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spoken out of a few beads which I had ga-ray, sealed: if your majesty have so much idle thered, for I seldom do more, I set down as time to look upon it, it may give some light of soon as I came home, cursorily, a frame of that the day's work: but I most humbly pray your I had said; though I persuade myself I spake majesty to pardon the errors. God preserve it with more life. I have sent it to Mr. Mur- you ever. FR. BACON. April 29th, 1615.

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103. The Trial of RICHARD WESTON,* at the Guild-hall of London, for the Murder of Sir Thomas Overbury,† 19 Oct. 13 JAMES I.

A. D. 1615.

THE Commissioners were, the Lord Mayor, Hayes; the Lord Chief Justice of England, Coke; Justice Crook; Justice Doderidge; Justice Haughton; Serjeant Crew; and sir Henry Montague, Recorder.

The Court being set, and the king's special commission read, the Lord Chief Justice gave the Charge; the effect whereof was,

First, To express the king's pious inclinations and command unto just proceedings against all such as should be any way proved to be guilty of the murdering and poisoning of sir T. Overbury, his majesty's prisoner in the Tower. Secondly, To aggravate the manner and quality of the murdering, in shewing the baseness of poisoning above all other kinds of murder, declaring the vengeance of God, and his justness in punishing offenders: He alledged 9 Gen. 6. " Quicunque effuderit humanum 'sanguinem, effundetur sanguis illius; ad imaginem Dei quippe factus est homo.' He also took the example of Uriah by David; he therein observed how adultery is most often the begetter of that sin.

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Then he declared, That of all felonies, murder is the most horrible; of all murders, poisoning the most detestable; and of all poisoning, the lingering poisoning.

He shewed how that by an act of parliament, 22 H. 8, cap. 9, it was made treason, and that wilful poisoners should be boiled to

* He had been an apothecary's man, but was now made under-keeper to the new lieutenant of the Tower, sir Jervis Elwes.

He was son to sir Nicholas Overbury of Burton-upon-the-hill in Gloucestershire, educated at Queen's-College in Oxford, and at the Middle-Temple, of which his father was a bencher. See a full relation of the manner of his death, Bacon's Works, vol. 1. p. 77, 79, and its discovery, ibid. p. 80.

"Franklyn and Weston came into Overbury's chamber, and found him in infinite torment, with contention between the strength of nature, and the working of the poison, and it being very like nature had gotten the better in that contention, by the thrusting out of boils, blotches, and blains: they fearing it might come to light upon the judgment of physicians that foul play had been offered him, consented to stifle him with the bed-cloaths, which accordingly was performed, and so ended his miserable life, with the assurance of the conspirators that he died by poison, none thinking otherwise

death; rehearsing the example of one Richard Rowse, that had poisoned a man and woman, and was therefore scalded to death.

Then he laid open to the jury the baseness and cowardliness of poisoners, who attempt that secretly, against which there is no means of preservation or defence for a man's life; and how rare it was to hear of poisoning in England, so detestable it was to our nation: But that since the devil had taught divers to be cunning in it, so that they can poison in what distance of space they please, by consuming the nativum calidum or humidum radicale in one month, two, or three or more, as they list; which they four manner of ways do execute, 1. gustu, 2. haustu, 3. odore, 4. contactu.

He finished his charge with serious exhortations to the jury to do justice in presenting the truth, notwithstanding the greatness of any that upon their evidence should appear to be guilty of the same offence: comforting both judges and jury with the scripture, Psal. 5, v. ultimo, For thou, Lord, wilt bless the righteous; with 'favour wilt thou compass them as with a shield,' The charge being ended, the jury, consisting of 14 persons, did for the space of an hour, depart the court into a private room, where they received their evidence from Mr. Fenshaw, his majesty's Coroner, and his highness's counsel prepared and instructed for that purpose, with the examinations and confessions as well of the prisoner himself, as of divers other witnesses, before that time taken by the lord chief justice of England, and others the lords of his majesty's council.

In the mean time, Mr. William Goare, sheriff of London, was commanded to fetch his prisoner, remaining at his house, to be ready in court for his arraignment.

So a certain space after, the Grand Jury returned to the bar, and delivered in their bill of indictment, signed Billa Vera. Whereupon the prisoner was set up to the bar, and the Indictment read by Mr. Fenshaw, which contained in effect as followeth :

That Richard Weston, being about the age of sixty years, not having the fear of God be fore his eyes, but instigated and seduced by the devil, devised and contrived not only to bring upon the body of sir Thomas Overbury, knight, great sickness and diseases, but also to deprive him of his life: and to bring the same to pass,

but these two murtherers." Weldon's Court aud Character of king James, 75.

