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falling out to be not long before the king's going into Scotland, it was expressly delayed till then, at which time the Lord Treasurer sent to him, and lets him know, that he now had order to make ready two warrants, one of lands, and another of fec-farm rents, and if he would not use means, and that by his own suit, to have the king put in mind of his first directions, it was like he should have the worst of them returned to him; but the other apprehending what was meant thereby, would not be induced to make any such suit, for the reason he gives in the Petition, wherefore the king being in his way as far as Huntingdon, the warrant with the fee-farms was sealed with the want of 1,000l. a year, besides of the sum formerly offered to him, which altogether took off, of the value of the whole, about the one half. This made some of his court friends then in Scotland with the king, to acquaint his friends here, with those passages, whereupon his sisters, and divers of our greatest lords, went to the king, to whom and to that which was desired his majesty, he made answer. But after the king's return into England he continued as before without moving either for his estate or any thing else, until the king fell dangerously sick at Royston, then he hastened to pass through those fee-farm rents, taking them for a maintenance in the present, or in part of that which was meant for him, attending a fitter time when to move for the rest, since there was nothing could set him right, or repair him in all, but a reversal of the judgment, which he sought no otherwise than as the means whereby he might in his own person, be enabled to hold an estate or sue for one, for it seems he had some hold which he would not quit, of a hope of having that which had been his own formerly, but the times going on to the worse for him, he found cause seven or eight years after, to seek both for his liberty

and pardon; which pardon he had got but four months before the king died immediately after he had bis pardon, he moved for that which rested of his estate, which sir Henry Gibb acquainted the king withal. But the king, without looking upon the paper in which the particulars were to be shewed him, told sir Henry that what Somerset had to demand of him in that matter, he should have it, if he had so much land in England. This was at Newmarket, a little before the king sickened at Theobalds.-So afterwards when his majesty came to the crown, he did by my lord of Buckingingham, and the other lords he names in the Petition, continue this suit of his without intermission, but he could obtain no answer, nor reference, until about the time that his daughter was to be married, then by the duchess of Buckingham's means, the queen got the king to promise one, and this my lord Cottington told him of also, but it came no further, only this, he benefited thereby, that advising with my lord Cottington upon the time of the reference, for that he had the testimony of a nobleman to produce on his part, who was then troubled with the gout, and 100 miles off in the country, my lord Cottington bid him get it in writing, and it would be as well, and this lord's testimony, who died soon after, we have in a letter to my lord Cottington, yet sealed, but because the reference went not on, was never delivered him; so as here we have this letter which makes good that part of the Petition, which mentions the particulars of the king's gift for the estate, and our report for that which passeth here in Scotland, shews, the continuance of the king in the same mind and disposition, and sir Henry Gibb is now present in this kingdom, who will testify so much as hath been delivered here, in his name."

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110. The Proceedings against Sir JOHN HOLLIS, Sir JOHN WENTWORTH, and Mr. LUMSDEN, in the Star-Chamber, for traducing the Publick Justice: 13 JAMES I. A. D. 1615.

In Camera Stellata decimo Novembris, 13 Jacobi

Regis, 1615. Present, THE Lord Chamberlain, archbishop of Canterbury, lord Crew, lord steward, earl of Pembroke, bishop of London, bishop of Winton, lord Zouch, lord Knowles, secretary Winwood, Chancellor of the Duchy, sir Thomas Lake, and the three Chief Justices, being sat, there were brought to the bar, sir John Hollis, (now lord Houghton) sir John Wentworth, and Mr. Lumsden, a Scotish gentleman, as offenders and prisoners, committed by the Lords of the Council. Mr. Attorney-general (sir Francis Bacon) did inform against them ore tenus in this manner:

The offence wherewith I shall charge the three offenders at the bar, is a misdemeanor of

a high nature, tending to the defacing and scandal of justice in a great cause capital. The particular charge is this:

