hall shew to Franklin the man, who, as she said, poisoned the prince, which, he says, was a physician with a red beard.—[Ap. &c. ‘Nòthing to Somerset, and declared by Franklin after condemnation.'] That there was a little picture of a young man in white wax, left by Mrs. Turner with Forman the conjurer, which my lord Coke doubted was the prince.-[Ap. &c. Nothing to Somerset, and a loose conjecture.'] That the viceroy of the Indies at Goa reported to an English factor, that prince Henry came to an untimely death by a mistress of his. -[Ap. &c. No better than a gazette, or passage of Gallo Belgicus.'] That Somerset, with others, would have preferred Lowbell the apothecary to prince Charles.Ap.&c. Nothing yet proved against Lowbell.'] That the countess laboured Forman and Gresham, the conjurers, to inforce the queen by witchcraft to favour the countess.-[Ap. &c. Nothing to Somerset.'] That the countess told Franklin, that when the queen died, Somerset should have Somersethouse.-[Ap. &c. Declared by Franklin after condemnation.'] That Northampton said, the prince, if ever he came to reign, would prove a tyrant.~[Ap. &c Nothing to Somerset.'] That Franklin was moved by the countess to go to the Palsgrave, and should be furnished with money.-[4p. &c. Nothing to Somerset."] The particular reasons, why I omit them, I have [inserted between crotchets]; but the general is partly to do a kind of right to justice, and such a solemn trial, in not giving that in evidence, which touches not the delinquent, or is not of weight; and partly to observe your majesty's direction, to give Somerset no just occasion of despair or flushes. But I pray your majesty to pardon me, that I have troubled your majesty with repeating them, lest you shall hear hereafter, that Mr. Attorney hath omitted divers material parts of the evidence. Indorsed, "Somerset's Business and Charge, with his majesty's Postiles." Some curious particulars, concerning the proceedings against the Somersets, are to be found in Bacon's Correspondence as given in the late editions of his works. The earl and his lady were released from their confinement in the Tower in January 1621-2, the latter dying August 23, 1632, leaving one daughter Anne, then sixteen years of age, afterwards married to William lord Russel, afterwards earl, and at last duke of Bedford. The earl of Somerset survived his lady several years, and died in July 1645, being interred on the 17th of that month in the church of St. Paul's Covent-Garden. 109. The Trial of ROBERT CARR* Earl of Somerset,† May 25, for the Murder of Sir Thomas Overbury: 14 JAMES I. A. D. 1616. Ser. Cryer. O YES, my Lord High Steward of England purposes this day to proceed to the Trial of Robert earl of Somerset. O yes, Whosoever have any Indictments touching this cause, publicly give them in. * Co. Inst. 50. Bacon's Works, vol. i. p. 87. "And now begins the game to be played, in which Somerset must be the loser, the cards being shuffled, cut, and dealt between the king and sir Edward Coke, chief justice, whose daughter Purbeck Villers had married or was to marry, and therefore a fit instrument to ruin Somerset and secretary Winwood; these all played the stake; Somerset's life and his lady's, and their fortunes, and the family of Suffolk: some of them played booty, and in truth the game was not played above-board. The day the king went from Whitehall to Theobald's, and so to Royston, the king sent for all the Judges (his lords and servants encircling him) where kneeling down in the midst, he used these words: " My lords the Judges; It is lately come to my hearing that you have now in examination a business of poisoning: Lord, in what a most miserable condition shall this kingdom be (the only famous nation for hospitality in the world), if our tables should become such My lord Coke delivers in the Indictment of my lord of Somerset to Mr. Fenshaw indorsed. Ser. Cryer. O yes, Walter Lee, Serjeant at Arms, return the Precept for the lords, which thou hast warned to be here this day. O yes. a snare as none could eat without danger of life, and that Italian custom should be introduced amongst us; therefore my lords 1 charge you, as you will answer it at that great and dreadful Day of Judgment, that you examine it strictly without favour, affection, or partiality; and if you shall spare any guilty of this crime, God's curse light on you and your posterity; and if I spare any that are guilty, God's curse light on me and my posterity for ever."-But how this dreadful thunder, curse or imprecation was performed, shall be shewed hereafter; and I may pray God the effect be not felt amongst us, even at this day, as it hath been, I fear, on that virtuous lady Elizabeth and her children; for God treasures up such imprecations and deprecations, and pours them out when a nation least dreams, even when they cry, Peace, peace to their souls; and it may well be (at this time our sins concurring) pouring out upon king, judges, and the whole state. It appears how unwilling the king was to ruin Somerset, [He calls every lord by his name, and they stand up as they be called.]—My Lord High Steward excuses the lords Mounteagle and Russel of their absence, in respect of their sick ness. Ser. Cryer. O yes, Lieutenant of the Tower, return thy Precept, and bring the Prisoner to the Bar.