T. Overbury; to which she pleaded Not Guilty, | putting herself upon God and the country. Whereupon a sufficient Jury of two knights, and the rest esquires and freeholders of Middlesex, were sworn and impannelled for the trial, whereof sir T. Fowler was foreman.

Sir Ed. Coke, lord chief justice, told her, that women must be covered in the church, but not when they are arraigued, and so caused her to put off her hat; which done, she covered her hair with her handkerchief, being before dressed in her hair, and her hat over it.

need, but I should be better if I had your company to ease my mind. Let him know this ill news: if I can get this done, you shall have as much money as you can demand, this is fair play.-Your sister, FRANCES ESSEX.”

A LETTER from the Countess to Dr. Forman. "Sweet Father; I must still crave your love, although I hope I have it, and shall deserve it better hereafter: remember the galls, for I fear though I have yet no cause but to be confident, in you, yet I desire to have it as it is yet remaining well; so continue it still, if it be possible, and if you can you must send me some good fortune, alas! I have need of it. Keep the lord still to me, for that I desire; and be careful you name me not to any body, for we have so many spies, that you must use all your wits, and all little enough, for the

Sir Laurence Hyde, the queen's attorney, opened the matter much to the effect as he did at Weston's Arraignment, shewing the wickedness and heinousness of poisoning: he shewed further, that there was one Dr. Forman, dwelling in Lambeth, who died very suddenly, and a little before his death desired that he might be buried very deep in the ground, or elseworld is against me, and the heavens favour me (saith he) I shall fear you all.-To him, in his life-time, often resorted the countess of Essex and Mrs. Turner, calling him father: their cause of coming to him was, that by force of magick, he should procure the now earl of Somerset, then viscount Rochester, to love her, and sir Arthur Manwaring to love Mrs. Turner, by whom, as it was there related, she had three children. About this business, the coun-member, I beg for God's sake, and get me tess of Essex wrote two Letters, one to Mrs. Turner, another to Dr. Forman, as followeth : The Countess's LEITER to Mrs. Turner. [Burn this Letter.]

"Sweet Turner; I am out of all hope of any good in this world, for my father, my mother, and my brother said, I should lie with him; and my brother Howard was here, and said, he would not come from this place all winter; so that all comfort is gone; and which is worst of all, my lord hath complained, that he hath not lain with me, and I would not suffer him to use me. My father and mother are angry, but I had rather die a thousand times over; for besides the sufferings, I shall lose his love if I lie with him. I will never desire to see his face, if my lord do that unto me. My lord is very well as ever he was, so as you may see in what a miserable case I am. You may send the party word of all; he sent me word all should be well, but I shall not be so happy as the lord to love me. As you have taken pains all this while for me, so now do all you can, for never so unhappy as now; for I am not able to endure the miseries that are coming on me, but I cannot be happy so long as this man liveth: therefore pray for me, for I have

not, only happy in your love; I hope you will do me good, and if I be ingrateful, let all mischief come unto me. My lord is lusty and merry, and drinketh with his men; and all the content be gives me, is to abuse me, and use me as doggedly as before: I think I shall never be happy in this world, because he hinders my good, and will ever, I think so; re

from this vile place.-Your affectionate, loving daughter, FRANCES ESSEX.-Give Turner warning of all things, but not the lord: I would not have any thing come out for fear of the Lord Treasurer, for so they may tell my father and mother, and fill their ears full of toys."

There was also shewed in court certain pictures of a man and woman in copulation, made in lead, as also the mould of brass, wherein they were cast, a black scarf also full of white crosses, which Mrs. Turner had in her custody. At the shewing of these, and inchanted papers and other pictures in court, there was heard a crack from the scaffolds, which caused great fear, tumult and confusion among the spectators, and throughout the hall, every one fearing hurt, as if the devil had been present, and grown angry to have his workmanship shewed, by such as were not his own scholars; and this terror continuing about a quarter of an hour, after silence proclaimed, the rest of the cunning tricks were likewise shewed.

Dr. Forman's wife being administratrix of her husband, found Letters in packets, by which much was discovered; she was in court, and deposed that Mrs. Turner came to her house immediately after her husband's death, and did demand certain pictures which were in her husband's study; namely, one picture in wax, very sumptuously apparelled in silks and sattins, as also one other sitting in form of a naked woman, spreading and laying forth her hair in a looking-glass, which Mrs. Turner did confidently affirin to be in a box, and that she knew in what part or room of the study they were.Mrs. Forman further deposeth, that Mrs. Turner and her husband would be sometimes three Complete Hist., of England, vol. iii. p. 693. or four hours locked up in his study together,

be done to death, the indictment is good, if but indicted for any of those ways: but the good lawyers of those times were not of that opinion, but did believe that Mrs. Turner was directly murthered by lord Coke's law as Overbury was without any law." Sir A. Wedon's Court and Character of king James, p. 103.