The king, amongst many his princely virtues, is known to excel in that proper virtue of the imperial throne, which is Justice. It is a royal virtue, which doth employ the other three cardinal virtues in her service. Wisdom to discover, and discern nocent or innocent: fortitude to prosecute and execute: temperance, so to carry justice as it be not passionate in the pursuit, nor confused in involving persons upon light suspicion nor precipitate in time. this his majesty's virtue of justice God hath of late raised an occasion, and erected as it were a stage or theatre much to his honour for him to shew it, and act it in the pursuit of the untimely death of sir Thomas Overbury, and

For

therein cleansing the land from blood. For, my | lords, if blood spilt pure doth cry to heaven in God's ears, much more blood defiled with poison. This great work of his majesty's justice, the more excellent it is, your lordships will soon conclude the greater is the offence of any that have sought to affront it, or traduce it. And therefore, before I descend unto the charge of these offenders, I will set before your lordships the weight of that which they have sought to impeach; speaking somewhat of the general crime of impoisonment, and then of the particular circumstances of this fact upon Overbury; and thirdly and chiefly, of the king's great and worthy care and carriage in this business. This offence of impoisonment is most truly figured in that device or description, which was made of the nature of one of the Roman tyrants, that he was lutum sanguine maceratum, mire mingled or cemented with blood: for as it is one of the highest offences in guiltiness, so it is the basest of all others in the mind of the offenders. Treasons, magnum aliquid spectant: They aim at great things; but this is vile and base. I tell your lordships what I have noted, that in all God's books, (both in the Old and New Testament) I find examples of all other offences and offenders in the world, but not any one of an impoisonment or an impoisoner. I find mention of fear of casual impoisonment: when the wild vine was shred into the pot, they came complaining in a fearful manner; 'Master, 'mors in olla.' And I find mention of poisons of beasts and serpents; the poison of asps is under their lips. But I find no example in the book of God of impoisonment. I have sometime thought of the words in the Psalin, let their table be made a snare.' Which certainly is most true of impoisonment; for the table, the daily bread, for which we pray, is turned to a deadly snare: but I think rather that that was meant of the treachery of friends that were participant of the same table.

But let us go on. It is an offence, my lords, that hath the two spurs of offending; spes perficiendi, and spes celandi: it is easily committed, and easily concealed.

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mies; nor I have nothing that any body should long for. Why? that is all one; for he may sit at table by one for whom poison is prepared, and have a drench of his cup, or of his pottage. And so, as the poet saith, Concidit infelix alieno vulnere;' he may die another man's death. And therefore it was most gravely, and judiciously, and properly provided by that statute, that impoisonment should be hightreason; because whatsoever offence tendeth to the utter subversion and dissolution of human society, is in the nature of high-treason.

Lastly, it is an offence that I may truly say of it, non est nostri generis, nec sanguinis. It is (thanks be to God) rare in the Isle of Britain: it is neither of our country, nor of our church; you may find it in Rome or Italy. There is a region, or perhaps a religion for it: and if it should come amongst us, certainly it were better living in a wilderness than in a

court.

For in the particular fact upon Overbury. First, for the person of sir Thomas Overbury: I knew the gentleman. It is true, his mind was great, but it moved not in any good order; yet certainly it did commonly fly at good things; and the greatest fault that I ever heard by him was, that he made his friend his idol. But I leave him as sir Thomas Overbury.

But take him as he was the king's prisoner in the Tower; and then see how the case stands. In that place, the state is as it were respondent to make good the body of a prisoner. And if any thing happen to him there, it may (though not in this case, yet in some others) make an aspersion and reflection upon the state itself. For the person is utterly out of his own defence, his own care and providence can serve him nothing. He is in custody and preservation of the law; and we have a maxim in our law, (as my lord the judges know) that when a state is in preservation of law, nothing can destroy it, or hurt it. And God forbid but the like should be for the persons of those that are in custody of law; and therefore this was a circumstance of great aggravation.

