Bentley's Miscellany, Volume II

While his patron's connexion with Lady Essex was merely an adulterous intrigue, Overbury had no objection to it; but he seems to have been shocked and frightened at the idea of Lord Rochester's marrying a woman of whose atrocious character he was well aware. He, therefore, earnestly dissuaded Rochester from this marriage. One night, when they were walking together in the gallery at Whitehall, Overbury made use of the most earnest remonstrances.

"Well, my lord," he said, "if you do marry that base woman you will utterly ruin your honour and yourself. You shall never do it by my advice, or with my consent; and, if you do, you had best look to stand fast."

"My own legs are strong enough to bear me up," cried Rochester, stung with such language applied to a woman whose fascinations retained all their power over him; "but, in faith, I will be even with you for this." So saying, he flung away in a rage, and left the place. The conference was terminated with such heat that the words of the speakers were overheard by persons in an adjoining room, who soon had cause to remember them.

Rochester allowed his resentment apparently to subside, and treated his secretary as before. He even requested the king, as a mark of favour, to appoint Overbury ambassador to Russia. The king complied; and Overbury accepted the appointment with great alacrity. But this act of kindness, as it seemed to be, on the part of Somerset, was the first step to a deep and deadly revenge for the insult to the woman whom he had resolved to marry, and whose fury he had roused by informing her of what had passed.

Having allowed Overbury to accept the office which he had procured for him, Somerset now advised him to decline it. "If you serve as ambassador," he said, "I shall not be able to do you so much good as if you remain with me. If you are blamed, or even committed for refusing," he added, "never mind: I will take care that you meet with no harm." Overbury, in an evil hour, listened to this perfidious counsel, sent his resignation to the king, and was instantly sent to the Tower.

Sent to the Tower for declining to accept an office! Even so. Such was the "Divine right" of an absolute king, in England, in the seventeenth century. Without even the shadow, or the accusation, of a crime, Sir Thomas Overbury was immured in a dungeon, because he declined the honour of being sent as ambassador to Russia.

This act of tyranny was committed at the instigation of the favourite; and Overbury, in the Tower, was entirely in the hands of his enemies. Somerset, in the first place, obtained from the king the dismissal of the lieutenant of the Tower, and the appointment, in his stead, of Sir Jervis Elwes, one of Somerset's creatures. One Richard Weston, who had been shopman to an apothecary, was made under-keeper, and specially charged with the custody of Overbury. This man had been an agent of Lady Essex in her secret transactions with Dr. Forman and Mrs. Turner, and in affording opportunities for her guilty meetings with Lord Rochester at Mrs. Turner's house, and elsewhere, and was quite ready to perpetrate any deed of darkness which they might desire. Weston, thus become Overbury's keeper, confined him so closely that he was scarcely permitted to see the light of day; and debarred him from all intercourse with his family, relations, and friends.19

The associates in wickedness lost no time in commencing their operations on their victim, whom they had determined to destroy by degrees, so as to prevent suspicion. Weston, on the very day he became Overbury's keeper, administered to him a slow poison, provided by Mrs. Turner; and, from that time, some poisonous substance was mingled with every article of food or drink which was given him. "He never ate white salt," said one of the witnesses on the trials which afterwards took place, "but there was white arsenic put into it. Once he desired pig, and Mrs. Turner put into it lapis costitus (lunar caustic). At another time he had two partridges sent him from the court; and water and onions being the sauce, Mrs. Turner put in cantharides instead of pepper; so that there was scarce any thing that he did eat but there was some poison mixed."

Under such treatment Overbury's constitution (which seems to have been of extraordinary strength) began to give way. Relying on Rochester's promise, that his refusal to accept the embassy should bring him to no harm, he daily expected his release. After remaining in this state for three or four weeks, he wrote to Rochester, urging him to remember his promise, and received for answer that "the time would not suffer; but, as soon as possible might be, he would hasten his delivery;" a promise which he certainly intended to fulfil, though not in the sense in which it was meant to be understood. By way of "hastening his delivery," Rochester sent him a letter, containing a white powder, which he desired him to take. "It will," he said, "make you more sick; but fear not: I will make this a means for your delivery, and the recovery of your health." Unsuspicious of treachery, Overbury took the powder, which acted upon him violently, and (as he indeed expected) increased his sickness. Weston afterwards confessed that it was arsenic.