9 Maii 1613, 11 Jacobi, &c. at the Tower of London, in the parish of Alhallows Barking, lid obtain and get into his hand certain poison of green and yellow colour, called Rosalgar, (knowing the same to be deadly poison) and the same did maliciously and feloniously mingle and compound in a kind of broth poured out into a certain dish; and the same broth so infected and poisoned, did give and deliver to the said sir Thomas Overbury as wholesome and good broth, to the intent therewith to kill and poison the said sir Thomas, which broth he took and did eat.

Also the said Weston upon the first of July, 11 Jacobi, as aforesaid, did in like manner get another poison or poisons compounded, called White Arsenick, and (knowing the same to be deadly poison) did give unto the said sir Thomas Overbury, as good and wholesome to eat, who took and did eat.

the author of his own death, even as if he should with a knife or dagger kill or stab himself, exhorting him very earnestly cither with repentance to confess his fault, or else with humility and duty to submit himself to his ordinary trial. Whereupon be stubbornly answered, Welcome by the grace of God; and he referred himself to God. And so when no persua sions could prevail, the lord chief justice plainly delivered his opinion, That he was persuaded that Weston had been dealt withal by some great ones, guilty of the same fact, as accessary, to stand mute, whereby they might escape their punishment: and therefore he commanded (for satisfaction of the world) that the queen's at torney there present should declare, and set forth the whole evidence, without any fear or partiality and yet notwithstanding, he once more used much persuasion to the prisoner to consider what destruction he brought upon himself by his contempt; and declaring unto him how his offence of contempt was, in refusing his trial, and how the laws of the land had provided a sharper and more severe punishment to such offenders than unto those that were guilty of high treason: and so he repeated the form of judgment given against such, the extremity and rigour whereof was expressed in these words, onere, frigore et fume. For the first, he was to receive his punishment by the law, to be extended, and then to have weights laid upon him, no more than he was able to bear, which were by little and little to be increased.

For the second, that he was to be exposed in an open place, near to the prison, in the open air, being naked.

And lastly, that he was to be preserved with the coarsest bread that could be got, 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 men lived in that extremity eight or nine days: adding further, that as life left him, so judgment should find him. And therefore he required him, upon consideration of these reasons, to advise himself to plead to the country, who notwithstanding absolutely

Also that Weston, upon the said 19th of July following, did get another poison called Mercury Sublimate, (knowing the same to be mortal poison) and put and mingled the same in tarts and jellies, and gave the same unto sir Thomas Overbury, as good and wholesome to eat, which he in like manner took and did eat. Also the said Weston, and another man being an apothecary, afterwards, upon the 14th of September, feloniously did get a poison, called Mercury Sublimate, (knowing the same to be deadly poison) and put the same into a clyster mingled with the said poison: and the said clyster the said apothecary, for the reward of 201. promised unto him, did put and minister (as good and wholesome) into the guts of said sir T.; and that Weston was present and aiding to the said apothecary in ministering and infusing the said clyster; and that immediately after, as well the taking of the said poisoned meats, and ministering the said clyster, the said sir T. did languish, and fell into diseases and distempers; and from the aforesaid times of taking and eating the said poisoned meats, and ministering the said clyster, he died and so the jury gave their verdict, That Weston in this manner had killed, poisoned, and murdered the said sir T. against the king's peace and dignity. Which Indictment being read, he was demanded if he were guilty of the felony, murder-refused. ing, and poisoning, as aforesaid, yea or no. To which he answered, doubling his speech, Lord have mercy upon me! Lord have mercy upon me! But being again demanded, be answered, Not Guilty. And being then demanded how he would be tried, he answered, he referred himself to God, and would be tried by God; refusing to put himself and his cause upon the jury or country, according to the law or custom. Hereupon the lord chief justice, and all other in their order, spent the space of an hour in persuading him to put himself upon the trial of the law; declaring unto him the danger and mischief he ran into by resisting his ordinary course of trial, being the means ordained by God for his deliverance, if he were innocent; and how by this means he would make himself

VOL. II.

* The chief justice had intelligence underhand, that Yelverton, an obliged servant to the house of the Howards, had advised this counsel for Weston, in order to prevent the prosecution from reaching any farther: Yelverton was at this time Solicitor-general, but does not appear to have had any share in any of the trials for the murder of sir Thomas Overbury, though the Attorney and other counsel of the king had their parts in them.

+ Concerning standing mute and the punishment of penance or peine fort et dure, See 2 Hale's P.C. c. 43, but now by st. 12 G. 3, c. 30, standing mute shall have the same judgment and all other, consequences as a conviction by verdict or confession.