Lastly, To have a man chased to death in such manner (as it appears now by matter of record; for other privacy of the cause I know not) by poison after poison, first roseacre, then arsenick, then mercury sublimate, then subli

nature to hear it. The poets feign, that the furies had whips, that they were corded with poisonous snakes; and a man would think that this were the very case, to have a man tied to a post, and to scourge him to death with snakes: for so may truly be terined diversity of poisons.

It is an offence that is tanquam sagitta nocte volans; it is the arrow that flies by night. It discerns not whom it hits; for many times the poison is laid for one, and the other takes it as in Sander's case, where the poi-mate again; it is a thing would astonish man's soned apple was laid for the mother, and was taken up by the child, and killed the child: and so in that notorious case, whereupon the statute of 22 Hen. 8, cap. 9. was made, where the intent being to poison but one or two, poison was put into a little vessel of barm that stood in the kitchen of the bishop of Rochester's house; of which barm pottage or gruel was made, wherewith seventeen of the bishop's family were poisoned nay, divers of the poor that came to the bishop's gate, and had the broken pottage in alins, were likewise poisoned. And therefore, if any man will comfort himself, or think with himself, here is great talk of impoisonment, I hope I am safe; for I have no ene

Now I will come to that which is the principal; that is, his majesty's princely, yea, and as I may truly term it, sacred proceeding in this cause. Wherein I will first speak of the temper of his justice, and then of the strength thereof.

First, it pleased my lord chief justice to let me know, (that which I heard with great com

fort) which was the charge that his majesty gave to himself first, and afterwards to the commissioners in this case, worthy certainly to be written in letters of gold, wherein his majesty did fore-rank and make it his prime direction, that it should be carried without touch to any that was innocent; nay more, not only without impeachment, but without aspersion: which was a most noble and princely caution from his majesty; for men's reputations are tender things, and ought to be like Christ's coat, with out seam. And it was the more to be respected in this case, because it met with two great persons; a nobleman that kis majesty had favoured and advanced, and his lady being of a great and honourable house: though I think it be true, that the writers say, that there is no pomegranate so fair or so sound, but may have a perished kernel. Nay, I see plainly, that in those excellent papers of his majesty's own hand-writing, being as so many beams of justice issuing from that virtue which doth shine in him; I say, I see it was so evenly carried without prejudice, (whether it were a true accusation of the one part, or a practice of a false accusation on the other) as shewed plainly that his majesty's judgment was tanquam tabula rasa,' as a clean pair of tables, and his ear < tanquam janua aperta,' as a gate not side open, but wide open to truth, as it should be by little and little discovered. Nay, I see plainly, that at the first (till farther light did break forth) his majesty was little moved with the first tale, which he vouchsafeth not so much as the name of a tale; but calleth it a rumour, which is an headless tale.

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As for the strength or resolution of his majesty's justice, I must tell your lordships plainly I do not marvel to see kings thunder out justice in cases of treason, when they are touched themselves; and that they are vindices doloris proprii:' but that a king should pro amore justitiæ' only, contrary to the tide of his own affection, for the preservation of his people, take such care of a cause of justice, that is rare, and worthy to be celebrated far and near. For, I think, I may truly affirm, that there was never in this kingdom, nor in any other kingdom, the blood of a private gentleman vindicated, cum tanto motu regni,' or to say better, cum tanto plausu regni.-If it had concerned the king or prince, there could not have been greater nor better commissioners to examine it. The term hath been almost turned into a justitium, or vacancy; the people themselves being more willing to be lookerson in this business, than to follow their own. There hath been no care of discovery omitted, no moment of time lost. And therefore I will conclude this part with the saying of Solomon, Gloria Dei celare rem, et gloria egis scrutari rem.' And his majesty's honour is much the greater, for that he hath shewed to the world in this business, as it hath relation to my lord of Somerset, (whose case in no sort I do prejudge, being ignorant of the secrets of the cause, but taking him as the law takes him hitherto,

VOL. II.

for a suspect) I say, the king hath to his great honour shewed, that were any man in such a case of blood, as the signet upon his right hand, (as the scripture says) yet would he pull him off.

