the christian world. He hath maintained it not only with sceptre and sword, but likewise by his pen; wherein also he is potent. He hath awaked and re-authorized the whole party of the reformed religion throughout Europe; which through the insolency and divers artifices and inchantments of the adverse part, was grown a little dull and dejected: he hath summoned the fraternity of kings to enfranchise themselves from the usurpation of the see of Rome: he hath made himself a mark of contradiction for it. Neither can I omit, when I speak of religion, to remember that excellent act of his majesty, which though it were done in a foreign country, yet the church of God is one, and the contagion of these things will soon pass seas and lands: I mean, in his constant and holy proceeding against the heretic Vor-tius, whom, being ready to enter into the chair and there to have authorized one of the most pestilent and heathenish heresies that ever was begun, his majesty by his constant opposition dismounted and pulled down. And I am persuaded there sits in this court one whom God doth the rather bless for being his majesty's instrument in that service. I cannot remember religion and the church, but I must think of the seed-plots of the same, which are the universities. His majesty, as for learning amongst kings he is incomparable in his person; so likewise hath he been in his government a benign or benevolent planet towards learning: by whose influence those nurseries and gardens of learning, the universities, were never more in flower nor fruit. For the maintaining of the laws, which is the hedge and feuce about the liberty of the subject, I may truly affirm it was never in better repair. He doth concur with the votes of the nobles, nolumus leges Anglice 'mutare.' He is an enemy of innovation. Neither doth the universality of his own knowledge carry him to neglect or pass over the very forms of the laws of the land. Neither was there ever king, I am persuaded, that did consult so oft with his judges, as my lords that sit here know well. The judges are a kind of council of the king's by oath and ancient institution; but he useth them so indeed; he confers regularly with them upon their returns from their visitations and circuits: he gives them liberty both to inform him, and to debate matters with him; and in the fall and conclusion commonly relies on their opinions. As for the use of the prerogative, it runs within the ancient channels and banks. Some things that were conceived to be in some proclamations, commissions, and patents, as overflows, have been by his wisdom and care reduced; whereby, no doubt, the main channel of his prerogative is so much the stronger. For evermore overflows do hurt the channel. As for administration of justice between party and party, I pray observe these points. There is no news of great seal or signet that flies abroad for countenance or delay of causes; protections rarely granted, and only upon great ground, or by cousent. My lords here of the council

and the king himself meddle not, as hath been used in former times, with matters of meum and tuum, except they have apparent mixture with matters of estate, but leave them to the king's courts of law or equity. And for mercy and grace, without which there is no standing before justice, we see, the king now hath reigned twelve years in his white robe, without almost any aspersion of the crimson dye of blood. There sits my lord Hobart, that served attorney seven years. I served with him. We were so happy, as there passed not through our hands any one arraignment for treason; and but one for any capital offence, which was that of the lord Sanquhar; the noblest piece of justice, one of them, that ever came forth in any king's time. As for penal laws, which lie as snares upon the subjects, and which were as a nemo scit to king Henry 7; it yields a revenue that will scarce pay for the parchment of the king's records at Westminster. And lastly for peace, we see manifestly his majesty bears some resemblance of that great name, a prince of peace: he hath preserved his subjects during his reign in peace, both within and without. For the peace with states abroad, we have it usque ad satietatem : and for peace in the lawyers phrase, which count trespasses, and forces, and riots, to be contra pacem; let me give your lordships this token or taste, that this court, where they should appear, had never less to do. And certainly there is no better sign of omnia bene, than when this court is in a still. But, my lords, this is a sea of matter; and therefore I must give it over, and conclude, that there was never king reigned in this nation that did better keep covenant in preserving the liberties and procuring the good of his people: so that I must needs say for the subjects of England,

O fortunatos nimium sua si bona nôrint ;' as no doubt they do both know and acknowledge it; whatsoever a few turbulent discourses may, through the lenity of the time, take boldness to speak. And as for this particular, touching the Benevolence, wherein Mr. I. S. doth assign this breach of covenant, I leave it to others to tell you what the king may do, or what other kings have done; but I have told you what our king and my lords have done: which, I say and say again, is so far from introducing a new precedent, as it doth rather correct, and mollify, and qualify former precedents. Now, Mr. I. S. let me tell you your fault in few words: for that I am persuaded you see it already, though I woo no man's repentance; but I shall, as much as in me is, cherish it where I find it. Your offence hath three parts knit together: your slander, your menace, and your comparison. For your slander, it is no less than that the king is perjured in his coronation oath. No greater offence than perjury; no greater oath than that of a coronation. I leave it; it is too great to aggravate. Your menace, that if there were a Bullingbroke, or I cannot tell what, there were matter for him, is a very seditious passage. You know well, that how

