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He saith, That he had divers tarts from the countess, to give to sir T. with caveats that he himself should not taste of them; and confesseth, that he thought they were poisoned.

He saith, Mrs. Turner appointed him to come to White-hall, and that she dealt with him to give sir T. Overbury the water, and told him, he should not drink thereof; and was promised a great reward, and he suspected it was poison. His son afterwards delivered him the glass, which he shewed to the Lieutenant, who rebuked him, and so he set the glass in a study near to sir T.'s chamber, but gave it him not; although he told Mrs. Turner, the next day, he had given the water, which made sir T. to vomit often, and to be exceeding sick. He saith, Mr. James and Mrs. Rawlins, servants to the countess, came often to know of the examinant, how sir T. Overbury did, and what he would eat; and they delivered him jellies and tarts, which he gave sir T. who did eat thereof.

He saith, he demanded of Mrs. Turner his reward, who answered, he was to have no reward until sir T. was dead, and he was promised a pursuivant's place; but confesseth, that afterwards, at two several times, he received secretly after the death of sir T. for a reward of Mrs. Turner from the countess, 1807.

Wm. Weston, son to the prisoner, examined.

He confesseth, he received a glass from the countess, by her servant, two inches long, being wrapped in paper, which he delivered to his father in the Tower.

Then was read the Confession of the Lieute

nant to the King.

He saith, That Weston met him, carrying sir T.'s supper in the one hand, and the glass in the other, and demanded of the Lieutenant this, Sir, shall I give it him now? Whereat the Lieutenant stepped to him, and asked him, What? To which Weston said, Why, sir, 'know you not what is to be done? And so the Lieutenant having made him to confess the matter, dissuaded him, and he seemed to be resolved not to do it: and afterwards this Weston confessed, that an apothecary had 201. for administering a clyster to sir T. Överbury. Weston, the prisoner, examined before the lord Zouch and others; Confesseth, That sir T. had a clyster which gave him sixty stools and a vomit; also being confronted with the writings of sir Jervis Elwes, and charged therewith, he confesseth the same to be true.

Simon Marson, musician, examined; Saith, He served sir T. Monson six years, and is preferred by him to the king's service, but waiteth sometimes upon sir T. Monson; he saith, That he received divers tarts and jellies from the countess of Essex, to be carried to the Lieutenant of the Tower for sir T. Overbury.

Paul de la Bell, examined;

T. Overbury a bath by Dr. Micham's advice, to cool his body, and that he saw his body very 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. George Rawlins, a kinsman to sir T. Overbury, examined;

Saith, That upon the bruit of the murder of sir T. he was taxed by some, why he made no prosecution; he thereupon made a petition, and delivered it to the king, that the examination of the cause might be referred to law, and denieth that he was persuaded by any to the contrary: he saith, that he coming often to the Tower to see sir T. could not be suffered to see him so much as out at the windows; and Weston told him, it was the commandment of the council, and of the Lieutenant.

The Lieutenant of the Tower examined, coram

Coke & Crew..

He saith, That after the death of sir T., Weston came to him, and told him he was much neglected and slighted by the countess, and could receive no reward; but afterwards he confessed he had received 1007, and should receive more: and the Lieutenant also saith, that sir T. Overbury was very angry with his apothecary at certain vomits which he had, and also at the tarts and jellies he had, which would be found within a day or two standing, ill-coloured, and that nobody did eat thereof but sir T.; and Weston confessed unto him, that the apothecary had 201. for administering the clyster.

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, as in the case of Sanquer and Turner, so especially in this, hath given straight charge of just and due examination to be had without any manner of partiality or fear in the world; to the intent, that as well the innocent might be freed, as the nocent and guilty severally pu nished.

And for this purpose, his majesty hath with his own hand written two sheets of paper on both sides, concerning justice to be administered to all parties which were to be examined which writing the Lord Chief Justice shewed missioners; and then he declared the king's to the Lord Mayor, and the rest of the comjustice, who, albeit the many favours and honours which his majesty had bestowed on the lord Somerset, and his nearness to his person, by reason of his office, yet he had committed him prisoner to the dean of Westminster's house, under the custody of sir Oliver St. John, and also had committed his lady. So having last of all, again, demanded of the prisoner, if he would put himself to be tried by the country? which he refused;

The court was adjourned until Monday folSaith, That on the 3d of July, he made sir lowing, at two of the clock in the afternoon.

