IV

Overbury lay in the Tower five months. The commission appointed to

examine into the Essex nullity suit went into session three weeks after

he was imprisoned. There happened to be one man in the commission who

cared more to be honest than to humour the King. This was the Archbishop

Abbot. The King himself had prepared the petition. It was a task that

delighted his pedantry, and his petition was designed for immediate

acceptance. But such was Abbot's opposition that in two or three months

the commission ended with divided findings.

Meantime Overbury in the Tower had been writing letters. He had been

talking to visitors. As time went on, and Rochester did nothing to bring

about his enlargement, his writings and sayings became more threatening

Rochester's attitude was that patience was needed. In time he would

bring the King to a more clement view of Sir Thomas's offending, and

he had no doubt that in the end he would be able to secure the prisoner

both freedom and honourable employment.

Overbury had been consigned to the Tower in April. In June he complained

of illness. Rochester wrote to him in sympathetic terms, sending him a

powder that he himself had found beneficial, and made his own physician

visit the prisoner.

But the threats which Overbury, indignant at his betrayal by Rochester,

made by speech and writing were becoming common property in the city

and at Court One of Overbury's visitors who had made public mention of

Overbury's knowledge of facts likely to blow upon the Essex suit was

arrested on the orders of Northampton. In the absence of the King and

Rochester from London the old Earl was acting as Chief Secretary of

State--thus proving Overbury to have been a true prophet. Northampton

issued orders to the Tower that Overbury was to be closely confined,

that his man Davies was to be dismissed, and that he was to be denied

all visitors. The then Lieutenant of the Tower, one Sir William Wade,

was deprived of his position on the thinnest of pretexts, and, on the

recommendation of Sir Thomas Monson, Master of the Armoury, an elderly

gentleman from Lincolnshire, Sir Gervase Elwes, was put in his place.

From that moment Sir Thomas Overbury was permitted no communication with

the outer world, save by letter to Lord Rochester and for food that was

brought him, as we shall presently see, at the instance of Mrs Turner.

In place of his own servant Davies Sir Thomas was allowed the services

of an under-keeper named Weston, appointed at the same time as Sir

Gervase Elwes. This man, it is perhaps important to note, had at one

time been servant to Mrs Turner.

The alteration in the personnel of the Tower was almost immediately

followed by severe illness on the part of the prisoner. The close

confinement to which he was subjected, with the lack of exercise, could

hardly have been the cause of such a violent sickness. It looked more as

if it had been brought about by something he had eaten or drunk. By this

time the conviction he had tried to resist, that Rochester was meanly

sacrificing him, became definite. Overbury is hardly to be blamed if he

came to a resolution to be revenged on his one-time friend by bringing

him to utter ruin. King James had been so busy in the Essex nullity

suit, had gone to such lengths to carry it through, that if it could

be wrecked by the production of the true facts he would be bound to

sacrifice Rochester to save his own face. Sir Thomas had an accurate

knowledge of the King's character. He knew the scramble James was

capable of making in a difficulty that involved his kingly dignity, and

what little reck he had of the faces he trod on in climbing from a pit

of his own digging. By a trick Overbury contrived to smuggle a letter

through to the honest Archbishop Abbot, in which he declared his

possession of facts that would non-suit the nullity action, and begged

to be summoned before the commission.

Overbury was getting better of the sickness which had attacked him when

suddenly it came upon him again. This time he made no bones about saying

that he had been poisoned.

Even at the last Overbury had taken care to give Rochester a chance to

prove his fidelity. He contrived that the delivery of the letter to the

Archbishop of Canterbury should be delayed until just before the nullity

commission, now augmented by members certain to vote according to the

King's desire, was due to sit again. The Archbishop carried Overbury's

letter to James, and insisted that Overbury should be heard. The King,

outward stickler that he was for the letter of the law, had to agree.

On the Thursday of the week during which the commission was sitting

Overbury was due to be called. He was ill, but not so ill as he had

been. On the Tuesday he was visited by the King's physician. On the

Wednesday he was dead.

Now, before we come to examine those evidences regarding Overbury's

death that were to be brought forward in the series of trials of

later date, that series which was to be known as "the Great Oyer of

Poisoning," it may be well to consider what effect upon the Essex

nullity suit Overbury's appearance before the commission might have had.