Now will I come to the particular charge of these gentlemen, whose qualities and persons I respect and love; for they are all my particular friends: but now I can only do this duty of a friend to them, to make them know their fault to the full.

And therefore, first, I will by way of narrative declare to your lordships the fact, with the occasion of it; then you shall have their confessions read, upon which you are to proceed, together with some collateral testimonies by way of aggravation: and lastly, I will note and observe to your lordships, the material points which I do insist upon for their charge, and so leave them to their answer. And this I will do very briefly, for the case is not perplexed,

That wretched man Weston, who was the actor or mechanical party in this impoisonment, at the first day being indicted by a very substantial jury of selected citizens, to the number of nineteen, who found billa vera, yet nevertheless at the first stood mute; but after some days intermission, it pleased God to cast out the dumb devil, and that he did put himself upon his trial; and was by a jury also of great value, upon his confession, and other testimonies, found guilty: so as thirty-one sufficient jurors have passed upon him. Whereupon judgment and execution was awarded against him. After this, being in preparation for another world, he sent for sir Thomas Overbury's father, and falling down upon his knees, with great remorse and compunction, asked him forgiveness. Afterwards, again, of his own motion, desired to have his like prayer of forgiveness recommended to his mother, who was absent. And at both times, out of the abundance of his heart, confessed that he was to die justly, and that he was worthy of death. And after, again, at his execution (which is a kind of sealing-time of confessions), even at the point of death, (although there were tempters about him, as you shall hear by and bye) yet he did again confirm publickly, that bis examinations were true, and that he had been justly and honourably dealt with. Here is the narrative which induceth the charge. The charge itself is this:

Mr. Lumsden, whose offence stands alone single (the offence of the other two being in consort; and yet all three meeting in their end and center, which was to interrupt or deface this excellent piece of justice :) Mr. Lumsden, I say, mean while, between Weston's standing mute and his trial, takes upon him to make a most false, odious, and libeilous relation, containing as many untruths as lines, and sets it down in writing with his own hand, and delivers it to Mr. Henry Gibb, of the bed-chamber, to be put into the king's hand; in which writing he doth falsify and pervert all that was done the first day at the arraignment of Weston; ༡v

turning the pike and point of his imputations Weston did poison Overbury or no? A contraprincipally upon my lord chief justice of Eng-dictory directly: Weston answered only, that land, whose name (thus occurring) I cannot pass by, and yet I cannot skill to flatter. But this I will say of him, and I would say as much to ages, if I should write a story; that never man's person and his place were better met in a business, than my lord Coke and my lord chief justice, in the cause of Overbury.

Now, my lords, in this offence of Mr. Lumsden's, for the particulars of these slanderous articles, I will observe them unto you when the writings and examinations are read; for I do not love to set the gloss before the text. Bot in general I note to your lordships, first, the person of Mr. Lumsden: I know he is a Scots gentleman, and thereby more ignorant of our laws and forms: But I cannot tell whether this doth extenuate his fault in respect of ignorance, or aggravate it much, in respect of presumption; that he would meddle in that that he understood not: but I doubt it came not out of his quiver; some other man's cunning wrought upon this man's boldness. Secondly, I may note unto you the greatness of the cause, wherein he being a private, mean gentleman, did presume to deal. Mr. Lumsden could not but know to what great and grave commissioners the king had committed this cause; and that his majesty in his wisdom would expect, return of all things from them to whose trust he had committed this business. For it is the part of commissioners, as well to report the business, as to manage the business; and then his majesty might have been sure to have had all things well weighed, and truly informed: and therefore it should have been far from Mr. Lumsden to have presumed to put forth bis hand to so high and tender a business, which was not to be touched but by employed hands. Thirdly, I note to your lordships, that this infusion of a slander into a king's ear, is of all forms of libels and slanders the worst. It is true, that kings may keep secret their informations; and then no man ought to enquire after them, while they are shrined in their breast. But where a king is pleased that a man shall answer for his false information; there, I say, the false information to a king exceeds in of fence the false information of any other kind; being a kind (since we are in matter of poison) of imprisonment of a king's ear. And thus much for the offence of Mr. Lumsden.

