wherefore, good sir Jervis," (quoth he) "for- whereunto sir Jervis said, "Look to it, do then." 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; * 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 joys, which the heart of man is unable to couceive, the tongue to utter, or the ear to hear. Hear then, Lord, the petition of me, a most intolerable wretch, according to thy promise made to the repentant sinner; my sins yet unknown 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 VOL. II. 66 with his face covered; and after he uncovered 3 P 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 his 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 | 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 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. Letter 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 Franklin 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. 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 know not the nature of that. She said, then he was a fool; and gave him pieces of gold, and bade him buy some of that powder for her. Franklin demands of the countess, what was the reason she would poison sir T. Overbury? 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. 911. 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 hin 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. Franklin having confessed his former Examinations under his own hand, being permitted to speak for himself, said, That at the entreaty of the countess and Mrs. Turner, he did buy these poisons, but protested his ignorance what they meant to do with them; and 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 a 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-Treasurer, nor calumniate him, for I know he is very honourable, but I desire to have an answer to my two questions. L. C. J. You shall hear 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. 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 proceedings, and made a speech to this effect, viz. He saw a great assembly, and though it had 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 master, 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 Doderidge. It is an atheist's word to remight be most kind to him; for, as I take itnounce God's mercy; you must think the lest I should be mistaken, sir Francis Anderson change of your lodging means somewhat. 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, 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 inno❤ cent 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 his 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 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 te.m; 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 Eng land, 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 Daeres, 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 sine 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 oue than in the other, and that you my know his skill, he was himself 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 cter 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 peers above-named were all that ap. peared at any time at the trial, though there were six others summoned, but why they absented themselves is not known; and those were, the duke of Lenox, lord steward of the houshold; earl of Huntingdon; lord Darcy of Menell; lord Eure; lord Hunsdon; lord Darcy of Chiche; The Form of their Sitting, and their Ceremonies. When my Lord Chancellor, who for this time was High-Steward of England, came into the court, there came before him six serjeants at arms, with their maces; sir Geo. Coppin with his patent; sir Rd. Coningsby with his white staff; Mr. Manwaring with the great seal; he himself, at the upper end of the court, sitting under a cloth of estate; on both hands of him the peers, under them the judges; at the farther end the king's counsel, below the judges; on one side Finch, keeper of the records of attainders; the clerk of the crown and his deputy, in the midst of the court, the serjeant-crier standing by him; sir Rd. Coningsby, sir Geo. Coppin, the seal-bearer, &c. at my Lord Steward's feet. The Prisoner at the Bar behind the king's counsel; the Lieutenant of the Tower in a little place adjoining to the Bar. : All being silent, sir Geo. Coppin rises and delivers the patent to the Lord High Steward, upon his knee; he receives it and kisses it, then redelivers it to Mr. Fenshaw, who takes it kneeling. Then the serjeant-crier makes a proclamation in the Lord High-Steward's name, to keep silence; then Mr. Fenshaw reads the commission, which bears date the 10th of May then there is another O-yes, to certify my Lord Steward, whether Weston were convicted as principal, for the murder of sir T. Overbury. Then the Lord Chief Justice delivers at Schedule indorsed with a Certificate of four judges of the King's-Bench, and others the Commissioners. This Fenshaw, turning to my Lord Steward, reads. A third O-yes, for certifying of other indictments: my lord Coke delivers another schedule indorsed with the Certificate of my lady Somerset's indictment; which Fenshaw, as before, read. A fourth O-yes, for Walter Lee, serjeant at arms, to return the Precept for the peers of Frances countess of Somerset ; which accordingly, after his three reverences to the Lord High-Steward, he delivered to Mr. Fenshaw: he reads the indorsement. A fifth O-yes, to call the lords summoned by the command of the Lord HighSteward, to answer to their names, which they accordingly did, beginning at the first; and as every one was named they put off their hats, and stood up till the next was named. A sixth O-yes to the Lieutenant of the Tower, to return his Precept, and bring the Prisoner to the Bar; * See the Commission in Rym. Fod. vol. xvi. p. 781. † 3 Co. Inst. 135, 136. which he did, and gave his Precept to the ser jeant, who gave it to Mr. Fenshaw, and he, as before, read the indorsement. The Prisoner made three reverences to his grace and the peers; she was in black tammel, a cypress chaperon, a cobweb lawn ruff and cuffs. L. H. S. My lords, the reason why you be called hither this day, is to sit as peers of Frances countess of Somerset. Mr. Fenshaw, Clerk of the Crown. Frances countess of Somerset, hold up thy hand. She does so, and held it up till Mr. Lieutenant told her she might put it down; and then he read the Indictment, containing Weston's accounts, in the poisoning of sir T. Overbury, and her abetting of him, the 8th of May, 1613.-The countess of Somerset, all the while the indictment was reading, stood, looking pale, trembled, and shed some few tears; and at the first naming of Weston in the indictment, put her fan before her face, and there held it half covered till the indictment was read. Mr. Fenshaw. Frances countess of Somerset, what sayest thou? Art thou guilty of this felony and murder, or not guilty? The lady Somerset making an obeisance to the Lord High Steward, answered Guilty, with a low voice, but wonderful fearful. My lady, upon her Arraignment, having pleaded Guilty, the proceeding after was thus: Mr. Attorney. May it please your grace, my Lord High Steward of England, I am glad to hear this lady's so free acknowledgment, for confession is noble. Those that have been formerly indicted, at their Arraignment persisted in denial, as Weston, Elwes, Franklin and Turner; but you see this lady's humility and repentance by so pleading; and certainly she cannot but be a spectacle of much commiseration, you either respect the sex, a woman, or her parentage, honourable; but this day and to-morrow is to crown justice: the mercy-seat is the inner part of the temple, the throne publick, and therefore I shall now only pray a record of the confession and judgment: but since the peers are met, for honour's sake it is good to declare the king's justice. This is the second time since the king's coming, these thirteen years, that any peers have been arraigned, and both these times your grace had the place of High-Steward; the first were Grey and Cobham, and though they were convicted, yet execution followed not. No noble blood hath yet been spilt since his majesty's reign. The first was revenge of treason amongst malecontents; and this of a particular offence to a private subject, against those that have been so high in the king's grace and favour, and therefore deserve to be written in a sun-beam. But his being the best master in the world, hinders him not from being the best king; for he can as well plane a hill, as raise a valley: a good lesson to put to my lords the peers; he is lieutenant to him that is |