prince Henry, sir Thomas Monson's Trial was laid aside, and himself soon after set at liberty, and the lord chief justice was rebuked for his indiscretion, and before the next year expired, removed from his post.*

death had somewhat in it of retaliation, as if he had been guilty of the same crime against court lure; sir Thomas Monson's trial laid aside, and he soon after set at liberty; and the lord chief justice's wings were clipt for it ever after."

* Bacon's Works, vol. 1. p. 87.

*

108. The Trial of the Lady FRANCES Countess of SOMERSET, the 24th of May, for the Murder of Sir Thomas Overbury : 14 JAMES I. A. D. 1616. The SUMMONS of the Peers to the Trial.

AFTER our hearty commendations to your lordship; whereas the king's majesty has resolved, that the earl of Somerset, and the countess his wife, lately indicted of felony, for the murder and poisoning of sir Thomas Overbury, then his majesty's prisoner in the Tower, shall now receive their lawful and public Trial, by their peers, immediately after the end of this present Easter tem; at the Trial of which noble personages your lordship's presence, as being a peer of the realm, and one of approved wisdom and integrity, is requisite to pass upon them: These are to let your lordship understand, that his majesty's pleasure is, and commandeth by these our Letters, that your lord

ship make your repair to the city of London, by the 11th day of the month of May following, being some few days before the intended Trial; at which time your lordship shall understand more of his majesty's pleasure. So not doubting of your lordship's care to observe his majesty's directions, we commit you to God.--Your lordship's very loving friend, G. Cant.; T. Ellesmere, Canc.; Fenton; E. Watton; Tho. Lake; Lord Darcy, of the South; C. Edmunds; E. Worcester; Lenox; P. Herbert; Ralph Winwood; Fulke Grevyl; Jul. Cæsar.

From Whitehall this 24th April 1616.

The Names of the Peers.

Thomas lord Ellesmere, Chancellor of England, lord high-steward hac vice.

His Assistants in the Commission there present.

Earl of Worcester, Lord Privy-Seal.--Earl of Pembroke, Lord Chamberlain.-The Earls of Rutland, Sussex, Montgomery, and Hert"In the next place comes the countess to ford--Lord Visc. Lisle.-Lord Zouch, Warden her Trial, at whose Arraignment, as also at Mrs. of the Cinque Ports.-Lord Willoughby of Turner's before, were shewed many pictures, Eresby.-Lord Delaware.-Lord Dacres, of puppets, with some exorcism and magic spells, the South.-Lord Mounteagle; who being sick, which made them appear more odious as being went away before judgment.--Lord Wentknown to converse with witches and wizards, worth.-Lord Rich.-Lord Willoughby of Parand amongst the tricks Forman's book was shew-ham.-Lord Hunsdon.-Lord Russel; the seed; this Forman was a fellow dwelt in Lam-cond day was not there.--Lord Compton.— beth, a very silly fellow, yet had wit enough to Lord Norris-Lord Gerrard.-Lord Cavencheat ladies and other women by pretending dish.-Lord Dormer. skill in telling their fortunes. As whether they should bury their husbands, and what second husbands they should have, and whether they should enjoy their loves, or whether maids should get husbands, or enjoy their servants to themselves without corrivals; but before he would tell any thing they must write their names to his alphabetical book, with their own handwriting. By this trick he kept them in awe if they should complain of his abusing them; as in truth he did nothing else; besides it was believed some meetings were at his house, and that the art of bawd was more beneficial to him than that of a conjuror, and that he was a better artist in the one than in the other, and that you may know his skill, he was bimself a cuckold; having a very pretty wench to his wife, which would say, she did it to try his skill, but it fared with him as with astrologers, that cannot foresee their own destiny. I well remember there was much mirth made in the court upon the shewing this book, for it was reported the first leaf my lord Coke lighted on, he found his own wife's name." Sir Anthony Weldon, Court and Character of king James, p. 111.

|

Sir Edw. Coke, L. C. Justice of England.Sir H. Hubbart, L. C. Justice of the CommonPleas.-Sir L. Tanfield, L. C. Baron of the Exchequer.-Judge Altham, one of the Barons of the Exchequer.-Judge Crooke, one of the Judges of the King's-Bench.-Judge Doderidge, one of the Judges of the King's Bench.-Judge Houghton, one of the Judges of the King'sBench.-Judge Nicholls, one of the Judges of the Common-Pleas.

