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him, That two days before sir T. Overbury died, you wished his man to bring his best suit of hangings to hang his chamber, which you knew were your fees. And after he told him, that his accusation of the lord treasurer was very malicious; for in the examinations he had taken, and in all the exact speech he could work for the finding out of the truth, he saw not that honourable gentleman any way touched. In conclusion he told him, It is not your deep protestations, nor your appealing to God, that can sway a Jury from their evidence, which is not yet answered unto. But to leave you without excuse, and to make the matter as clear as may be, here is the Confession of Franklin, (which he then drew out of his bosom) saying, This poor man, not knowing sir Jervis should come to his trial, this morning he came unto me at five o'clock, and told me, That he was much troubled in his conscience, and could not rest all that night until he had made his confession; and it is such a one (these were his words) as the eye of England never saw, nor the ear of Christendom never heard.

The CONFESSION of James Franklin, the 16th of Nov. 1615.

say that the toothless maid, trusty Margaret, was acquainted with the poisoning; so was Mrs. Turner's man Stephen; so also Mrs. Horne, the countess's own hand-maid.-He saith, On the marriage-day of the countess with Somerset she sent him 201. by Mrs. Turner; and he was to have been paid by the countess 2001. per annum during his life. That he was urged and haunted two hundred several times, at least, by the countess to do it against his conscience. He saith, she was able to bewitch any man; and then he wrought the love between Rochester and her; and that he had 12 several letters from her to prosecute it, and was to have 2001. to continue their loves until the marriage; and that all things were burnt since the first discovery."

Confession. To this sir Jervis Elwes knew not Those were all the materials in Franklin's what to answer, or to make of his own letters.

Then presently the Jury departed from the bar, and shortly after returned, and found him guilty; and the Lord Chief Justice gave judg ment of death against him.

On Monday the 20th of November, 1615, he was executed at Tower-bill, upon a gibbet there set of purpose, about six o'clock in the morning. He came on foot to the gibbet from Sheriff Goare's house, between Dr. Whyting and Dr. Felton, two of his majesty's chaplains; and coming to the ladder's foot, he talked a word or two to the executioner.Then he went up the ladder four or five steps, the executioner sitting over his head, upon the top of the gibbet: Sir Jervis finding the ladder to stand too upright for his ease, spake to have it amended, which forthwith, he coming down, was done, being fastened in the ground; and then he went up again six steps, where after a while, sitting easily, he said:

"MRS. Turner came to me from the countess, and wished me from her to get the strongest poison I could for sir T. Overbury. Accordingly I bought seven, viz. aquafortis, white arsenick, mercury, powder of diamonds, lapis costitus, great spiders, and cantharides: All these were given to sir T. Overbury at several times. And further confesseth, that the Lieutenant knew of these poisons; for that appeared, said he, by many letters which he writ to the countess of Essex, which I saw, and thereby knew that he knew of this matter; One of these letters I read for the countess, because she could not read it herself, in which the Lieutenant used this speech; Madam, the "Nobles, right worshipful, and others, I arn scab is like the fox, the more he is cursed, here come, as well to shew, explain, and un"the better he fareth;' and many other fold that which, at the time of my arraignment, speeches. Sir T. never eat white salt, but so many of you as were present expected; as there was white arsenick put into it: Once he also to shew that then I perceived I had lost desired pig, and Mrs. Turner put into it lapis the good opinion of many, in standing so long costitus.-The white powder that was sent to upon my innocency, which was my fault, I sir T. in a letter he knew to be white arsenick. confess, hoping now to recover the same, and -At another time he had two partridges sent your good charitable opinions of me; which him from the court; and water and onions be- fault I then saw not, being blinded with mine ing the sauce, Mrs. Turner put in cantharides errors, which made me account it no sin.—But instead of pepper; so that there was scarce since any condemnation, by means and help of any thing that he did eat, but there was some these two gentlemen here present (the two poison mixed. For these poisons the countess Doctors) I was persuaded of the greatness of sent me rewards: She sent many times gold by my sin, and that it was so much the greater, by Mrs. Turner. She afterwards wrote unto me how much the more I did conceal it; which to buy her more poisons. I went unto her, by God's mercy I perceiving, consulted not and told her I was weary of it; and I besought with flesh and blood, but thought, in this my her upon my knees, that she would use me no condemnation, my best way for my soul's more in those matters: But she importuned health, to reveal to the omnipotent and all-seeme, bad me go, and enticed me with fairing God, the most secret and inward intentions speeches and rewards; so she overcame me, and did bewitch me.-The cause of this poisoning, as the countess told him, was, Because sir T. Overbury would pry so far into their suit, as he would put them down. He did also

