the charge of sir Francis Bacon his majesty attorney general by way of  evidence before the lord high steward and the peer against Robert earl of  Somerset concern the poison of Overbury it may please your grace my lord high  steward of England and you my lord the peer you have here before you Robert  earl of Somerset to be try for his life concern the procure and consent to the  impoisonment of sir Thomas Overbury then the king prisoner in the tower of  London as a accessary before the fact I know your lordship can behold this  nobleman but you must remember his great favour with the king and the great  place that he have have and bear and must be sensible that he be yet of your  number and body a Peer as you be so as you can cut he off from your body but  with grief and therefore that you will expect from we that give in the king  evidence sound and sufficient matter of proof to satisfy your honour and  conscience and for the manner of the evidence also the king our master who  among his other virtue excel in that virtue of the imperial throne which be  justice have give we commandment that we shall not expatiate nor make  invective but material pursue the evidence as it conduce to the point in  question a matter that though we be glad of so good a warrant yet we shall  have do of our self for far be it from we by any strain of wit or be to seek  to play prize or to blazo our name in blood or to carry the day otherwise than  upon just ground we shall carry the lantern of justice which be the evidence  before your eye upright and be able to save it from be put out with any wind  of evasion or vain defence that be our part not doubt at all but that this  evidence in it self will carry that force as it shall little needs vantage or  aggravation my lord the course which I shall hold in deliver that which I  shall say for I love order be this first I will speak somewhat of the nature  and greatness of the offence which be now to be try and that the king however  he may use this gentleman heretofore as the signet upon his finger to use the  scripture phrase yet in this case can not but put he off and deliver he into  the hand of justice second I will use some few word touch the nature of the  proof which in such a case be competent three I will state the proof and last  I will produce the proof either out of the examination and matter in write or  witness viva voice for the offence it self it be of crime next unto high  treason the great it be the foul of felony and take this offence with the  circumstance it have three degree or stage that it be murder that it be murder  by impoisonment that it be murder commit upon the king prisoner in the tower I  may say that it be murder under the colour of friendship but that be a  circumstance moral I leave that to the evidence it self for murder my lord the  first record of justice which be in the world be a judgement upon murder in  the person of Adam first bear Cain and though it be not punish by death but  with banishment and mark of ignominy in respect of the primogeniture or of the  population of the world or other point of God secret will yet it be adjudge  and be as I say the first record of justice so it appear likewise in scripture  that the murder of Abner by joab though it be by David respite in respect of  great service pass or reason of state yet it be not forget but of this I will  say no more it be ever admit and so rank in God own table that murder be of  offence between man and man next to treason and disobedience of authority  which some divine have refer to the first table because of the lieutenancy of  God in prince and father the great for impoisonment I be sorry it shall be  hear of in this kingdom it be not our men  noble birth nec blood it be a  Italian crime fit for the court of Rome where that person that intoxicate the  king of the earth with his cup of poison in heretical doctrine be many time  real and material intoxicate and empoison himself but it have three  circumstance which make it grievous beyond other murder whereof the first be  that it take a man in full peace in God and the king peace he think no harm  but be comfort nature with refection and food so that as the scripture say his  table be make a snare the second be that it be easy commit and easy conceal  and on the other side hardly prevent and hardly discover for murder by  violence prince have guard and private man have house attendant and arm  neither can such murder be commit but come noise and with some overt and  apparent Act that may discover and trace the offender but for poison the say  cup it self of prince will scarce serve in regard of many poison that neither  discolour nor distaste and so pass without noise or observation and the last  be because it contain not only the destruction of the malice man but of any  other quis modus tutus to be for many time the poison be prepare for one and  be take by another so that man die other man death  an abattis unfortunate  another wound and it be as the psalm call it Sagitta night  flying the arrow  that fly by night it have no aim or certainty now for the three degree of this  particular offence which be that it be commit upon the king prisoner who be  out of his own defence and mere in the king protection and for who the king  and state be a kind of respondent it be a thing that aggravate the fault much  for certain my lord of Somerset let I tell you this that sir though Overbury  be the first man that be murder in the tower of London since the murder of the  two young prince for the nature of the proof your lordship must consider that  impoisonment of offence be the most secret so secret as if in all case of  impoisonment you shall require testimony you be as good proclaim impunity I  will put book example who can have impeach the celebrated historian by  testimony of the empoison of the fig upon the tree which her husband be wont  for his pleasure to gather with his own hand who can have impeach parisatis  for the poison of one side of the knife that she carve with and keep the other  side clean so that her self do eat of the same piece of meat that the lady do  that