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 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 Com∣mission being read, the Lord Chiefe Justice gave the Charge; the effect whereof was, First, to expresse the Kings pious inclination and command unto just proceedings against all such as should be any way proved to be guilty of the murthering and poysoning of S^r Tho. Overbury, his Majesties prisoner in the Tower.

Secondly, to aggravate the manner, and quality of the murther, in shewing the basenesse of poysoning above all other kinds of murther; declaring the venge∣ance of God, and his justice in punishing the offen∣ders; he alleadged Gen. 9.6. Quicunque effunderit humanum sanguinem effundetur sanguis illius, ad Ima∣ginem 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 poy∣soning.

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 co∣wardliness 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 humi∣dum radicale, in one month, two or three, or more as they list, which they foure manner of wayes do ex∣ecute, 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, not∣withstanding the greatnesse of any that upon their evidence should appeare to be guilty of the same of∣fence, 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 re∣ceived 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 remain∣ing in his house, to be ready in Court for his Arraign∣ment:

So a certaine space after, the Grand Jury re∣turned to the Bar, and delivered in their Bill of In∣dictment, signed Billa vera; whereupon the Prisoner was set up to the Bar, and the Indictment read by Mr. Fanshaw, which contained in effect:

That Richard Weston being about the age of sixty yeares, not having the feare of God before his eyes, but instigated by the Devil, devised and contrived not only to bring upon the body of Sir Tho. Overb. great sicknesse and diseases, but also deprive him of his life: and to bring the same to passe, the ninth of May 1613. and in the eleventh yeare of his Majesties Reigne, at the Tower of London in the Parish of Alhallows Barking, did obtaine and get into his hands certaine poyson of green and yellow colour, called Rosacar (knowing the same to be deadly poyson) and the same did maliciously and feloniously compound and mingle with a kinde of Broth powred into a certaine dish, and the same Broth so infected, did give and deliver to the said S^r Th. Overb. as good and wholsome Broth, to the intent to kill and poyson the said S^r Tho. Overb. which Broath he took and did eat.

Also the said Weston upon the first of Iuly, an. 11 Reigne aforesaid, did in like manner get another poy∣son or poysonous powder, called White-arsnick, and knowing the same to be deadly poyson, did give unto the said S^r Tho. Overb. as good and wholesome to eat, who in like manner took and eat the same.

Also that Weston upon the said nineteenth of Iuly following, did get another poyson called Mercury sublimate, knowing the same to be mortal poyson, and put and mingled the same in Tarts and Jellies, and gave the same to the said S^r Tho. Overb. as good and wholesome to eat, which he in like manner took, and did eat.

Also the said Weston, and another man unknown

(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 whole∣some into the guts of the said S^r Thomas; & that Weston was present and aiding to the said Apothecary in mini∣string & infusing the said Glister; and immediately after S^r Th. did languish, and fell into diseases & distempers, and from the aforesaid times of taking and eating the said poysoned meats, and ministring the said Glister, he dyed. And so the Jury gave their verdict that Weston in this manner had killed, poysoned, and murthered the said S^r Tho. Overbury, against the Kings peace and dignity.

Which Indictment being read, he was demanded if he were guilty of the Fellony, murthering and poy∣soning as aforesaid, yea, or no? To which he answe∣red, doubling his speech, Lord have mercy upon me; Lord have mercy upon me. But being again deman∣ded, he answered, Not guilty; and being then deman∣ded 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, decla∣ring 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 de∣livered 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 par∣tiality; and yet notwithstanding, he once more used much perswasion to the Prisoner to consider what destruction he had brought upon himself by his con∣tempt, 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 punish∣ment 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 extre∣mity eight or nine dayes: adding further, that as life left him, so judgement should finde him; and there∣fore he required him upon considerations of these reasons, to advise himself to plead to the Country, who notwithstanding absolutely refused.

Hereupon the Lord Chiefe Justice willed S^r Law∣rence Hide the Queens Attorney, and there of Coun∣sel 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 whatso∣ever was necessary, and he could prove against them; whereupon M^r Attorney began his accusa∣tion.

