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was so well acquainted with foul lust; and so derstanding man, than like a loving friend, as indeed they found him, for he agreed and did appeareth by his letter sent to viscount Rochespromise to adıninister whatsoever she would ler, the effect whereof was thus, as it is averred send him. Mrs. Turner, upon this murderous by the deposition of sir T. Overbury's servants, promise, the very same day that Weston be- who saw the letter. came sir T. Overbury's keeper, being the 6th day of May, 1613, 'sent unto him the said Sir Thomas Overbury's Letter to the Viscount Weston certain yellow poison, called Rosalgar,
Rochester. in a vial.
"Sir; I wonder you have not yet found Weston having received that poison, the means to effect my delivery; but I reinember aforesaid 6th of May at night, bringing sir T. you said, you would be even with me (not susOverbury's supper in one hand, and the vial of pecting, as it seemeth, any, poisoning, but an poison in the oiber, ineets with the lieutenant, unkind forgetfulness of my Cord of Rochester) and asks him in these terms, · Sir, shall I give and so indeed you are; but assure yourself, my it him now?' Upon this word now,' the lord lord, if you do not release me, but suffer me chief justice deinurs, to aggravate the malici- thus to die, my blood will be required at your ousness; athrming that this particle “now,' hands." shewed a resolution to poison him. “What shall My lord comforts him, and excuses, that it you give him ' replies the lieutenant. Weston cannot yet be compassed : Sir Thomas, aster replies, as if you did not know, sir.' The lieu- the powder taken, languisheth deadly; and to tenant blaming him, he carries the poison into comfort him, some followers of my lord of an inner room, which Weston, the Oh of May, Rochester's are sent to him daily, in the name did administer to sir T. Overbury in broth. of my lord, by the appointment and procureThis was proved both by Weston and the lieu- ment tou of the lady of Essex (as Wesion contenant's confession.
fessed) to visit and comfort hini, and to intreat Weston having given this poison, which himn if he desired any meat, that be should speak, wrought very vehemently with him by vomits and it might be better perhaps provided for and extreme purging, he presently denlands his him, than he should have in the Tower: this reward of Mrs. Turner, who replies, " That the was about three months after his imprisonment. • man is not yet dead : perfect your work, and | --He, as men sick desire luscious meats, deyou shall have your bire.' This was also con sired tårts and jellies, which were provided by fessed by Weston under his marks.
Mrs. Turner, with the knowledge of the said Sir T. Overbury, by his close imprisonment, countess, and sent uuto bin, of which he did growing sick, and daily languishing, after three eat; the which tarts were poisoned with Mer. or four weeks space (considering he had not cury Sublimate, not being so well coloured as got his freedom and release, having no friends other tarts are, and Weston confessed that he suffered to come unto him, but only such as was straitly charged not to taste thereof. the earl sent to comfort him, of his own fol Sir T. thus continuing languishing with the lowers) writ to the earl to remember bis im- extremity of sickness, until the 6th of Sep. prisonment; who received answer, The time when the aforesaid Mrs. Turner did procure an
would not suffer, but so soon as possible might apothecary's boy for twenty pounds to poison a .be, he would hasten his delivery :' so indeed clyster, which was by the boy and Weston afterit seems he intended to do, but not so as sir T. wards administered as good physick, upon the Overbury conceived, whose true affection would 7th day of October; after the receipt of the not admit his judgment to debate the strange- clyster, he fell into a great extremity of vomitness of his imprisonment, which he might well ing, and other purging, which left him not, till think the earl might easily have relieved. it caused his soul to leave his poisoned body:
The 5th of June, viscount Rochester sent a this Weston confessed and signed.-Being thus letter to sir T. Overbury; in the letter be sent dead, he was presently and very unreverently him a white powder, willing sir T. to take it: buried in a pit, digged in a very mean place; • It will,' quoth be, ''make you more sick; but on his body thus venonnously infected, appeared • fear not, I will make this a means for your divers blains and blisters : whereupon they, to delivery, and for the recovery of your health.' take away as well his good name, as his life, did Sir T. Overbury never dreaming of base trea- slanderously report, that he died of the French chery, but conceiving it as a friendly policy, pox; but this report was cleared in court, by received the said powder, which wrought upon ihe depositions of his servants, and other men him inore vehemently; whereupon his sickness of worth there read. That before his imprisongrew more vehement or violent, and his lan- ment, he had a clean and sound body, only he guishment increased : which white powder, had an issue in his left arm, purposely made for upon Weston's confession, was poison. the benefit of his nature, for the avoiding of