On Monday the 23d of Oct. 1615, to which day the court was adjourned by the said commissioners, after proclamation made, the jury of life and death called, the prisoner Weston was set to the bar, and Mr. Fenshaw, Clerk of the Crown, declared unto him, that he had been formerly arraigned, and had pleaded Not Guilty; so he demanded of him, how he would be tried: whereupon the prisoner answered, By God and his country. And thereupon the jury being sworn, and the indictment being read as before, sir Lawrence Hyde, the queen's Attorney, being of counsel with 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 or woman were touched, the cause it was, and not he that touched them.

And therefore Weston being but a stranger to sir T. Overbury, and one, who by himself could reap no benefit by his death, it was against all reason that he would do it of himself, therefore, said he, I must needs open the whole plot; and he first declared the worth and honesty of sir T. Overbury, shewed his familiarity with Rochester, and how often he willed him to forbear the company of the lady Essex, terming her a vile and base woman, which stirred up the anger and malice of the countess against him.

But Mr. Attorney observed this notwithstanding that the Lieutenant did let him go away with the poison; and albeit he now denieth he ever gave the poison, yet said he delivered it: he confessed to Mrs. Turner he had done it, saying, it made him very sick, and to vomit often, demanding of her his reward; to which she answered, He was not to have his reward until sir T. were dead. Then be shewed how the last of June following, a certain pow der was sent in a letter to sir T. Overbury from Rochester, persuaded 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 14th of Sept. Weston and the apothecary ministered the clyster to sir T. which gave him sixty stools and vomits, and that he died the next day; he remembered the strangeness of the blotches and blisters on his body, being dead; he shewed how Weston came to Mrs. Turner for his reward, which was deferred till his death; and that he had received in secret from the countess by Mrs. Turner at several times for his reward 1801., and that the apothe cary had for his reward 207. __All which Weston had confessed to be true. Then remembering how ignominiously they buried him, not suffering any to see him, for fear he should be digged up again, and without any coroner's inquest that should be found; and thus he ended his speech.

And to all this opened and set forth by Mr. Attorney, Mr. Warr only added thus much, which he desired the Jury to consider. That Weston was servant to Mrs. Turner when sir T. was committed, and then he was entertained and made keeper to sir T. Overbury; and hav ing dispatched his business (sir T. being dead and poisoned), he stayed no longer at the Tower, but returns again to Mrs. Turner.

Then the lord chief justice exhorted the jury to take God before their eyes, and with equal balance to weigh as well the answer of the prisoner, as the proofs and examinations against him; declaring unto them how quietly and freely he had examined him from time to time,

And that afterwards, the king intended, for the honour and preferment of sir T. Overbury, to send him upon an embassage; whereunto he was willing, but was dealt with and persuaded by the lord Rochester, to disobey the king's direction and counsel, with promises that he would bear him out; by which contempt sir T. was committed to the Tower the 22d of April, 1613, Sir W. Wade being Lieutenant of the Tower: the 6th of May following, sir W. was removed, and sir J. Elwes put in his place. And the next day day after, Weston, by the procurement of the countess, was preferred to the service of the Lieutenant, and to be keeper of sir Thomas; which Weston had been servant to Mrs. 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 appointeding in the indictment be said to be with Rosalto kill and murder him. 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 useth not to take any water that should be delivered him, 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 9th of the same as if a man be indicted for murdering a man month of May, the said water was secretly sent with a dagger, and it fall out upon evidence to from the countess to Weston by his son; and have been done with a sword or with a rapier, the same night Weston meeting with the Lieu-or with neither, but with a staff; in this case tenant, and having sir T.'s supper in one hand, and the said glass in the other, he demanded of the Lieutenant, Sir, shall I give it him now? Whereupon the Lieutenant took him aside, and dissuaded him so far forth, that he confessed, he thanked God upon his knees, that he had met with him.

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the instrument skilleth not, so that the Jury find the murder. And so in this prisoner's case, if they would be satisfied of the poisoning, it skilleth not with what; therefore he requireth them to attend the proof. [3 Co. Inst. 49. 135.]

