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

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

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

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

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

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

Upon the Wednesday following, she was brought from the sheriff's in a coach to Newgate, and was there put into a cart; and casting money often among the people as she went she was carried to Tyburn, where she was executed, and whither many men and women of fashion came in coaches to see her die: to whom she made a speech, desiring them not to rejoice at her fall, but to take example by her; she exhorting them to serve God, and abandon pride, and all other sins; relating her breeding with the countess of Somerset, having had no other means to maintain her and her children, but what came from the countess: and said farther, that when her hand was once in this business, she knew the revealing of it would be her overthrow. The which, with other like speeches, and great penitency there shewed, moved the spectators to great pity and grief for her..

105. The Trial of Sir JERVIS ELWES, knt. Lieutenant of the Tower, at the Guildhall of London, the 16th of November, for the Murder of Sir Thomas Overbury: 13 JAMES I. A.D. 1615. THE form of the Indictment was the malicious said earl writ two Letters to Rochester containaiding, comforting, and abetting of Weston in ing these words: the poisoning and murdering of Overbury whereupon it was laid against him as follows;

1st, When Weston received the vial of poison of two inches long, to give sir T. he having the glass in one hand, and broth for sir T. in the other hand, meeting the Lieutenant, asked him thus, Sir, shall I give it him now? The Lieutenant reproved him; yet that night he gave it him in his broth: Ergo, the Lieutenant knew of the practice and poisoning of sir T. Overbury, et qui non propulsat injuriam cum possit, infert. Cicero.-After this was known to be poison, yet he kept Weston still: he faYoured, countenanced, and graced him, and one time sent him a cup of sack, and bid his man tell him, that he loved him as well as ever he did: all this while he paid him no wages, And as soon as Overbury died, Weston was reoved. The countess wrote a letter to the Lieutenant; with the letter she sent poisoned Carts to Overbury, and wine to the Lieutenant's wife; and bade him give the tarts to Overbury, for there were letters in them, but his wife and children might drink the wine, for she was sure there were no letters in it.-The earl of Norampton writ a letter to the Lieutenant conthe imprisonment of Overbury; the

The Earl of Northampton's LETTER to Ro

chester.

"Sweet lord; Think not I find pain in that which gives me sweetest pleasure, which is any thing that falls from your pen; three things concur to my exceeding joy in your worthy letters, proof of your love, comfort in your words, and judgment in your writing; you may believe the words of him that will rather die than flatter you; my heart is full of the love of you; your characters are no more pain for me to peruse, being as well acquainted with your band as my own, the pain is no more than the cracking of a nut for the sweet kernel, or my niece's pain, in the silver-dropping stream of your pen.[There the Lord Chief-Justice left off reading for the bawdiness of it; then after in the Letter followed] I spent two hours yesterday, prompting the Lieutenant with cautions and considerations; observing with whom he is to deal, that he might the better act his part, for the adventure in which he dealeth.-H. NORTHAMPTON."

Another LETTER to Rochester.

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

ed in his affairs, I shall hold him discreet, and love him better whilst I live, for this bis conclusion: For this Negro can no more change his skin than a Leopard his spots. HENRY NORTHAMPTON."

Another LETTER to Rochester. "Sweet lord; Overbury being viewed, there was found in his arm an issue, and on his belly twelve kernels likely to break to issue, each as big as three-pence; one issue on his back, with a tawny plaister on it; this was strange and ugly. He stunk intolerably, in so much that he was cast into the coffin with a loose sheet over him. God is gracious in cutting off ill instruments from off the factious crew: If he had come forth, they would have made use of him. Thus, sweet lord, wishing you all increase of happiness and honour, I end, Your lordship's more than any man, HENRY NORTHAMPTON." The Lieutenant writ a Letter to the earl of Northampton, certifying him, That he undertook sir T. Overbury according to his instructions: That as soon as he came to the place, sir T. protested his innocency upon the bible; and then (quoth he) he asked me what they meant to do with him? I answered, They mean to refine you, that your pureness may appear a little better. After I walked with him in his chamber, and advised him to give way to the match between Rochester and the countess; but then he grew hot against your lordship and the countess of Suffolk, saying, If he were the ⚫ countess of Suffolk's prisoner,' (as he thought he was)' then' (said he)' let her know that I care as little to die as she to be cruel.' The countess of Suffolk I find to be joined with you

6

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

in this plot, though the chamberlain knows not of it, nor any one else. But Rochester's part I' shall much fear, until I see the event to be clearly conveyed. And so he concluded his letter. JERVIS ELWES.

The ANSWER of sir Jervis Elwes to the Points proposed.

"My lord; Before I answer to the matter of charge against me, let me remember your lordship of one speech which I learned from your mouth: I have heard you speak it at the council-table, and you have delivered it at the assizes in the country, That when a prisoner stands at the bar for his life, comfortless, allowed no counsel, but strong counsel against him, perchance affrighted with the fear of death, his wife and children to be cast forth out of doors, and made to seek their bread; you have always pitied the cause of such a one: You have protested you had rather hang in hell for mercy to such a one, than for judgment.-My lord, you have not observed your own rule in my cause; you have paraphrased upon every examination, you have aggravated every evidence, and applied it to me, so that I s and clearly condemned before I be found guilty: If I be so vile a man as your lordship conceives me, I were unworthy of any favour; but I hope your lordship shall not find it. So I will deny nothing that hath evidence of truth against me, I will not tell a lye to save my life, and I beseech your lordship so to conceive of me, move your charity towards me."