and thoughts of my deceitful heart, not once suspecting the pains or dispraises of the world, which I regard not at all. It may be some will say, that this place was most unfit for my execution, appointed to terrify and daunt me

so much the more; but alas! I fear not death, place, nor any such like thing, for I account it the king's and council's special favour that I die here; for that I requesting the same, it was granted; whereby I see now this Tower, wherein of late I have been called to the state business, and still might, if I had performed a more loyal service to my king and country than I did. Next, that I was not appointed to Tyburn, a place of more public reproach than now I am brought, being worthy to die by due and lawful justice, in prosecuting this bloody and enormous act against a kind gentleman, who deserved not ill at my hands, nor at any man's else for aught I know.-But were it I had not trusted him, who was a most perfidious wretch, I had not fallen into this same; which may warn all here present to take heed whom they trust in a bad matter, and to admonish you that are trusted never to break honest and just fidelity.-I was by divers tricks drawn into this action, which I received from the earl of Northampton, sir Thomas Monson, and none other: but had I remembered the 119th Psal. 115th verse, and said with that holy prophet, Away from me, ye wicked, for I will keep the commandments of my God; then had I refused such like tricks. Alas! now too late; there was my fault, that I did not refuse them, and cast myself upon God's providence, without any dependency on man, though never so honourable. Was ever any deceived that did trust in God? There was never any.-Therefore I admonish you all; let none, how honourable soever he be, or the king himself, move you to any thing not agreeable to God's word, do it not, reject it; for this was my fault, that I had not at the first opened this plot to his majesty, who no doubt would most justly and righteously have punished the same.-You nobles, worshipful, and others, let my example teach you thus much, That you prophane not the holy sabbath of the Lord, nor his good creatures, nor that you turn, by a lascivious course, nights into days and days into nights, as I have done; and that in serving God, you must not only read the scriptures, but join practice therewith for what good else will the same effect, if the heart be foul, bloody, and impure? Some here knew my forwardness therein; but I plead not innocency that way, but cast it off, and confess, that of this great assembly I am the most wretched sinner.-You expect speeches from me of some concealed matters, and upon some of my speeches used at the closing up of my arraignment; but I stand here loco peccatoris, non oratoris: yet I will shew you that I have opened to my Lord Chief Justice of England, since my arraignment, that which to the uttermost of my power I was able to verify, upon which then I took the body and blood of Jesus Christ; and in further testimony thereof, I will now seal it with my last and dearest breath.

"Nobles and others, to see your faces it rejoiceth me, whereby you manifest your love in granting uy request, to be witnesses of my

death; I see a number of my friends, there, there, there, [pointing as he spake] whom, out of their loves, I entreat to beseech God to strengthen me in death; though ignominious to some, yet to me, a bitter cup, mingled to me with God's mercy, a special favour this way to call me home, whereas he might have taken away my life by shooting the bridge, or some fall, or otherwise; and then this unrepented sin, which I accounted no sin (such was my blindness) had been damnation to me; for God is just, and the unrepented sinner shall have no salvation.-There is none of you present here, that knows how or in what sort he shall die, it may be in his bed, it may be otherwise (God knows); I protest before you all, I never came over this hill, in the chiefest of all my prosperity, with more joy than now I have at this present; for I now know that presently I shall behold the glorious face and sight of my Creator.