* 3 Co. Inst. 49. 135.

She did depose further, that her husband had a ring would open like a watch.

allows me 2s. 6d. a-day for my boat-hire, and 10s. a-week for my diet, I could have any money I would. Mercer replies, But, cousin, how can God bless you in this business? Franklin answers, Let them talk of God that have to do with him, my lord of Somerset and the countess will bear me out in any thing I do; if you have any suit, wherein you may do yourself any good, and I may gain by it, I will warrant you I will get it.-Frances deposeth, that Franklin married his sister, and that he thinketh in his conscience she was poisoned; and that upon soine discontent, he heard him say, IIe would be hanged never a whore or quean of them all.

There was also a Note shewed in the court, made by Dr. Forman, and written in parchment, signifying what ladies loved what lords in the court; but the Lord Chief Justice would not suffer it to be read openly in the court.Mr. Turner sent Margaret her maid to Mrs. Forman, and wished that all such Letters and Papers as concerned the earl of Somerset, or the countess of Essex, or any other great personages, should be burnt; telling her, that the Council's Warrant should come to search the study, and that all his goods might be seized: whereupon she and her inaid Margaret, with the consent of Mrs. Forman, burnt divers Letters and Papers; but yet she kept some without their privity.-There was also enchantments shewed in court, written in parchment, wherein were contained all the naines of the blessed Trinity, mentioned in the scriptures; and in another parchment, +B.+C.+D.+E. | berty, saying further, It would do Overbury and in a third likewise in parchment, were written all the names of the Holy Trinity, as also a figure, in which was written this word Corpus; and upon the parchment was fastened a little piece of the skin of a man.-In some of these parchments, were the devils particular names, who were conjured to torment the lord Somerset and sir Arthur Manwaring, if their loves should not continue, the one to the countess, the other to Mrs. Turner.

Mrs. Turner also confessed, that Dr. Savories was used in succession after Forman, and practised many sorceries upon the earl of Essex's person. Mrs. Turner being in a manner kept close prisoner in one of the sheriff's houses in London, before she was brought to the bar, knew not that Weston was executed; but by the proceedings, having understanding thereof, and hearing divers Examinations read, it so much dejected her, that in a manner she spake nothing for herself. Also Examinations and Witnesses, viva voce, that were produced at Weston's Arraignment, and divers others, were now read again, as the Examinations of one Edward Pain, John Wright, and Robert Free

man.

The Lord Chief Justice made a Speech upon divers Examinations there read, That the earl of Somerset gave directions, that of the powder he sent to Overbury, that which should be left, should be brought back again : bis pretext was, that it should make him sick: which should be the ground to make the king grant his ligood: and he had tarts and jellies likewise sent him by the countess, with express commandment, that none must eat of them but sir Thomas, saying, they will do him no harm.At another time, the countess sent tarts, jellies and wine, with directions, that those which had been formerly sent, should be brought back again: and those last brought, should be given him at supper, and then all should be well: but directions given, that neither the Lieutenant nor his wife might eat of them, but they might drink of the wine, for in the tarts and jellies there might be letters, but in the wine there might be none. And afterwards it was openly related, and proved by divers Witnesses, that those words letters were private tokens between the countess, and the Lieutenant, and Weston, to give notice what things were poisoned, and what not.--In the examinations that were of Weston, it was related, that Mr. James told him, that the earl his master would pay him for his pains about sir T. Overbury.

Then the Lord Chief Justice gave in charge to the jury, concerning the Evidence they had formerly heard, and told them, That Weston Symcots, Raulins, Payte, and Williams, 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-lated, what a great vexation and grief it was gist, was the provider of all the poisons given to Sir Thomas Overbury.-A Chirurgeon there deposed, that he cured Franklin of the pox, and that at several times he demanded of this Chirurgeon, what was the strongest poison? The Chirurgeon demanding of him what he would do with it, Franklin replies, Nothing but for his experience, and to try conclusions. Another Examination of one Mercer, who had conference with the said Franklin, calling him cousin, who demanded of this examinant, What news? He answered, I hear ill news, I am sorry that my old lord and master's son is found insufficient, and not able to content the lady. Franklin replies, I have a hand in that business; I have a great friend of my lady of Essex, she

to the king, that Somerset only by making use of his favour and love, so foul a fact was done; as, 1st, To be the occasion to put sir T. Overbury to employment for the embassage at Russia; and, 2dly, to make him refuse the same, and to give right cause for his commitment: 3dly, To bear him in hand, that be would work his liberty, but still aggravated and laboured the contrary, and gave directions to the Lieutenant of the Tower, to look surely to him, and to keep him close prisoner, and that he should send to none of his friends, or they to him, urging great matters against him.Sir Thomas Monson was often employed to give directions to the Lieutenant therein; which was a most barbarous course to be so dealt

withal, only for a contempt : concluding, that Overbury was a close prisoner to all his friends, but open to all his enemies, such as Somerset would have or send unto him.