It may be well to consider what reason Rochester had for keeping his

friend in close confinement in the Tower, what reason there was for

permitting Northampton to impose such cruelly rigorous conditions of

imprisonment.

The nullity suit succeeded. A jury of matrons was impanelled, and made

an examination of the lady appellant. Its evidence was that she was

virgo intacta. Seven out of the twelve members of the packed commission

voted in favour of the sentence of nullity.

The kernel of the situation lies in the verdict of the jury of matrons.

Her ladyship was declared to be a maid. If in the finding gossips and

scandal-mongers found reason for laughter, and decent enough people

cause for wonderment, they are hardly to be blamed. If Frances Howard

was a virgin, what reason was there for fearing anything Overbury might

have said? What knowledge had he against the suit that put Rochester

and the Howards in such fear of him that they had to confine him in the

Tower under such miserable conditions? In what was he so dangerous that

he had to be deprived of his faithful Davies, that he had to be put in

the care of a Tower Lieutenant specially appointed? The evidence given

before the commission can still be read in almost verbatim report. It is

completely in favour of the plea of Lady Essex. Sir Thomas Overbury's,

had he given evidence, would have been the sole voice against the suit.

If he had said that in his belief the association of her ladyship with

Rochester had been adulterous there was the physical fact adduced by the

jury of matrons to confute him. And being confuted in that, what might

he have said that would not be attributed to rancour on his part? That

her ladyship, with the help of Mrs Turner and the wizard of Lambeth, had

practised magic upon her husband, giving him powders that went near to

killing him? That she had lived in seclusion for several months with her

husband at Chartley, and that the non-consummation of the marriage

was due, not to the impotence of the husband, but to refusal to him of

marital rights on the part of the wife because of her guilty love for

Rochester? His lordship of Essex was still alive, and there was abundant

evidence before the court that there had been attempt to consummate

the marriage. Whatever Sir Thomas might have said would have smashed as

evidence on that one fact. Her ladyship was a virgin.

What did Sir Thomas Overbury know that made every one whose interest

it was to further the nullity suit so scared of him--Rochester, her

ladyship, Northampton, the Howards, the King himself?

Sir Thomas Overbury was much too cool-minded, too intelligent, to

indulge in threats unless he was certain of the grounds, and solid upon

them, upon which he made those threats. He had too great a knowledge of

affairs not to know that the commission would be a packed one, too great

an acquaintance with the strategy of James to believe that his lonely

evidence, unless of bombshell nature, would have a chance of carrying

weight in a court of his Majesty's picking. And, then, he was of too big

a mind to put forward evidence which would have no effect but that of

affording gossip for the scandal-mongers, and the giving of which would

make him appear to be actuated by petty spite. He had too great a sense

of his own dignity to give himself anything but an heroic role. Samson

he might play, pulling the pillars of the temple together to involve

his enemies, with himself, in magnificent and dramatic ruin. But

Iachimo--no.

In the welter of evidence conflicting with apparent fact which was given

before the commission and in the trials of the Great Oyer, in the

mass of writing both contemporary and of later days round the Overbury

mystery, it is hard indeed to land upon the truth. Feasible solution

is to be come upon only by accepting a not too pretty story which

is retailed by Antony Weldon. He says that the girl whom the jury of

matrons declared to be virgo intacta was so heavily veiled as to be

unidentifiable through the whole proceedings, and that she was not Lady

Essex at all, but the youthful daughter of Sir Thomas Monson.

Mrs Turner, we do know, was very much a favourite with the ladies of

Sir Thomas Monson's family. Gossip Weldon has a funny, if lewd, story

to tell of high jinks indulged in by the Monson women and Mrs Turner in

which Symon, Monson's servant, played an odd part. This Symon was also

employed by Mrs Turner to carry food to Overbury in the Tower. If the

substitution story has any truth in it it might well have been a Monson

girl who played the part of the Countess. But, of course, a Monson girl

may have been chosen by the inventors to give verisimilitude to the

substitution story, simply because the family was friendly with Turner,

and the tale of the lewd high jinks with Symon added to make it seem

more likely that old Lady Monson would lend herself to such a plot.