The Counsel that were there the first day.

Sir F. Bacon, the king's attorney-general; serj. Montague; serj. Crew; sir Henry Yelverton, the king's solicitor; Francis Moor, the queen's serjeant; sir Lawrence Hyde, the queen's attorney; Mosley, attorney of the dutchy; sir John Davis, the king's serjeant; Mr. Walter, the prince's attorney; Mr. Finch, keeper of the records of attainders. More the second day.-Serj. Tho. Moor; serj. Finch.

The King's Instructions read.

There be two things in this cause to be tried, and the verity can be but in one of them; first, Whether my lord of Somerset and my lady were the procurers of Overbury's death; or, that this imputation hath been by some practised to cast an aspersion upon them. I would first have you diligently enquire of the first; and if you find them clear, then I would have you as carefully look after the other, to the intent such practices may be discovered, and not suffered to pass with impunity.

no respecter of persons. This that I should Lord Chancellor, Lord Steward, the lord now speak of, may be reduced to that which Zouch. But then there were no practices left was acted in the vault, and since upon the untried for the suppression of the discovery; stage: the first I will not now enter into, be-Weston was solicited to stand mute, but at cause I will neither grieve a lady that is pre- last this dumb devil was cast out. Then folsent, nor touch a lord that is absent; my duty lows Elwes, Turner, Franklin, all of which requires it not, and my humanity forbids it. were actors in this tragedy, without malice, For that which hath been upon the stage, but no authors. Now when this lady comes which is the theatre of God's justice, you shall to her part, she meets justice in the way, by understand that which hath been worthily confession, which is the corner-stone either of acted by the king, in this noble work of justice, mercy or judgment; yet it is said, that mercy and right well by his ministers. Overbury died and truth be met together. Truth you have in poisoned the 15th of Sept. 1613, in the Tower her confession, and that may be a degree to of London: he was no sooner dead, but there mercy, which we must leave to him in whose was a certain rumour and muttering, that was power it resides; in the mean time this day vor populi, that Overbury came strangely to his must be reserved for judgment. Now to condeath and in that time, on the contrary hand, clude, and give you an account of the often there was another rumour, but that was cor procrastinations in this business; the first was diaboli, that he died of a foul disease, so foul a due to humanity, her child-birth; the second one as is not fit for me to name. But for two was for reason of state; and the last had a years after this, though Overbury's blood cried grave and weighty cause. Those directions for revenge, tor Dei was not heard. Gloria the king at the first gave written with his own 'Dei celare, regis perscrutare rem: It is the hand, for the examination of his business, I glory of God to conceal a thing, of a king to desire may be read. find it out; yet all the while God so dazzled the eyes of these two great procurers, and their instruments, that the first looked not about them, the other fled not. About the beginning of the last progress it first brake forth; and as all murders are strange in their discovery, so this was miraculous, for it came out in a compliment thus my lord of Shrewsbury, who is now with God, commended sir J. Elwes to a counsellor of estate; and it was by him that sir J. in respect of the good report he had heard made of his honour and worth, desired to be made known unto him. That counsellor answered, That he took it for a favour from him; but withal added, there lies a kind of heavy imputation on him, about Overbury's death: I could wish he would clear himself, and give some satisfaction in the point. This my lord Shrewsbury related back, and presently Elwes was struck with it, and makes a kind of discovery, that some attempts were undertaken against Overbury, but took no effect, as checked by him. Though the truth be, he lacked rather fortitude in the repulse, than honesty. This counsellor weighing well this narration from Elwes, acquainted the king with the adventure; who commanded presently that Elwes should set down his knowledge in writing, which accordingly he did, but still reserving himself within his own compass, not to touch himself, endeavouring rather to discover others than any else should undertake that office, and so accuse him. The king still endeavours to search the truth of this business, gives direction for the examination of the truth of it, commits it to certain counsellors; they pick something out of Weston; then the further enquiry is delivered over to my lord Coke, who in this cause was very painful, took two or three hun-soner. dred examinations: but when he found it might touch upon greater persons, then be desired some others might be joined with him, which was accordingly granted; namely, the