Sir T. Overbury's sickness increasing, and rheum and ill humours, which, with continual with it his wondering that he could not in two sitting at his study, he had subjected himself months space be released, after his physick unto. -He further observed the confession of taking, he thus writes to the earl, lamenting his the Lieutenant to be, that if any prisoner died own estate; for his faith being thus shaken with there, his body was to be viewed, and inquisithe earl's unkindness, gave way for his judg- tion to be taken by the coroner. ment to scan those actions,
ber like an un But sir T, Overbury's friends and others by
no means might be suffered to see his body; | sworn, declared tita voce, that lie was sent by and although it was reported, that there was an a privy-counsellor, a great man, io sir T. Overinquisition taken, yet it could by no means be bury, to bring lins to this great man, which he found,
did; and coming back together over the water After Mr. Attorney bad ended his speech, in a boat, sir T. was much discontented ; the Mr. Warr, also of counsel for the king, declared reason whereof be said was, lhat he was perto the court what familiarity he had with sir T. suaded by the great inan to withdraw linself being both of the Temple together, much com from the court for some reasons which be dispending his singular honest and virtuous con closed not: And sir Dudley afterwards being versation ; aftirming, That he was addicted to sent by the lords, to know the resolution of no dishonest actions : and from this he pro sir T. touching the embassage, he found him ceeded to urge his sad usage in the Tower, to rely upon the lord of Somerset, saying, My where he might have no company, but the precious clief knows the king's mind better than apoihecary and the Walloon; and repeating any, and I the inind otiny precious chief. the sending of the tarts and jellies in my lord of Somersei's name, he ended his speech with Richard Weston, the prisoner, examined, the this saying, ' Pereat unus, ne pereant omnes ;
6th of October, 1615, coram Coke & Crew. pereat peccaus, ne pereat Respub.' Then, lle affirmeth, That before sir T. Overbury by the commandment of the court, were read
was in the Tower, he, this examinant, carried by Mr. Fenshaw the Exaininations of divers wit- three letters to Somerset, from the lady Essex, nesses taken before my lord chief justice and to Royston, Newmarket, and Hampton-court, others, which in effect were as follows:
and be delivered answer to Mrs. Turner; and Laurence Davies, servant to sir T, Overbury, that upon the letter to Hampton-court, be bad examined the 15th of October, before the ship would coine: And that coming back, he
answer only by word of mouth, That his lorida Lord Chief Justice.
met will, the countess and Mrs. Turner half He saith, That he had served sir T. Over way, in the coach, whom he told, that the loud bury eight or nine years; in all wbich rime he only answered so; whereupon the countess was very healthful, and never kept his bed for strook out of the way into a farmer's bouse any sickness, only be was sometimes troubled bird by, whither within a little space Somerset with the spleen, for ease whereof, he had by the caine, and that afterwards they met in the advice of his physician an issue inade in his lett night at Mrs. Turner's house in Paternoster arm ; but before his imprisonment, he had no Row, And he confesscth, that of a year before sores, blisters, or other defects in all his body. sir T.'s imprisonment, no man carried letters Also he saith, sir T. would have gone over upon between them but be. the embassnge, but was dissuaded by Somerset, Sir Thomas Monson examined the 5th of Ocwho promised to bear him out: he complained,
tober, coram Coke & Crew, he needed not to be prisoner if Somerset would; and that if he died, his blood would be required sir T. Overbury was prisoner in the Tower;
He saith, that he never knew Weston until at his hands. - That Somerset was as good as his word, who told hiin at Newmarket, he
and that he preferred him to the Lieutenant, to would be even with sir T. Overbury.