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First, he charged the countess of Somerset and the earl to be principal movers unto this unhappy conclusion, Mrs. Turner to be of the confederacy, and the pay-mistress of the prisoner's reward; in which the Attorney's boldness was very observable, in terming the countess a dead and rotten branch, which being lopt off, the noble tree, meaning that noble fainily, would prosper the better.

appoint sir T. Overbury embassador for Russia. The king, willing to preter sir T. Overbury, as one whose worth and valour was not unknown to his majesty, accordingly adjoined him that service; the which sir T. was most willing to accept of, as a gracious aspect of the king towards him: which willingness of his was proved by the deposition of two or three several witnesses read in court, and by the oath of sir Dudley Diggs, who voluntarily, at the arraignment in open court, upon his oath, witnessed how sir Thomas had imparted to him his readiness to be imployed on an embassage.

The earl as well abusing the king's favours, in moving to shew favour where he meant the party should take no benefit, as bearing unhonest friendship, in conference with sir Thomas concerning that imployment, persuaded him to refuse to serve embassador, where (quoth he) I shall not be able to perform such kindness to your advantage, as having you with Secondly, he proceeded to the cause, which me: and (quoth he) if you be blamed or comhe affirmed to be the malice of the countess: mitted for it, care not, I will quickly free you and the ground of this malice he alledged, from all harm. Sir Thomas, thus betrayed by and by many inducements he evidently affirmed, a friend, refused to serve in that nature; that sir Thomas Overbury had dissuaded the whereupon he was committed to the Tower. viscount Rochester from that adulterate marri- Being thus committed, he was presently comage with the countess of Somerset, then coun-mitted close prisoner, and a keeper he must tess of Essex. And for this he alledged as folJoweth :

have; and who must that be but this Weston, who was commended by the countess of Essex Sir T. Overbury having divers times dissuaded to sir T. Monson, to be by him recommended the earl, then viscount Rochester, from seeking over unto the lieutenant of the Tower, to be by any means to procure inarriage with the keeper to sir T. Overbury. Sir T. Monson, countess of Essex, to which he saw the earl according to the countess's request, commended too much inclined; and having very earnest the said Weston to sir Jervis Elwes; whereconference with the earl one night in private in upon the said lieutenant entertained the said the gallery at White-Hall concerning his in- Weston, and appointed him to keep sir T. tendment, perceiving the earl too much at that Overbury. The said Weston, upon his own time to desire that unlawful communication; confession read in court, signed with his mark, in the ardency of his fervent affection unto the had during the time that she was countess of earl, and great prescience of the future misery Essex, been a procurer and pandar to the said it would inevitably bring unto him, (his well-earl, then viscount Rochester, and the countess beloved lord and friend) used specches to this Effect:

'Well, my Lord, if you do marry that filthy base woman, you will utterly ruin your honour and yourself; you shall never do it by my advice or consent; and if you do, you had best look to stand fast.'

My lord replied, bewitched with the love of the said countess, moved with sir T. Overbury for so slighting her, answered, my own legs are straight and strong enough to bear me up; but, in faith, I will be even with you for this: and so parted from him in a great rage.

This conference was over-heard by some in an adjoining room, and their depositions for the truth thereof were read in court.

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of Essex, for the conveying and effecting of their adulterate desires, which they did divers times consummate, meeting in Mrs. Turner's house once between the hours of eleven and twelve, and at Hammersmith, and at divers times elsewhere, for that purpose; that now, by the procurement of the countess, (who hated sir T. Overbury, for being a good means to keep them from contaminating themselves with such lustful embracements, and froin the purposed marriage they mutually laboured to compass) her pandar was become his keeper, a fit agent for lust and murder.

Weston now being become sir T. Overbury's keeper, kept him so close, that he scarce had the comfort of the day's brightness; neither Although this conference moved the earl to suffered he any one to visit him, father, brosuch a sudden choler, yet it seemed sir T. Over-ther, his best friends, his nearest kindred were bury conceited it no otherwise than a sudden strangers to him from the beginning of his imextreme distemperature or passion, and not a prisonment unto the end. final conclusion of their bosom-friend as before, in which the earl seemed reciprocal: howsoever, in his double-dealing it seemed to be clearly otherwise.

For upon this the earl moved the king to

Mrs. Turner, upon the first day's keeping, promised to give him a contenting reward, if he should administer such things to sir T. Overbury as should be sent unto him, thinking him a fit instrument to compass black murder, thật

was so well acquainted with foul lust; and so indeed they found him, for he agreed and did promise to adininister whatsoever she would send him. Mrs. Turner, upon this murderous promise, the very same day that Weston became sir T. Overbury's keeper, being the 6th day of May, 1613, sent unto him the said Weston certain yellow poison, called Rosalgar, in a vial.

