great escape: wherein the King, being in great straits between the defacing of his honour and of his creature, hath (according as he useth to do) chosen the better part, reserving always mercy to himself. The time also of this justice hath had his3 true motions. The time until this Lady's deliverance was due unto honour, christianity, and humanity, in respect of her great belly. The time since was due to another kind of deliverance too; which was that some causes of estate which were in the womb might likewise be brought forth, not for matter of justice but for reason of state. Likewise this last procrastination of days had the like weighty grounds and causes.1 1 greater: B. 2 B. omits "this." 3 its in the Baconiana.' That the MS. has his, I cannot assert positively, because at the time I made the collation my attention had not been called to the fact that its was a form not then in use. But I have so little doubt that it will be found so, that I make the correction at a venture. 4 From this point the other speech proceeds thus: "And this is the true and brief representation of this excellent work of the King's Justice. "Now for the evidence against this Lady, I am sorry I must rip it up. I shall first show you the purveyance or provision of the poisons; that they were 7 in number brought to this Lady and by her billetted and laid up till they might be used; and this done with an oath or vow of secrecy which is like the Egyptian darkness, a gross and palpable darkness that may be felt. Secondly, I shall show you the exhibiting and sorting of this same number or volley of poisons: white arsenic was fit for salt, because it is of like body and colour; the poison of great spiders and of the venomous fly cantharides was fit for pig's sauce or partridge sauce, because it resembled pepper; as for mercurywater, and other poisons, they might be fit for tarts, which is a kind of hotch-pot wherein no one colour is so proper: and some of these were delivered by the hands of this Lady, and some by her direction. "Thirdly, I shall prove and observe unto you the cautions of these poisons; that they might not be too swift, lest the world should startle at it by the suddenness of the dispatch; but they must abide long in the body, and work by degrees: and for this purpose there must be essays of them upon poor beasts, etc. "And lastly, I shall shew you the rewards of this impoisonment, first demanded by Weston and denied because the deed was not done; but after the deed done and perpetrated, that Overbury was dead, then performed and paid to the value of 1801. "And so without further aggravation of that which in itself bears her own tragedy, I will conclude with the confessions of this Lady herself, which is the strongest support of justice, and yet is the footstool of mercy. For as the Scripture says, Mercy and Truth have kissed each other; there is no meeting or greeting of mercy, till there be a confession or trial of truth. For these read, "Franklin, 16 November. The Countess letter without date. The Countess confession, 8 January. But (my Lords) where I speak of a stage, I doubt I hold you upon the stage too long. But before I pray judgment, I pray your Lordships to hear the King's papers read, that you may see how well the King was inspired, and how nobly he carried it, that innocency might not have so much as aspersion. Frances Countess of Somerset hath been indicted and arraigned, as accessary before the fact, for the murder and impoisonment of Sir Thomas Overbury, and hath pleaded guilty, and confesseth the indictment: I pray judgment against the pri soner. The prisoner being asked in the usual form what she had to say, the following passage occurred, according to the report in the State Trials: "Countess of Somerset. 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 spoke humbly, fearfully, and so low that the Lord Steward could not hear it. But Mr. Attorney related it.) "Mr. Attorney. The Lady is so touched with remorse and sense of her fault that grief surprises her from expressing herself: but that which she hath confusedly said is to this effect, That she cannot excuse herself, but desires mercy." This was the whole of the proceeding that day, and it was over by noon. "She won pity (says Chamberlain) by her sober demeanour, which in my opinion was more curious and confident than was fit for a Lady in such distress; and yet she shed or made shew of some tears divers times. She was used with more respect than usual, nothing being aggravated against her by any circumstance, nor any invective used, but only touching the main offence of murder; as likewise it was said to day to be the King's pleasure, that no odious or uncivil speeches should be given. The general opinion is that she shall not die; and many good words were given to put her in hope of the King's mercy, wherein the Lord Steward with the rest of the Peers promised their best mediation." : "Her carriage (says Sherburn, writing to Carleton on the same day) hath much commended her for both before and after her condemnation she behaved herself so nobly and worthily as did express to the world she was well taught and had better learned her lesson. . . . It is conceived by many that in regard she stood not upon her justification, but confessed and submitted herself to the law and 1 State Trials, p. 957. 2 Chamberlain to Carleton, writing in haste at 8 o'clock on the 25th of May. mercy of the King, that she shall not die; which they ground upon Mr. Attorney's speech, which did intimate such a kind of hope; but for my part I am not so confident, because of the King's solemn protestation made at the first discovery of the business, that the severity of the law should be executed upon the offenders; and seeing so many have already suffered I cannot believe he will spare this noble Lady, though the greatness of her birth and friends may plead much for her."1 In the meantime she was condemned to be hanged, and taken back to the Tower; most of the bystanders, according to Camden, pitying her.2 5. On the same night, when Sir George More warned the Earl to be ready for his trial the next morning (for which it seems he was still unprepared, having trusted probably to the operation of his recent threat upon the King's mind), he was alarmed by the effect the message took upon him. According to Weldon, who professes to have heard the story from Sir George himself," he did absolutely refuse it, and said they should carry him in his bed; that the King had assured him he should not come to any