be keeper of sir T. Overbury, at the request of
the countess. llenry Payton, another servant of sir T. Over
Anne Turner, widow, examined the 11th of bury's, examined the 15th of October, 1615. October, 1615, coram Coke & Crew,
He affirmeth, hat sir T. was of a very good She saithi, That Weston was an antient serconstitution of body; that he used sometimes vant, and her husband's bailiff in the country: to run, to play at foils, and such like; that he She (leniech to have any thing to do in placing was of a moderate diei, never had any sores, hiin in the Tower ; but saith, that the countess saving the issue in his arın. That sir T. wrote of Essex did effect it, and used the belp of sir letters to Somerset, signitying that he needed Thomas Monson therein. not to lie in prison if Somerset would, and if he Sir Jerris Elves examined the 3d of October, died, his blood should be required at his hands. -That sir T. at one of the clock at night,
1615, coram Coke & Crew, meeting Somerset in the gallery at Whitehall,
Ile saith, He had a lctter from sir T. Monhad speeches with hiin touching the countess,
son, requesting him, that Weston might be whom he called base woman, and told Somer- keeper of sir T. Overbury, and that he did perset, he would overthrow all the king's favours form it; and afterwards having conference with and honours; and upon displeasure between
sir T. Monson, he told him, That his keeper them at this conference, sir T. Overbury de
was not to curier any letters or tokens, or any sired Somerset that he might have his pórtion things to be delivered unto him. duc, and he would shift for himseli: · Where - Richard Weston the prisoner examined again. unto Somerset answered, And my legs are Ile confesseth, le shewed him the glass that 'straight enough to carry me; and so fung away in ancer. All which this examinate heard, being to the Lieutenant, and told hiin, that it came
was delivered him by his son from the countess in a chainber next to the gallery.
from the countess of Essex, and that he per. Sir Dudley Diggs being present in court, and suaded bim not to give it to sir Thomas.
, 'That he had divers tarts from the | T. Overbury a bath by Dr. Micham's adrice, countess, to give to sir T. with caveats that he to cool his body, and that he saw his body very himself should not taste of themı; and confess- exceeding fair and clear; and again, he saw eth, that he thought they were poisoned. his body, being dead, full of blisters, and so
He saith, Mrs. Turner appointed bim to consumed away, as he never saw the like body. come to White-hall
, and that she dealt with George Rawlins, a kinsman to sir T. Overbury, him to give sir T. Overbury the water, and
examined ; told him, he should not drink thereof; and
Saith, That upon the bruit of the murder of was promised a great reward, and he suspecied sir T. he was taxed by some, why he made no it was poison. His son afterwards delivered prosecution; he thereupon made a petition, him the glass, which he shewed to the Lieute and delivered it to the king, that the examinanant, who rebuked him, and so he set the glass tion of the cause might be referred to law, and in a study near to sir T.'s chamber, but gave denieth that he was persuaded by any to the it him not; although he told Mrs. Turner, the contrary: he saith, that he coming often to the next day, he had given the water, which made Tower to see sir T. could not be suffered to see sir T. to vomit often, and to be exceeding sick him so much as out at the windows; and Wes
He saith, Mr. James and Mrs. Rawlins, ser ton told him, it was the commandinent of the vants to the countess, came often to know of council, and of the Lieutenant. the examinant, how sir T. Overbury did, aod what lie would eat; and they delivered him The Lieutenant of the Tower examined, corana
Coke & Crew.. jellies and tarts, which he gave sir T. who did
He saith, That after the death of sir T., eat thereof.
Ile saith, he demanded of Mrs. Turner his Weston came to him, and told him he was reward, who answered, he was to have no re
much neglected and slighted by the countess, ward until sir T. was dead, and he was promise and could receive no reward; but afterwards ed a pursuivant's place ; but confesseth, that he confessed he had received 1001, and should afterwards, at two several times, be received receive more: and the Lieutenant also saith, secretly after the death of sir T. for a reward of that sir T. Overbury was very angry with his Mrs. Turner from the countess, 1807.
apothecary at certain vomits which he had,
and also at the tarts and jellies he had, Wm. Weston, son to the prisoner, examined. which would be found within a day or two
Ile confesseth, he received a glass from the standing, ill-coloured, and that nobody did eat countess, by her servant, two inches long, being thereof but sir T.; and Weston confessed unto wrapped in paper, which he delivered tv his fa- him, that the apothecary had 201, for administher in the Tower.