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Weston having received that poison, the aforesaid 6th of May at night, bringing sir T. Overbury's supper in one hand, and the vial of poison in the other, meets with the lieutenant, and asks him in these terms, Sir, shall I give it him now?' Upon this word now,' the lord chief justice demurs, to aggravate the maliciousness; affirming that this particle now,' shewed a resolution to poison him. 'What shall you give him?' replies the lieutenant. Weston replies, as if you did not know, sir.' The lieutenant blaming him, he carries the poison into an inner room, which Weston, the 9th of May, did administer to sir T. Overbury in broth. This was proved both by Weston and the lieutenant's confession.

Weston having given this poison, which wrought very vehemently with him by vomits and extreme purging, he presently demands his reward of Mrs. Turner, who replies, That the man is not yet dead: perfect your work, and 'you shall have your hire.' This was also confessed by Weston under his marks.

Sir T. Overbury, by his close imprisonment, growing sick, and daily languishing, after three or four weeks space (considering he had not got his freedom and release, having no friends suffered to come unto him, but only such as the earl sent to comfort him, of his own followers) writ to the earl to remember his imprisonment; who received answer, The time would not suffer, but so soon as possible might be, he would basten his delivery:' so indeed it seems he intended to do, but not so as sir T. Overbury conceived, whose true affection would not admit his judgment to debate the strangeness of his imprisonment, which he might well think the earl might easily have relieved.

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The 5th of June, viscount Rochester sent a letter to sir T. Overbury; in the letter he sent him a white powder, willing sir T. to take it: It will,' quoth be, make you more sick; but fear not, I will make this a means for your delivery, and for the recovery of your health.' Sir T. Overbury never dreaming of base treachery, but conceiving it as a friendly policy, received the said powder, which wrought upon him more vehemently; whereupon his sickness grew more vehement or violent, and his languishment increased: which white powder, upon Weston's confession, was poison.

Sir T. Overbury's sickness increasing, and with it his wondering that he could not in two months space be released, after his physick taking, he thus writes to the earl, lamenting his own estate; for his faith being thus shaken with the earl's unkindness, gave way for his judgment to scan those actions, rather like an un

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"Sir; I wonder you have not yet found means to effect my delivery; but I remember you said, you would be even with me [not suspecting, as it seemeth, any poisoning, but an unkind forgetfulness of my Cord of Rochester] and so indeed you are; but assure yourself, my lord, if you do not release me, but suffer me thus to die, my blood will be required at your hands."

My lord comforts him, and excuses, that it cannot yet be compassed: Sir Thomas, after the powder taken, languisheth deadly; and to comfort him, some followers of my lord of Rochester's are sent to him daily, in the name of my lord, by the appointment and procurement too of the lady of Essex (as Weston confessed) to visit and comfort him, and to intreat him if he desired any meat, that he should speak, and it might be better perhaps provided for him, than he should have in the Tower: this was about three months after his imprisonment.

He, as men sick desire luscious meats, desired tarts and jellies, which were provided by Mrs. Turner, with the knowledge of the said countess, and sent unto him, of which he did eat; the which tarts were poisoned with Mercury Sublimate, not being so well coloured as other tarts are, and Weston confessed that he was straitly charged not to taste thereof.

Sir T. thus continuing languishing with the extremity of sickness, until the 6th of Sep. when the aforesaid Mrs. Turner did procure an apothecary's boy for twenty pounds to poison a clyster, which was by the boy and Weston afterwards administered as good physick, upon the 7th day of October; after the receipt of the clyster, he fell into a great extremity of vomiting, and other purging, which left him not, till it caused his soul to leave his poisoned body: this Weston confessed and signed.-Being thus dead, he was presently and very unreverently buried in a pit, digged in a very mean place; on his body thus venomously infected, appeared divers blains and blisters: whereupon they, to take away as well his good name, as his life, did slanderously report, that he died of the French pox; but this report was cleared in court, by the depositions of his servants, and other men of worth there read.-That before his imprisonment, he had a clean and sound body, only he had an issue in his left arm, purposely made for the benefit of his nature, for the avoiding of rheum and ill humours, which, with continual sitting at his study, he had subjected himself unto. -He further observed the confession of the Lieutenant to be, that if any prisoner died there, his body was to be viewed, and inquisition to be taken by the coroner.

But sir T. Overbury's friends and others by

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no means might be suffered to see his body; and although it was reported, that there was an inquisition taken, yet it could by no means be found.