trial, neither durst the King bring him to trial;" using such "bold and undutiful expressions that Sir George went off in great consternation to Greenwich, waked up the King at midnight, and asked him what was to be done. The King, he adds, did not know, but "falling into a passion of tears" left it to Sir George's management, promising that if he "helped him in this great strait, he should find he did it for a thankful master." Upon which Sir George returned to Somerset at 3 in the morning, and assured him, as from the King, that though it was necessary that he should appear at the bar to satisfy justice, he should "return instantly again without any further proceedings." "With which trick he allayed his fury and got him quietly about 8 in the morning to the Hall."3 Stories told by men like Weldon are not the more to be believed because they have some foundation in fact. But when the fact can be discovered it generally detects the fiction in the superstructure. In this case we happen to have good evidence that some outbreak of the kind did occur on the part of Somerset, and that some immediate communication was made about it by Sir George More to the King. But the letter which proves that so much was true proves also that the rest of the circumstances were badly invented. The letter which contains the evidence is the King's answer to Sir George's commu2 Annalium Apparatus. 1 S. P. Dom. James I., vol. lxxxvii. no. 29. 3 'Secret History of the Court of James I.,' vol. i. VOL. V. p. 421. X nication; a letter still extant in autograph. From this it appears that on the very eve of the trial More had reported to the King a new difficulty. Somerset had been seized with some "strange fit," -either was, or pretended to be, either mad or unable to move. In answer to which "strange news "the King directs him to let Lord Hay and Sir Robert Carr (who had already been sent) speak with him first; and "when that is done," he adds, " if he shall still refuse to go, ye must do your office, except he be either apparently sick or distracted of his wits; in any of which cases ye may acquaint the Chancellor with it, so that he may adjourn the day till Monday next, between which time [and this] if his sickness or madness be counterfeited, it will manifestly appear." "If he have said anything of moment to the Lord Hay," he concludes, "I expect to hear of it with all speed; if otherwise let me not be troubled with it till the trial be past." This therefore was the last stage of the negotiation; and the end of it was that Somerset, finding that his last device had failed like the rest and that he could not help himself, consented to go and went quietly. The throng was as great and the audience as distinguished as the day before; "more ladies and great personages," says Chamberlain, "than ever I think were seen at any trial." The proceedings were much more interesting. For the evidence which constituted the case against Somerset was now to be produced in public for the first time. The story of the murder,-the way in which and the persons by whom it was done,-had been heard over and over again; and the principal facts which involved the Countess as accessary had come out in the trials or confessions of her instruments. But with regard to the Earl, though it was understood upon what should have been good authority that there was conclusive evidence against him, no one had yet heard what it was. The indictment having been read, the prisoner having pleaded not guilty, and the Sergeant Crier having called upon all those that were to give in evidence against him to make their appearance, Serjeant Montague opened the case with a brief statement of the several acts charged; concluding that the question the Peers had to consider was in substance only this-" Whether my Lord of Somerset procured or caused the poisoning of Sir T. Overbury, or no ?" Then Bacon rose to give in the evidence. I take his speech from the copy in Tenison's 'Baconiana,' which professes to be a copy from Bacon's own, which I have not been able to find. The other transcripts which I have seen may occasionally suggest a better reading, or supply a lost sentence, but are evidently of inferior authority, so that the variations are for the most part not worth recording. 1 Archæologia, vol. xviii. In this, however, as in other similar cases, it is doubtful whether Bacon's own copy was a draft of what he intended to say or a report from recollection of what he said. Upon either supposition variations would almost inevitably occur. And therefore I have compared it with other reports made apparently by ear-witnesses, and where I have noticed any differences which cannot be attributed to the imperfect hearing or art of the reporter, I have given them in the notes. THE CHARGE OF SIR FRANCIS BACON, HIS MAJESTY'S ATTORNEY GENERAL, BY WAY OF EVIDENCE, BEFORE THE LORD HIGH STEWARD AND THE PEERS, AGAINST ROBERT EARL OF SOMERSET FOR THE POISONING OF OVERBURY.1 It may please your Grace, my Lord High Steward of England, and you my Lords the Peers; you have here before you Robert Earl of Somerset, to be tried for his life, concerning the procuring and consenting to the impoisonment of Sir Thomas Overbury, then the King's prisoner in the Tower of London, as an accessary before the fact. of I know your Lordships cannot behold this nobleman, but you must remember his great favour with the King, and the great place that he hath had and borne, and must be sensible that he is yet your number and body, a Peer as you are; so as you cannot cut him off from your body but with grief; and therefore that you will expect from us that give in the King's evidence sound and sufficient matter of proof to satisfy your honours and consciences. And for the manner of the evidence also, the King our master (who among his other virtues excelleth in that virtue of the imperial throne, which is justice) hath given us commandment that we should not expatiate nor make invectives, but materially pursue the evidence, as it conduceth to the point in question; a matter that (though we are glad of so good a warrant) yet we should have done of ourselves: for far be it from us, by any strains of wit or art, to seek to play prizes, or to blazon our names in blood, or to carry the day otherwise than upon just grounds. We shall carry the lanthorn of justice (which is the evidence) before your eyes upright, and be able to save it from 1 Tenison's 'Baconiana,' p. 14. 6 2 So in Baconiana.' Other MSS. have " to be able." Perhaps it should be "upright and steady." |