she do impoison the case be infinite and indeed not fit to be speak of of  the secrecy of Impoisonments but wise triers must take upon they in these  secret case Solomon spirit that where there can be no witness collect the Act  by the affection but yet we be not to come to one case for that which your  lordship be to try be not the Act of impoisonment for that be do to your hand  all the world by law be conclude t to say that Overbury be empoison by Weston  but the question before you be of the procurement only and of the abet as the  law term it as accessary before the fact which abet be no more but to do or  use any Act or mean which may aid or conduce unto the impoisonment so that it  be not the buy or make of the poison or the prepare or confecting or commix of  it or the give or send or lie the poison that be the only act that do amount  unto abetment but if there be any other Act or mean do or use to give the  opportunity of impoisonment or to facilitate the execution of it or to stop or  divert any impediment that may hinder it and this be with a intention to  accomplish and achieve the impoisonment all these be abetments and accessary  before the fact I will put you a familiar example allow there be a conspiracy  to murder a man as he journey by the way and it be one man part to draw he  forth to that journey by invitation or by colour of some business and another  take upon he to dissuade some friend of his who he have a purpose to take in  his company that he be not too strong to make his defence and another have the  part to go along with he and to hold he in talk till the first blow be give  all these my lord without scruple be abetter to this murder though none of  they give the blow nor assist to give the blow my lord he be not the hunter  alone that let we slip the dog upon the Deer but he that lodge the Deer or  raise he or put he out or he that set a toil that he can escape or the like  but this my lord little needs in this present case where there be such a chain  of act of impoisonment as have be seldom see and can hardly have be expect but  that greatness of fortune make common grossness in offend to descend to the  proof themselves I shall keep this course first I will make a narrative or  declaration of the fact it self second I will break and distribute the proof  as they concern the prisoner and three accord to that distribution I will  produce they and read they or use they so that there be nothing that I shall  say but your lordship my lord of Somerset shall have three think or cogitation  to answer it first when I open it you may take your aim second when I  distribute it you may prepare your answer without confusion and last when I  produce the witness or examination themselves you may again ruminate and  readvise how to make your defence and this I do the rather because your memory  or understanding may not be oppress or overload 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 when cause shall be of your omission first  therefore for the simple narrative of the fact sir though Overbury for a time  be know to have have great interest and great friendship with my lord of  Somerset both in his mean fortune and after insomuch as he be a kind of oracle  of direction unto he and if you will believe his own vaunt be of a insolent  thrasonical disposition he take upon he that the fortune reputation and  understanding of this gentleman who be well know to have have a better teacher  proceed from his company and counsel and this friendship rest not only in  conversation and business of court but likewise in communication of secret of  estate for my lord of Somerset at that time exercise by his majesty special  favour and trust the office of the secretary provisional do not forbear to  acquaint Overbury with the king packet of dispatch from all part Spain France  the low country c and this not by glimpse or now and then round in the ear for  a favour but in a settle manner packet be send sometime open by my lord  sometime unbroken unto Overbury who peruse they copy register they make table  of they as he think good so that I will undertake the time be when Overbury  know more of the secret of state than the Council table do nay they be grow to  such a inwardness as they make a Play of all the world beside themselves so as  they have cipher and jargons for the king the queen and all the great man  thing seldom use but either by prince and their ambassador and minister or by  such as work and practice against or at least upon prince but understand I my  lord I shall not charge you this day with any disloyalty only I say this for a  foundation that there be a great communication of secret between you and  Overbury and that it have relation to matter of estate and the great cause of  this kingdom but my lord as it be a principle in nature that the best thing be  in their corruption the worst and the sweet wine make the sharp vinegar so  fall it out with they that this excess as I may term it of friendship end in  mortal hatred on my lord of Somerset part for it fall out some twelve month  before overbury imprisonment in the tower that my lord of Somerset be enter  into a unlawful love towards his unfortunate lady then countess of Essex which  go so far as it be then secret project chief between my lord privy seal and my  lord of Somerset to effect a nullity in the marriage with my lord of Essex and  so to proceed to a marriage with Somerset this marriage and purpose do  Overbury main oppugn under pretence to do the true part of a friend for that  he count her a unworthy woman but the truth be that Overbury who to speak  plain have little that be solid for religion or moral virtue but be a man  possess with ambition and vain glory be loath to have any partner in the  favour of my lord of Somerset and special not the house of the Howards against  who he have always profess hatred and opposition so all be but miserable  bargain of ambition and my lord that this be no sinister construction will  well appear unto you when you shall hear that Overbury make his brag to my  lord of Somerset that he have win he the love of the lady by his letter