In this situation Overbury languished for two months, growing worse and worse. His suspicions being now, to some extent, awakened, he wrote to Rochester: "Sir, – I wonder you have not yet found means to effect my delivery; but I remember you said you would be even with me, and so indeed you are: but, assure yourself, my lord, if you do not release me, but suffer me thus to die, my blood will be required at your hands." Overbury appears to have remembered Rochester's threat that he would be even with him for the manner in which he had spoken of Lady Essex; but never seems to have dreamed that more was meant than to punish him by a protracted imprisonment. He therefore was satisfied with the explanations and excuses sent him by Lord Rochester, who affected, at the same time, to show the utmost anxiety for his comfort. He was daily visited by creatures of Lord Rochester and Lady Essex, who delivered him encouraging messages from Rochester, and pretended to furnish him with various comforts in the articles of food and drink, which he could not otherwise have had in the Tower. To gratify a sickly appetite he expressed a wish for tarts and jellies, which were provided by Mrs. Turner, and sent to Elwes, the lieutenant of the Tower, to be given to Overbury, by Lord Rochester and Lady Essex. These sweetmeats were not poisoned at first; but the poisoned ones were accompanied by a letter from Lady Essex to Elwes, in which she said, "I was bid to tell you that in the tarts and jellies there are letters, but in the wine none; and of that you may take yourself, and give your wife, but, of the other, not. Give him these tarts and jelly this night, and all shall be well." The meaning of the word, letters, is sufficiently evident; but the countess afterwards removed any doubt on the subject, by confessing, on her trial, that "by letters she meant poison." Rochester appears to have been then residing at some little distance from town; for Lady Essex was the immediate agent in these transactions, and carried on a correspondence with Rochester on the subject. In one of his letters to her he expressed his wonder "that things were not yet despatched;" on which she sent instructions to Weston to despatch Overbury quickly. Weston's answer was, that he had already given him as much as would poison twenty men. Still, however, the victim survived. He was now reduced to extremity; but the patience of his destroyers was exhausted, and they put an end to his sufferings by a dose of corrosive sublimate. He died in October 1613, having been for nearly six months in their hands. His body, carelessly wrapped in a sheet, was buried in a pit on the very day of his death, without having been seen by any of his friends, or the holding of a coroner's inquest; though, as Elwes admitted on his trial, the duty of the lieutenant of the Tower was, that if any prisoner died there, his body was to be viewed, and an inquisition taken by the coroner. These circumstances excited suspicion, and Overbury's relations were persuaded to take some steps towards the prosecution of an inquiry: but the attempt was defeated by the power and influence of the noble criminals.

The marriage between Rochester, now Earl of Somerset, and Lady Essex, took place in February 1614, four months after the close of this tragedy. It was celebrated with a pomp and splendour more befitting the nuptials of a prince than those of a subject. The king himself gave away the bride. A masque, according to the fashion of the times, was exhibited by the courtiers, and another by the gentlemen of Gray's Inn; their repugnance to this act of sycophancy having been overcome, it is said, by the persuasions of Bacon, – a man whose moral deficiencies formed a strange contrast to his almost superhuman vastness of intellect. A splendid banquet, too, was given by the City, at which the king, queen, and all the court, were present. But the public knew enough of the open profligacy of this brilliant pair to look upon them with indignation, – a feeling accompanied with abhorrence of the dark deeds already strongly suspected.