-Which he did, and my lord makes three reverences to the Lord High Steward and the lords. Mr. Fenshaw. Rob. earl of Somerset, hold up thy hand. reading, he three or four times whispered to the Lieutenant. Mr. Fenshaw. Robert earl of Somerset, What sayest thou, art thou Guilty of this felony and murder whereof thou standest indicted, or Not Guilty? My lord of Somerset making an obeisance to the Lord High Steward, answered, Not Guilty. Mr. Fenshaw. How wilt thou be tried? Ld. Som. By God and the country; but presently recalling himself, said, By God and my peers. He holds it up so long, until Mr. Lieutenant bad him hold it down. The Indictment is read, containing Weston's actions in the poi-in soning of sir T. Overbory, and his abetting of him, the 8th of May 1613.—My lord of Somerset was apparelled in a plain black sattin suit, laid with two sattin laces in a seam; a gown of unent velvet lined with unshorn: all the sleeves laid with sattin lace; a pair of gloves with sattin tops, his george about his neck, his hair curled, his visage pale, his beard long, his eyes sunk in his head. Whilst his Indictment was a creature of his own making, sed immedi'cabile vulnus, ense rescindendum est.' Grace was offered by the king, had he had grace to have apprehended it. The king with this, took his farewel for a time of London, and was accompanied with Somerset to Royston, where, no sooner he brought him, but instantly took leave, little imagining what viper lay amongst the herbs; nor must I forget to let you know how perfect the king was in the art of dissimu-peers, you are to give diligent attention to that lation, or, to give it his own phrase, king-craft. The earl of Somerset never parted from him with more sceming affection than at this time: when he knew Somerset should never see him more, and had you seen that seeming affection, as the author himself did, you would rather believe he was in his rising than setting. The earl when he kissed his hand, the king about his neck, slabbering his cheeks, saying, for God's sake when shall I see thee again? on my soul I shall neither eat nor sleep until you come again;' the earl told him, on Monday (this being on the Friday). For God's sake let me,' said the king, 'shail I shall I?' Then lolled about his neck; then for God's sake give thy lady this kiss for me;' in the same manner at the stairs-head, at the middle of the stairs and at the stairs foot. The earl was not in his coach, when the king used these very words (in the hearing of four servants, of whom one was Somerset's great creature, and of the bed-chamber, who reported it instantly to the author of this History) I shall never see his face more.'-I appeal to the reader, whether this motto of Qui nescit dissimulare nescit ' regnare,' was not as well performed in this passage as his Beati Pacifici, in the whole course of his life; and his love to the latter, made him to be beaten with his own weapon in the other, by all princes and states that bad to do with him." Weldon's Court and Character of King James, p. 99. Ser. Cryer. O yes, All you that be to give evidence against Robert earl of Somerset, who stands now at the bar upon his deliverance, make your appearance, and you shall be heard what you have to say against him. My lord of Somerset, upon his arraignment, having pleaded Not Guilty, the proceeding after was thus: Lord High Steward. [Ellesmere, Lord Chancellor.] Robert earl of Somerset, you have been. arraigned, and pleaded Not Guilty; now I must tell you, whatsoever you have to say in your own defence, say it boldly, without fear; and though it be not the ordinary custom, you shall have pen and ink to help your memory: but remember that God is the God of truth; a fault defended is a double crime; hide not the verity, nor affirm an untruth; for, to deny that which is true, increases the offence; take heed lest your wilfulness cause the gates of mercy to be shut upon you. Now for you, my lords the which shall be said; and you must not rest alone upon one piece of evidence, but ground your judgment upon the whole. This moreover I would have you remember, that though you be not sworn as common juries, upon a book, yet that you are tied in as great a bond, your own honour and fidelity, and allegiance to the king: and thus I leave the whole proceeding to your censures. And for you that be of the king's counsel, free your discourse from all partiality, but let truth prevail, and endeavour to make it appear. Serj. Montague. My Lord High Steward of England, and you my lords, this cannot but be a heavy spectacle unto you, to see that man that not long since in great place, with a white staff, went before the king, now at this bar hold up his hand for blood; but this is the change of fortune, nay, I might better say, the hand of God, and work of justice, which is the king's honour.-But now to the fact; Robert earl of Somerset stands indicted as accessary before the fact, of the wilful murder and poisoning of sir T. Overbury, done by Weston, but procured by him; this, my lord, is your charge. The Indictment hath been found by men of good quality, seventeen knights and esquires of the best rank and reputation, some of whose names I will be bold to read unto you; sir T. Fowler, sir W. Slingsby, and fifteen more; these have returned billa vera. Now an Indictment is but an accusation of record in form thus: Weston, at four several times, gave Overbury four several of proof to satisfy your honours consciences.poisons, the first May 9th, 1613, that was rosal- As for the manner of the evidence, the king gar, carrying this poison in one hand, and his our master, who, amongst other his virtues, exbroth in the other; the second was June follow-celleth in that virtue of the imperial throne, ing, and that was arsenick; the third was July which is justice, hath given us command, that the 10th following, and that was mercury subli- we should not expatiate nor make invectives, mate in tarts; the fourth was Sept. 14th follow- but materially pursue the evidence, as it coning, and that was mercury sublimate in a clyster, duceth to the point in question.