« VorigeDoorgaan »
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 bury's overthrow: he urged the evidence in the Arraignment.
examination of sir David Wood, and shewed
the reasons of the malice against hiin to be, for The Examination of George Rawlins.
that he was so great an impediment to atfecGeorge Rawlins, esq. the 15th of October, tions. Then he inade the dependency Nirs. 1013, saith, That upon the bruit of poisoning of Turner had to the lady, and Weston to Mrs. sir T. Overbury, being taxed of divers, for that | Turner, and how they all concluded to kill sir le stirred not in the matter, sir T. being his T. Overbury, the like whereof he said our fathers kinsman and means of his preferment; he did never saw before us; and he lamented the of loimself prefer a pecition to the king, that the place from whence che poison came, should be cause might be referred to the judges of the from the court, the place (said be) from whence law, for ordinary course of justice, rather than all men expect the:r sateties and protection. to the lords of the council, by thein to be exa Lastly, he observed the finger of God, eren
of which he had a gracious answer: in this, that the poison had been scarcely susand saith, that of fourteen days before the death pected at all, or enquired after, had it not been of sir T. Overbury, he could never be suffered ior the extraordinary strange things appearing to see him, either in bis chamber, or at the after his death, which was the first only cause window; wbich, Weston said, was the com- of suspicion and muttering. mandment of the lords and the Lieutenant. The evidence being given, Weston was de
And here the Lord Chief Justice declared u bat manded what he could say for himself? Who, a scandal they put upon his majesty and the although he had before confessed all his exastate, that a gentleman and a freeman, being minations to be true, yet he seemed to excuse Only committed upon contempt, should be more himselt in a kind of ignorance or unawares: streiglıtly and closely kept than a traitor or a be said, be received the said glass, and bond slave, so that neither his father, brother, thought it was not good, but desired the nor friend might possibly see him. And to that giving of it to sir Thomas ; being demanded, point, Mr. Overbury, iather to sir 1., swore, why he had formerly accused one Franklin, being present in court; who said, That his son for delivering hin the said glass from the counbeing prisoner in the Tower, and himself not be tess? (from whom indeed it was sent;) be ing suttered to have access untolum, found at last, confessed it was to save his child, and finally that Rochester was the man that withstood it. could say nothing that had any colour of naThe Lieutenant examined the 5th of October.
terial or substantial point to excuse or argue
innocency in him. So the court referred him Saitli, That after the death of sir T. Over
to the jury; who went together, and within a bury, Weston told hi'w, that he was neglected short space returned, being agreed upon their by the countess, and demanded bis reward: verdict, and there at the bar gave in, that Airs. Turner told him, the countess had not
Weston was guilty of the felonious murdering money; but afterwards he confessed, he had re
and poisoning of sir T. Overbury. And then ceived soine, and should have more ; and that
the clerk of the crown deinanded of Weston, Mr. James told him, my lord of Somerset would
what he could say for himself, why judgment reward him for the prios he took with sir T.
should not be pronounced against him accord. Overbury. He saith, That the tarts were senting to law? To which he answered, He referred from the countess to sir T. which looked ill-fa- bimself to my lord, and to the country. · And vouredly, and that the jellies with a little stand
then the lord chief justice, before he pronounced ing would be furred, and thinketh they were
sentence of death, spake to this eflect, that for prisone!: also Weston told him, that the apo- the duty of the place, he must say somewhat; thecary had 201. for giving the clyster, and that
and that to two several persons : First, to the he was poisoned with that clyster. Here was well observed by the court, as hy
auditory; and, secondly, to the prisoner.
