poysons
           ,
           that
           they
           will
           neither
           distaste
           nor
           discolour
           that
           they
           be
           put
           into
           .
        
         
           Thirdly
           ,
           It
           takes
           not
           only
           away
           the
           party
           maliced
           or
           meant
           ;
           it
           is
           like
           an
           Arrow
           shot
           that
           hath
           no
           aym
           ;
           and
           if
           Facts
           of
           this
           kind
           were
           not
           met
           withall
           by
           condign
           punishment
           ,
           what
           society
           would
           there
           be
           amongst
           men
           ?
        
         
           In
           the
           22.
           
           
             Hen.
          
           8.
           a
           Poysoner
           ayming
           at
           one
           man
           ,
           poysoned
           a
           dish
           of
           Barm
           ,
           at
           this
           time
           there
           was
           a
           feast
           at
           the
           Bishop
           of
           
             Rochesters
             ,
          
           that
           Barm
           was
           unwittingly
           used
           in
           Broths
           and
           boyled
           meats
           ,
           sixteen
           at
           the
           Table
           were
           poysoned
           with
           it
           ,
           nay
           it
           went
           as
           far
           as
           the
           Alms-basket
           ,
           and
           some
           poor
           dyed
           of
           it
           .
        
         
           Well
           ,
           this
           year
           Poysoning
           was
           esteemed
           so
           great
           an
           offence
           ,
           that
           a
           Statute
           was
           made
           to
           make
           it
           High
           Treason
           .
        
         
           My
           third
           Aggravation
           is
           ,
           That
           it
           was
           against
           the
           Kings
           Prisoner
           in
           the
           Tower
           ,
           where
           the
           King
           and
           State
           were
           in
           a
           manner
           bound
           to
           answer
           for
           him
           ;
           and
           ,
           my
           Lords
           ,
           till
           now
           there
           hath
           been
           no
           Murther
           in
           that
           place
           since
           the
           Nephews
           of
           King
           
             Richard
          
           the
           
           third
           were
           there
           murthered
           by
           his
           Command
           .
        
         
           My
           second
           general
           Division
           is
           ,
           What
           Proofs
           I
           hold
           to
           be
           compleat
           in
           this
           Case
           ;
           I
           hope
           my
           Lords
           the
           Peers
           will
           consider
           ,
           that
           of
           all
           Murthers
           Poysoning
           is
           the
           most
           secret
           :
           And
           therefore
           to
           look
           for
           Testimonies
           direct
           ,
           is
           to
           say
           ,
           that
           they
           proclaim
           impunity
           ;
           who
           should
           have
           impeached
           
             Parasapis
             ,
          
           who
           poysoned
           one
           side
           of
           a
           Knife
           ,
           and
           eat
           with
           the
           other
           .
           But
           ,
           my
           Lord
           ,
           you
           are
           not
           to
           enquire
           of
           actual
           impoysoning
           ,
           but
           the
           procuring
           and
           faciliating
           of
           it
           ;
           and
           that
           is
           to
           be
           an
           Abettor
           before
           the
           Fact
           if
           any
           middle
           course
           should
           be
           used
           ,
           to
           the
           intent
           such
           a
           matter
           might
           be
           effected
           ,
           if
           afterwards
           it
           be
           done
           .
        
         
           For
           example
           ;
           There
           be
           three
           intended
           to
           Rob
           a
           man
           ,
           one
           sends
           a
           Letter
           to
           him
           upon
           some
           pretended
           business
           to
           draw
           him
           such
           a
           way
           ,
           the
           other
           fearing
           he
           may
           carry
           some
           company
           with
           him
           ,
           useth
           some
           means
           to
           divert
           him
           from
           that
           ,
           and
           proffers
           to
           go
           with
           him
           himself
           ,
           and
           holds
           him
           in
           discourse
           ,
           until
           the
           third
           man
           comes
           upon
           him
           ,
           and
           doth
           the
           fact
           ;
           certainly
           all
           these
           are
           guilty
           .
        
         
           It
           is
           not
           he
           only
           that
           slips
           the
           Dog
           ,
           but
           he
           that
           loves
           the
           Toyl
           ,
           that
           kills
           the
           Deer
           .
           But
           these
           things
           ,
           my
           Lord
           ,
           are
           so
           perspicuous
           that
           I
           will
           not
           dilate
           .
        