-A matter, given by Weston and an apothecary yet un- that, though we are glad of so good a warrant, known, and that killed him. Of these four se- yet we should have done of ourselves: for far veral poisons ministered by Weston, and pro- be it from us by any strains of wit or arts, to cured by you, the 15th of Sept. 1615, Overbury seek to play prizes, or to blazon our names in died, and the author is ever worse than the blood, or to carry the day otherwise than upon actor. The first poison laid in the Indictment, sure grounds; we shall carry the lanthorn of that Weston gave sir T. Overbury, was the 9th justice (which is the evidence) before your eyes of May; and therefore we say, That the lord upright, and so be able to save it from being Somerset, the 8th of May, hired, counselled put out with any ground of evasion or vain deand abetted Weston to this fact: and as this fence, not doubting at all, but that the evidence day, my lord, I do charge you for a king, so itself will carry that force, as it shall need no heretofore king David was charged in the like advantage or aggravation.-First, my lords, case, for the murder of Uriah; and though the course that I will hold in delivering of that David was under his pavilion, and Uriah in the which I shall say, for I love order, is this: 1st, army, yet David was the cause of his murder: I will speak somewhat of the nature and greatso though you were in the king's chamber, and ness of the offence, which is now to be tried, Overbury in the Tower, yet it was you that not to weigh down my lord with the greatness killed him. It was a stronger hand than of it, but rather contrarywise to shew, that a Weston's that wrought this. The proof, Mr. great offence needs a good proof. And that Attorney, will follow; and I will now conclude the king, howsoever he might esteem this genwith two desires to the peers: first, That they tleman heretofore as the signet upon his finger will not expect visible proofs in the work of (to use the Scripture phrase), yet in such a darkness. The second is, That whereas in an case as this, he was to put it off.-2dly, I will Indictment there be many things laid only for use some few words touching the nature of the form, you are not to look that the proof should proofs, which in such a case are competent.follow that, but only that which is substantial; 3dly, I will state the proofs.-And, lastly, I and the substance must be this, Whether my will produce the proofs, either out of examinalord of Somerset procured or caused the poi- tion and matters of writing, or witnesses viva soning of sir T. Overbury, or no? L. H. S. That indeed, my lords, is that which you are to look after, Whether my lord of Somerset was the cause of his poisoning, or not? Lord Coke. This was very well moved by Mr. Recorder, and the law is clear in this point, that the proof must follow the substance, not the form. The Judges all rising, affirmed this to be true. voce. For the offence itself, it is of crimes, next unto High-treason, the greatest; it is the foulest of felonies. It hath three degrees; First, It is murder by impoisonment: Secondly, It is murder committed upon the king's prisoner in the Tower: Thirdly, I might say, That it is murder under the colour of friendship; but that is a circumstance moral, and therefore I leave that to the evidence itself. For murder, my lords, the first record of justice which was in Att. Gen. (sir Francis Bacon). May it please the world, was judgment upon a murderer, in your grace, my Lord High Steward of England, the person of Adam's first-born Cain: and and you my lords the peers, you have here be- though it was not punished by death, but fore you Robert earl of Somerset to be tried banishment, and marks of ignominy, in respect for his life, concerning the procuring and conof the population of the world; yet there was senting to the poisoning of sir T. Overbury, a severe charge given, that it should not go unthen the king's prisoner in the Tower of Lon- punished. So it appeareth likewise in Scripdon, as an accessary before the fact.-I know ture, that the murder of Abner by Joab, though your honours cannot behold this noble man, it were by David respited in respect of great but you must remember the great favours which services past, or reason of state, yet it was not the king hath conferred on him, and must be forgotten. But of this I will say no more, besensible, that he is yet a member of your body, cause I will not discourse; it was ever admitand a peer, as you are; so that you cannot ted and ranked in God's own tables, that murcut him off from your body, but with grief: and der is, of offences between man and man, next therefore you will expect from us that give in unto High-Treason, and disobedience to authothe king's evidence, sound and sufficient matter|rity, (which sometimes have been referred to the first table, because of the lieutenancy of * Qu. If this be what Weldon means in the God in princes) the greatest.