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 af∣firmed to be the malice of the Countesse, and the ground of this malice he alleadged, and by many in∣ducements he evidently affirmed that S^r Tho. Over. had perswaded him from that adulterate marriage of the Countesse of Somerset then Countesse of Essex, and for this he alleadged as followeth.

S^r Tho. Over. having divers times disswaded the Earle, then Viscount Rochester, from seeking by any means to procure marrying with the Countesse of Essex (to which he saw the Earle too much inclined)

having very earnest conference with the Earle one night in private in the Gallery at White-hall con∣cerning 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 inevi∣tably 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 ut∣terly ruine your honour, and your selfe; you shall ne∣ver 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. con∣ceited 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 other∣wise.

For upon this the Earle moved the King to ap∣point 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 Ma∣jesty, 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 wil∣lingnesse

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 Tho∣mas had imparted to him his readinesse to be im∣ployed 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 im∣ployment, perswaded him to refuse to serve Ambassa∣dour, whereby (quoth he) I shall not be able to per∣forme 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 e∣quity he was committed to the Tower.

Being thus committed, he was presently commit∣ted close prisoner, and a Keeper he must have, and who must that be but this Weston, who was com∣mended 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 ef∣fecting 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 com∣fort 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 be∣ginning 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 mur∣ther, 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 re∣ceived 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 ag∣gravate 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 poy∣son, 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 an∣swer, 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 vehe∣mently, 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 re∣leased

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 procure∣ment 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 (per∣haps 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 un∣to 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 con∣fessed, that he was straightly charged not to taste thereof.

Sir Tho. thus continuing languishing and consu∣ming with the extremity of sickness untill 6. Septemb. then the aforesaid Mrs. Turner did procure an Apo∣thecaries 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 con∣fessed and signed.

Being thus dead, he was presently and very unre∣verendly buried in a pit digged in a very mean place. On his body thus venomously infected appeared di∣vers blains and blisters, whereupon they to take away as well his good name as his life, did slanderously re∣port that he dyed of the French Pox; but this report was cleared in Court by the depositions of his ser∣vants 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 pri∣soner dyed there, his body is to be viewed, and inqui∣sition 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 Apothe∣cary 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 sick∣ness, 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 impri∣sonment 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 com∣plained, 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 So∣merset 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, where∣unto 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, New∣market, and Hampton-Court, and he delivered an∣swer to Mrs. Turner, and that upon the Letter to Hampton-Court he had answer by word of mouth, on∣ly 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-no∣ster-row; and he confesseth, that of a year before Sir Tho. his imprisonment no man carried Letters be∣tween 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 de∣nieth 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 per∣forme 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 de∣livered 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 S^r 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 exceed∣ing 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 reso∣lute 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 Coun∣tesse 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 Over∣bury examined.

SAith, upon the bruit of the murther of Sir Tho. he was taxed by some why he made no prosecuti∣on; 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 Lieute∣nant.

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 Coun∣tesse, 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 mi∣nistring 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 S^r Oliver, & S^r Iohn; and also had committed his Lady: so having last of all demanded again of the prisoner, if he would put him∣self 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 M^r Fanshaw Clerk of the Crown, declared to him that he had been formerly arraigned, and plea∣ded 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, tearm∣ing 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 pro∣curement of the Countesse, was preferred to the ser∣vice 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 appoin∣ted to kill and murther him.

He shewed how the very same day of his entertain∣ment 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 him∣self.

And that the ninth or May aforesaid, the said wa∣ter was secretly sent from the Countesse to Weston by his son; and the same night Weston meeting the Lieu∣tenant, 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 not∣withstanding, that the Lieutenant did let him go a∣way 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 ha∣ving 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 ex∣aminations against him, declaring unto them how qui∣etly and freely he had examined him without any me∣nacing, 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 subli∣mate, 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 up∣on 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 Da∣vid 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 in∣tended 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 retur∣ned 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 af∣ter 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. Mon∣son told him the chief purpose of Westons keeping Sir Tho. Overb. was to suffer no Letters or other mes∣sage to pass to or from, and to that purpose he advi∣sed the Lieutenant.