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Take heed, and let my example incite you to serve God truly and uprightly, better than I have done, lest a shameful death overtake you, as it doth me, who am unworthy of my parents care in bringing me up. It may be some will say I have a flinty heart, because I shed no tears; my heart is flesh as any others, and I am as faint-hearted to look death in the face as any others: but because my use hath been not to shed tears, I cannot now easily, except it be for the loss of some great friend; albeit now my heart beginneth to melt within me, being wounded [with that the tears stood in his eyes] to see the faces of some there present, whom I most earnestly love, and now must depart from with shame for worldly regard I respect not, for well Mr. Sheriff knows, that (to shame this my sinful flesh the more) I wish (if he had pleased) to have been brought from Westminster through the city, to have warned all spectators how they should not escape without judgment for blood; for God is just.-I had almost forgotten to shew you a strange thing, which God brought to my memory the last night, which was this: I confess I have been a great gamester, and especially on the other side, have wasted and played many sums of money, which exhausted a great part of my means; which I perceiving, vowed seriously (not slightly or unadvisedly) to the Lord in my vows and prayers, Lord, let me be hanged if

ever I play any more!' which not long after is most justly come upon me, whereof you are all eye-witnesses, because a thousand times since I brake this my vow."

Then he espied one sir Maximilian Dallison standing near the gibbet on horseback, and said unto him: "You know, sir Maximilian, what gaming we have had, and how we have turned days into nights, and nights into days; I pray you in time to leave it off, and dishonour God no inore by breaking his sabbaths, for he hath always enough to punish, as you now see me, who little thought to die thus."

To which sir Maximilian answered him; "sir Jervis, I am much grieved for you, and I shall never forget what you have here said;"

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whereunto sir Jervis said, "Look to it, do then.' -Further, he continued his speech, saying, "Let no man boast of the abilities and gifts of nature, which God giveth him; for therein I displeased God, being transported with overmuch pride of my pen; which obsequious quill of mine procured my just overthrow, upon the| knitting of my Lord Chief Justice's speech at my arraignment, by reason of two or three passages at the bottom of my letter, subscribed with my own band, which I utterly had forgotten, because I felt not any sin; which when I heard, I saw none other but the finger of God could thus point to this fact; by this means I do protest before God, and confess before you all, that I was so far overtaken by this bloody fact, that for satisfaction of the same, I willingly yield my dearest blood, to the shame of this my carcass, not being so much grieved for the same as for others, that I wish I had hanged in chains perpetually, so that I had revealed at first the heinous plot.-Then should I have saved the lives of some already dead, some in the Tower, some in the city, some over seas; so should I have prevented many from being widows, some from being fatherless, and some from being childless, among whom mine own wife for one, and eight fatherless children of mine, which I leave now behind me, and God knows how many be guilty of this fact, and when it will be ended. The Lord Chief Justice upon closing up of my speeches at my arraignment, said I was an Anabaptist: I would to God I were as clear from all other sins, as from that, for I always detested that condition.-As for my wife, some say she is a papist; but true it is, she comes so short from a sincere protestant, (I mean in that respect) that when she is among papists she cannot well forbear them."

Then he spake to the Sheriff, saying, "If it may be permitted without offence, I have somewhat to say, and that is this, Is it lawful for any one here to demand of me any questions?" To which the Sheriff answered, "It is not lawful;

wherefore, good sir Jervis," (quoth he) “ forbear." Sir Jervis thereunto said, with doubling his words, "It is enough, it is enough." "I have here," quoth he, "one that holdeth my cloak, may I bestow somewhat on him?" The Sheriff answered, "That you may, sir," whereupon he called the young man to him by. his name, who stood waiting at the ladder's foot, and gave him out of his pocket some pieces of gold, or silver," Here, take this, spend it;" which he with bitter tears thankfully accepted. Dr. Whyting and Dr. Felton strained courtesy, which of them should begin a publick prayer, fitting for this party's condition; one of them willed the other: but at last Dr. Whyting said, "If you, sir Jervis, can perform it yourself, you of all men are the fittest to do it, with efficacy both of soul and spirit:" whereupon he said, "I shall do my best then; but my hearers, I crave your charitable construction, if with half words, and imperfect speeches, I chatter like a crane."*