-For impoisonpassage cited from him in the note to Annement, I am sorry it should be heard of in our Turner's case, supra, p. 929. kingdom; it is not nostri generis, nec sangui nis peccatum; it is an Italian comfit for the court of Rome, where that person that intoxicateth the kings of the earth is many times really intoxicated and poisoned himself. But it hath three circumstances which make it grievous beyond other matters.-The first is, that it takes a man away in full peace, in God's and the king's peace, that thinks no harm, but is comforting of nature with refection and food: so that, as the Scripture saith, his table is "made a snare.'-The second is, that it is easily committed, and easily concealed; and on the other side, hardly prevented, and hardly disco- | vered: For murder by violence, princes have guards, and private men have houses, attendants and arms: neither can such murder be committed, but cum sonitu, with some overt and apparent acts, that may discover and trace the offenders: but for poison, the cup itself of princes will scarce serve in regard of many poisons that neither discolour nor distaste; it comes upon a man when he is careless, and without suspicion, and every day a man is within the gates of death.-And the last is, because it concerneth not only the destruction of the maliced man, but of every man, Quis modo tutus erit?' For many times the poison is prepared for one, and is taken by another, so that men die other men's deaths, 'concidit infelix alieno vulnere;' and it is as the Psalinist calleth it, sagitta nocte volans,' the arrow that flieth by night, that hath no aim nor certainty. And therefore if any man shall say to himself, here is great talk of impoisonment, but I am sure I am safe, for I have no enemies, neither have I any thing another man should long for: Why, that is all one, he may sit next him at the table, that is meant to be impoisoned, and pledge him of his cup: As we may see in the example of 21 Hen. 8. That where the purpose was to poison one man, there was poison put into barm or yeast, and with that barm, pottage or grewel was made, whereby sixteen of the bishop of Rochester's servants were poisoned; nay, it went into the alms-basket likewise, and the poor at the gate were poisoned. And therefore with great judgment did the statute made that year, touching this accident, make impoisonment High-Treason, because it tends to the dissolving of human society; for whatsoever offence doth so, is in the nature thereof High-Treason.-Now for the third degree of this particular offence, which is, that it is committed upon the king's prisoner, who was out of his own defence, and merely in the king's protection, and for whom the king and the state were a kind of respondent: it is a thing that aggravates the fault much, for certainly (my lord of Somerset, let me tell you this, that sir T. Overbury is the first man that was murdered in the Tower of London, save the murder of the two young princes, by the appointinent of Richard 3. Thus much of the offence; now to the proofs. For the matter of proofs, you may consider that impoisonment, of all offences, is most secret, even so secret, that if in all cases of impoisonment you should require testimony, you should as good proclaim impunity.-Who could have impeached Livia by testimony, for the poisoning of her figs upon the tree, which her husband was wont to gather with his own hands? Who could have impeached Parasetis for the poisoning of the one side of the knife she carried with her, and keeping the other side clean, so that herself did eat of the same piece of meat that they did whom she did impoison? These cases are infinite, and need not to be spoken of the secrecy of impoisonment; but wise men must take upon them, in these secret cases, Solomon's spirit, that when there could be no witnesses, collected the act by the affection: but yet we are not at our cause, for that which your lordships are to try, is not the act of impoisonment, for that is done to your hands; all the world, by law, is concluded to say, that Overbury was poisoned by Weston: but the question before you is, of the procure ment only, and, as the law, termeth it, as accessary before the fact; which abetting is no more, but to do or use any act or means which may aid or conduce to the impoisonment.— So that it is not the buying, nor the making of the poison, nor the preparing, nor confecting, nor commixing of it, nor the giving or sending, or laying of the poison, that are the only acts that do amount unto the abetment: but if there be any other act or means done, or used to give opportunity of impoisonment, or to facilitate the execution of it, or to stop or divert any impediments that might hinder it, and that it be with an intention to accomplish and achieve the impoisonment; all these are abetments and accessaries before the fact. As for example, if there be a conspiracy to murder a man, as he journeyeth on the way, by invitation, or by colour of some business; and another taketh upon him to dissuade some friend of his company, that he is not strong enough to make his defence; and another hath a part to hold him in talk till the first blow be given: all these, my lords, without scruple, are accessaries to the murder, although none of them give the blow, nor assist to give the blow.