and  industry so far be he from case of conscience in this matter and certain my  lord howsoever the tragical misery of that poor gentleman Overbury ought  somewhat to obliterate his fault yet because we be not now upon point of  civility but to discover the face of truth to the face of justice and that it  be material to the true understanding of the state of this Cause Overbury be  nought and corrupt the ballad must be amend for that point but to proceed when  Overbury see that he be like to be dispossess of my lord here who he have  possess so long and by who greatness he have promise himself to do wonder and  be a man of a unbounded and impetuous spirit he begin not only to dissuade but  to deter he from that love and marriage and find he fix think to try strong  remedy suppose that he have my lord head under his girdle in respect of  communication of secret of estate or as he call they himself in his letter  secret of all nature and therefore deal violent with he to make he desist with  menace of discovery of secret and the like hereupon grow two stream of hatred  upon Overbury the one from the lady in respect that he cross her love and  abuse her name which be fury to woman the other of a deep and more mineral  nature from my lord of Somerset himself who be afraid of overbury nature and  that if he do break from he and fly out he will I into he and trouble his  whole fortune I may add a three stream from the earl of northampton ambition  who desire to be first in favour with my lord of Somerset and know overbury  malice to himself and his house think that man must be remove and cut off so  it be among they resolve and decree that Overbury must die hereupon they have  variety of device to send he beyond sea upon occasion of employment that be  too weak and they be so far from give way to it as they cross it there rest  but two way quarrel or assault and poison for that of assault after some  proposition and attempt they pass from it it be a thing too open and subject  to more variety of chance that of poison likewise be a hazardous thing and  subject to many prevention and caution especial to such a jealous and work  brain as Overbury have except he be first fast in their hand therefore the way  be first to get he into a trap and lie he up and then they can not miss the  mark therefore in execution of this plot it be devise that Overbury shall be  design to some honourable employment in foreign part and shall under hand by  the lord of Somerset be encourage to refuse it and so upon that contempt he  shall be lie prisoner in the tower and then they will look he shall be close  enough and death shall be his bail yet be they not at their end for they  consider that if there be not a fit lieutenant of the tower for their purpose  and likewise a fit under keeper of Overbury first they shall meet with many  impediment in the give and exhibit the poison second they shall be expose to  note and observation that may discover they and three Overbury in the mean  time may write clamorous and furious letter to other his friend and so all may  be disappoint and therefore the next link of the chain be to displace the then  lieutenant Waade and to place Helwisse a principal abetter in the impoisonment  again to displace carry that be the under keeper in Waade's time and to place  Weston who be the principal actor in the impoisonment and this be do in such a  while that it may appear to be do as it be with one breath as there be but  fifteen day between the commitment of Overbury the displace of Waade the place  of Helwisse the displace of ary the under keeper the place of Weston and the  first poison give two day after then when they have this poor gentleman in the  tower close prisoner where he can not escape nor stir where he can not feed  but by their hand where he can not speak nor write but through their trunk  then be the time to execute the last Act of this tragedy then must franklin be  purveyor of the poison and procure five six seven several potion to be sure to  hit his complexion then must mris turner be the Say-Mistris of the poison to  try upon poor beast what be present and what work at distance of time then  must Weston be the torment and chase he with poison after poison poison in  salt poison in meat poison in sweetmeat poison in medicine and vomit until at  last his body be almost come by use of poison to the state that Mithridate's  body be by the use of treacle and preservative that the force of the poison be  blunt upon he Weston confess when he be chide for not dispatch he that he have  give he enough to poison twenty man last because all this ask time course be  take by Somerset both to divert all mean of overbury delivery and to entertain  Overbury by continual letter partly of hope and project for his delivery and  partly of other fable and negotiation somewhat like some kind of person which  I will not name which keep man in talk of fortune tell when they have a  felonious meaning and this be the true narrative of this Act of impoisonment  which I have summary recite now for the distribution of the proof there be  four head of proof to prove you guilty my lord of Somerset of this  impoisonment whereof two be precedent to the imprisonment the three be present  and the four be follow or subsequent for it be in proof as it be in light  there be a direct light and there be a reflection of light or back light the  first head or proof thereof be that there be a root of bitterness a mortal  malice or hatred mix with deep and bottomless fear that you have towards sir  Thomas Overbury the second be that you be the principal actor and have your  hand in all those act which do conduce to the impoisonment and which give  opportunity and mean to effect it and without which the impoisonment can never  have be and which can serve or tend to no other end but to the impoisonment  the three be that your hand be in the very impoisonment it self which be more  than needs to be prove that you do direct poison that you do deliver poison  that you do continual hearken to the success of the impoisonment and that you  spur it on and call for dispatch when you