His prayer being ended, he asked if he might pray privately; the doctor said, "Yes, sir." -Then made he a short prayer to himself; with his face covered; and after he uncovered it, and said, "Now I have prayed, now I must pay, I mean, do the last office to justice." With that Dr. Whyting said, "Sir Jervis, you may stand one step lower on the ladder: "To whom the sheriff answered, "It is better for him, Mr. Doctor, to be where he is." "Stay," quoth the doctor to the executioner, "for he hath given a watch-word, he is in private prayer again." "Yea," quoth he, "I know that, for he hath given me a watch-word, when I shall perform my office to him."-He uncovered his face after his second short prayer, and first took his leave of all the assembly, saying, with a chearful voice and countenance, "I pray you pray for me, who shall never more behold your faces." Then he said with a great fervency of spirit, "Lord, I desire at thy hands this bitter cup of death, as the patient receiveth riper years, Lord call not to account; thou, O Lord, kuowest how many they are: let the misty clouds of all my sins whatsoever, be so scattered by the bright beams of thy mercies to me in Christ Jesus, that those my weak and poor prayers may be available in thy sight: this comfort, this I have, that I am thine, for were I not thine, then out of the root of me could not the buds of repentance appear; by which I know thou lovest me: it is not I, but thou, Lord, hast drawn me to thee, for thine own mercies sake, on which mercy and thy promises made to the true repentant sinner, once again I rely, joys, which the heart of man is unable to con- for if thou killest me by this or any other ignoceive, the tongue to utter, or the ear to hear. minious death, yet will I trust in thee, and Hear then, Lord, the petition of me, a most crave thine assistance: protect my soul from' intolerable wretch, according to thy promise that great adversary of mine, Satan, who with made to the repentant sinner; my sins yet un-pale death and the infirmities of the flesh, do known and unrepented, which are my secret sins, Lord, call not to account; disburthen me, O Lord, of my unknown sins, I desire to give a true sigh for them all; my sins of youth and

* His Prayer is thus given in "Truth brought to Light," p. 90. "O Eternal, Omnipotent and Omniscient God, the Creator of heaven and earth, and of me a most miserable and horrible wretch, by reason of my unmeasur able sins and transgressions, whereof I am wholly guilty, take pity on me, who have so many ponderous sins, that without especial favour and mercy, they will be ready to press me into perpetual destruction; thy full and free pardon in Jesus Christ, I humbly crave, with this assurance, that immediately my soul shall be translated hence into those inestimable

VOL. II.

bandon them as balls together, then especially
at the last gasp, in which great conflict, Lord,
strengthen me, that they may not overcome,
but be overcome. Amen."
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a bitter potion, not once demanding what is in the cup, but takes and drinks it off, be it never so bitter."-As soon then as he had audibly said, "Lord Jesus, receive my soul;" which, it seems, was the executioner's watch-word, he presently turned him off the ladder; and being off, the executioner's man caught hold of one of bis feet, his own man on the other foot, whereby they suddenly weighed his life; where hanging a small distance of time, his body not once stirred, only his hands a little stirred and moved, being tied with a little black ribband, which a

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little before he had reached to the executioner, putting up his hands to him for that purpose. All which being ended, both corpse and high gibbet were from thence removed.*

"My Lord (William) of Pembroke did a most noble act, like himself, for the king having given him all sir Gervas Elwes's estate, which came to above 1000l. per ann. be freely bestowed it on the widow and her children." Howell to his father, March 1st, 1618. Letters B. 1. § 1. § 2.