And that which he spake to the auditory, he the queen's attorney, That Weston was not sin- divided into four parts : 1st, The manifestation gle in bis Confession, but whensoever he bad
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 Exuminations 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 Sheriff's of London,
For the 1st, he observed the finger of God
in the manifestation and bringing to light of Saitli, Weston being in his custody, he often persuaded him to put himself to be tried by his dowed with greatness, which cannot overcoine
this matter, having slept two years, being shacountry, telling him, fie would first kill himself, the cry of the people. and ask God forgiveness afterwards: and Wes
He observed also the providence and goodton answered, He hoped he would not inake anet to catch little birds, and let the great ones go. self and the rest of the judges, the day of the
ness of God, who put into the hearts of himThen Mr. Warr craving leave of the court to prisoner's last arraignment, when he stood mute, sperk, protested, in bis experience he never not to give judgment against him for that time, iouod a business so pr ied with degrees of but deter it till now; and low in the mean time
it pleased his majesty out of his gracious care | last of all, to that which he had to speak of Wesand pity, to send io the prisoner first the bishop ton the prisoner. of London, vext the bishop of Ely, to admo- : First, touching the wickedness of his fact, nish and persuade him for the saving of his he very seriously exhorted him to an unfeigned soul; who, after each of them had spent two confession and contrition for the same, declarhours with himn, it pleased God (when they ing unto him, how that his confession would be had left him) to move bis heart, so that now a satisfaction to God and the world, and that he did put himself to be tried by the country; by his faith and true repentance he would lay by which means (using Weston's own words) hold upon the merits of his Saviour. he said, the great flies shall not escape, but Me persuaded him, that no vain bope (which receive their punishment. For conclusion of is a witch) should keep bim back from giving bis first point he lastly observed, · Divinum satisfaction to the world, by discovering the
quiddamn 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 And lastly, taking occasion there to rememthis damned crime of poisoning, justice was the ber this poisoning to have been a popish trick, golden mean, and declared his majesty's reso- which he instanced by examples of one Gurlution streightly to execute justice for that nandus de Birlanus ; mentioned 22 Edw. 1. treason; and he used this saying, “ Nemo pru- Squier, that attempted to poison queen Elizadens,' &c. and desired God that this precedent belh's saddle ; Lopez, and Mrs. Turner : he of Overbury might be an example and terror the proceeded to give judgment, which was, against this horrible crime, and therefore it That the prisoner should be carried from might be called, “The great Oyer of poison- thence to the place from whence he came, and .ing.'
from thence to Tyburn, and there to be banged 3dly, He said, that at the arraignment there by the neck till he was dead. were certain criticks, who had given out, the Judgment being given, the lord chief justice prisoner should deny bis examinations; and cominanded, that the prisoner might have confound much fault, for that the examinations venient respite, and the company of some godly were read, the prisoner standing mute. But learned men to instruct him for his soul's health, for the first, how untrue it was, all the world He was afterwards executed at Tyburn, pursaw, the prisoner here confessing them all, suant to the sentence. At the time of his exe. being read and shewed unto him: and for the cution, sir Jolin Hollis (afterwards earl of second, besides that it was exceeding discreet Clare) and sir John Wentworth, out of friendand convenient the world should receive some ship to the earl of Somerset, rode to Tyburn, satisfaction in a cause of that nature, he cited and urged Weston to deny all that be had and shewed, that by the laws of the land they before confessed : but Weston being prepared ought and were bound to do so, notwithstanding for death, resisted their temptations, sealing the greatness of any, who might thereby be im- penitently the truth of bis confessions with his · peached; of whom he said, although this was last gasp; and sir John Hollis, sir John Went. unum crimen,' yet it was notó unicum crimen.' worth, together with Mr. Lumsden, who had
4thly, As touching the supposed practice or published a relation of the proceedings against conspiracy, he solemnly protested to God, he Weston at his arraignment, were afterwards knew of none, nor of any semblance or colour prosecuted in the Star-Chamber, for traducing thereot'; and therefore he much inveigbed the king's justice in those proceedings.* against the baseness and unwortbiness of such as went about so untruly and wickedly to slan * Bacon's Works, fol. edit. vol. 1. p. 80–86. der the course of justice. And so he came, 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 indicted for comforting, aiding and assisting took his trial being repeated verbatim, she was the said Weston, in the poisoning to death sir
*“ And now poor Mrs. Turner, Weston and death, not poisoned to death, though he had Franklyn, began the tragedy. Mrs. Turner's poison given him. Here was Coke glad how to day of mourning being better than the day of cast about to bring both ends together, Mrs. her birth, for she died very penitently, and Turner and Weston being already banged for shewed much modesty in her last act, which is killing Overbury with poison, but he, being the to be hoped was accepted with God; after that very quintessence of law, presently inforins the died Weston, and they was Franklyn arraigned, jury, that if a man be done to death with pisa wbo confessed that Overbury was siuothered to tols, poniards, swords, balter, poison, &c, so lie vol. II.
T. Overbury; to which she pleaded Not Guilty, need, but I should be better if I hnd your computting herself upon God and the country.* |pany to ease my mind. Let him know this ill Whereupon a sutñcient Jury of two knights, news: if I can get this done, yon shall have as and the rest esquies and freeholders of vid much money as you can demand, this is fair dlesex, were sworn and impannclied for the play.--Your sister, Frances Essex.” trial, whereof sir T. Fowler was foreman.