soever Henry 4's act, by a secret providence of God, prevailed, yet it was but an usurpation; and if it were possible for such a one to be this day, wherewith it seems your dreams are troubled, I do not doubt, his end would be upon the block; and that he would sooner have the ravens sit upon his head at London-bridge, than the crown at Westminster. And it is not your interlacing of your God forbid,' that will salve these seditious speeches: neither could it be a forewarning, because the matter was past and not revocable, but a very stirring up and incensing of the people. If I should say to you, for example, if these times were like some former times, of king Henry 8, or some other times which God forbid, Mr. I. S. it would cost you your life;' I am sure you would not think this to be a gentle warning, but rather that I incensed the court against you. And for your comparison with Richard 2, I see, you follow the example of them that brought him upon the stage, and into print, in Elizaqueen beth's time, a most prudent and admirable queen. But let me intreat you, that when you will speak of queen Elizabeth or king James, you would compare them to king Henry 7, or King Edward 1, or some other parallels, to which they are alike. And this I would wish both you and all to take heed of, how you speak seditious matter in parables, or by tropes or examples. There is a thing in an indictment called an inuendo; you must beware how you beckon or make signs upon the king in a dangerous sense. But I will contain myself and press this no farther. I may hold you for tur; bulent or presumptuous; but I hope you are not disloyal: you are graciously and mercifully dealt with. And therefore having now opened to my lords, and, as I think, to your own heart and conscience, the principal part of your offence, which concerns the king, I leave the rest, which concerns the law, parliament, and the subjects that have given, to Mr. Serjeant and Mr. Solicitor.

The following passages relating to this case are extracted from lord Bacon's works, Birch's edition.

To the King, reporting the state of lord chancellor Ellesmere's health.

I found him [the lord Chancellor] in bed, but his spirits fresh and good, speaking stoutly, and without being spent or weary; and both willing and beginning of himself to speak, but wholly of your majesty's business: wherein I cannot forget to relate this particular; that he wished that his sentencing of O. S. at the day appointed might be his last work, to conclude his services, and express his affection towards your majesty. I told him, I knew your majesty would be very desirous of his presence that day, so it might be without prejudice: but otherwise your 'majesty esteemed a servant more than a service, especially such a servant. Jan. 29, 1614. Old Style.

To the King touching Peacham's business, &c. For Mr. St. John, your majesty knoweth, the

day draweth on; and my lord chancellor's recovery, the season, and his age, promising not to be too hasty. I spake with him on Sunday at what time I found him in bed, but his spirits strong, and not spent or wearied, and spake wholly of your business, leading me from one matter to another; and wished and seemed to hope, that he might attend the day for O. S. and it were, as he said, to be his last work to conclude his services, and express his affection towards your majesty. I presumed to say to him, that I knew your ntajesty would be exceeding desirous of his being present that day, so as that it might be without prejudice to his continuance; but that otherwise your majesty esteemed a servant more than a service, especially such a servant. Surely in mine opinion your majesty were better put off the day than want his presence, considering the cause of the putting off is so notorious; and then the capital and the criminal may come together the next term. FR. BACON. Jan. 31, 1614. O. S. To the King, touching my Lord Chancellor's amendment, &c.

He [the Lord Chancellor] had sent also to my lord treasurer, to desire him to come to him about that time. His lordship came; and, not to trouble your majesty with circumstances, both their lordships concluded, myself present and concurring, that it could be no prejudice to your majesty's service to put off the day for Mr. St. John till the next term: the rather, because there are seven of your privy-council, which are at least numerus and part of the court, which are by infirmity like to be absent; that is, my lord chancellor, my lord admiral, my lord of Shrewsbury, my lord of Exeter, my lord Zouch, my lord Stanhope, and Mr. chancellor of the dutchy; wherefore they agreed to hold a council to-morrow in the afternoon for that purpose. It is true, that I was always of opinion that it was no time lost; and Ï do think so the rather, because I could be content, that the matter of Peacham were first settled and put to a point. For there be perchance that would make the example upon Mr. St. FR. BACON. Feb. 7, John to stand for all.

1614. O. S.

To the King.

It may please your excellent majesty; Mr. St. John his day is past, and well past. I hold it to be Janus bifrons; it hath a good aspect to that which is past, and to the future, and doth both satisfy and prepare. All did well : my lord chief justice delivered the law for the Benevolence strongly; I would he had done it timely.