         
           My
           third
           Division
           was
           the
           stating
           and
           summing
           up
           the
           Proofs
           ,
           and
           that
           shall
           be
           thus
           :
        
         
           First
           ,
           A
           plain
           Narrative
           of
           the
           Fact
           it self
           .
        
         
           Secondly
           ,
           The
           distribution
           of
           it
           into
           parts
           ,
           and
           applying
           of
           the
           Evidence
           .
        
         
           And
           thirdly
           ,
           The
           Production
           of
           Witnesses
           and
           Writings
           .
        
         
           
             Somerset
             .
          
           I
           humbly
           desire
           to
           answer
           every
           particular
           as
           it
           is
           objected
           against
           me
           ;
           my
           memory
           is
           short
           ,
           and
           so
           I
           may
           omit
           to
           Answer
           some
           of
           the
           most
           principal
           Objections
           .
        
         
         
           
             Lord
             Steward
             .
          
           The
           constant
           course
           of
           the
           Court
           must
           be
           kept
           ;
           you
           cannot
           interrupt
           the
           Kings
           Councel
           ;
           they
           must
           give
           their
           Evidence
           entire
           before
           you
           come
           to
           your
           Answer
           ;
           you
           have
           now
           Pen
           and
           Ink
           to
           observe
           what
           they
           urge
           against
           you
           ;
           and
           if
           after
           you
           omit
           any
           thing
           ,
           when
           you
           come
           to
           your
           Answer
           ,
           you
           shall
           have
           all
           the
           Helps
           that
           can
           be
           afforded
           you
           .
        
         
           Mr
           
             Attorney
             .
          
           My
           Lord
           of
           
             Somerset
             ,
          
           in
           substance
           I
           will
           answer
           and
           satisfie
           your
           Request
           ,
           for
           you
           shall
           have
           three
           Cogitations
           .
        
         
           First
           ,
           Take
           your
           aym
           of
           that
           that
           shall
           be
           objected
           against
           you
           in
           the
           Narrative
           ;
           then
           a
           second
           in
           the
           distribution
           of
           it
           into
           parts
           ;
           and
           lastly
           the
           third
           ,
           when
           the
           Witnesses
           shall
           be
           produced
           ,
           and
           more
           when
           you
           come
           to
           your
           Answer
           ;
           if
           you
           omit
           any
           thing
           that
           hath
           been
           objected
           against
           you
           ,
           I
           will
           put
           you
           in
           mind
           of
           it
           .
        
         
           Now
           for
           the
           Narrative
           ,
           the
           Friendship
           and
           familiarity
           betwixt
           my
           Lord
           of
           
             Somerset
             ,
          
           and
           Sir
           
             Thomas
          
           was
           so
           great
           ,
           if
           you
           beleeve
           him
           in
           his
           own
           Letter
           ,
           but
           he
           was
           a
           
             Trasonical
          
           Fellow
           ,
           that
           the
           Ballance
           had
           need
           be
           altered
           ,
           that
           the
           greatest
           matters
           and
           secrets
           of
           State
           ,
           which
           my
           Lord
           executed
           under
           the
           King
           were
           all
           communicated
           unto
           him
           ,
           not
           whisperingly
           ,
           or
           by
           peece
           meals
           ,
           as
           sometimes
           Councellors
           use
           to
           do
           to
           their
           friends
           for
           a
           favor
           ;
           but
           
             Overbury
          
           took
           Copies
           ,
           Registers
           ,
           and
           Extracts
           of
           all
           that
           passed
           ;
           they
           had
           Ciphers
           between
           them
           ,
           which
           went
           under
           the
           name
           of
           
             Iergins
          
           of
           the
           King
           and
           Queens
           name
           ,
           and
           all
           the
           Councellors
           of
           State
           ;
           and
           this
           kind
           of
           Characterical
           writing
           is
           never
           used
           but
           by
           Princes
           ,
           or
           their
           Embassadors
           ;
           if
           by
           others
           ,
           then
           by
           such
           as
           be
           Practisers
           against
           them
           ;
           yet
           ,
           my
           Lord
           ,
           I
           charge
           you
           with
           no
           disloyalty
           .
        