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sworn, declared viva voce, that he was sent by a privy-counsellor, a great man, to sir T. Overbury, to bring him to this great man, which he did; and coming back together over the water in a boat, sir T. was much discontented; the reason whereof he said was, That he was persuaded by the great man to withdraw himself from the court for some reasons which he disclosed not: And sir Dudley afterwards being sent by the lords, to know the resolution of sir T. touching the embassage, he found him to rely upon the lord of Somerset, saying, My precious chief knows the king's mind better than any, and I the mind of my precious chief. Richard Weston, the prisoner, examined, the 6th of October, 1615, coram Coke & Crew.

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 T. being both of the Temple together, much commending his singular honest and virtuous conversation; affirming, That he was addicted to no dishonest actions: and from this he proceeded to urge his sad usage in the Tower, where he might have no company, but the apothecary and the Walloon; and repeating the sending of the tarts and jellies in my lord of Somerset's name, he ended his speech with this saying, Pereat unus, ne pereant oinnes; · pereat peccaus, ne pereat Respub.' Then, by the commandment of the court, were read by Mr. Fenshaw the Examinations of divers witnesses taken before my lord chief justice and others, which in effect were as follows: Laurence Davies, servant to sir T. Overbury, examined the 15th of October, before the

Lord Chief Justice.

He saith, That he had served sir T. Overbury eight or nine years; in all which time he was very healthful, and never kept his bed for any sickness, only he was sometimes troubled with the spleen, for ease whereof, he had by the advice of his physician an issue made in his left arm; but before his imprisonment, he had no sores, blisters, or other defects in all his body. Also he saith, sir T. would have gone over upon the embassage, but was dissuaded by Somerset, who promised to bear him out: he complained, he needed not to be prisoner if Somerset would; and that if he died, his blood would be required at his hands.That Somerset was as good as his word, who told him at Newmarket, he would be even with sir T. Overbury.

Henry Payton, another servant of sir T. Overbury's, examined the 15th of October, 1615.

He affirmeth, that sir T. was of a very good constitution of body; that he used sometimes to run, to play at foils, and such like; that he was of a moderate diet, never had any sores, saving the issue in his arm. That sir T. wrote letters to Somerset, signifying that he needed not to lie in prison if Somerset would, and if he died, his blood should be required at his hands. -That sir T. at one of the clock at night, meeting Somerset in the gallery at Whitehall, had speeches with him touching the countess, whom he called base woman, and told Somerset, he would overthrow all the king's favours and honours; and upon displeasure between them at this conference, sir T. Overbury desired Somerset that he might have his portion duc, and he would shift for himself. Whereunto Somerset answered, And my legs are straight enough to carry me; and so flung away in anger. All which this examinate heard, being in a chamber next to the gallery.

Sir Dudley Diggs being present in court, and

He affirmeth, That before sir T. Overbury was in the Tower, he, this examinant, carried three letters to Somerset, from the lady Essex, to Royston, Newmarket, and Hampton-court, and he delivered answer to Mrs. Turner; and that upon the letter to Hampton-court, he had answer only by word of mouth, That his lordship would come: And that coming back, he

met with the countess and Mrs. Turner half way, in the coach, whom he told, that the lord only answered so; whereupon the countess strook out of the way into a farmer's house hard by, whither within a little space Somerset came, and that afterwards they met in the night at Mrs. Turner's house in Paternoster Row. And he confesseth, that of a year before sir T.'s imprisonment, no man carried letters between them but he.

Sir Thomas Monson examined the 5th of October, coram Coke & Crew.

sir T. Overbury was prisoner in the Tower;
He saith, that he never knew Weston until
and that he preferred him to the Lieutenant, to
be keeper of sir T. Overbury, at the request of
the countess.

Anne Turner, widow, examined the 11th of
October, 1615, coram Coke & Crew.

She saith, That Weston was an antient servant, and her husband's bailiff in the country: She denieth to have any thing to do in placing hin in the Tower; but saith, that the countess of Essex did effect it, and used the help of sir Thomas Monson therein.

Sir Jervis Elves examined the 3d of October, 1615, coram Coke & Crew,

He saith, He had a letter from sir T. Monson, requesting him, that Weston might be keeper of sir T. Overbury, and that he did perform it; and afterwards having conference with sir T. Monson, he told him, That his keeper was not to suffer any letters or tokens, or any things to be delivered unto him. Richard Weston the prisoner examined again.

He confesseth, He shewed him the glass that was delivered him by his son from the countess to the Lieutenant, and told him, that it came from the countess of Essex, and that he persuaded him not to give it to sir Thomas.

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