For the offence of sir John Wentworth and sir John Hollis, which I said was in consort, it was shortly this: At the time and place of the execution of Weston, to supplant his Christian resolution, and to scandalize the justice already past, and perhaps to cut off the thread of that which is to come; these gentlemen, with others, came mounted on horseback, and in a ruffling and facing manner, put themselves forward to re-examine Weston upon questions: and what questions? Directly cross to that that had been tried and judged; for what was the point tried? That Weston had poisoned Overbury. What was sir John Wentworth's question; whether

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he did him wrong; and turning to the sherm said, You promised me I should not be troubled at this time. Nevertheless, he pressed him to answer; saying, he desired to know it, that he might pray with him. I know not that sir John Wentworth is an Ecclesiastick, that he should cut any man from the communion of prayer. And yet for all this vexing of the spirit of a poor man, now in the gates of death, Weston nevertheless stood constant, and said, I die not unworthily: my lord chief justice hath my mind under my hand, and he is an honourable and just judge. This is sir John Wentworth's offence.

For Sir John Hollis, he was not so much a questionist; but wrought upon the other's questions, and, like a kind of confessor, wished him to discharge his conscience, and to satisfy the world. What world? I marvel! It was sure the world at Tyburn. For the world at GuildHall, and the world at London, was satisfied before; teste the bells that rung. But mea have got a fashion now-a-days, that two or three busy-bodies will take upon them the name of the world, and broach their own conceits, as if it were a general opinion. Well, what more? When they could not work upon Weston, then sir John Hollis in an indignation turned about his horse (when the other was turning over the ladder) and said, he was sorry for such a conclusion; that was to have the state honoured or justified: but others took and reported his words in another degree: but that I leave, seeing it is not confe-sed.

Sir John Hollis's offence had another appendix, before this in time; which was, that at the day of the verdict given by the jury, he also would needs give his verdict, saying openly, that if he were of the jury, he would doubt what to do. Marry (he saith), Le cannot tell well whether he spake this before the jury had given up the verdict, or after; wherein this is little gained. For whether sir John Holl's were a pre-juror or a post-juror, the one was to prejudge the jury, the other as to taint them.

Of the offence of these two gentlemen in general, your lordships must give me leave to say, that it is an offence greater and more dangerous than is conceived. I know well, that as we have no Spanish inquisitions, nor justice in a corner; so we have no gagging of men's mouths at their death, but that they may speak freely at the last hour; but then it must come from the free motion of the party, not by temptation of questions. The questions that are to be asked, ought to tend to farther revealing of their own or others guiltiness; but to use a question in the nature of a false interrogatory, to falsify that which is res judicata, is intolera ble. For that were to erect a court or commission of review at Tyburn, against the King's Bench at Westminster. And besides, it is a thing vain and idle: for if they answer according to the judgment past, it adds no credit; or if it be contrary, it derogatetir nothing: But

yet it subjecteth the majesty of justice to popular and vulgar talk and opinion.

doubt what to do; and this he confessed, as a man perhaps more trickish and curious to give his verdict or judgment of life or death than others: and if a bare word of his opinion drawn by discourse (he being but a stander-by

My lords, these are great and dangerous of fences; for if we do not maintain justice, justice will not maintain us. But now your lordships shall hear the Exa-in-this business) be to be censured, I appeal minations themselves. Hereupon the Examinations were read.