If there was such a plot it is not at all unlikely that Overbury knew of

it. If there was need of such a scheme to bolster the nullity

petition it would have had to be evolved while the petition was being

planned--that is, a month or two before the commission went first into

session. At that time Overbury was still Rochester's secretary, still

Rochester's confidant; and if such a scheme had been evolved for getting

over an obstacle so fatal to the petition's success it was not in

Rochester's nature to have concealed it from Overbury, the two men still

being fast friends. Indeed, it may have been Overbury who pointed

out the need there would be for the Countess to undergo physical

examination, and it may have been on the certainty that her ladyship

could not do so that Overbury rested so securely--as he most apparently

did, beyond the point of safety--in the idea that the suit was bound to

fail. It is legitimate enough to suppose, along this hypothesis,

that this substitution plot was the very matter on which the two men

quarrelled.

That Overbury had knowledge of some such essential secret as this is

manifest in the enmity towards the man which Lady Essex exhibited, even

when he lay, out of the way of doing harm, in the Tower. It is hard

to believe that an innocent girl of twenty, conscious of her virgin

chastity, in mere fear of scandal which she knew would be baseless,

could pursue the life of a man with the venom that, as we shall

presently see, Frances Howard used towards Overbury through Mrs Turner.

V

As a preliminary to his marriage with Frances Howard, Rochester was

created Earl of Somerset, and had the barony of Brancepeth bestowed

on him by the King. Overbury was three months in his grave when the

marriage was celebrated in the midst of the most extravagant show and

entertainment.

The new Earl's power in the kingdom was never so high as at this time.

It was, indeed, at its zenith. Decline was soon to set in. It will not

serve here to follow the whole process of decay in the King's favour

that Somerset was now to experience. There was poetic justice in his

downfall. With hands all about him itching to bring him to the ground,

he had not the brain for the giddy heights. If behind him there had been

the man whose guidance had made him sure-footed in the climb he might

have survived, flourishing. But the man he had consigned to death had

been more than half of him, had been, indeed, his substance. Alone,

with the power Overbury's talents had brought him, Somerset was bound to

fail. The irony of it is that his downfall was contrived by a creature

of his own raising.

Somerset had appointed Sir Ralph Winwood to the office of First

Secretary of State. In that office word came to Winwood from Brussels

that new light had been thrown on the mysterious death of Sir Thomas

Overbury. Winwood investigated in secret. An English lad, one Reeves,

an apothecary's assistant, thinking himself dying, had confessed at

Flushing that Overbury had been poisoned by an injection of corrosive

sublimate. Reeves himself had given the injection on the orders of his

master, Loubel, the apothecary who had attended Overbury on the day

before his death. Winwood sought out Loubel, and from him went to Sir

Gervase Elwes. The story he was able to make from what he had from the

two men he took to the King. From this beginning rose up the Great

Oyer of Poisoning. The matter was put into the hands of the Lord Chief

Justice, Sir Edward Coke.

The lad Reeves, whose confession had started the matter, was either dead

or dying abroad, and was so out of Coke's reach. But the man who had

helped the lad to administer the poisoned clyster, the under-keeper

Weston, was at hand. Weston was arrested, and examined by Coke.

The statement Coke's bullying drew from the man made mention of one

Franklin, another apothecary, as having supplied a phial which Sir

Gervase Elwes had taken and thrown away. Weston had also received

another phial by Franklin's son from Lady Essex. This also Sir Gervase

had taken and destroyed. Then there had been tarts and jellies supplied

by Mrs Turner.

Coke had Mrs Turner and Franklin arrested, and after that Sir Gervase

was taken as an accessory, and on his statement that he had employed

Weston on Sir Thomas Monson's recommendation Sir Thomas also was roped

in. He maintained that he had been told to recommend Weston by Lady

Essex and the Earl of Northampton.

The next person to be examined by Coke was the apothecary Loubel, he

who had attended Overbury on the day before his death. Though in his

confession the lad Reeves said that he had been given money and sent

abroad by Loubel, this was a matter that Coke did not probe. Loubel told

Coke that he had given Overbury nothing but the physic prescribed by Sir

Theodore Mayerne, the King's physician, and that in his opinion Overbury

had died of consumption. With this evidence Coke was very strangely

content--or, at least, content as far as Loubel was concerned, for this

witness was not summoned again.

Other persons were examined by Coke, notably Overbury's servant

Davies and his secretary Payton. Their statements served to throw some

suspicion on the Earl of Somerset.