think it linger and last that you do  all the thing after the impoisonment which may detect a guilty conscience for  the smother of it and avoid punishment for it which can be but of three kind  that you suppress as much as in you be testimony that you do deface and  destroy and clip and misdate all write that may give light to the impoisonment  and that you do fly to the altar of guiltiness which be a pardon and a pardon  of murder and a pardon for your self and not for your lady in this my lord I  convert my speech to you because I will have you attend the point of your  charge and so of your defence the better and two of these head I have take to  my self and leave the other two to the king two sergeant for the first main  part which be the mortal hatred couple with fear that be in my lord of  Somerset towards Overbury although he do palliate it with a great deal of  hypocrisy and dissimulation even to the end I shall prove it my lord steward  and you my lord and peer manifest by matter both of oath and write the root of  this hatred be that that have cost many a man life that be fear of discover  secret secret I say of a high and dangerous nature wherein the course that I  will hold shall be this first I will show that such a breach and malice be  between my lord and Overbury and that it burst forth into violent menace and  threat on both side second that these secret be not light but of a high nature  for I will give you the elevation of the pole they be such as my lord of  Somerset for his part have make a vow that Overbury shall neither live in  court nor country that he have likewise open himself and his own fear so far  that if Overbury ever come forth of the tower either Overbury or himself must  die for it and of overbury part he have threaten my lord that whether he do  live or die my lord shame shall never die but he will leave he the most odious  man of the world and far that my lord be like enough to repent it in the place  where Overbury write which be the tower of London he be a true prophet that so  here in the height of the secret three I will show you that all the king  business be by my lord put into overbury hand so as there be work enough for  secret whatsoever they be and like prince confederate they have their cipher  and jargons and last I will show you that it be but a toy to say that the  malice be only in respect he speak dishonourble of the lady or for doubt of  break the marriage for that Overbury be a coadjutor to that love and the lord  of Somerset be as deep in speak ill of the lady as Overbury and again it be  too late for that matter for the bargain of the match be then make and pass  and if it have be no more but to remove Overbury from disturb of the match it  have be a easy matter to have band over Overbury beyond sea for which they  have a fair way but that will not serve their turn and last periculum danger  bind to go so far as a impoisonment must have a deep malice than flash for the  Cause must bear a proportion to the effect for the next general head of proof  which consist in act preparatory to the middle act they be in eight several  point of the compass as I may term it first that there be device and project  to dispatch Overbury or to overthrow he plot between the countess of Somerset  the earl of Somerset and the earl of Northampton before they fall upon the  impoisonment for always before man fix upon a course of mischief there be some  rejection but die he must one way or other second that my lord of Somerset be  principal practicer I must speak it in a most perfidious manner to set a train  or trap for Overbury to get he into the tower without which they never dare  have attempt the impoisonment three that the place of the lieutenant Helwisse  one of the Impoisoners and the displace of Waade be by the mean of my lord of  Somerset fourthly that the place of Weston the under keeper who be the  principal impoisoner and the displace of carry and the do of all this within  fifteen day after overbury commitment be by the mean and countenance of my  lord of Somerset and these two be the active instrument of the impoisonment  and this be a business that the lady power can not reach unto five that  because there must be a time for the tragedy to be act and chief because they  will not have the poison work upon the sudden and for that the strength of  overbury nature or the very custom of receive poison into his body do overcome  the poison that they wrought not so fast therefore Overbury must be hold in  the tower and as my lord of Somerset get he into the trap so he keep he in and  abuse he with continual hope of liberty and divert all the true and effectual  mean of his liberty and make light of his sickness and extremity six that not  only the plot of get Overbury into the tower and the device to hold he and  keep he there but the strange manner of his close keep be in but for a  contempt be by the device and mean of my lord of Somerset who deny his father  to see he deny his servant that offer to be shut up close prisoner with he and  in effect handle it so that he be close prisoner to all his friend and open  and expose to all his enemy seven that the advertisement which my lady receive  from time to time from the lieutenant or Weston touch overbury state of body  or health be ever send up to the court though it be in progress and that from  my lady such a thirst and listen this lord have to hear that he be dispatch  last there be a continual negotiation to set overbury head on work that he  shall make some recognition to clear the honour of the lady and that he shall  become a good instrument towards her and her friend all which be but  entertainment for your lordship shall plain see diverse of my lord of  northampton letter who hand be deep in this business write I must say it in  dark word and clause that there be one thing pretend and another intend that  there be a real charge and there be somewhat not real a main drift and a  dissimulation nay further there be some passage which the peer in their wisdom  will discern to point direct at the impoisonment after this inducement follow  the evidence it self