Mr. Att. There be other directions in these instructions, by way of interrogatories, that are not now necessary to be read.

L. H. S. Let the lords the peers view these directions from the king.

Lord Coke. None of these interrogatories, which the king desired there should be examinations upon, came away empty; and whatsoever whisperings there be abroad of the death of Weston, they all (some before the hour of their death) confessed the fact, and died penitent; and if need should require, I have brought their confessor along (namely, Dr. Whyting).

L. H. S. My lords, you see, and have heard those directions under the king's hand; give the glory to God, and honour to the king.

Mr. Att. May it please your grace, &c. whereas Frances countess of Somerset hath been indicted as accessary before the fact, of the wilful poisoning and murder of sir T. Overbury; upon her Indictment, she hath been arraigned; upon her Arraignment, pleaded Guilty: I desire that her Confession may be recorded, and Judgment given against the Pri

Fenshaw. Frances countess of Somerset, hold up thine hand: Whereas thou hast been indicted, arraigned, and pleaded Guilty, as accessary before the fact, of the wilful poisoning

and murder of sir T. Overbury; what canst thou now say for thyself, why Judgment of Death should not be pronounced against thee? C. of Som. I can much aggravate, but nothing extenuate my fault; I desire mercy, and that the lords will intercede for me to the king. (This she spake humbly, fearfully, and so low, the Lord Steward could not hear it, but Mr. Attorney related it.)

Mr. Att. The lady is so touched with remorse and sense of her fault, that grief surprizes her from expressing of herself; but that which she hath confusedly said, is to this effect, That she cannot excuse herself, but desires mercy. Sir R. Coningsby sitting before the Lord High Steward, rises, and upon his knee delivers him

the white staff.

occasion itself doth admonish me to spend this day rather in declaration, than in evidence, giving God and the king the honour, and your lordships and the hearers the contentment, to set before you the proceeding of this excellent work of the king's justice, from the beginning to the end; and so to conclude with the reading the confessions and proofs.-My lords, this is now the second time within the space of 13 years reign of our happy sovereign, that this high tribunal seat of justice, ordained for the trial by peers, hath been opened and erected; and that, with a rare event, supplied and exercised by one and the same person; which is a great honour to you, my Lord Steward.-In all this mean time, the king hath reigned in his white robe, not sprinkled with any drop of blood of any of his nobles of this kingdom. Nay, such hath been the depths of his mercy, as even those noblemens' bloods, (against whom the proceeding was at Winchester,) Cobham and Grey, were attainted and corrupted, but not spilt or taken away; but that they remain

L. H. S. Frances countess of Somerset, whereas thou hast been indicted, arraigned, pleaded Guilty, and that thou hast nothing to say for thyself, it is now my part to pronounce Judgment; only thus much before, since my lords have heard with what humility and grief you have confessed the fact, I do not doubted rather spectacles of justice in their continual they will signify so much to the king, and mediate for his grace towards you: but in the mean time, according to the law, the sentence must be this, That thou shalt be carried from hence to the Tower of London, and from thence to the place of execution, where you are to be hanged by the neck till you be dead; and the Lord have mercy upon your soul.