Westons Examination, 5. of October, 1615.

HE confesseth, that the next day he was prefer∣red 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 re∣ward,

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 Jer∣vas 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? where∣in 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 admi∣nistring it.

Here the Lord Chief Justice observed by this que∣stion 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 where∣of 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 bring¦ing a Letter from Roch▪ to Sir Tho. Monson, he deli∣vered 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 kins∣man, and means of his preferment, he did of him∣self prefer a Petition to the King, that the cause might be referred to the Judges of the Law for ordi∣nary 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 suffe∣red 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 con∣fessed 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 Lieu∣tenant and his son.

The Examination of William Goare, one of the Sheriffes of London.

SAith Weston being in his custody, he often per∣swaded 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 evi∣dence 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 poy∣son 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 con∣fessed 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 to∣gether, 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 an∣swered, 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 ho∣nour of the King.
• 2 The preventing of other damned crimes of poy∣soning.
• 3 Answer to certain objections.
• 4 That there is no practice of conspiracie in pro∣secution of the business.

1 For the first, he observed the finger of God in the manifestation, and bringing to light of this matter, ha∣ving slept two years, being shadowed with Greatness, which cannot overcome the cry of the people; he ob∣served 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 per∣swade 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 Coun∣try; 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 opi∣nione, for that so many uncertain rumours touch∣ing 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 priso∣ner 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 con∣venient, 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 con∣spiracie, he solemnly protested to God he knew none, nor of any semblance or colour thereof; and therefore he much inveighed against the baseness and unworthi∣ness 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 pri∣soner.

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 in∣stanced by the example of Gurnandus di Birlanus mentioned 22 Ed. 1. Squire, that attempted to poy∣son 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 com∣manded that the prisoner might have convenient re∣spect, 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 In∣dicted 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 Es∣quires 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 Ar∣raigned, and so caused her to put off her Hat; which done, she covered her hair with her handkerchiffe, be∣ing 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 Ar∣raignment; shewing the wickedness and hainousness of poysoning: he shewed further, there was one Dr. Forman dwelling at Lambeth, who dyed very sud∣denly, & 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 Fa∣ther; 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 fol∣loweth:

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 Bro∣ther 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 com∣ming 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 remem∣ber (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 al∣so 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 disco∣vered; 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 wo∣man, spreading and laying forth her hair in a Look∣ing-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 de∣pose 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. For∣man, 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 con∣sent of Mrs. Forman, burnt divers Letters and pa∣pers, but that she kept some without their pri∣vitie.

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 writ∣ten 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 parti∣cular 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 o∣ther 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 Raw∣lings, Payton, VVilliams: one of these Examinations gave in evidence, that one Franklyn being an Apo∣pothecary and Drugster, was the provider of all the poysons given to Sir Tho. Overbury.

A Chyrurgeon there deposed, that he cured Frank∣lyn of the Pox, and that at several times he deman∣ded 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 con∣ference 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 war∣rant you I will get it.

Francis deposeth, that Franklyn married his sister, and that he thinketh in his conscience she was poy∣soned; 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 command∣ment 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 nei∣the 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 Lieute∣nant, and Weston to give notice what things were poy∣soned, 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 im∣ployments for the Embassage of Russia. 2. To make him refuse them, and to give right cause for his com∣mitment. 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 di∣rections to the Lieutenant therein, a most bar∣barous course to be so dealt withall onely for a con∣tempt; concluding that Sir Tho. Overb. was a close prisoner to all his friends, but open to all his ene∣mies; 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 Sor∣cerer, a Murtherer, a Witch, a Papist, a Felone, the daughter of the Devil: Forman wishing her to re∣pent, and to become the servant of Jesus Christ, and to pray him to cast out those seven Devils. She de∣sires 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 weep∣ing.

Then Judge Crook made another grave Speech, ex∣horting 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 hono∣rable Tryall by such men as he had not seen in his time for one of her rank and quality, and so was deli∣vered 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 a∣mongst the people as she went, she was carried to Ty∣born, 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 com∣pany, 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 peni∣tence there shewed, she moved the Spectators to great pitty and grief for her.