Somerset was now at the height of his greatness; but he no longer possessed the qualities which had gained him the king's favour. His appearance and manners underwent a total change. His countenance became care-worn and haggard; his dress neglected; his manners morose and gloomy. The alteration was apparent to all; and the king became weary of one who no longer ministered to his amusement. His majesty had now, too, found a new favourite, – George Villiers, afterwards the famous Duke of Buckingham, who gained James's affections by the same means as Somerset himself had done, – a handsome person, graceful manners, quick parts, and courtly obsequiousness. These two men became rivals and enemies. Somerset was universally odious from his arrogance and rapacity; and Villiers was looked upon with favour as the probable instrument of his fall. Somerset, now aware of his danger, and trembling for the discovery of his guilt when he might no longer have the king for a protector, availed himself of his remaining influence with James to obtain from him a pardon for all past offences. This he begged as a safeguard against the consequences of any errors into which he might have fallen in the high offices which he had held, and the secret and important affairs with which it had been his majesty's pleasure to intrust him. Strange to say, the king signed a document, whereby he pardoned "all manner of treasons, misprisions of treasons, murders, felonies, and outrages whatsoever, committed, or to be committed," by Somerset. But, when this deed was carried to the Lord Chancellor, he absolutely refused to affix the great seal to it, declaring it to be absolutely illegal. No importunity could prevail on him to yield; and Somerset remained without the shield with which he had endeavoured to provide himself.

The rivalry between the favourites went on increasing; but the Earl of Somerset's rank and standing still gave him the ascendancy. The king wished them reconciled; and, for this purpose, desired Villiers to wait on Somerset with a tender of his duty and attachment. But the haughty earl, though he had received a hint that the king expected this offer to be graciously received, spurned at it. "I will none of your service," was his answer, "and you shall none of my favour. I will, if I can, break your neck, and of that be confident." It was immediately after this interview that an inquiry was set on foot into the circumstances of Overbury's murder; and the supposition of a contemporary writer is not improbable, that, "had Somerset complied with Villiers, Overbury's death had still been raked up in his own ashes."

The first step that appears to have been taken in this inquiry was a private examination of Sir Jervis Elwes, the lieutenant of the Tower, by the king himself, who piqued himself on his skill in conducting judicial investigations; in which, indeed, he had acquired great experience during his turbulent reign in Scotland. Pressed by the king's questions, Elwes admitted his knowledge of Weston's intention to poison his prisoner, but denied his own participation in the crime. Weston, being apprehended and examined, admitted circumstances which involved Mrs. Turner, and the Earl and Countess of Somerset. The king issued his warrant for the commitment of the earl and countess to private custody, which was executed on the 15th October 1615. The circumstances attending this arrest, as related by a contemporary, Sir Anthony Weldon, in his "Court and Character of King James," are curious, and characteristic of that monarch.

"The day," says this writer, "the king went from Whitehall to Theobald's, and so to Royston, the king sent for all the judges, (his lords and servants encircling him,) where, kneeling down in the midst, he used these words: – 'My lords the judges, it is lately come to my hearing that you have now in examination a business of poisoning. Lord, in what a miserable condition shall this kingdom be, (the only famous nation for hospitality in the world,) if our tables should become such a snare as none could eat without danger of life, and that Italian custom should be introduced among us! Therefore, my lords, I charge you, as you will answer it at that great and dreadful day of judgment, that you examine it strictly, without favour, affection, or partiality; and, if you shall spare any guilty of this crime, God's curse light on you and your posterity; and, if I spare any that are guilty, God's curse light on me and my posterity for ever!'"

We shall presently see how his majesty kept this solemn vow, uttered in such awful terms. "The king, with this," continues Weldon, "took his farewell for a time of London, and was accompanied with Somerset to Royston, where, no sooner he brought him, but instantly took leave, little imagining what viper lay among the herbs; nor must I forget to let you know how perfect the king was in the art of dissimulation, or, to give it his own phrase, kingcraft. The Earl of Somerset never parted from him with more seeming affection than at this time, when he knew Somerset would never see him more; and, had you seen that seeming affection, – as the author himself did, – you would rather have believed he was in his rising than setting. The earl, when he kissed his hand, the king hung about his neck, slabbering his cheeks, saying, 'For God's sake, when shall I see thee again? On my soul I shall neither eat nor sleep until you come again.' The earl told him 'On Monday,' – this being the Friday. 'For God's sake, let me!' said the king. 'Shall I? shall I?' then lolled about his neck. 'Then, for God's sake, give thy lady this kiss for me!' In the same manner at the stairs' head, at the middle of the stairs, and at the stairs' foot. The earl was not in his coach when the king used these very words in the hearing of four servants, one of whom was Somerset's great creature, and of the bed-chamber, who reported it instantly to the author of this history; 'I shall never see his face more.'"