imprisonment, than monuments of justice in the memory of their suffering. It is true, that the objects of his justice then and now were very differing. For then, it was the revenge of an offence against his own person and crown, and upon persons, that were malcontents, and contraries to the state and government. But now, it is the revenge of the blood and death of a particular subject, and the cry of a prisoner. The following articles are extracted from It is upon persons, that were highly in his faBirch's 4to ed. of Bacon's works, vol. 3. p. 493: vour; whereby his majesty, to his great honour, hath shewed to the world, as if it were written The CHARGE of the Attorney General, sir Fran- in a sun-beam, that he is truly the lieutenant of cis Bacon, against Frances, countess of bim, with whom there is no respect of persons; Somerset, intended to have been spoken by that his affections royal are above his affections him at her Arraignment, on Friday, May private: that his favours and nearness about 21, 1616, in case she had pleaded Not Guilty. him are not like popish sanctuaries to privilege Ir may please your grace, my Lord High malefactors: and that his being the best masSteward of England, and you my lords the ter of the world doth not let him from being peers;-You have heard the Indictment against the best king of the world. His people, on the this lady well opened; and likewise the point other side, may say to themselves, I will lie in law, that might make some doubt, declared down in peace; for God and the king and the and solved; wherein certainly the policy of the law protect me against great and small.' It law of England is much to be esteemed, which may be a discipline also to great men, espe requireth and respecteth form in the Indict- cially such as are swoln in fortunes from sinall ment, and substance in the proof.-This scru- beginnings, that the king is as well able to level ple it may be hath moved this lady to plead mountains, as to fill vallies, if such be their denot guilty, though for the proof I shall not need sert.-But to come to the present case; the much more than her own confession, which she great frame of justice, my lords, in this present hath formerly made, free and voluntary, and action, hath a vault, and it hath a stage: a therein given glory to God and justice. And vault, wherein these works of darkness were certainly confession, as it is the strongest foun- contrived; and a stage with steps, by which dation of justice, so it is a kind of corner-stone, they were brought to light. And therefore I whereupon justice and mercy may meet.-The will bring this work of justice to the period of proofs, which I shall read in the end for the this day; and then go on with this day's work. ground of your verdict and sentence, will be-Sir I. Overbury was murdered by poison in very short; and, as much as may, serve to satisfy your honours and consciences for the conviction of this lady, without wasting of time in a case clear and confessed; or ripping up -guiltiness against one, that hath prostrated herself by confession; or preventing or deflowering too much of the evidence. And therefore the

the 15th of September, 1613, 11 Reg. This foul and cruel murder did, for a time, cry secretly in the ears of God; but God gave no answer to it, otherwise than by that voice, which sometimes he useth, which is oor populi, the speech of the people. For there went then a murmur, that Overbury was poisoned: and