-My lords, he is not the hunter alone, that lets slip the dog upon the deer, but he that lodgeth him and hunts him out, or sets a train or trap for him, that he cannot escape, or the like. But this, my lords, little needeth in this case; for such a chain of acts of impoisonments as this, I think, was never heard nor seen. And thus much of the nature of the proofs. To descend to the proofs themselves, I shall keep this course: First, I will make a narration of the fact itself. Secondly, I will break and distribute the proofs, as they concern the pri soner. And, thirdly, according to the distribution, I will produce them, and read them, to use them. So that there is nothing that I shall say, but your lordship shall have three thoughts or cogitations to answer it.-1st. When I open it, you may take your aim. 2dly, When I distribute it, you may prepare your Answers without confusion. And, 3dly, When I pro duce the witnesses, or the examinations them- | impugn, under pretence to do the true part of selves, you may again ruminate, and re-advise to make your defence.-And this I do, because your memory and understanding may not be oppressed or overloaden with length of evidence, or with confusion of order; nay more, when your lordship shall make your Answer in your time, I will put you in mind, where cause shall be of your omission. a friend, for that he accounted her an unworthy woman. But the truth was, Overbury, who (to speak plainly) had little that was solid for religion, or moral virtue, but was wholly possessed with ambition and vain-glory, was loth to have any partners in the favour of my lord of Somerset; and especially not any of the house of the Howards, against whom he had always First, therefore, sir T. Overbury, for a time, professed hatred and opposition.-And, my was known to have great interest and strait lords, that this is no sinister construction, will friendship with my lord of Somerset, both in appear to you, when you shall hear that Overhis meaner fortunes, and after; insomuch that bury made his brags, that he had won him the he was a kind of oracle of direction unto him, love of the lady, by his letters and industry; and if you will believe his own vaunt (being so far was he from cases of conscience in this indeed of an insolent and thrasonical disposi- point.-And certainly, my lords, howsoever the tion) he took upon him that the fortunes, re- tragical misery of this poor gentleman, Overputation and understanding of this gentleman bury, might somewhat obliterate his faults, yet, (who is well known to have an able teacher) because we are not upon point of civility, but proceeded from his company and counsel: and to discover the face of truth, before the face of this friendship rested not only in conversation justice, for that it is material to the true unand business at court, but likewise in commu- derstanding of the state of this cause, Overbury nication of secrets of state: for my lord of So- was naught and corrupt; the ballads must be merset exercising at that time by his majesty's mended for that point.-But to proceed: when special favour and trust, the office of secretary, Overbury saw that he was like to be possessor did not forbear to acquaint Overbury with the of my lord's grace, which he had possessed so king's packets and dispatches from all parts of long, and by whose greatness he had promised Spain, France, and the Low-Countries; and himself to do wonders, and being a man of an this then not by glimpses, or now and then unbounded and impudent spirit, he began not rounding in the ear for a favour, but in a set- only to dissuade, but to deter him from the tled manner; packets were sent, sometimes love of that lady; and finding him fixed, opened by my lord, sometimes unbroken unto thought to find a strong remedy: and supposOverbury, who perused them, copied them, re-ing that he had my lord's head under his girdle, gistered them, made table-talk of them, as they thought good. So I will undertake the time was, when Overbury knew more of the secrets of state, than the council-table did; nay, they were grown to such inwardness, as they made a play of all the world besides themselves, so as they had ciphers and jargons for the king and queen, and great men of the realm; things seldom used, but either by princes to their confederates, or at the least, by such as practise and work against, or at the least, upon princes. But understand me, my lord, I shall not charge you with disloyalty at this day; and I lay this for a foundation, that there was great communication of secrets between you and sir T. Overbury, and that it had relation to matters of state, and the great causes of this kingdom.--But, my lords, as it is a principle in nature, that the best things are, in their corruption, the worst, and the sweetest wine maketh the sourest vinegar; so it fell out with them, that this excess, as I may say, of friendship, ended in mortal hatred on my lord of Smerset's part. I have heard my Lord Steward say sometimes in the chancery, that frost and fraud end foul; and I may add a third, and that is, the friendship of ill men, which is truly said to be conspiracy and not friendship. For it fell out some twelve months or more before Overbury's imprisonment in the Tower, that the earl of Somerset fell into an unlawful love towards that unfortunate lady the countess of Essex, and to proceed to a marriage with her; this marriage and purpose did Overbury mainly in respect of communication of secrets of state, |