Then were read first the Examinations of Laurence Davies, as at the first Arraignment;

then of Henry Payton, both servants to sir T. Overbury; then of Weston himself formerly read.

Then the Examination of sir David Wood, taken the 21st of October 1615, since the first Arraignment.

He saith, He had obtained the king's consent to a suit, for which he was a petitioner, and that he was crossed by the lord Rochester and sir T. Overbury: that for certain words he had received from sir T. Overbury, he intended to bastinado him; that his suit would have been worth 22007, and that Rochester would not let it pass, unless he might have 1200l.

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Confesseth, That Mrs. Turner appointed hin to come to Whitehall to the countess, the next day that he was at the Tower; and that he went, and the countess did request him to give to sir T. Overbury a water, which she would deliver him, but not to drink of it himself; she promised to give him 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 rebuke him, 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 himself; and that that Mr. James and Mr. Rawlins, my lord of sir T. had much wronged her; and sir David Somerset's men, came often to know of him answered, That sir T. had refused him the what tarts, jellies, or wine sir T. would have, field; she persuaded him to kill him, and pro-and that they brought divers times tarts and mised him 1000l. for his reward, and protection jellies, whereof he did eat. from his enemies; which he refused, saying, He would be loth to hazard going to Tyburn upon a woman's word; but she still persuaded him he might easily do it, as he returned late home from sir Charles Wilmot's in his coach. Then were read the Examinations of sir T. Monson, and Mrs. Turner, as at the first Arraignment.

He confesseth to have received of the countess in rewards, after sir T. Overbury's death, by Mrs. Turner secretly, in all 180/. The Confession of the Lieutenant to his majesty.

After Weston was placed in the Tower, he met with me with sir Thomas's supper, and the glass, and asked me, Sir, shall I give it him now? wherein I protest unto your majesty my ignorance, as I would also be glad to protest 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 unto me, and knew all, but dissuaded house, the 29th of Sept. 1615, where Weston did confess, that he was preferred to the keeping of sir T. Overbury by Mrs. Turner, upon the means and request of sir T. Monson to the Lieutenant; and that she told him, If he would give sir T. Overbury a water which the countess would send him, he should be well rewarded; and being confronted with a relation in writing, which sir J. Elves had made to the king, as touching sir T. Overbury, he confessed the same to be all true.

him; and Weston has since the death of sir T. Overbury, confessed to me, that the clyster was his overthrow, and the apothecary had 201. for adininistring it. Your majesty's servant, sir JERVIS ELVES.

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Here the lord chief justice observed by this question of Weston to the lieutenant, Shall I give it him now? that it was certainly agreed and plotted before what should be done, and that nothing more was doubted on but the time when it should be done.

The Examination of the Lieutenant, taken the The Testimony of Lawrence Davies, taken upon

5th of October, 1615.

He saith, That having conferred with his ser. vants about the time of Weston's coming to the Tower, he found it to be the very next day after himself was made Lieutenant, and had the possession of the Tower; and that he had let ters from sir Thomas Monson, that Weston might be keeper to sir T. Overbury; which letters he had lost. Sir Thomas Monson told him the chief purpose of Weston's keeping of sir T. Overbury, was, to suffer no letters or -other messengers to pass to or from him, and to that purpose he advised the Lieutenant.

Weston's Examination the 5th of Oct. 1615. He confesseth, That the next day he was preferred to the Tower, he had the keeping of sir

Oath before Coke and Crew.

He affirmeth, that Weston delivered him a letter from sir Thomas Overbury to Rochester, the effect whereof was, that he would do his endeavour in being a means of friendship be tween Rochester and some others; but as touching the marriage with the countess of Essex, he would never give his consent: and also bringing a letter from Rochester to sir T. Overbury, he delivered it to Weston, and a paper of white powder fell out, which Rochester persuaded sir T. to eat, 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, that he saw some part of the powder in Weston's hands after the death of sir T. Overbury.

Then were read the Examinations of William | malice, which was the ground of sir T. Over-
Weston and Paul de la Bell, as at the first
Arraignment.