106. The Trial of JAMES FRANKLIN, at the King's Bench, 27th of November, for the Murder of Sir Thomas Overbury: Mich.

13 JAMES I. A. D. 1615.

AFTER he had put himself for his trial upon the country, a Jury of esquires and gentlemen was impannelled to pass upon his life. Then Weston's Indictment was read, and Franklm accused as accessary to the poisoning of sir T. Overbury, and in his Examination formerly taken were these words:

JAMES FRANKLIN'S CONFESSION.

He confesseth, That in a house near to Doctors-Commons, Mrs. Turner did first come unto him about the poisoning of sir T. Overbury, and prayed him to provide that which should not kill a man presently, but lie in his body for a certain time, wherewith he might languish away by little and little; at the same time she gave him four angels, wherewith he bought a water called aqua fortis, and sent it to Mrs. Turner, who, to try the operation thereof, gave it to a cat, wherewith the cat languished, and pitifully cried for the space of two days, and then died.

was to come out of the Tower within two days, and they all should be undone: whereupon the countess sent for Weston, and was very angry with him that he had not dispatched sir T. Overbury. Weston told her, that he had given him a thing that would have killed twenty men,

Also a fortnight after Weston's apprehension, the countess sent for Franklin to her house at St. James's park, where he found the earl and the countess walking together; and as soon as he came, the earl went apart into a chamber. Then she told him, Weston had been sent for by a pursuivant, and had confessed all, and we shall all be hanged: but on your life (quoth she) do not you confess that you brought any poison to me, or to Mrs. Turner: for if you do, you shall be hanged, for I will not hang for you; and, says Mrs. Turner, I will not hang for you both. The countess told him, That the lord who was to examine him would promise him a pardon to confess; but believe him not, for they will hang thee when all is done. Weston comes to Franklin's house, and told him, Now the countess's turn is served, she used him unkindly, and they should be poisoned, and that two were set of purpose to poison him.

Afterwards Mrs. Turner sent for Franklin to come to the countess, who told him, that aqua fortis was too violent a water; but what think you (quoth she) of white arsenick? He told her, it was too violent. What say you (quoth she) to powder of diamonds? He answers, I Franklin having confessed his former Exknow not the nature of that. She said, then aminations under his own hand, being perhe was a fool; and gave him pieces of gold, mitted to speak for himself, said, That at the and bade him buy some of that powder for her. entreaty of the countess and Mrs. Turner, he Franklin demands of the countess, what was did buy these poisons, but protested his ignothe reason she would poison sir T. Overbury?rance what they meant to do with them; and She told him, He would pry so far into their estate, that he would overthrow them all.

A little before sir T. Overbury's death, the countess sent for Franklin, and shewed him a letter written from the lord of Rochester, wherein he read these words: "I marvel at these delays, that the business is not yet dispatched." Whereby Franklin thinketh in his conscience, was meant the poisoning of sir T. Overbury. And in another letter from the lord of Rochester was written that sir Thomas

* See this Confession in the Trial of sir Jervis Elwes, p. 941.

for the rest, he referred himself to the conscience of the Jury: who went from the bar, and within a quarter of an hour, did return, and pronounced him Guilty.

Then Judge Crook, after a brief exhortation, gave the sentence of death upon him.

The Lord Chief Justice made a short exhortation also, with addition of these words: That knowing as much as he knew, if this had not been found out, neither the court, city, nor any particular family had escaped the malice of this wicked cruelty.

He was afterwards executed according to the Sentence.

107. The Arraignment of Sir THOMAS MONSON, knt. at the Guildhall of London, 4th December, for the Murder of Sir Thomas Overbury 12 JAMES I. A. D. 1615.

WHEN he came to the bar, he made a motion to the Lord Chief Justice; That, whereas he had written unto his lordship to ask the lord treasurer two questions, which my lord would do; he desired then an answer, and that sir Robert Cotton might be present.

Monson. I do not accuse the Lord-Trea

L. C. J. You shall bear more of that when the time serveth; do you as a Christian, and as Joshua bad Achan," My son, acknowledge thy sin, and give glory to God."