         
         
           I
           remember
           a
           Speech
           Your
           Grace
           hath
           often
           said
           in
           
             Chancery
             ,
          
           That
           Fraud
           ,
           Frost
           and
           foul
           weather
           ;
           I
           might
           adde
           without
           disloyalty
           ,
           of
           Friendship
           of
           ill
           men
           ;
           And
           so
           ,
           my
           Lord
           ,
           it
           proved
           on
           your
           part
           to
           Sir
           
             Thomas
             Overbury
             ,
          
           occasioned
           thus
           ,
           You
           went
           about
           an
           Unlawful
           Love
           ,
           designed
           by
           my
           Lord
           of
           
             Northampton
             ,
          
           oppugned
           by
           him
           under
           pretence
           of
           Friendship
           ,
           though
           in
           truth
           that
           was
           not
           the
           occasion
           ,
           but
           his
           Unwillingness
           to
           have
           any
           Partners
           in
           your
           Favour
           besides
           Himself
           :
           For
           He
           Himself
           writes
           in
           a
           Letter
           to
           you
           ,
           That
           you
           won
           her
           by
           his
           Letters
           ;
           but
           this
           impetuous
           unbounded
           Fellow
           ,
           
             Overbury
             ,
          
           first
           began
           with
           Threats
           ,
           in
           respect
           of
           the
           communication
           of
           Secrets
           ;
           Here
           upon
           this
           ,
           there
           grew
           two
           streames
           of
           Hatred
           upon
           Him
           ,
           one
           from
           You
           ,
           and
           another
           from
           my
           Lady
           ,
           but
           yours
           of
           a
           more
           nigher
           nature
           ;
           for
           your self
           confessed
           ,
           That
           he
           had
           such
           hold
           of
           you
           He
           might
           overthrow
           you
           .
           There
           was
           a
           third
           stream
           besides
           these
           ,
           and
           that
           came
           from
           my
           Lord
           of
           
             Northampton
          
           ;
           And
           from
           you
           three
           
             Overbury
          
           was
           concluded
           
             Filius
             Mortis
             .
          
        
         
           Now
           how
           this
           should
           be
           executed
           ,
           the
           means
           for
           that
           was
           now
           to
           be
           thought
           on
           ;
           And
           for
           that
           there
           was
           but
           two
           Ways
           ,
           Violence
           or
           Poyson
           .
        
         
           The
           first
           was
           attempted
           ,
           but
           that
           failing
           ,
           you
           fell
           upon
           the
           second
           ,
           how
           should
           that
           be
           effected
           ?
           If
           he
           had
           been
           abroad
           ,
           or
           at
           liberty
           ,
           you
           know
           he
           had
           too
           jealous
           a
           Head
           to
           be
           easily
           entrapped
           ;
           what
           then
           was
           to
           be
           done
           one
           way
           ,
           but
           was
           to
           be
           cooped
           up
           ?
           but
           how
           must
           that
           be
           done
           ?
           There
           ,
           my
           Lord
           ,
           you
           plead
           a
           pefidious
           part
           by
           your
           Plot
           :
           OVERBURY
           was
           
           designed
           for
           an
           Honorable
           Employment
           beyond
           the
           Sea
           ,
           and
           disswaded
           by
           you
           ,
           animating
           him
           to
           refuse
           the
           Kings
           Command
           ;
           upon
           this
           ,
           for
           his
           contempt
           he
           is
           committed
           to
           the
           Tower
           ;
           when
           he
           was
           there
           must
           he
           have
           the
           liberty
           of
           the
           Ayr
           ?
           No
           ;
           He
           must
           be
           committed
           close
           Prisoner
           ,
           that
           you
           might
           the
           better
           compass
           your
           desires
           .
           There
           you
           had
           him
           fast
           ,
           there
           was
           no
           avoyding
           of
           it
           ,
           but
           death
           must
           be
           his
           bane
           .
        
         
           Now
           for
           the
           knitting
           up
           and
           connection
           of
           these
           things
           ,
           If
           you
           had
           not
           a
           Lievtenant
           to
           your
           hand
           ,
           and
           an
           Under-Keeper
           for
           your
           purpose
           ,
           all
           was
           but
           in
           vain
           ;
           and
           so
           you
           ordered
           it
           :
           for
           
             Overbury
          
           had
           not
           been
           five
           days
           in
           the
           Tower
           ,
           but
           
             VVade
          
           was
           dispatched
           ,
           
             Elvis
          
           put
           in
           ,
           
             Caris
          
           his
           old
           Keeper
           put
           out
           ,
           and
           
             Weston
          
           his
           Poysoner
           put
           unto
           him
           .
           And
           though
           the
           placing
           of
           Sir
           
             Iervise
             Elvis
          
           was
           consulted
           in
           ten
           days
           before
           his
           Imprisonment
           ,
           yet
           all
           was
           resolved
           and
           done
           within
           five
           days
           after
           .
        