Then the Lord Chief Justice told Mrs. Turner, that she had the seven deadly sins: viz. a whore, a bawd, a sorcerer, a witch, a papist, a felon, and a murderer, the daughter of the devil Forman; wishing her to repent, and to become a servant of Jesus Christ, and to pray to him to cast out of her those seven devils.

She desired the Lord Chief Justice to be good unto her, saying, she was ever brought up with the countess of Somerset, and had been of a long time her servant, and knew not that there was poison in any of those things sent to sir T. Overbury.

Then the Jury went forth, and not long after returned, finding her Guilty. - Who being asked, what she had to say for herself why Judgment should not be pronounced against her? she only desired favour, but could not speak any thing for weeping.

Then Judge Crook made another grave Speech exhorting her to repentance, and to prepare herself ready for death; and that the little time which should be assigned her to live,

she should not spend it either in hope or in imagination to get life, for that hope was but a witch. Upon conclusion of which Speech, he gave Judgment, and told her she had had a very honourable Trial, by such men as he had not seen for one of her rank and quality; and so was delivered to the sheriffs.

Upon the Wednesday following, she was brought from the sheriff's in a coach to Newgate, and was there put into a cart; and casting money often among the people as she went she was carried to Tyburn, where she was executed, and whither many men and women of fashion came in coaches to see her die: to whom she made a speech, desiring them not to rejoice at her fall, but to take example by her; she exhorting them to serve God, and abandon pride, and all other sins; relating her breeding with the countess of Somerset, having had no other means to maintain her and her children, but what came from the countess and said farther, that when her hand was once in this business, she knew the revealing of it would be her overthrow. The which, with other like speeches, and great penitency there shewed, moved the spectators to great pity and grief 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 to 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 he gave it him in his broth: Ergo, the Lieutenant knew of the practice and poisoning of sir T. Overbury, et qui non propulsat injuriam cum possit,' infert. Cicero.-After this was known to be poison, yet he kept Weston still: he favoured, countenanced, and graced him, and one time sent him a cup of sack, and bid his man tell him, that he loved him as well as ever he did all this while he paid him no wages, and as soon as Overbury died, Weston was removed. The countess wrote a letter to the Lieutenant; with the letter she sent poisoned tarts to Overbury, and wine to the Lieutenant's wife; and bade him give the tarts to Overbury, for there were letters in them, but his wife and children might drink the wine, for she was sure there were no letters in it.-The earl of Northampton writ a letter to the Lieutenant concerning the imprisonment of Overbury; the

* Co. Inst. 49, 135.

proof of your love, comfort in your words, and
judgment in your writing; you may believe the
words of him that will rather die than flatter
you; my heart is full of the love of you; your
characters are no more pain for me to peruse,
being as well acquainted with your hand as my
own, the pain is no more than the cracking of
a nut for the sweet kernel, or my niece's pain,
in the silver-dropping stream of your pen.-
[There the Lord Chief-Justice left off reading
for the bawdiness of it; then after in the Letter
followed] I spent two hours yesterday, prompt-
ing the Lieutenant with cautions and considera-
tions; observing with whom he is to deal, that
he might the better act his part, for the adven-
ture in which he dealeth.-H. NORTHAMPTON."

Another LETTER to Rochester.

"Sweet lord; I cannot deliver unto you with what caution and consideration, &c. and the Lieutenant looking to his business, which concerns no more than text affords, that march

* The effect of this letter is given more at large, in an old book called" Truth brought to Light by Time, or the Hist. of the first 14 years of King James 1." p. 58, thus:

"My special good lord; Having undertook my prisoner according to your instructions, after long silence, as standing betwixt hope and fear, he takes his bible, and after he had read upon it, laid it by and protested his innocency, afterward upon further conference concerning the countess, he said that he had justified her already, and that he can do no more than what he had done already. But for myself, alas, (quoth he) what will they do with me, I answered, so reason [q. refine] you as you shall make no question hereafter of your pureness. And I left him in some sense to work upon him; as I was going, he concluded, That in the generality she was so worthy that she might be a wife in particular for my lord of Rochester, he would not say it, lest my lord should condemn him for weighing his worth. At my next coming to him, I found him, not in sense, but in fury, he let fly at you, but was respective to my lord of Rochester whose part he took altogether; I see the event, I desire it may be safely carried, what my service may do in this or any thing else, I will be faithful to your lordship, and so I rest, Yours, JERVIS YELVIS."

wages, it is true, I took him from the commendations of my lord of Northampton, and sir Thomas Monson, whom I took to be my friends, and thought they would commend no man to be a keeper, which might any way endanger

me.