yet this same submiss and soft voice of God, | fault had been no more, but that he was honest the speech of the vulgar people, was not with-in forbidding, but fearful of revealing and imout a counter-tenor, or counter-blast of the peaching or accusing great persons; and so devil, who is the common author both of mur- with this fine point thought to save himself.—— der and slander: for it was given out, that Over- But that great counsellor of state wisely consi bury was dead of a foul disease, and his body, dering, that by the lieutenant's own tale it which they had made a corpus judaicum with could not be simply a permission or weakness; their poisons, so as it had no whole part, must for that Weston was never displaced by the be said to be leprosied with vice, and so his lieutenant, notwithstanding that attempt: and name poisoned as well as his body. For as to coupling the sequel by the beginning, thought dissoluteness, I never heard the gentleman it matter fit to be brought before his myjesty, noted with it: his faults were insolency, and by whose appointment Helwisse set down the turbulency, and the like of that kind: the other like declaration in writing.-Upon this ground, part of the soul,not the voluptuous.-Meantime, the king playeth Solomon's part, gloria Dei cethere was some industry used, of which I will lare rem; et gloria regis investigare rem; and not now speak, to lull asleep those, that were sets down certain papers of his own hand, which the revengers of blood; the father and the bro- I might term to be claves justitiæ, keys of jus ther of the murdered. And in these terms tice; and may serve for a precedent both for things stood by the space almost of two years; princes to imitate, and for a direction for judges during which time, God so blinded the two to follow; and his majesty carried the balance great procurers, and dazzled them with their with a constant and steady hand, evenly and own greatness, and bind and nail fast the actors without prejudice, whether it were a true accuand instruments, with security upon their pro- sation of the one part, or a practice and face tection, as neither the one looked about them, tious device of the other: which writing, benor the other stirred or fied, nor were conveyed cause I am not able to express according to the away: but remained here still, as under a privy worth thereof, I will desire your lordship anon arrest of God's judgments; insomuch as Frank- to hear read.-This excellent foundation of jus lin, that should have been sent over to the Pals- tice being laid by his majesty's own hand, it grave with good store of money, was, by God's was referred unto some counsellors to examine providence, and the accident of a marriage of farther, who gained some degrees of light from his, diverted and stayed.-But about the begin- Weston, but yet left it imperfect.-After it was ning of the progress last summer, God's judg- referred to sir Edward Coke, chief justice of ments began to come out of their depths: and the King's-bench, as a person best practised in as the revealing of murders is commonly such, legal examinations, who took a great deal of as a man may say, a Domino hoc factum est; indefatigable pains in it, without intermission, it is God's work, and it is marvellous in our having, as I have heard him say, taken at least eyes; so in this particular it was most admira- three hundred examinations in this business.— ble; for it came forth by a compliment and | But these things were not done in a corner. I matter of courtesy.-My lord of Shrewsbury, need not speak of them. It is true, that my that is now with God, recommended to a coun- lord chief justice, in the dawning and opening sellor of state, of especial trust by his place, of the light, finding that the matter touched upon the late lieutenant Helwisse, only for acquaint- these great persons, very discreetly became ance as an honest worthy gentleman; and de- suitor to the king to have greater persons than sired him to know him, and to be acquainted his own rank joined with him. Whereupon with him. That counsellor answered hini civilly, your lordship, my lord high steward of Engthat my lord did him a favour; and that he land, to whom the king commonly resorteth in should embrace it willingly: but he must let arduis, and my lord steward of the king's house, his lordship know, that there did lie a heavy and my lord Zouch, were joined with him.imputation upon that gentleman, Helwisse; for Neither wanted there this while practice to supthat sir T. Overbury, his prisoner, was thought press testimony, to deface writings, to weaken to have come to a violent and untimely death. the king's resolution, to slander the justice, and When this speech was reported back by my lord the like. Nay, when it came to the first soof Shrewsbury to Helwisse, perculit illico ani- lemn act of justice, which was the arraignment mum, he was stricken with it; and being a po- of Weston, he had his lesson to stand mute; litic man, and of likelihood doubting, that the which had arrested the wheel of justice. But matter would break forth at one time or other, this dumb devil, by the means of some discreet and that others might have the start of him, and divines, and the potent charm of justice, toge thinking to make his own case by his own tale, ther, was cast out. Neither did this poisonous resolved with himself, upon this occasion, to adder stop his ear to those charms, but relented, discover to my lord of Shrewsbury and that and yielded to his trial.-Then follow the procounsellor, that there was an attempt, whereto ceedings of justice against the other offenders, he was privy, to have poisoned Overbury by the Turner, Helwisse, Franklin.-But all these behands of his under keeper, Weston; but that ing but the organs and instruments of this fact, he checked it, and put it by, and dissuaded it, the actors and not the authors, justice could and related so much to him indeed: but then not have been crowned without this last act he left it thus, that was but an attempt, or un- against these great persons. Else Weston's timely birth, never executed; and, as if his own censure or prediction might have been verified,