         
           Now
           for
           the
           last
           Act
           of
           the
           Tragedy
           ;
           When
           he
           was
           there
           ,
           and
           close
           Prisoner
           ,
           none
           of
           his
           Friends
           might
           come
           to
           him
           ,
           neither
           Father
           ,
           nor
           Kindred
           ,
           nor
           his
           Servants
           ,
           nor
           none
           but
           his
           Poysoner
           .
           Now
           
             Franklin
          
           was
           sent
           for
           ,
           he
           must
           buy
           Poysons
           ,
           not
           such
           as
           would
           quickly
           kill
           him
           ,
           but
           by
           degrees
           ,
           to
           avoyd
           all
           suspicion
           .
           And
           then
           there
           was
           nothing
           came
           to
           him
           ,
           Salt
           ,
           Sauces
           ,
           Tarts
           ,
           Medicines
           ,
           Glysters
           ,
           that
           were
           not
           poysoned
           .
           All
           the
           Petitionary
           means
           that
           were
           either
           made
           by
           him
           or
           his
           Friends
           ,
           for
           his
           Liberty
           ,
           were
           stopped
           ,
           though
           entertained
           by
           you
           my
           Lord
           of
           
             Somerset
          
           ;
           You
           used
           him
           as
           Fortune-Tellers
           do
           poor
           people
           in
           the
           Country
           ,
           hold
           them
           in
           a
           Tale
           while
           they
           steal
           away
           their
           purse
           .
           Now
           my
           Lord
           of
           
             Somerset
             ,
          
           for
           the
           distributing
           of
           it
           into
           parts
           ,
           and
           applying
           the
           evidence
           to
           make
           you
           guilty
           ,
           we
           will
           
           Prove
           it
           by
           matter
           precedent
           ,
           present
           ,
           and
           subsequent
           .
        
         
           First
           ,
           There
           was
           a
           mortal
           hatred
           on
           your
           part
           against
           Sir
           
             Tho.
             Overbury
             .
          
        
         
           Secondly
           ,
           You
           used
           the
           means
           to
           expose
           him
           to
           the
           Tower
           ,
           and
           there
           to
           keep
           him
           close
           Prisoner
           .
           After
           these
           two
           I
           will
           follow
           the
           Proofs
           my self
           .
        
         
           Now
           for
           matter
           present
           ,
           That
           your
           hand
           was
           in
           poysoning
           
             Overbury
             ,
          
           directed
           ,
           delivered
           Poysons
           ,
           thirsted
           after
           the
           news
           ;
           The
           prosecution
           of
           this
           I
           leave
           to
           speak
           of
           .
           After
           his
           death
           you
           took
           the
           course
           that
           every
           guilty
           man
           would
           do
           in
           such
           a
           case
           ,
           suppressing
           Testimony
           ,
           Letters
           ,
           and
           going
           about
           to
           get
           a
           pardon
           .
        
         
           Now
           for
           a
           hate
           of
           Sir
           
             Tho.
             Overbury
             ,
          
           together
           with
           a
           fear
           of
           his
           revealing
           of
           secrets
           ;
           You
           made
           a
           vow
           that
           he
           should
           neither
           live
           in
           Court
           or
           Country
           ,
           that
           if
           he
           came
           out
           of
           the
           Tower
           one
           of
           you
           two
           must
           dye
           .
           Now
           of
           
             Overburies
          
           part
           he
           writes
           to
           you
           ,
           That
           if
           he
           dye
           ,
           your
           shame
           shall
           never
           dye
           ;
           prays
           God
           you
           repent
           not
           the
           neglect
           of
           him
           in
           that
           place
           from
           whence
           he
           writes
           to
           you
           .
           Now
           by
           way
           of
           exclusion
           you
           cannot
           alledg
           ,
           That
           this
           your
           hatred
           to
           him
           ,
           and
           plotting
           his
           Commitment
           ,
           was
           in
           respect
           to
           your
           Wife
           ;
           why
           then
           did
           you
           not
           suffer
           him
           to
           go
           beyond
           Sea
           ?
           No
           ,
           the
           bargain
           was
           made
           ,
           the
           poysons
           were
           ready
           ;
           there
           were
           some
           secrets
           ,
           together
           with
           your
           malice
           towards
           him
           ,
           was
           so
           great
           ,
           that
           there
           was
           no
           safe
           course
           for
           you
           ,
           in
           your
           opinion
           ,
           but
           this
           death
           .
        