It afterwards appeared that, when Somerset returned to London, he found that his wife had received the fatal tidings of Weston's apprehension. There was an apothecary of the name of Franklin who had been employed by the countess and Mrs. Turner to procure the poisons. At a late hour in the night Mrs. Turner was despatched to bring this man to the earl's house. When he arrived, he found the countess in a state of violent agitation. "Weston," she said, "was taken; he should likely be seized immediately, and they should all be hanged." She went into an inner room, where Franklin heard her conversing with her husband. On her return she again urged Franklin to be silent, and made him swear not to reveal any thing. "The lords," she told him, "if they examine you, will put you in the hope of a pardon upon confession: but believe them not; for, when they have got out of you what they want, we shall all be hanged." "Nay, madam," said Mrs. Turner, who was in the room, "I will not be hanged for you both." That same night, or next morning, the earl and countess, with Mrs. Turner, were arrested, and committed to prison.

Weston was first tried. At first, by the direction of Serjeant Yelverton, "an obliged servant of the house of Howard," he stood mute, and refused to plead; but, after a few days, the terror of being pressed to death overcame his resolution, and he pleaded "Not guilty." The circumstances already detailed, in which he was concerned, were fully proved. He himself confessed that he had been the medium of the correspondence carried on between Lord Rochester and Lady Essex, not only in regard to the poisoning of Overbury, but during their adulterous intercourse; and he also confessed that, after Overbury's death he had received, as a reward, one hundred and eighty pounds from the countess, by the hands of Mrs. Turner. He was convicted, and executed at Tyburn. At the time of his execution, Sir John Holles and Sir John Wentworth, friends of the Earl of Somerset, went to Tyburn, and urged Weston to deny what he had before confessed; but he refused to do so: and these gentlemen were afterwards prosecuted in the Star-Chamber for traducing the king's justice in these proceedings.

The next trial was that of Mrs. Turner. It excited intense interest, as it involved, besides the murder of Overbury, the circumstances of Lady Essex's connexion with Rochester. Some letters from the countess to Mrs. Turner, and Forman the conjuror, were read, and are preserved in the record of the proceedings. To Mrs. Turner, (whom she addresses "Sweet Turner,") after complaining of her misery in her husband's society, and giving vent to her passion for Rochester, she says, "As you have taken pains all this while for me, so now do all you can, for I was never so unhappy as now; for I am not able to endure the miseries that are coming upon me, but I cannot be happy so long as this man liveth: therefore, pray for me,(!) for I have need, and I should be better if I had your company to ease my mind. Let him know this ill news" (her husband's insisting on cohabiting with her); if I can get this done, you shall have as much money as you can demand: this is fair-play. Your sister, Frances Essex." In a letter to Forman, she says, "Sweet father, – I must still crave your love, although I hope I have it, and shall deserve it better hereafter. Keep the lord [Rochester] still to me, for that I desire; and be careful you name me not to anybody, for we have so many spies that you must use all your wits, – and all little enough, for the world is against me, and the heavens favour me not. Only happy in your love, I hope you will do me good; and, if I be ungrateful, let all mischief come unto me. My lord is lusty and merry, and drinketh with his men; and all the content he gives me is to abuse me, and use me as doggedly as before. I think I shall never be happy in this world, because he hinders my good; and will ever, I think so. Remember, I beg, for God's sake, and get me out from this vile place. Your affectionate loving daughter, Frances Essex." Some of the magical implements made use of by these wretches, such as images, pictures, &c. were exhibited in court. "At the showing of these," says the account in the State Trials, "there was heard a crack from the scaffolds, which caused great fear, tumult, and confusion among the spectators, and throughout the hall; every one fearing hurt, as if the devil had been present, and grown angry to have his workmanship showed by such as were not his scholars. There was also a note showed in the court made by Dr. Forman, and written on parchment, signifying what ladies loved what lords in court; but the Lord Chief Justice would not suffer it to be read openly in court." The scandal of the day was, that Coke suppressed the note because he found his own wife's name at the beginning of it.