But if all the detail of these examinations were gone into we should

never be done. Our concern is with the two women involved, Anne Turner

and the Countess of Somerset, as we must now call her. I am going to

quote, however, two paragraphs from Rafael Sabatini's romance The Minion

that I think may explain why it is so difficult to come to the truth of

the Overbury mystery. They indicate how it was smothered by the way in

which Coke rough-handled justice throughout the whole series of trials.

On October 19th, at the Guildhall, began the Great Oyer of Poisoning, as

Coke described it, with the trial of Richard Weston.

Thus at the very outset the dishonesty of the proceedings is apparent.

Weston was an accessory. Both on his own evidence and that of Sir

Gervase Elwes, besides the apothecary's boy in Flushing, Sir Thomas

Overbury had died following upon an injection prepared by Loubel.

Therefore Loubel was the principal, and only after Loubel's conviction

could the field have been extended to include Weston and the others. But

Loubel was tried neither then nor subsequently, a circumstance regarded

by many as the most mysterious part of what is known as the Overbury

mystery, whereas, in fact, it is the clue to it. Nor was the evidence of

the coroner put in, so that there was no real preliminary formal proof

that Overbury had been poisoned at all.

Here Mr Sabatini is concerned to develop one of the underlying arguments

of his story--namely, that it was King James himself who had ultimately

engineered the death of Sir Thomas Overbury. It is an argument which I

would not attempt to refute. I do not think that Mr Sabatini's acumen

has failed him in the least. But the point for me in the paragraphs is

the indication they give of how much Coke did to suppress all evidence

that did not suit his purpose.

Weston's trial is curious in that at first he refused to plead. It is

the first instance I have met with in history of a prisoner standing

'mute of malice.' Coke read him a lecture on the subject, pointing out

that by his obstinacy he was making himself liable to peine forte et

dure, which meant that order could be given for his exposure in an open

place near the prison, extended naked, and to have weights laid upon

him in increasing amount, he being kept alive with the "coarsest bread

obtainable and water from the nearest sink or puddle to the place of

execution, that day he had water having no bread, and that day he had

bread having no water." One may imagine with what grim satisfaction Coke

ladled this out. It had its effect on Weston.

He confessed that Mrs Turner had promised to give him a reward if he

would poison Sir Thomas Overbury. In May she had sent him a phial of

"rosalgar," and he had received from her tarts poisoned with mercury

sublimate. He was charged with having, at Mrs Turner's instance, joined

with an apothecary's boy in administering an injection of corrosive

sublimate to Sir Thomas Overbury, from which the latter died. Coke's

conduct of the case obscures just how much Weston admitted, but, since

it convinced the jury of Weston's guilt, the conviction served finely

for accusation against Mrs Turner.

Two days after conviction Weston was executed at Tyburn.

The trial of Anne Turner began in the first week of November. It would

be easy to make a pathetic figure of the comely little widow as she

stood trembling under Coke's bullying, but she was, in actual fact,

hardly deserving of pity. It is far from enlivening to read of Coke's

handling of the trial, and it is certain that Mrs Turner was condemned

on an indictment and process which to-day would not have a ghost of

a chance of surviving appeal, but it is perfectly plain that Anne was

party to one of the most vicious poisoning plots ever engineered.

We have, however, to consider this point in extenuation for her. It is

almost certain that in moving to bring about the death of Overbury she

had sanction, if only tacit, from the Earl of Northampton. By the time

that the Great Oyer began Northampton was dead. Two years had elapsed

from the death of Overbury. It would be quite clear to Anne that, in

the view of the powerful Howard faction, the elimination of Overbury was

politically desirable. It should be remembered, too, that she lived in

a period when assassination, secret or by subverted process of justice,

was a commonplace political weapon. Public executions by methods cruel

and even obscene taught the people to hold human life at small value,

and hardened them to cruelties that made poisoning seem a mercy. It is

not at all unlikely that, though her main object may have been to help

forward the plans of her friend the Countess, Anne considered herself a

plotter in high affairs of State.

The indictment against her was that she had comforted, aided, and

abetted Weston--that is to say, she was made an accessory. If, however,

as was accused, she procured Weston and Reeves to administer the

poisonous injection she was certainly a principal, and as such should

have been tried first or at the same time as Weston. But Weston was

already hanged, and so could not be questioned. His various statements

were used against her unchallenged, or, at least, when challenging them

was useless.