tering the clyster. Then was read the Confession of the Lieute These Examinations being read, and applied nant to the King.
to the purpose, the Lord Chief Justice said, he He saith, That Weston met him, carrying would discharge his duty, first to God, in giving sir T.'s supper in the one hand, and the glass all glory, for the bringing to light of so horrible in the other, and demanded of the Lieutenant and wicked a fact; and next to the king his this, “Sir, shall I give it him now?" Whereat great master, who as in case of the like nature, the Lieutenant stepped to him, and asked him, as in the case of Sanquer aod Turner, so espe• What? To which Weston said, "Why, sir, cially in this, hath given straight charge of just know you not what is to be done? And so and due examination to be had without any the Lieutenant having made him to confess the manner of partiality or fear in the world ; to inatter, dissuaded hiin, and he seemed to be the intent, that as well the innocent might be resolved not to do it: and afterwards this Wes- freed, as the nocent and guilty severally puton confessed, that an apothecary had 201. for nished. administering a clyster to sir T. Óverbury. And for this purpose, his majesty hath with Weston, the prisoner, examined before the lord bis own hand written two sheets of paper on Zouch and others;
both sides, concerning justice to be administerConfesseth, That sir T. had a clyster whiched to all parties which were to be examined; gave him sixty stools and a vomit; also being which writing the Lord Chief Justice shewed confronted with the writings of sir Jervis Elwes, to the Lord Mayor, and the rest of the comand charged therewith, he confesseth the same
missioners; and then be declared the king's to be true.
justice, who, albeit the many favours and bo
nours which his majesty had bestowed on the Simon Marson, musician, examined ; lord Somerset, and his nearness to his person, Saith, He served sir T. Monson six years, by reason of his office, yet he had committed and is preferred by him to the king's service, him prisoner to the dean of Westminster's but waiteth sometimes upon sir T. Monson; house, under the custudy of sir Oliver St. John, he saith, That he received divers tarts and and also had committed his lady. So having jellies from the countess of Essex, to be carried to the Lieutenant of the Tower for sir T. he would put himself to be tried by the coun
last of all, again, demanded of the prisoner, if Overbury.
try? which he refused ; Paul de la Bell, examined;
The court was adjourned until Monday fol. Saith, That on the 3d of July, he made sir | lowing, at two of the clock in the afternoon.
On Monday the 23d of Oct. 16 15, to which But Mr. Attorney observed this notwithday the court was adjourned by the said com- standing that the Lieutenant did let him go missioners, after proelamation made, the jury | away with the poison ; and albeit he now deof life and death called, the prisoner Weston nieth be ever gave the poison, yet said he was set to the bar, and Mr. Fenshaw, Clerk of delivered it: he confessed to Mrs. Turner he the Crown, declared unto him, that he had had done it, saying, it made him very sick, and been formerly arraigned, and had pleaded Not to vomit often, demanding of her his reward; Guilty; so be demanded of him, how he would to which she answered, He was not to have his be tried : whereupon the prisoner answered, reward until sir T. were dead. Then be shewed By God and his country. And thereupon the how the last of June following, a certain powe jury being sworn, and the indictment being der was sent in a letter to sir Ï'. Overbury from read as before, sir Lawrence Hyde, the queen's Rochester, persuaded him not to fear though it Attorney, being of counsel with the king, have made hin sick, for that should be bis reason to ing brietly rehearsed the effect of the indict- move the king for his enlargement. And that ment, shewed how that he mast necessarily the 14th of Sept. Weston and the apothecary mention others that were guilty of the same ministered the clyster to sir T. which gave him fact, wherein if any other man or woman were sixty stools and vomits, and that he died the touched, the cause it was, and not he that next day; he remembered the strangeness of touched them.
