though he did palliate it with a great deal of hypocrisy and dissimulation even to the end; I shall prove it (my Lord Steward, and you my Lords and Peers) manifestly, by matter both of oath and writing. The root of this hatred was that that hath cost many a man's life; that is, fear of discovering secrets: secrets (I say) of a high and dangerous nature. Wherein the course that I will hold shall be this.

First, I will shew that such a breach and malice was between my Lord and Overbury, and that it burst forth into violent menaces and threats on both sides.

Secondly, That these secrets were not light, but of a high nature; for I will give you the elevation of the pole. They were such as my Lord of Somerset for his part had made a vow, that Overbury should neither live in court nor country. That he had likewise opened himself and his own fears so far, that if Overbury ever came forth of the Tower, either Overbury or himself must die for it. And of Overbury's part, he had threatened my Lord, That whether he did live or die, my Lord's shame should never die, but he would leave him the most odious man of the world. And further that my Lord was like enough to repent it in the place where Overbury wrote, which was the Tower of London. He was a true prophet in that. So here is the height of the secrets.

Thirdly, I will shew you that all the King's business was by my Lord put into Overbury's hands: So as there is work enough for secrets, whatsoever they were. And like Princes confederates, they had their ciphers and jargons.

And lastly I will shew you that it is but a toy to say that the malice was only in respect he spake dishonourably of the Lady; or for doubt of breaking the marriage: for that Overbury was a coadjutor to that love, and the Lord of Somerset was as deep in speaking ill of the Lady as Overbury. And again, it was too late for that matter, for the bargain of the match was then made and past. And if it had been no more but to remove Overbury from disturbing of the match, it had been an easy matter to have banded over Overbury beyond seas, for which they had a fair way; but that would not serve their turn.

And lastly, periculum periculo vincitur, to go so far as an impoisonment must have a deeper malice than flashes: for the cause must bear a proportion to the effect.

For the next general head of proofs, which consists in acts preparatory to the middle acts, they are in eight several points of the compass, as I may term it.

First, That there were devices and projects to despatch Overbury, or to overthrow him, plotted between the Countess of Somerset, the Earl of Somerset, and the Earl of Northampton, before they fell upon the impoisonment: for always before men fix upon a course of mischief there be some rejections; but die he must one way or other.

Secondly, That my Lord of Somerset was principal practiser (I must speak it) in a most perfidious manner to set a train or trap for Overbury to get him into the Tower; without which they never durst have attempted the impoisonment.

Thirdly that the placing of the Lieutenant Helwisse, one of the impoisoners, and the displacing of Waade, was by the means of my Lord of Somerset.

Fourthly, That the placing of Weston the underkeeper, who was the principal impoisoner, and the displacing of Cary, and the doing of all this within fifteen days after Overbury's commitment, was by the means and countenance of my Lord of Somerset. And these two were the active instruments of the impoisonment and this was a business that the Lady's power could not reach unto.

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Fifthly, That because there must be a time for the tragedy to be acted, and chiefly because they would not have the poisons work upon the sudden; and for that the strength of Overbury's nature, or the very custom of receiving poison into his body, did overcome the poisons that they wrought not so fast; therefore Overbury must be held in the Tower. And as my Lord of Somerset got him into the trap, so he kept him in, and abused him with continual hopes of liberty; and diverted all the true and effectual means of his liberty, and made light of his sickness and extremities.

Sixthly, that not only the plot of getting Overbury into the Tower, and the devices to hold him and keep him there, but the strange manner of his close keeping (being in but for a contempt) was by the device and means of my Lord of Somerset, who denied his father to see him, denied his servants that, offered to be shut up close prisoners with him, and in effect handled it so that he was close prisoner to all his friends, and open and exposed to all his enemies.

Seventhly, that the advertisements which my Lady received from time to time from the Lieutenant or Weston touching Overbury's state of body or health, were ever sent up to the Court, though it were in progress, and that from my Lady: such a thirst and listening they had to hear that he was despatched.

Lastly, there was a continual negotiation to set Overbury's head on work, that he should make some recognition to clear the honour of the Lady, and that he should become a good instrument towards her and her friends: all which was but entertainment: for your Lordships shall plainly see divers of my Lord of Northampton's letters (whose hand was deep in this business) written (I must say it) in dark words and clauses; that there was one thing pretended another intended; that there was a real charge and there was somewhat not real; a main drift and a dissimulation. Nay further, there are some passages which the Peers in their wisdom will discern to point directly at the impoisonment.

[After this inducement followed the evidence itself.]