The Examination of George Rawlins. George Rawlins, esq. the 15th of October, 1615, saith, That upon the bruit of poisoning of sir T. Overbury, being taxed of divers, for that be stirred not in the matter, sir T. being his kinsman and means of his preferment; he did of himself prefer a petition to the king, that the cause might be referred to the judges of the law, for ordinary course of justice, rather than to the lords of the council, by them to be examined; of which he had a gracious auswer: and saith, that of fourteen days before the death of sir T. Overbury, he could never be suffered to see him, either in his chamber, or at the window; which, Weston said, was the commandment of the lords and the Lieutenant.

And here the Lord Chief Justice declared what a scandal they put upon his majesty and the state, that a gentleman and a freeman, being only committed upon contempt, should be more streightly and closely kept than a traitor or a bond slave, so that neither his father, brother, nor friend might possibly see him. And to that point, Mr. Overbury, father to sir T., swore, being present in court; who said, That his son being prisoner in the Tower, and himself not beJug suffered to have access unto hum, found at last, that Rochester was the man that withstood it. The Lieutenant examined the 5th of October.

Saith, That after the death of sir T. Overbury, Weston told him, that he was neglected by the countess, and demanded his reward: Airs. Turner told him, the countess had not money; but afterwards he confessed, he had received some, and should have more; and that Mr. James told him, my lord of Somerset would reward him for the pains he took with sir T. Overbury. He saith, That the tarts were sent from the countess to sir T. which looked ill-favouredly, and that the jellies with a little standing would be furred, and thinketh they were poisoned: also Weston told him, that the apothecary had 207. for giving the clyster, and that he was poisoned with that clyster.

bury's overthrow: he urged the evidence in the examination of sir David Wood, 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 T. Overbury, the like whereof he said our fathers never saw before us; and he lamented the place from whence the poison came, should be from the court, the place (said be) from whence all men expect their safeties and protection.

Lastly, he observed the finger of God, even in this, that the poison had been scarcely suspected at all, or enquired after, had it not been for the extraordinary strange things appearing after his death, which was the first only cause of suspicion and muttering.

The evidence being given, Weston was de|manded 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 kind of ignorance or unawares: be said, he received the said glass, and thought it was not good, but desired the giving of it to sir Thomas; being demanded, why he had formerly accused one Franklin, for delivering him the said glass from the countess? (from whom indeed it was sent ;) he confessed it was to save his child, and finally could say nothing that had any colour of material or substantial point to excuse or argue innocency in him. So the court referred him to the jury; who went together, and within a short space returned, being agreed upon their verdict, and there at the bar gave in, that Weston was guilty of the felonious murdering and poisoning of sir T. Overbury. And then the clerk of the crown demanded of Weston, what he could say for himself, why judgment should not be pronounced against him according to law? To which he answered, He.referred himself to my lord, and to 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 persons: First, to the auditory and, secondly, to the prisoner.

Here was well observed by the court, as by And that which he spake to the auditory, he the queen's attorney, That Weston was not sindivided into four parts: 1st, The manifestation gle in his Confession, but whensoever he had of the glory of God, and honour of the king. confessed any thing in any of his Examinations, 2dly, The preventing of other damned crimes it was likewise confirmed by the Examinations of poisoning. Sdly, An Answer to certain obof others, as the Lieutenant, his son, &c. jections. 4thly, That there is no practice of The EXAMINATION of William Goare, one of conspiracy in prosecuting of the business.

the Sheriffs of London.

Saith, Weston being in his custody, he often persuaded him to put himself to be tried by his country, telling him, he would first kill himself, and ask God forgiveness afterwards: and Weston answered, He hoped he would not make a net to catch little birds, and let the great ones go. Then Mr. Warr craving leave of the court to speak, protested, in his experience he never found a business so prosecuted with degrees of

For the 1st, he observed the finger of God in the manifestation and bringing to light of dowed with greatness, which cannot overcome this matter, having slept two years, being shathe cry of the people.

He observed also the providence and goodself and the rest of the judges, the day of the ness of God, who put into the hearts of himprisoner's last arraignment, when he stood mute, not to give judgment against him for that time, but defer it till now; and how in the mean time

last of all, to that which he had to speak of Weston the prisoner.