         
           And
           for
           the
           producing
           of
           my
           proofs
           I
           will
           use
           this
           course
           ;
           Those
           Examinations
           that
           have
           been
           taken
           upon
           Oath
           shall
           be
           here
           read
           ,
           the
           witnesses
           also
           I
           have
           caused
           to
           be
           here
           ,
           that
           they
           may
           be
           sworn
           ,
           and
           to
           justifie
           or
           deny
           what
           they
           hear
           read
           ;
           and
           to
           diminish
           or
           add
           to
           their
           Examinations
           :
           And
           beside
           ,
           
           that
           you
           my
           Lord
           of
           
             Somerset
             ,
          
           and
           you
           my
           Lords
           the
           Peers
           ,
           may
           ask
           them
           what
           further
           questions
           you
           please
           .
        
         
           
             Tho.
             Payton
             ,
          
           Sir
           
             Thomas
          
           his
           Servant
           :
           He
           saw
           a
           Letter
           of
           his
           Masters
           ,
           whose
           hand
           he
           knew
           to
           be
           my
           Lord
           of
           
             Somersets
             ,
          
           wherein
           were
           these
           words
           ,
           
             If
             I
             dye
             ,
             my
             blood
             lie
             upon
             you
             .
          
           And
           in
           that
           or
           another
           Letter
           there
           was
           this
           clause
           ,
           
             You
             are
             now
             as
             good
             as
             your
             word
             ,
             you
             have
             kept
             your
             vow
             to
             me
          
           ;
           Moreover
           ,
           that
           in
           the
           privy
           gallery
           in
           
             Whitehall
          
           my
           Lord
           of
           
             Somerset
          
           coming
           late
           to
           his
           Chamber
           met
           there
           with
           Sir
           
             Tho.
             Overbury
          
           ;
           How
           now
           ,
           says
           my
           Lord
           ,
           are
           you
           up
           yet
           ?
           Nay
           ,
           answered
           Sir
           
             Thomas
             Overbury
             ,
          
           what
           makes
           you
           here
           at
           this
           time
           of
           the
           night
           ?
           Will
           you
           never
           leave
           the
           company
           of
           the
           base
           Woman
           ?
           and
           seeing
           you
           do
           so
           neglect
           mine
           advise
           ,
           I
           desire
           that
           to
           morrow
           morning
           we
           may
           part
           ,
           and
           that
           you
           will
           let
           me
           have
           that
           portion
           you
           know
           is
           due
           to
           me
           ;
           And
           then
           I
           will
           leave
           you
           free
           to
           your self
           ,
           to
           stand
           upon
           your
           own
           legs
           .
        
         
           My
           Lord
           answered
           ,
           His
           legs
           were
           strong
           enough
           to
           bear
           himself
           ,
           and
           so
           departed
           in
           great
           displeasure
           ,
           and
           to
           his
           knowledg
           they
           were
           never
           perfectly
           reconciled
           again
           :
           And
           being
           asked
           how
           he
           heard
           this
           discourse
           ,
           He
           said
           ,
           it
           was
           in
           the
           dead
           of
           the
           night
           ;
           and
           he
           being
           in
           a
           room
           within
           the
           Gallery
           ,
           heard
           all
           that
           passed
           .
        
         
           
             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
             carryed
             to
             the
             Court
             ,
             and
             delivered
             to
             Mr
             
               Rawlin
            
             to
             carry
             in
             to
             my
             Lord
             ,
             who
             was
             then
             in
             his
             Chamber
             .
             My
             Lord
             presently
             came
             out
             and
             asked
             me
             how
             my
             Master
             did
             ,
             I
             told
             him
             ,
             very
             sick
             ;
             and
             withall
             this
             message
             ,
             and
             how
             the
             Physick
             had
             wrought
             with
             him
             ;
             My
             Lord
             smiled
             ,
             and
             said
             ,
             Pish
             ,
             and
             so
             turned
             him
             away
             .
          
