And, thirdly, According to the distribution, I will produce them, or read them to use them.

So that there is nothing that I shall say, but your lordship shall have three thoughts or cogitations to answer it.

First, When I open it, you may take your aim.

Secondly, When I distribute it, you may prepare your answers without confusion.

And, lastly, When I produce the witnesses, or the examinations themselves, you may again ruminate, and re-advise to make

fence.

your de

And this I do, that your memory and understanding may not be oppressed or overladen with length of evidence, or with confusion of order; nay more, when your lordship shall make your answer in your time, I will put you in mind, where cause shall be, of your omis

sion.

First, therefore, Sir Thomas Overbury, for a time, was known to have great interest and strict friendship with my Lord of Somerset, both in his meaner fortunes, and afterwards, insomuch that he was a kind of oracle of direction unto him; and, if you will believe his own vaunts, being indeed of an insolent and thrasonical disposition, he took upon him, that the fortunes, reputation, and understanding of this gentleman, who is well known to have an able teacher, proceeded from his company and counsel: And this friendship rested not only in conversation and business at court, but likewise in communication of secrets of state; for my Lord of Somerset, exercising at that time, by his majesty's special favour and trust, the office of secretary provisionally, did not forbear to acquaint Overbury with the King's pacquets and dispatches from all parts of Spain, France, and the Low Countries; and this not by glimpses, or now and then rounding in the ear for a favour, but in a settled manner. Pacquets were sent, sometimes opened by my Lord, sometimes unbroken, unto Overbury, who perused them, copied them, registered them, and made table-talk of them, as they thought good. So, I will undertake, the time was, when Overbury knew more of the secrets of state, than the council-table did; nay, they were grown to such inwardness, that they made a play of all the world besides themselves, so as they had cyphers and jargons for the king and queen, and great men of the realm; things seldom used, but either by princes, or their confederates, or at least by such as practise and work against, or at least upon princes.

But understand me, my Lord, I shall not charge you with disloyalty this day; and I lay this for a foundation, That there was great communication of secrets between you and Sir Thomas Overbury, and that it had relation to matters of state and the great causes of this kingdom.

But, my lords, as it is a principle in nature, That the best things are in their corruption the worst, and the sweetest wine maketh the sowrest vinegar; so fell it out with them, that this excess, as I may say, of friendship ended in mortal hatred, on my Lord of Somerset's part.

I have heard my Lord Steward say sometimes in Chancery, That frost and fraud end foul; and I may add a third, and that is the friend

ship of ill men, which is truly said to be conspiracy, and not friendship. For it fell out, about a twelvemonth, or more, before Overbury's imprisonment in the Tower, that the Lord of Somerset fell into an unlawful love towards that unfortunate lady, the Countess of Essex, and to proceed to a marriage with Somerset. This marriage and purpose did Overbury mainly impugn, under pretence to do the true part of a friend, for that he accounted her an unworthy woman.

But the truth was, Overbury, who, to speak plainly, had little that was solid for religion, or moral virtue, but was wholly possessed with ambition and vain-glory, was loth to have any partners in the favour of my Lord of Somerset, and especially not any of the house of the Howards, against whom he had always professed hatred and opposi

tion.

And, my lords, that this is no sinister construction, will appear to you, when you shall hear, that Overbury made his brags to my Lord of Somerset, that he had won him the love of the lady by his letters and industry: So far was he from cases of conscience in this point.

And certainly, my lords, howsoever the tragical misery of this poor gentleman, Overbury, might somewhat obliterate his faults, yet, because we are not upon points of civility, but to discover the face of truth before the face of justice, for that it is material to the true understanding of the state of this cause, Overbury was naught and corrupt; the ballads must be mended for that point.

But to proceed: When Overbury saw, that he was like to be possessor of my lord's grace, which he had possessed so long, and by whose greatness he had promised himself to do wonders, and being a man of an unbounded and impudent spirit, he began not only to dissuade, but to deter him from the love of that lady, and, finding him fixed, thought to find a strong remedy; supposing that he had my lord's head under his girdle, in respect of communication of secrets of state; as he calls them himself, 'secrets of nature;' and therefore dealt violently with him, to make him desist, with menaces of discovery, and the like. Hereupon grew two streams of hatred upon Overbury; the one from the lady, in respect that he crossed her love, and abused her name, which are furies in women; the other of a more deep nature, from my Lord of Somerset himself, who was afraid of Overbury's nature, and that, if he did break from him, and fly out, he would wind into him, and trouble his whole fortunes. I might add a third stream of the Earl of Northampton's ambition, who desires to be first in favour with my Lord of Somerset, and, knowing Overbury's malice to himself, and to his house, thought that man must be removed and cut off; so as certainly it was resolved and decreed, that Overbury must die.

Hereupon they had variety of devices to send him beyond the seas, upon occasion of employment.