Mr. chancellor of the exchequer spake finely, somewhat after the manner of my late lord privy seal; not all out so sharply, but as elegantly. Sir Thomas Lake, who is also new in that court, did very well, familiarly and counsellor-like. My lord of Pembroke, who is likewise a stranger there, did extraordinary well, and became himself well, and had an evident applause. I meant well also; and because my information was the ground; having

9 Maii 1613, 11 Jacobi, &c. at the Tower of London, in the parish of Alhallows Barking, did obtain and get into his hand certain poison of green and yellow colour, called Rosalgar, (knowing the same to be deadly poison) and the same did maliciously and feloniously mingle and compound in a kind of broth poured out into a certain dish; and the same broth, so infected and poisoned, did give and deliver to the said sir Thomas Overbury as wholesome and good broth, to the intent therewith to kill and poison the said sir Thomas, which broth he took and did eat.

Also the said Weston upon the first of July, 11 Jacobi, as aforesaid, did in like manner get another poison or poisons compounded, called White Arsenick, and (knowing the same to be deadly poison) did give unto the said sir Thomas Overbury, as good and wholesome to eat, who took and did eat.

Also that Weston, upon the said 19th of July following, did get another poison called Mercury Sublimate, (knowing the same to be mortal poison) and put and mingled the same in tarts and jellies, and gave the same unto sir Thomas Overbury, as good and wholesome to eat, which he in like manner took and did eat. Also the said Weston, and another man being an apothecary, afterwards, upon the 14th of September, feloniously did get a poison, called Mercury Sublimate, (knowing the same to be deadly poison) and put the same into a clyster mingled with the said poison: and the said clyster the said apothecary, for the reward of 201. promised unto him, did put and minister (as good and wholesome) into the guts of said sir T.; and that Weston was present and aiding to the said apothecary in ministering and infusing the said clyster; and that immediately after, as well the taking of the said poisoned neats, and ministering the said clyster, the said sir T. did languish, and fell into diseases and distempers; and from the aforesaid times of taking and eating the said poisoned meats, and ministering the said clyster, he died and so the jury gave their verdict, That Weston in this manner had killed, poisoned, and murdered the said sir T. against the king's peace and dignity. Which Indictment being read, he was demanded if he were guilty of the felony, murdering, and poisoning, as aforesaid, yea or no. To which he answered, doubling his speech, Lord have mercy upon me! Lord have mercy upon me! But being again demanded, he answered, Not Guilty. And being then demanded how he would be tried, he answered, he referred himself to God, and would be tried by God; refusing to put himself and his cause upon the jury or country, according to the law or custom. Hereupon the lord chief justice, and all other in their order, spent the space of an hour in persuading him to put himself upon the trial of the law; declaring unto him the danger and mischief he ran into hy resisting his ordinary course of trial, being the means ordained by God for his deliverance, if he were innocent; and how by this means he would make himself

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the author of his own death, even as if he should with a knife or dagger kill or stab himself, exhorting him very earnestly either with repentance to confess his fault, or else with humility and duty to submit himself to his ordinary trial. Whereupon he stubbornly answered, Welcome by the grace of God; and he refer red himself to God. And so when no persua sions could prevail, the lord chief justice plainly delivered his opinion*, That he was persuaded that Weston had been dealt withal by some great ones, guilty of the same fact, as accessary, to stand mute, whereby they might escape their punishment: and therefore he commanded (for satisfaction of the world) that the queen's attorney there present should declare, and set forth the whole evidence, without any fear or partiality and yet notwithstanding, he once more used much persuasion to the prisoner to consider what destruction he brought upon himself by his contempt; and declaring unto him how his offence of contempt was, in refusing his trial, and how the laws of the land had provided a sharper and more severe punishment to such offenders than unto those that were guilty of high treason: and so he repeated the form of judgment† given against such, the extremity and rigour whereof was expressed in these words, onere, frigore et fume. For the first, he was to receive his punishment by the law, to be extended, and then to have weights laid upon him, no more than he was able to bear, which were by little and little to be increased.

For the second, that he was to be exposed in an open place, near to the prison, in the open air, being naked.

And lastly, that he was to be preserved with the coarsest bread that could be got, and water out of the next sink or puddle to the place of execution, and that day he had water he should have no bread, and that day he had bread he should have no water; and in this torment he was to linger as long as nature could linger out, so that oftentimes men lived in that extremity eight or nine days: adding further, that as life left him, so judgment should find him. And therefore he required him, upon consideration of these reasons, to advise himself to plead to the country, who notwithstanding absolutely refused.

*The chief justice had intelligence underhand, that Yelverton, an obliged servant to the house of the Howards, had advised this counsel for Weston, in order to prevent the prosecution from reaching any farther: Yelverton was at this time Solicitor-general, but does not appear to have had any share in any of the trials for the murder of sir Thomas Overbury, though the Attorney and other counsel of the king had their parts in them.

+ Concerning standing mute and the punishment of penance or peine fort et dure, See 2 Hale's P.C. c. 43, but now by st. 12 G. 3, c. 30, standing mute shall have the same judgment and all other consequences as a conviction by verdict or confession.

3 N