First, touching the wickedness of his fact, he very seriously exhorted him to an unfeigned confession and contrition for the same, declaring unto him, how that his confession would be a satisfaction to God and the world, and that by his faith and true repentance he would lay hold upon the merits of his Saviour.

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 persuade him for the saving of his soul; who, after each of them had spent two hours with him, it pleased God (when they had left him) to move bis heart, so that now he did put himself to be tried by the country; by which means (using Weston's own words) he said, the great flies shall not escape, but Hle persuaded him, that no vain hope (which receive their punishment. For conclusion of is a witch) should keep him back from giving his first point he lastly observed, Divinum satisfaction to the world, by discovering the quiddam in vulgi opinione,' that notwithstand-guiltiness of the great-ones; assuring him, that ing so many uncertain rumours touching this after this life, as death left him, so judgment case, at last it proved to be true. should find him.

2dly, He declared, how for prevention of this damned crime of poisoning, justice was the golden mean, and declared his majesty's resolution streightly to execute justice for that treason; and he used this saying, Nemo prudens,' &c. and desired God that this precedent of Overbury might be an example and terror against this horrible crime, and therefore it might be called, 'The great Oyer of poison'ing.'

3dly, He said, that at the arraignment there were certain criticks, who had given out, the prisoner should deny his examinations; and found much fault, for that the examinations were read, the prisoner standing mute. But for the first, how untrue it was, all the world saw, the prisoner here confessing them all, being read and shewed unto him: and for the second, besides that it was exceeding discreet and convenient the world should receive some satisfaction in a cause of that nature, he cited and shewed, that by the laws of the land they ought and were bound to do so, notwithstanding the greatness of any, who might thereby be impeached; of whom he said, although this was unum crimen,' yet it was not unicum crimen.' 4thly, As touching the supposed practice or conspiracy, he solemnly protested to God, he knew of none, nor of any semblance or colour thereof; and therefore he much inveighed against the baseness and unworthiness of such as went about so untruly and wickedly to slander the course of justice. And so he came,

And lastly, taking occasion there to remember this poisoning to have been a popish trick, which he instanced by examples of one Gurnandus de Birlanus; mentioned 22 Edw. 1. Squier, that attempted to poison queen Elizabeth's saddle; Lopez, and Mrs. Turner: he then proceeded to give judgment, which was,

That the prisoner should be carried from thence to the place from whence he came, and from thence to Tyburn, and there to be banged by the neck till he was dead.

Judgment being given, the lord chief justice commanded, that the prisoner might have convenient respite, and the company of some godly learned men to instruct him for his soul's health.

He was afterwards executed at Tyburn, pursuant to the sentence. At the time of his exe. cution, sir John Hollis (afterwards earl of Clare) and sir John Wentworth, out of friendship to the earl of Somerset, rode to Tyburn, and urged Weston to deny all that he had before confessed: but Weston being prepared for death, resisted their temptations, sealing penitently the truth of his confessions with his last gasp; and sir John Hollis, sir John Wentworth, together with Mr. Lumsden, who had published a relation of the proceedings against Weston at his arraignment, were afterwards prosecuted in the Star-Chamber, for traducing the king's justice in those proceedings.*

* Bacon's Works, fol. edit. vol. 1. p. 80—86. vol. iv. p. 282.

104. The Trial of ANNE TURNER,* Widow, at the King's-Bench, the 7th of November, for the Murder of Sir Thomas Överbury,

Mich. 13 JAMES I. A. D. 1615.

THE indictment whereupon Richard Weston took his trial being repeated verbatim, she was

"And now poor Mrs. Turner, Weston and Franklyn, began the tragedy. Mrs. Turner's day of mourning being better than the day of her birth, for she died very penitently, and shewed much modesty in her last act, which is to be hoped was accepted with God; after that died Weston, and then was Franklyn arraigned, who confessed that Overbury was smothered to

VOL. II.

indicted for comforting, aiding and assisting the said Weston, in the poisoning to death sir death, not poisoned to death, though he had poison given him. Here was Coke glad how to cast about to bring both ends together, Mrs. Turner and Weston being already hanged for killing Overbury with poison, but he, being the very quintessence of law, presently informs the jury, that if a man be done to death with pistols, poniards, swords, balter, poison, &c, so he 30

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