That was too weak, and they were so far from giving way to it, that they crossed it; there rested but two ways of quarrel, assault and poison. For that of assault, after some proposition and attempt, they passed from it, as a thing too open and subject to more variety of shame that of poison likewise was an hazardous thing, and subject to many

e;

preventions and caution, especially to such a working and jealous brain as Qverbury had, except he was first fast in their hands; therefore the way was first to get him into a trap and lay him up, and then they could not miss the mark; and, therefore, in execution of this plot, it was denied, that he should be designed to some honourable employment in foreign parts, and should underhand, by my Lord of Somerset, be encouraged to refuse it; and so, upon contempt, he should be laid prisoner in the Tower; and then they thought he should be close enough, and death should be his bail, yet were they not at their end; for they considered, that if there were not a fit lieutenant of the Tower for their purpose, and likewise a fit underkeeper of Overbury: First, They should meet with many impediments in the giving and the exhibiting of the poison. Secondly, They should be exposed to note an observation that might discover them. And, thirdly, Overbury, in the mean time, might write clamorous and furious letters to his friends, and so all might be disappointed. And, therefore, the next link of the chain was, to displace the then Lieutenant Wade, and to place Yelvis, a principal abettor in the impoisonment; to displace Carey, that was underkeeper in Wade's time, and to place Weston, that was the actor in the impoisonment. And this was done in such a while, that it may appear to be done, as it were, in a breath.

Then, when they had this poor gentleman in the Tower close prisoner, where he could not escape nor stir, where he could not feed but by their hands, where he could not speak or write but though their trunks, then was the time to act the last day of his tragedy.

Then must Franklin, the purveyor of the poison, procure five, six, seven several poisons, to be sure to hit his complexion: Then must Mrs. Turner, the lay mistress of the poisons, advise what works at present, and what at a distance: Then must Weston be the tormentor, and chace him with poison after poison, poison in salt meats, poison in sweet meats, poison in medicines and vomits, until, at last, his body was almost come, by use of poison, to the state of Mithridates's body, by the use of treacle, and preservatives, that the force of the poisons is blunted upon him; Weston confessing, when he was chid, for not dispatching him, that he had given him enough to poison twenty men.

And, lastly, because all this asked time, courses were taken by Somerset, both to divert all the true means of Overbury's delivery, and to entertain him with continual letters, partly with hopes and protestations for his delivery, and partly with other fables and negotiations, somewhat like some kind of persons which keep in a tale of fortunetelling, when they have a felonious intent to pick their pocket and purses.

And this is the true narration of this act, which I have summarily recited,

Now, for the distribution of the proofs, there are four heads to prove you guilty, whereof two are precedent to the impoisonment, the third is present, and the fourth is following or subsequent, for it is in proofs, as it is in lights; there is a direct light, and there is a reflexion of light, and a double light.

The first head or proof thereof is, that there was a root of bitterness,

a mortal malice or hatred, mixed with a deep and bottomless mischief, that you had to Sir Thomas Overbury.

gave

The second is, That you were the principal actor, and had your hand in all those acts, which did conduce to the impoisonment, and opportunity to effect it, without which, the impoisonment could never have been, and which could seem to tend to no other end, but to the impoisonment.

The third is, That your hand was in the very impoisonment itself; and that you did direct poison, and that you did deliver poison; and that you did continually hearken to the success of the impoisonment; and that you spurred it on, and called for dispatch, when you thought it lingered.

And, lastly, That you did all things after the impoisonment, which may detect a guilty conscience, for the smothering of it, and the avoiding of punishment for it, which can be but of three kinds.

That you suppressed, as much as in you was, testimony; that you did deface, destroy, clip, and misdate all writings that might give light to the impoisonment; and you did fly to the altar of guiltiness, which is a pardon of murder, and a pardon for yourself, and not for your

self.

In this, my lord, I convert my speech unto you, because I would have you alter the points of your charge, and so make your defence the better.

And two of these heads I have taken to myself, and left the other to the king's two serjeants.

For the first main part, which is the mortal malice, coupled with fear, that was in you, to Sir Thomas Overbury, although you did palliate it with a great deal of hypocrisy and dissimulation, even to the very end: I will prove it, my Lord Steward, the root of this hate was that which cost many a man's life, that is, fear of discovering of secrets; I say, of secrets of a dangerous and high nature, wherein the course that I will hold shall be this:

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

Secondly, That these secrets were not of a light, but an high nature, I will give you the elevation of the pole; they were such, as my Lord of Somerset had made a vow, that Overbury should neither live in court, nor country; that he had likewise opened himself so far, that either he 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 that he would leave him the most odious man in the world: And, further, that my Lord was like enough to repent where Overbury wrote, which was in the Tower of London; he was a prophet in that; so there is the highest of the secret.

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 write them; and, like princes confederates, they had their cyphers and their jargons.

And, lastly, I will shew you, that it was but a toy to say the malice was only in repect he spoke dishonourably of the lady, or for doubt of breaking the marriage, for that Overbury was 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 than to remove Overbury, for disturbing the match, it had been an easy malter to have landed over Overbury, for which they had a fair way, but that would not serve.

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

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

First, There were divers devices and projects to set Overbury's head on work to dispatch him, and to overthow 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 will be some rejection; 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 and trap for Overbury to get into the Tower, without which, they durst not attempt the impoisonment.

Thirdly, That the placing of the lieutenant Yelvis, one of the impoisoners, was done by my Lord of Somerset.

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

Fifthly, That because there must be a cause of this 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 the poisons into his body, did overcome the poisons, that they wrought not so fast; therefore Overbury must be held in the Tower, as well as he was laid in; and, as my Lord of Somerset got him into the trap, so he keeps him in, and abuses him with continual hope of liberty; but diverted all the true and effectual means of his liberty, and makes light of his sickness and extremities.

Sixthly, That not only the plot of getting Overbury into the Tower, and the devices to hold and keep him there, but the strange manner of the close keeping of him, 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 made him close prisoner to all his friends, and exposed to all his enemies.