Sir Ed. Coke, lord chief justice, told her, / -1 Letter from the Countess to Dr. Forjan. that women must be covered in the church, but « Sweet Father; I must still crave your not when they are arraigned, and so caused her love, although I hope I have it, and shall deto put off her hat; which done, she covered her serve it better hereafter : remember the galls, hair with her bandkerchief, being before dressed for I fear though I have yet no cause but to be in her hair, and her hat over it.
contident, in you, yet I desire to have it as it Sir Laurence Hyde, the queen's attorney, is yet remaining well; so continue it still, if it opened the matter much to the effect as he be possible, and if you can you must send me did at Weston's Arraignment, shewing the some good fortune, alas ! I have need of it. trickedness and beinousness of poisoning : he Keep the lord still to me, for that I desire; shewed further, that there was one Dr. Forman, and be caretul you name me not to any body, dwelling in Lunbeth, who died very suddenly, for we have so many spies, that you must use and a little betore his death desired that he all your wits, and all little enough, for the might be buried very deep in the ground, or else wirid is against nie, and the heavens favour me (saith he) I shall tear you all.- To him, in his not, only happy in your love; I hope you will lite-time, often resorted the countess of Essex do me good, and if I be in grateful, let all misand Mrs. Turner, calling him father :f their chief coine unto me. Niy lord is lusty and cause of coming to him wits, that by force of merry, and drinketh with his men; and all the magick, he should procure the now earl of content be gives me, is to abuse me, and use Somersel, then viscount Rochester, to love her, me as doggedly as before : I think I shall and sir Arthur Manwaring to love Mrs. Tar- never be happy in this world, because he hinner, by whom, as it was there related, she had ders my good, and will ever, I think so; rethree children. About this business, the coun- meinber, I beg for God's sake, and get me tess of Essex wrote two Letters, one to Vrs. from this vile place.-Your attectio nate, loving Turner, another to Dr. Forman, as followeth: daughter, FRANCES Essex.-Give Turner warnThe Countess's Leiter to Mrs. Turner.
ing of all things, but not the lord : I would
not have any thing come out for fear of the [Burn this Letter.]
Lord Treasurer, for so they may tell my father “ Sweet Turner; I am out of all hope of and mother, and fill their ears full of toys." any good in this world, for my father, my There was also shewed in court certain picmother, and my brother said, I should lie with tures of a man and woman in copulation, made bin ; and my brother lIoward was here, and in lead, as also the mould of brass, wherein said, he would not come from this place all they were cast, a black scarf also full of white winter; so that all comfort is gone; and which crosses, which Mrs. Turner had in her custody. is worst of all
, my lord hath complained, that At the shewing of these, and inchanted papers he hath not lain with me, and I would not, and other pictures in court, there was heard a suffer him to use me. My father and mother crack from the scaffolds, which caused great are angry, but I had rather die a thousand times fear, tumult and confusion anong the spectaover ; for besides the sufferings, I shall lose tors, and throughout the hall, every one fearing his love if I lie with him. I will never desire hurt, as if the devil had been present, and to see bis face, if any lord do that unto me. My grown angry to have his workmanship shewed, lord is very well as ever he was, so as you may by such as were not his own scholars; and this see in what a miserable case I am. Fou may terror continuing about a quarter of an hour, send the party word of all; he sent me word afier silence proclaimed, the rest of the cunning all should be well, but I shall not be so happy tricks were likewise shewed. As the lord to love me. As you have taken Dr. Forman's wife being administratrix of pains all this while for me, so now do all you her husband, found Letters in packets, by which can, for never so unhappy as now; for I'am much was discovered; she was in court, and not able to endure the miseries that are coming deposed that Mrs. Turner came to her house on me, but I cannot be happy so long as this immediately after her husband's death, and did man liveth; therefore pray for me, for I have demnand certain pictures which were in her hus
- band's study; namely, one picture in way, be done to death, the indictment is good, if but very sumptuously apparelled in silks and sat, indicted for any of those ways: but the good tins, as also one other sitting in form of a naked lawyers of those times were not of that opinion, woman, spreading and laying forth her hair in but did believe that Mrs. Turner was directly a looking-glass, which dirs. Turner did confimurthered by lord Coke's law as Oierbury was dently affırın to be in a box, and that she knew without any law." Sir A. Wedon's Court and in what part or room of the study they were. Character of king James, p. 103.
Mrs. Forman further deposeth, ihat Álrs. Tur* 3 Co. Inst. 49. 135.
ner and her husband would be sometimes three } Complete list., or England, vol. iii. p. 693. or four hours locked up in bis study together,
Slie did depose further, that her husband had | allows me 2s. 6d. a-day for my boat-hire, and a ring would open like a watch.