the blotches and blisters on his body, being And therefore Weston being but a stranger dead; he shewed how Weston came to Mrs. to sir T. Overbury, and one, wbo by himself Turner for his reward, wbich was deferred till could reap no benefit by his death, it was his death; and that he had received in secret against all reason that he would do it of him from the countess by Mrs. Turner at several self, therefore, said he, I must needs open the times for his reward 1801., and that the apothewhole plot; and he first declared the worth cary had for his reward 201. All which Weston and honesty of sir T. Overbury, shewed his fa- had confessed to be true. Then remembering miliarity with Rochester, and how often he how ignominiously they buried bim, not sufferwilled him to forbear the company of the lady ing any to see him, for fear he should be digged Essex, terming her a vile and base woman, up again, and without any coroner's inquest which stirred up the anger and malice of the that should be found ; and thus he ended his countess against him.
speech. And that afterwards, the king intended, for And to all this opened and set forth by Mr. the honour and preferment of sir T. Overbury, to Attorney, Mr. Warr only added thus much, send him upon an embassage; whereunto he was which he desired the Jury to consider. That willing, but was dealt with and persuaded by Weston was servant to Mrs. Turner when sir T. tbe lord Rochester, to disobey the king's direc was committed, and then he was entertained tion and counsel, with promises that he would and made keeper to sir T. Overbury; and have bear him out; by which contempt sir T. was ing dispatched his business (sir T. being dead committed to the Tower the 22d of April, and poisoned), he stayed no longer at the 1613, Sir W. Wade being Lieutenant of the Tower, but returns again to Mrs. Turner. Tower: the 6th of May following, sir W. was re Then the lord chiet justice exhorted the jury moved, and sir J. Elwes put in his place. And to take God before their eyes, and with equal the next day day after, Weston, by the pro- balance to weigh as well the answer of the curement of the countess, was preferred to the prisoner, as the proofs and examinations against service of the Lieutenant, and to be keeper of him; declaring unto them how quietly and sir Thomas; which Weston had been servant freely he had examined him from time to time, to Dirs. Turner, and the only agent in convey without menacing or rough usage, which the ing letters and messages between Rochester prisoner confessed: and my lord, for matter of and the countess; and he, whose office should law, satisfied the Jury, That albeit the poisonhave been to save and keep, was now appointed ing in the indictment be said to be with Rosal. to kill and murder bim. He shewed how the gar, White Arsenick, and Mercury Sublimate, very same day of his entertainment at the yet the Jury were not to expect precise proof Tower, he was sent for to the countess, who in that point, shewing how impossible it were persuaded him, that if he would give sir T. a to convict a poisoner who usetb not to take any water that should be delivered bim, he should be witnesses to the composing of his sibber sauces: well rewarded, and she bid him not taste of it wherefore he declared the law in the like case; himself. And that on the oth of the same as if a man be indicred for murdering a man month of May, the said water was secretly sent with a dagyer, and it fall out upon evidence to from the countess to Weston by his son; and bare been done with a sword or with a rapier, the same night Weston meeting with the Lieu or with neitber, but with a staff; in this case tenant, and having sir T.'s supper in one hand, the instrument skilleth not, so that the Jury and the said glass in the other, he demanded of find the murder. And so in this prisoner's the Lieutenant, “Sir, shall I give it him now?' case, if they would be satisfied of the poisoning, Whereupon the Lieutenant took him aside, it skilleth not with what; therefore he requiresh and dissuaded him so far forth, that he con- them to attend the proof. (3 Co. Inst. 19. 135.] fessed, he thanked God upon his knees, that he Then were read first the Examinations of bad met with him.
Laurence Davies, as at the first Arraignment;
then of Henry Payton, both servants to sir | T. Overbury, and soon after he received the T. Overbury; then of Weston bioself formerly glass by his son secretly from the countess; and read.
that the Lieutenant told him, all the tarts came
likewise from her: and he confesseth, the counThen the Examination of sir David Wood, tess willed him to give them to sir T. but not to taken the 21st of October 1615, since the
taste of them himself, first Arraignment.