to your judgments. His second offence was for giving of counsel, and asking questions of Weston at the execution. He said, he confest he was there, but carried with a general desire which he had to see the execution, as he had done in many like cases before. And he had formerly seen that it was a common thing for men standers-by to ask questions of those that were to be executed and now many asking this question of the fact of Weston, and he answering in general terms, I die not unwor thily; he also, among many others, did ask him the question (as hath been opened;) which was not purposed of him when he came thither,

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Mr. Lumsden for Answer to this charge said, that himself was not at the arraignment, but what he had spoken, or set down in writing, he had received of many in common discourse; who being now demanded to justify the same, do deny it; and therefore he would confess that which was written was false. He pleaded ignorance of the law, and that he did it without any purpose of prejudice to the public business, but only as he conceived out of duty; and because he had always lived as a gentleman, he would not so much degenerate from himself and his birth, nor so much offend against, but was occasioned by reason of one that stood human society, as to become a base accuser; but would submit himself and his offence to the censure of the court, and to the favourable interpretation of their lordships.

Mr. Attorney replied, that his answer and submission were modest, and therefore he would not press his offence further; yet he would tell him, that in criminal causes whosoever would raise a slander, and refuse to tell his author, he must tell him that which the laws tell him, that he was the author himself. This kind of slandering judges to kings and princes is common. Popham, a great judge in bis time, was complained of by petition to queen Elizabeth; it was committed to four privy-counsellors; but the same was found to be slanderous, and the parties punished in the court. He likewise said, I may not admit of this new learning; I hold it not unworthy a gentleman to discharge his fault upon the first author; and by the law, the not doing thereof maketh him the first author; so he becomes a false accuser of himself.

Sir John Wentworth's answer was, that he would not willingly be conceived to speak more here than he had done heretofore. It was true, that he was at the execution of Weston, and did ask those questions touching the poisoning of sir Thomas Overbury; which he did on two reasons: the one was, because he had seen others do the same at the same time, and especally one Parkes; and he thought he might do it as well as he. Another reason was, because he not being at the arraignment, and hearing that Weston had denied the fact, he was desirous to be satisfied of the truth from himself; yet he purposed not to ask any questions when he came thither; but if to ask questions of a man going to execution were offensive to the state, he did humbly submit to their lordship's

censures.

Sir John Hollis answered, that the matter declared against him contained three crimes. The first, that whereas at the first upon the indictment he should fore-judge the jury, by delivering his opinion; saying, that he should

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behind him at the gallows, who said to Weston, that he should confess the truth of this fact, for if he had had his right, he had been hanged many years ago: whereunto Weston answered, fact or no fact I die worthily. Sir John said, that Mr. Attorney had so well applied his charge against him, that though he carried the seal of a good conscience with him, he would almost make him believe that he was guilty; but he hoped their lordships would take the bird by the body and not by the feathers: his speech, he said, might be well understood, but the worst end of it was turned towards him; he did but the part of a christian to persuade Weston to discharge his conscience, and intended not to controvert the law and justice that had passed on him. As for the timony of Bearingborne, I know not what he hath deposed against me; but it seems he is some man of trade, against whom I think I may now put myself in opposition, that my denial may stand against his affirmation. In his youth some of your lordships know, that he [sir John Hollis] had spent some of his time in the wars and travel, and afterwards had lived in place at court, both in the time of queen Elizabeth, and his majesty eight years: he had served the late most worthy prince, the memory of whom, he said, did grieve him that be should plead his name at the bar, whom for the misery of this state it pleased God to take away; since whose death he had been as a fish out of the water. Thus much, he said, was pulled out of his mouth, by reason of his testimony produced against him; but he knew that not words but his cause must help him out of this mire. And therefore if their lordships had determined any thing against him for these offences, he did humbly submit himself to their honourable censures. The lord chancellor said, that this deposition of Bearingborne was not read but in explanation and aggravation, and not for evidence of condemnation against sir John Hollis.

Mr. Attorney replied upon sir John to this answer of his, that his speech to Weston was

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