Then desired he the court, that the heads of the Accusations might be collected by the counsel for the king, which were the same which were mentioned before; to which he severally answered, &c.

"To the first, Shall I give it him now? He answered, that when Weston asked him the question, he saw no poison in his hand, and therefore, said he, in Weston's and mine examination, the question was, Shall I give it him now? not, Shall I give him this now? for there as a great difference between hoc and id in

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

ton had told me that it was poison which he meant to give, I reproved and beat him down with God's judgment; nay, I humbled him so, that upon his knees he thanked God and me, and told me, that he and his had cause to bless God for me, for that I with-held him from doing. that act; and if you call this comforting and abetting, to terrify a man for his sins, and to make him so confess his faults to God, and to abhor and detest the act, then was I an abettor and comforter of Weston.

"To the second, after I had thus terrified Weston with God's judgments, and saw him cast down for his offence; I could do him no better office than of charity, to raise him up, who was thus down, and therefore favoured him; I shewed him kindness, I drank to him, to the intent I might encourage the intentions of his mind, which I found then resolved in abhorring the fact: and that I gave him no

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

me.

present, that he thought that the Lieutenant knew not of the poison: and in his examination before the lord chief justice and serjeant Crew, being asked the meaning of these words, Shall I give it him now? he answers, that he thought that those which had set him on work, had acquainted the Lieutenant with their plot. Also I was so confident in my own innocency, that I told my lord chief justice, and my lord Zouch, the way to make Weston confess, and to discover all; which was by fair and gentle intreaty of him, and so by this means they might search the bottom of his heart: in this the lord chief justice witnessed with him. And after sir T.

"To the third, I never knew any other meaning to the countess's words in her letters, but the bare literal meaning; and sure (quoth he) after I had received the tarts, and they had stood a-while in my kitchen, I saw them so black and foul, and of such strange colours, that I did cause my cook to throw them away, and to make other tarts and jellies for him. "To the fourth, he said, the earl of Northamp-Overbury was dead, Weston and Mrs. Turner ton's letter to me, was not any thing touching the poisoning of Overbury, but for a close restraint; to the end, that Overbury might agree to their purposes concerning the marriage to be had between Rochester and the countess: if the earl of Northampton had any other plot to take away his life, I was not any thing of his council, or had knowledge therein.

were sent to know of me whether I had any inkling of the death of sir Thomas? What need they have made this question, if I had known any thing thereof? Also that which I do know concerning the poisoning of sir T. was after his death, by relation of Weston; and here I am indicted as accessary before the fact, when I knew nothing till after the fact."

After that he had confirmed these reasons by sundry proofs and witnesses, he went further in his own defence: "If I be in the plot, the lord

"To the fifth, whereas it is said, I received him according to my instructions, I meant none other thing than I have delivered before, which was concerning the closeness of his imprison-treasurer is, I have his letter to shew, in it: be ment."

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

called me to his lodging, and said, The plots you know them as well as I, the plots were only to repair her honour: my wife hath the letters from my lord treasurer and Monson; for these plots I will run willingly to my death, if circumstances be knit with any manner of fact."

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

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

"I will prove unto you by many infallible and unanswerable reasons, that I could not be aider and complotter with Weston in this poisoning. First, I made a free and voluntary discovery of it myself, I was not compelled: will any man imagine, that I would discover a thing, whereof I could not clear myself? Nature is more kind than to be its own accuser. Besides, that my clearness might more appear, and remain in the world without any suspicion, I proceeded and accused the murderer Weston: it had been a senseless thing, and absurd in me, if I had not thought myself clear, to have accused him, who might have done as much for me. Nay, Weston himself proved me to be an honest man before the chancellor of the exche*er for he confessed to him and others being

Then he put to my lord chief justice this case: "If one that knoweth not of any plot to poison a man, but only suspecteth, is no actor or contriver himself, only imagineth such a thing, Whether such a one be accessary to the murder; for the words of the indictment are, abetting and comforting with malice: Now if there be any man that charges me expressly, or in direct terms, that I was an abettor, or if the court shall think in this case which I have put that such a concealing without malice, is an abetting, I refuse not to die, I am guilty.” This was the sum of his speech.

Then the Lord Chief Justice replied; That to his knowledge, he spake no more concerning the evidence than he could in conscience justify, which was only to express the evidence of things, and not wresting any thing in prejudice of his life. But further he told

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 touch-
ed. 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 boson)
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 20l. 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 12several letters from her to prosecute it, and was to have 200l. to continue their loves until the marriage; and that all things were burnt since the first discovery."

Those were all the materials in Franklin's Confession. To this sir Jervis Elwes knew not 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 judgment of death against him.

On Monday the 20th of November, 1615, he was executed at Tower-hill, 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 chaolains; 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 be 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 am scab is like the fox, the more he is cursed, here come, as well to shew, explain, and unthe 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, Í 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 my condemnation, by means and help of any thing that he did eat, but there was some these two gentlemen bere 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 inore 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, pot 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