Mrs. Turner's share in the death of Overbury was amply proved; and Coke pronounced sentence upon her, telling her that she had been guilty of the seven deadly sins, among which he enumerated witchcraft and popery. "Upon the Wednesday following," says the account of the trial, "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 exhorted them to serve God, and abandon pride and all other sins; related 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 further, that, when her hand was once in the business, she knew the revealing it would be her overthrow. The which, with other like speeches, and great penitency there showed, moved the spectators to great pity and grief for her."

Immediately after Mrs. Turner's execution, Sir Jervis Elwes, the lieutenant of the Tower, was brought to trial. He was convicted upon the evidence of the correspondence which he had held with the Earl and Countess of Somerset, and also with the Earl of Northampton, the countess's uncle; from which it appeared that that nobleman had been deeply implicated in Overbury's murder. By the letters read on this and some of the other trials it was shown that Northampton was not only aware of Somerset's adulterous intercourse with his niece, but had aided them in carrying it on; that he had been a principal promoter of the scandalous divorce, and the equally scandalous marriage which followed it; and that he was not only privy to the murder, but actively instrumental in the steps taken to conceal the crime. He was, however, freed by his death the preceding year from the earthly retribution which would now have overtaken him. In the course of this trial the name of Sir Thomas Monson, the chief falconer, was also implicated; it having appeared that through his recommendation Weston had been employed as Overbury's keeper, and that he was at least aware of the crime. One of the principal pieces of evidence was the voluntary confession of Franklin the apothecary, who had been employed to provide the poisons. This man, among many other things, said, "Mrs. Turner came to me from the countess, and wished me from her to get the strongest poison I could for Sir Thomas Overbury. Accordingly I bought seven, viz. aquafortis, white arsenic, mercury, powder of diamonds, lapis costitus (lunar caustic), great spiders, and cantharides: all these were given to Sir Thomas Overbury at several times." He declared also, that the lieutenant knew of these poisons: "for that appeared," he said, "by, many letters which he writ to the Countess of Essex, which I saw, and thereby knew that he knew of this matter." – "For these poisons," he further said, "the countess sent me rewards. She sent many times gold by Mrs. Turner. She afterwards wrote unto me to buy more poisons. I went unto her, and told her I was weary of it; and I besought her upon my knees that she would use me no more in these matters: but she importuned me, bade me go, and enticed me with fair speeches and rewards; so she overcame me, and did bewitch me." The cause of the poisoning, he said, as the countess told him, was because Sir Thomas Overbury would pry so far into their suit (the divorce) as he would put them down. He added, that, on the marriage-day of the countess with Somerset, (which was after Overbury's death,) she sent him twenty pounds by Mrs. Turner, and he was to have been paid by the countess two hundred pounds per annum during his life. The Lord Chief Justice, when he produced Franklin's confession upon this trial, prefaced his reading of it by informing the court that this poor man, not knowing Sir Jervis should come to his trial, had come to him that morning at five o'clock, and told him that he was much troubled in his conscience, and could not rest until he had made his confession: "and it is such a one," added the Chief Justice, "as the eye of England never saw, nor the ear of Christendom ever heard." Sir Jervis, who had defended himself strenuously against the other articles of evidence, was struck dumb by this unexpected disclosure. He was found guilty, condemned, and executed, after having at the place of execution made a full confession of his guilt.