10s, a-week for iny diet, I could have any moThere was also a Note shewed in the court, ney I would. Mercer replies, But, cousin, how made by Dr. Forman, and written in parch-can God bless you in this business? Franklin ment, signifying what ladies loved what lørds in answers, Let them talk of God that have to do the court; but the Lord Chief Justice would with hiin, my lord of Somerset and the countess not suffer it to be read openly in the court.- will bear me out in any thing I do; if you have
Mr. Turner sent Margaret her maid to Mrs. any suit, wherein you may do yourself any Forman, and wished that all such Letters and good, and I may gain by it, I will warrant you Papers as concerned the earl of Somerset, I will get it.- Frances deposeth, that Franklin or the countess of Essex, or any other great married bis sister, and that he thinketh in his personages, should be burnt; telling her, that conscience she was poisoned; and that upon the Council's Warrant should come to search soine discontent, he heard him say, He would the study, and that all his goods might be be banged never a whore or quean of them all. seized: whereupon she and her load Margaret, The Lord Chief Justice made a Speech upog with the consent of Mrs. Forman, burnt divers divers Examinations there read, That the earl Letters and Papers; but yet she kept some of Somerset gave directions, that of the powder witbout their privity.- There was also enchant- he sent to Overbury, that which should be left, ments shewed in court, written in parchment, should be brought back again : his pretext was, wherein were contained all the names of the that it should make bin sick: which should be blessed Trinity, mentioned in the scriptures; the ground to make the king grant bis liand in another parchinent, + B.+C.D.+ E. beriy, saying further, It would do Overbury and in a third likewise in parchment, were write good: and he had tarts and jellies likewise sent ten all the names of the Holy Trinity, as also a biin by the countess, with express commandfigure, in which was written this word Corpus; ment, that none must eat of them but sir and upon the parchment was fastened a little Tbomas, saying, they will do bim no harm.piece of the skin of a man.-In some of these At another time, the countess sent tarts, jellies parchments, were the devils particular names, and wine, with directions, that those which who were conjured to torment the lord Somer- had been formerly sent, should be brought set and sir Arthur Manwaring, if their loves back again : and those last brought, should be should not continue, the one to the countess, given him at supper, and then all should be the other to Mrs. Turner.
well: but directivos given, that neither the Mrs. Turner also confessed, that Dr. Savo- Lieutenant nor his wife might eat of them, but ries was used in succession after Forman, and they might drink of the wine, for in the tarts practised many sorceries upon the earl of Es. | and jellies there might be letters, but in the sex's person.--Mrs. Turner being in a manner wine there might be none. And afterwards it kept close prisoner in one of the sheriff's houses was openly related, and proved by divers Witin London, before she was brought to the bar, nesses, that those words letters were private toknew not that Weston was executed; but by kens between the countess, and the Lieutethe proceedings, having understanding thereof, nant, and Weston, to give notice what things and hearing divers Examinations read, it so were poisoned, and what not.-- In the examis much dejected her, that in a manner she spake nations that were of Weston, it was relater, nothing for herself. Also Examinations and that Mr. James told him, that the earl bis Witnesses, viva voce, that were produced at master would pay him for his pains about sir Weston's Arraignment, and divers others, were T. Overbury. now read again, as the Examinations of one Then the Lord Chief Justice gave in charge Edward Pain, Jobn Wright, and Robert Free to the jury, concerning the Evidence they had man,
formerly heard, and told themn, That Weston Symcots, Raulins, Payte, and Willians, at at his Examination, had confessed that all he one of these examinations, gave evidence, that had said formerly was true. He further reone Franklin, being an apothecary and drug- latod, what a great vexation and grief it was
gist, was the provider of all the poisons given to to the king, that Somerset only by making use sir Thomas Overbury.-A Chirurgeon there of his favour and love, so foul a fact was done; deposed, that he cured Franklin of the pox, and as, 1st, To be the occasion to put sir T. Overthat at several times he demanded of this Chi- bury to employment for the embassage at rurgeon, what was the strongest poison? The Russia ; and, 2dly, to make him refuse the Chirurgeon demanding of him what he would same, and to give right cause for his commitdo with it, Franklin replies, Nothing but for his ment: 3dly, To bear bin in band, that he experience, and to try conclusions. Another would work his liberty, but still avgravated and Examination of one Mercer, who had confer- laboured the contrary, and gave directions to ence with the said Franklin, calling him cou- the Lieutenant of the Tower, to look surely, to sin, who demanded of this examinant, What him, and to keep him close prisoner, and that news? He answered, I hear ill news, I am he should send to none of his friends, or they sorry that my old lord and master's son is found to him, urging great matters against him. insufficient, and not able to content the lady.- Sir Thomas Monson was often employed to Franklin replies, I have a hand in that business; I give directions to the Lieutenant therein; which I have a great friend of my lady of Essex, she was a most barbarous course to be so dealt
withal, only for a contempt : concluding, that she should not spend it either in hope or in Overbury was a close prisoner to all bis triends, imagination to get life, for that hope was but but open to all his enemies, such as Somerset a witch. Upon conclusion of which Speech, would have or send unto hiin.