Of the evidence which followed we have two independent reports, each of which proves the imperfection of the other in detail, while at the same time it bears witness to its accuracy in general. The imperfection was inevitable. Without a regular system of reporting, including relays of practised hands conveniently placed for hearing, it must have been impossible to obtain anything like a complete account of a trial which lasted thirteen hours. No such system had yet been introduced; nor was it any object in this case with those who had command of the records to publish such an account. When a popular favourite, like the late Earl of Essex,-or the hero of a popular cause, like Sir Walter Ralegh after his last expedition,--or persons belonging to a party in the country considerable enough to make their discontent dangerous, like the Gunpowder conspirators, -were sentenced to the gallows or the block, the Government occasionally found it expedient to prevent rumours by publishing an authentic account of the charge and evidence. But in the case of the Somersets the popular sentiment ran all in favour of the sentence. It was not the execution but the respite that was likely to cause discontent; which the publication of an authorized report of the evidence for the conviction would have inflamed rather than allayed. In such cases the claim of Justice to publicity was held to be satisfied by the admission of everybody who could find room, to see and hear

the proceedings. Those who were not there had to content their curiosity with what they could learn from those who were: among whom were always some who took notes, out of which reports were manufactured for circulation in manuscript. From some manuscript of this kind-with the help perhaps of one or two others--the report of this case in the State Trials' was made up; and it is one of the best in the collection. I cannot indeed think, as some critics seem to do, that it enables us to judge of the case as well as the Peers who heard it and could ask questions; but it does enable us to follow the course of the evidence and to judge of its general character. Though it cannot be trusted for giving a complete or even a correct representation of all the depositions which were read or all that the viva voce witnesses spoke, it shows that each separate point which Bacon had undertaken to prove was brought forward in succession, with only a few words of preface to remind the Court of its place and office in the argument; that the evidence bearing upon it was then read, or the witnesses produced to give their testimony; and that that point was then closed, and left to make way for the next. And whatever may be thought of the conclusiveness of the evidence on some of those points, it cannot be denied, I think, that it is in every case pertinent, and material (as far as it goes), and used with scrupulous fairness.

As the whole proceeding was under Bacon's direction, it may be worth while to go shortly through the heads.

1. In support of the allegation that the friendship between Somerset and Overbury had given place to mutual malice and ill will, we have the testimony of two of Overbury's servants, who had heard altercations or seen correspondence between them; and we have also Overbury's own letters, which are certainly of a threatening character.

2. For the high nature of the secrets which had previously passed between them, we have again the testimony of a confidential servant of Overbury's, who had seen him open, make extracts from, re-seal, and send back again to Somerset, letters directed to the King; and we have besides Somerset's own admission that their correspondence was conducted in cipher.

3. For the important allegation that before Overbury's imprisonment a plan had been under consideration for procuring his death in

1 Upon which evidence Bacon, according to the report in the State Trials,' made the following observations: "I will not now, my Lords, endeavour to press the greatness of this offence. But I urge it thus; That you may see there were no mean secrets betwixt my Lord and Sir T. Overbury, that might rather cause him to fear him than the hindrance of his marriage. If that had been it alone, his going beyond sea would have served the turn." (State Trials,' p. 981.)

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another way, namely by instigating a gentleman who had had a personal quarrel with him to assault and kill him,-and that this design was not unknown to Somerset,-we have Somerset's own admission that such a thing had been "once resolved," though it was "not followed:" and we have also the direct testimony of the gentleman selected for the office; who confessed that the Countess had promised him £1000 and the conversion of Rochester from an enemy to a friend if he would do the deed; and that he had moreover professed himself ready to undertake it, provided Rochester would undertake to procure his pardon; which last condition the Countess was unable to promise, and so the negotiation was broken off.

4.

"And now (said Mr. Attorney, according to the report in the 'State Trials") "to the puddle of blood: the first link of which is that the means to entrap Overbury for the Tower, was by the means of my Lord of Somerset."

I may observe by the way that the wording of the remark thus put into Bacon's mouth shows that we cannot trust the report for verbal accuracy, and gives us a kind of measure of the allowance that must be made throughout for the imperfection of the medium through which we see the image. But though it would be rash to assume that it reflects even the substance of all that was material in the evidence adduced, there is every reason to believe that the writer was taking down as many as he could of the words which he heard, as correctly as he could.

The first link in the chain of evidence which was to prove that Somerset had a hand in the preparatory arrangements by which Overbury was placed and kept within the power of his enemies, was established by Somerset's own admission under his own hand, in a declaration voluntarily addressed to the King, that he had "consented to and endeavoured the imprisonment of Overbury."

5. "The second link "-proceeded Bacon according to the same reporter-" is how that Helwysse came to be Lieutenant of the Tower by your means; and yet that must have a colour: my Lord of Shrewsbury and my Lord Chamberlain must prefer him to you as their friend, though it was resolved before that he should have the place."

1 This was introduced by Bacon, according to the report, as follows: "For the second branch that I mean to follow, and that is that you used the means to expose him to the Tower, and there to keep him close prisoner, it is a chain of 8 links and shall be shewed you upon 8 points of the compass. But before we come to these, it is to be considered that, as no consultation is ripe in an hour, so no more was theirs: for they purposed at first to have taken away his life by assault. And Franklin tells you the cause of this malice." Franklin examined, etc., "saith that my Lady Somerset said the cause of this hatred of Sir T. Overbury was, that he would pry so far into my L. of Somerset that he would put him down." "State Trials,' p. 981.

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