           
             
               Lawrence
               Davis
               ,
            
             Sir
             
               Thomas
               Overburies
            
             Servant
             ,
             Saith
             ,
             That
             he
             hath
             heard
             his
             Master
             say
             ,
             that
             he
             would
             have
             gone
             Embassador
             ,
             but
             that
             my
             Lord
             of
             
               Rochester
            
             disswaded
             him
             ;
             He
             hath
             seen
             some
             Letters
             of
             Sir
             
               Thomas
               Overburies
               ,
            
             wherein
             he
             wrote
             ,
             My
             Lord
             of
             
               Rochester
            
             was
             even
             with
             him
             ;
             but
             he
             thinks
             he
             never
             saw
             those
             passages
             .
          
        
         
           
             Somerset
             .
          
           
             I
             pray
             you
             my
             Lords
             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.
               
               Overburies
            
             hand
             .
          
        
         
           
             
               Sir
               
                 Thomas
                 Overburies
              
               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
               behavior
               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.
               
               Overburies
            
             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
             Mistriss
             
               Farnforth
            
             ;
             she
             ,
             to
             the
             intent
             they
             might
             be
             safely
             kept
             ,
             sent
             them
             to
             a
             Merchants
             House
             in
             
               Cheapside
               ,
            
             where
             some
             seven
             Moneths
             before
             she
             had
             lodged
             ,
             and
             desires
             they
             might
             be
             safely
             kept
             for
             her
             ,
             pretending
             they
             were
             some
             Writings
             which
             concern
             her
             
               Ioyature
               .
            
             On
             Saint
             
               Thomas
            
             day
             she
             her self
             comes
             to
             have
             them
             again
             ,
             saying
             ,
             she
             must
             carry
             them
             to
             her
             Councel
             to
             peruse
             :
             
               If
               you
               will
               ,
               suffer
               me
               to
               open
               it
               before
               you
            
             (
             says
             the
             Merchant
             ,
             )
             
               and
               that
               there
               be
               nothing
               else
               ,
               you
               shall
               have
               them
               .
            
             But
             she
             by
             no
             means
             would
             consent
             to
             the
             breaking
             of
             it
             open
             :
             Then
             he
             answered
             ,
             It
             is
             a
             troublesom
             time
             ,
             I
             will
             go
             to
             the
             
               Lord
               Chief
               Iustice
               ,
            
             and
             if
             he
             finde
             no
             other
             Writings
             but
             such
             as
             concern
             you
             ,
             you
             shal
             have
             them
             again
             .
             So
             coming
             to
             my
             Chamber
             ,
             and
             not
             finding
             me
             within
             ,
             (
             for
             I
             was
             gone
             to
             
               Pauls
            
             to
             the
             Sermon
             )
             He
             went
             to
             my
             Lord
             
               Zouch
               ,
            
             one
             of
             the
             appointed
             Commissioners
             for
             this
             Cause
             ,
             who
             he
             himself
             would
             not
             break
             it
             open
             ,
             but
             came
             to
             
               Pauls
            
             to
             me
             ,
             and
             in
             a
             by-room
             brake
             it
             open
             ,
             and
             found
             in
             it
             many
             Letters
             ,
             which
             were
             disadvantagious
             to
             my
             Lord
             of
             
               Somerset
               .
            
          
        
         
           These
           matters
           being
           made
           evident
           ,
           need
           no
           further
           to
           be
           amplified
           ;
           For
           my
           Lord
           ,
           As
           it
           is
           a
           principle
           in
           Nature
           ,
           
             That
             the
             best
             things
             are
             in
             their
             corruption
             the
             worst
          
           ;
           And
           
             the
             sweetest
             wine
             makes
             the
             sharpest
             Vineger
          
           ;
           So
           fell
           it
           out
           with
           my
           Lord
           of
           
           
             Somerset
          
           and
           Sir
           
             Thomas
             Overbury
             ,
          
           that
           this
           access
           (
           as
           I
           may
           call
           it
           )
           of
           Friendship
           ended
           in
           mortal
           hatred
           on
           my
           Lord
           of
           
             Somersets
          
           part
           .
        
         
           The
           Indictment
           being
           found
           ,
           my
           Lord
           High
           Steward
           ,
           confirmed
           with
           the
           Opinion
           of
           the
           other
           Judges
           ,
           did
           pronounce
           the
           
             Sentence
             of
             Death
          
           upon
           my
           Lord
           of
           
             Somerset
             ,
          
           and
           so
           the
           Court
           dissolved
           .
        
         
           FINIS
           .