"To the third, I never knew any other meaning to the countess's words in her letters, but the bare literal meaning; and sure (quoth he) after I had received the tarts, and they had stood a-while in my kitchen, I saw them so black and foul, and of such strange colours, that I did cause my cook to throw them away, and to make other tarts and jellies for him.

"To the fourth, he said, the earl of Northampton's letter to me, was not any thing touching the poisoning of Overbury, but for a close restraint; to the end, that Overbury might agree to their purposes concerning the marriage to be had between Rochester and the countess: if the earl of Northampton had any other plot to take away his life, I was not any thing of his council, or had knowledge therein.

"To the fifth, whereas it is said, I received him according to my instructions, I meant none other thing than I have delivered before, which was concerning the closeness of his imprison

ment."

6

But being asked what he meant by these words; Rochester's part I shall greatly fear, * until I see the event to be clearly carried;' in this, he staggered, and wavered much, and gave his answer: "It was long since I wrote this letter, and for the particular circumstances that induced me to this speech, I cannot now call to memory; but sure I am, that at that time, knowing myself to be innocent, I could the better have satisfied my remembrance, so that I meant nothing the taking away of his life: but because I was a stranger to Rochester, and had heard and known of that great league that was between them; I might well think, suspect, and fear, whether he would always countenance these projects for his restraint."

present, that he thought that the Lieutenant knew not of the poison; and in his examination before the lord chief justice and serjeant Crew, being asked the meaning of these words, Shall I give it him now? he answers, that he thought that those which had set him on work, had acquainted the Lieutenant with their plot. Also I was so confident in my own innocency, that I told my lord chief justice, and my lord Zouch, the way to make Weston confess, and to discover all; which was by fair and gentle intreaty of him, and so by this means they might search the bottom of his heart: in this the lord chief justice witnessed with him. And after sir T. Overbury was dead, Weston and Mrs. Turner were sent to know of me whether I had any inkling of the death of sir Thomas? What need they have made this question, if I had known any thing thereof? Also that which I do know concerning the poisoning of sir T. was after his death, by relation of Weston; and here I ain indicted as accessary before the fact, when I knew nothing till after the fact."

After that he had confirmed these reasons by sundry proofs and witnesses, he went further in his own defence: "If I be in the plot, the lord treasurer is, I have his letter to shew, in it: he called me to his lodging, and said, The plots you know them as well as I, the plots were only to repair her honour: my wife hath the letters from my lord treasurer and Monson; for these plots I will run willingly to my death, if circumstances be knit with any manner of fact."

He proceeded further and told the lord chief justice, that he spake not this to justify himself, so that no blemish or stain might cleave unto him: "for," said he, "this visitation is sent me from God; and whether I live or die, it is the happiest affliction to my soul, that I ever received, I have laid open my whole heart for blood-guiltiness: I have not repented me other than of errors of my judgment, in not detecting what I suspected, and yet I do ask God forAc-giveness daily for lesser sins; but of this I know no other, but the gross error of my judgment, in not preventing it, when I saw such intendment and imagination against him."

These were the Answers he made to his cusations, and after he had made many protestations between God and his soul, of his innocency of this malicious plotting and abetting of Overbury's death, he applied himself to the Jury, and told them thus:"

Then he put to my lord chief justice this case: "If one that knoweth not of any plot "I will prove unto you by many infallible to poison a man, but only suspectoth, is no and unanswerable reasons, that I could not be actor or contriver himself, only imagineth such aider and complotter with Weston in this poi- a thing, Whether such a one be accessary to soning. First, I made a free and voluntary the murder; for the words of the indictment discovery of it myself, I was not compelled: are, abetting and comforting with malice: Now will any man imagine, that I would discover a if there be any man that charges me expressly, thing, whereof I could not clear myself? Nature or in direct terms, that I was an abettor, or if is more kind than to be its own accuser. Be- the court shall think in this case which I have sides, that my clearness might more appear, put that such a concealing without malice, is and remain in the world without any suspicion, an abetting, I refuse not to die, I am guilty." I proceeded and accused the murderer Weston: This was the sum of his speech. it bad been a senseless thing, and absurd in Then the Lord Chief Justice replied; That to me, if I had not thought myself clear, to have his knowledge, he spake no more concerning accused him, who might have done as much for the evidence than he could in conscience me. Nay, Weston himself proved me to be an justify, which was only to express the evihonest man before the chancellor of the exche-dence of things, and not wresting any thing quer; for he confessed to him and others being in prejudice of his life. But further be told