Weston's Examination the 1st of Oct. 1615. He saith, He bad obtained the king's consent to a suit, for which he was a petitioner,
Confesseth, That Mrs. Turner appointed hiia and that he was crossed by the lord Rochester to come to Whitehall to the councess, the next and sir T. Overbury : that for certain words he day that he was at the Tower; and that he had received from sir T. Overbury, he intended went, and the countess did request him to give to bastinado him; that bis suit would have been to sir T. Overbury a water, which she would worth 22001, and that Rochester would not let deliver hin, but not to driuk of it hinself; she it pass, unless be might have 12001.
promised to give bim a good reward, and he That the lady Essex sent for this examinant suspected it was poison : he received the glass upon the day that the king and queen went to by his son, and told the Lieutenant of it, who Rochester with the lady Elizabeth, and told did rehuke hin, and he set the glass into a lithim, she understood that he had received much tle study. He confesseth, he told Mrs. Turner wrong from sir T. Overbury, and that be was a
he had given it him, and demanded his reward; gentleman that could revenge bimself; and that that Mr. James and Mr. Rawlins, my lord of sir T. bad inuch wronged her; and sir David Somersets men, cane often to know of him answered, That sir T. had refused him the wbat tarts, jellies, or wine sir T. would hare, field; she persuaded him to kill him, and pro- and that they brought divers times tarts and mised hini 1000l. for his reward, and protection jellies, whereof lie did eat. from his enemies; which he refused, saying,
IIe confesseth to have received of the counHe would be loth to hazard going to Tyburn tess in rewards, after sir 7. Overbury's death, upon a woman's word; but she still persuaded by Mrs. Turner secretly, in all 1801. hiin he might easily do it, as he returned late The Confession of the Lieutenant to his majesty. home from sir Charles Wilinot's in his coach.
After Weston was placed in the Tower, be Then were read the Examinations of sir T.
met with me with sir Thomas's supper, and the Monson, and Mrs. Turner, as at the first glass, and asked ine, “Sir, shall I give it hiin Arraignment.
now?' wherein I protest unto your inajesty my
ignorance, as I would also be glad to protest Next, the examination of Weston before the the same to the world: so I privately conferred lord Zouch and sir Ralph Windwood, sir T. with Weston, and by this means made him asParry, and sir Foulke Grevill
, at the Duchy- sured onto me, and knew all, but dissuaded house, the 29th of Sept. 1615, where Weston bion; and Weston has since the death of sir T. did confess, that he was preferred to the keep- Overbury, confessed to me, that the clyster was ing of sir T. Overbury by Mrs. Turner, upon lus overthrow, and the apothecary had 20l. for the means and request of sir T. Monson to the adininistring it. Your majesty's servant, sir Lieutenant; and that she told him, If be would Jervis Elvis. give sir T.Overbury a water which the countess
Here the lord chief justice observed by this · would send hin, he should be well rewarded; question of Weston to the lieutenant, Shall I and being contronted with a relation in writing, give it him now?' that it was certainly agreed which sir J. Elves had made to the king, as touching sir T. Overbury, he confessed the that nothing more was doubted on but the time
and plotted before what should be done, and same to be all true.
when it should be done. The Examination of the Lieutenant, taken the The Testimony of Lawrence Davies, taken upon 5th of Ociolier, 1615.
Oath before Coke and Crew. He saith, That having conferred with his ser He affirmetb, that Weston delivered hiin a yants about the time of Weston's coming to the letter from sir Thomas Overbury to Rochester, Tower, he found it to be the very next day the effect whereof was, that he would do his after himself was made Lieutenant, and had the endeavour in being a means of friendship bepossession of the Tower; and that he had let. tween Rochester and some others; but as ters froin sir Thomas Monson, that Weston touching the marriage with the countess of might be keeper to sir T. Overbury; which Essex, he would never give his consent: and letters he had lost. Sir Thomas Monson told also bringing a letter from Rochester to sir 'T. him the chief purpose of Weston's keeping of Overbury, he delivered it to Weston, and a sir T. Overbury, was, to sulier no letiers or paper of white powder fell out, which Rochesother motsengers to pass to or from bim, and ter persuaded sir T. to eat, and not to fear, to that purpose he advised the Lieutenant. Though it made him sick, for that should be a
means for his enlargement; so they put the Weston's Examination the 5th of Oct. 1615.
powder into the letter again. He saith, that he He confesseth, That the next day he was pre saw some part of the powder in Weston's hands ferred to the Tower, be had the keeping of sir after the death of sir T. Orerbury.