he gave Judgment, and told her she had bad Then the Lord Chief Justice told Mrs. Tur- a very honourable Trial, by such men as he ner, that she had the seven deadly sins : viz. a had not seen for one of her rank and quality; whore, a bawd, a sorcerer, a witch, a papist, a aod so was delivered to the sheriffs. felon, and a murderer, the daughter of the Upon the Wednesday following, she was devil Forman; wishing her to repent, and to brought from the sheriff's in a coach to Newbecome a servant of Jesus Christ, and to pray gate, and was there put into a cart; and castto himn to cast out of ber those seven devils. ing money often among the people as she went
She desired the Lord Chief Justice tú be she was carried to Tyburn, where she was exegood unto ber, saying, she was ever brought up cuted, and whither many men and women of with the countess of Somerset, and had been fashion came in coaches to see her die : to of a long time her servant, and knew not that whom she made a speech, desiring them not to there was poison in any of those things sent to rejoice at her fall, but to take example by her; sir T. Overvury.
sbe exhorting them to serve God, and abandon Then the Jury went forth, and not long after pride, and all other sins; relating her breeding returned, hinding her Guilty. Who being with the countess of Somerset, having had no asked, what she had to say for herself why other ineans to maintain her and her children, Judyment should not be pronounced against but what came from the countess : and said her? she only desired favour, but could not farther, that when her hand was once in this speak any thing for weeping.
business, she knew the revealing of it would Then Judge Crook made another grave be her overthrow. The which, with other like Speech exhorting ber to repentance, and to speeches, and great penitency there shewed, prepare herselt ready for death; and that the moved the spectators to great pity and grief Little time which should be assigned her to live, for her.
105. The Trial of Sir Jervis Elwes, knt. Lieutenant of the Tower,
at the Guildhall of London, the 16th of November, for the
Murder of Sir Thomas Overbury: 13 James I. A. D. 1615. The form of the Indictment was the malicious said earl writ two Letters to Rochester containaiding, comforting, and abetting of Weston in ing these words: the poisoning and murdering of Overbury, whereupon it was laid against him as follows; The Earl of Northampton's Letter 10 Ro
chester. 1st, When Weston received the vial of poison of two inches long, to give sir T. he having the “ Sweet lord ; Think not I find pain in that glass in one hand, and broth for sir T. in the which gives me sweetest pleasure, which is any other hand, meeting the Lieutenant, asked him thing that falls from your pen; three things conthus, “Sir, shall I give it him now?' The Lieu-cur to my exceeding joy in your worthy letters, tenant reproved him; yet that night be gave it proof of your love, comfort in your words, and him in his broth: Ergo, the Lieutenant knew judgment in your writing ; you may believe the of the practice and poisoning of sir T. Over- words of him that will rather die than flatter bury, et qui non propulsat injuriam cum pos- you; my heart is full of the love of you; your sit,' insert. Cicero.-- Afier this was known to characters are no more pain for me to peruse, be poison, yet he kept Weston still: he fa- being as well acquainted with your hand as my voured, countenanced, and graced him, and own, the pain is no more than the cracking of one time sent him a cup of sack, and bid his a nut for the sweet kernel, or my niece's pain, man tell him, that he loved him as well as ever in the silver-dropping stream of your pen.-he did: all this while he paid bin no wages, [There the Lord Chief-Justice left off reading and as soon as Overbury died, Weston was re- for the bawdiness of it; then after in the Letter moved.—The countess wrote a letter to the followed] I spent two hours yesterday, promptLieutenant; with the letter she sent poisoned ing the Lieutenant with cautions and consideratarts to Overbury, and wine to the Lieutenant's tions; observing with whom he is to deal, that wife; and bade him give the tarts to Overbury, he might the better act his part, for the adrenfor there were letters in them, but his wife and ture in which be dealeth.-11. NORTHAMPTON." childreð might drink the wine, for she was sure there were no letters in it.-The earl of Nor
Another Letter to Rochester. thampton writ a letter to the Lieutenant con “Sweet lord; I cannot deliver unto you cerning the imprisonment of Overbury; the with what caution and consideration, &c. and
the Lieutenant looking to his business, wbich Co. Inst. 49, 135.
concerns no more than text affords,that march