Monson. If I be guilty, I renounce the king's mercy and God's; I am innocent. L. C. J. There is more against you than you know of. Monson. If I be guilty, it is of that I know

not.

L. C. J. You are popish, that pulpit was the pulpit where Garnet died, and the Lieutenant as firmly; I am not superstitious, but we will have another pulpit.

Doderidge. It is an atheist's word to renounce God's mercy; you must think the change of your lodging means somewhat.

unto him, and he hath ever been honourable, you shall hear what he hath answered to my Letter." After my hearty commendations, I have heard that sir Thomas Monson thinks I can clear him, but I know nothing of him to accuse or excuse him; but I hope he is not After the questions were read, he was in-guilty of so foul a crime."-You hear (quoth dicted for conspiring with Weston to poison sir he) that he will neither accuse you, nor excuse T. Overbury; to which he pleaded, Not Guilty, you. and would be tried by God and his country. The Lord Chief Justice broke up the pro-surer, nor calumniate him, for I know he is ceedings, and made a speech to this effect, viz. very honourable, but I desire to have an anHe saw a great assembly, and though it had swer to my two questions. been shewed them often, yet it could not be said too often, that the city was much bound to God, and to his deputy on earth the king, his naster, for their great deliverance, and exact ustice; for God was always just; and for the King, though they were never so high in place, nor so dear to him, though his own creatures, yet his justice is dearer to him, for which we are upon our knees to give him thanks; as also for so mild a proceeding in so great an affair: for neither the great man's house in the Tower, nor his lady's house nor this prisoner's house (to my knowledge) have been searched, neither hath this prisoner been committed to the sheriff, but to an alderman, a man who of all others might be most kind to him; for, as I take it lest I should be mistaken, sir Francis Anderson married sir Stephen Some's daughter, and sir Thomas Monson married sir Francis Anderson's sister; I never knew the like favour, nor do I like it so well, but do declare it as a gentle proceeding from the king. For other things, I dare not discover secrets; but though there was no house searched, yet such letters were produced, which make our deliverance as great, as any that happened to the children of Israel. For Weston and Mrs. Turner, they died penitently, as is worthy to be written in letters of gold; and for the Lieutenant, though with great imprecations, and a high hand he denied, yet for the great glory of the king's justice, he died most penitently and resolutely: this is spoken to the praise of God that hath crowned these just proceedings, though not having need of it, Justitia confirmata non eget authoritate;" wherein we may see the great hand of God; for that morning the Lieutenant was arraigned, Franklin came to me as one afflicted in conscience, not knowing of his arraignment, with evidence, against him: which being delivered to the Jury, one of them heard him say, " Then Lord have mercy on me." But for this present, "Non est cunctatio longa de vita hominis:" therefore he must be conveyed to the Tower as a safer place, till further order be taken.-Then the Lord Chief Justice addressed his speech to sir Thomas Monson, saying, Whereas you name my Lord-Treasurer, every man's fame is dear

I

Hyde. I have looked into this business, and protest, my lord, he is as guilty as the guiltiest. Monson. There was never man more innocent than I; in this I will die innocent.

After this speech, certain yeomen of his majesty's guard, attending for that purpose, conducted him to the Tower, where between the yeomen and the warders, there was some contention about bis entertainment.

The Lord Chief Justice having at this Trial let drop some insinuations that Overbury's

See the passage in Weldon cited in the note to the Earl of Somerset's Case, p. 966. Wilson says, "Sir Tho, Monson, another of the countess's agents in this poisoning contrivance, had past one day's trial at Guildhall. But the lord chief justice Coke, in his rhetorical flourishes at his arraignment, vented some expressions (which he either deduced from Northampton's assuring the Lieutenant of the Tower, that the making away of sir T. Overbury would be acceptable to the king; or from some other secret hint received) as if he could discover more than the death of a private person; intimating, though not plainly, that Overbury's untimely remove had something in it of retaliation, as if he had been guilty of the same crime against prince Henry; blessing himself with admiration at the horror of such actions. In which he flew so high a pitch, that he was taken down by a

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