The indictment made no mention of her practices against the Earl of

Essex, but from the account given in the State Trials it would seem

that evidence on this score was used to build the case against her. Her

relations with Dr Forman, now safely dead, were made much of. She and

the Countess of Essex had visited the charlatan and had addressed him as

"Father." Their reason for visiting, it was said, was that "by force

of magick he should procure the then Viscount of Rochester to love the

Countess and Sir Arthur Mainwaring to love Mrs Turner, by whom she had

three children." Letters from the Countess to Turner were read. They

revealed the use on Lord Essex of those powders her ladyship had been

given by Forman. The letters had been found by Forman's wife in a packet

among Forman's possessions after his death. These, with others and with

several curious objects exhibited in court, had been demanded by Mrs

Turner after Forman's demise. Mrs Turner had kept them, and they were

found in her house.

As indicating the type of magic practised by Forman these objects are

of interest. Among other figures, probably nothing more than dolls of

French make, there was a leaden model of a man and woman in the act of

copulation, with the brass mould from which it had been cast. There

was a black scarf ornamented with white crosses, papers with cabalistic

signs, and sundry other exhibits which appear to have created

superstitious fear in the crowd about the court. It is amusing to note

that while those exhibits were being examined one of the scaffolds

erected for seating gave way or cracked ominously, giving the crowd a

thorough scare. It was thought that the devil himself, raised by

the power of those uncanny objects, had got into the Guildhall.

Consternation reigned for quite a quarter of an hour.

There was also exhibited Forman's famous book of signatures, in which

Coke is supposed to have encountered his own wife's name on the first

page.

Franklin, apothecary, druggist, necromancer, wizard, and born liar, had

confessed to supplying the poisons intended for use upon Overbury. He

declared that Mrs Turner had come to him from the Countess and asked him

to get the strongest poisons procurable. He "accordingly bought seven:

viz., aqua fortis, white arsenic, mercury, powder of diamonds, lapis

costitus, great spiders, cantharides." Franklin's evidence is a palpable

tissue of lies, full of statements that contradict each other, but it is

likely enough, judging from facts elicited elsewhere, that his list

of poisons is accurate. Enough poison passed from hand to hand to have

slain an army.

Mention is made by Weldon of the evidence given by Symon, servant to Sir

Thomas Monson, who had been employed by Mrs Turner to carry a jelly and

a tart to the Tower. Symon appears to have been a witty fellow. He was,

"for his pleasant answer," dismissed by Coke.

My lord told him: "Symon, you have had a hand in this poisoning

business----"

"No, my good lord, I had but a finger in it, which almost cost me my

life, and, at the best, cost me all my hair and nails." For the truth

was that Symon was somewhat liquorish, and finding the syrup swim from

the top of the tart as he carried it, he did with his finger skim it

off: and it was believed, had he known what it had been, he would not

have been his taster at so dear a rate.

Coke, with his bullying methods and his way of acting both as judge

and chief prosecutor, lacks little as prototype for the later Judge

Jeffreys. Even before the jury retired he was at pains to inform Mrs

Turner that she had the seven deadly sins: viz., "a whore, a bawd, a

sorcerer, a witch, a papist, a felon, and a murderer, the daughter

of the devil Forman."[13] And having given such a Christian example

throughout the trial, he besought her "to repent, and to become the

servant of Jesus Christ, and to pray Him to cast out the seven devils."

It was upon this that Anne begged the Lord Chief Justice to be merciful

to her, putting forward the plea of having been brought up with the

Countess of Essex, and of having been "a long time her servant." She

declared that she had not known of poison in the things that were sent

to Sir Thomas Overbury.

The jury's retirement was not long-drawn. They found her guilty.

Says Weldon:

The Wednesday following she was brought from the sheriff's in a coach to

Newgate and there was put into a cart, and casting money often among the

people as she was carried to Tyburn, where she was executed, and whither

many men and women of fashion followed her in coaches to see her die.

Her speeches before execution were pious, like most speeches of the

sort, and "moved the spectators to great pity and grief for her." She

again related "her breeding with the Countess of Somerset," and pleaded

further of "having had no other means to maintain her and her children

but what came from the Countess." This last, of course, was less than

the truth. Anne was not so indigent that she needed to take to poisoning

as a means of supporting her family. She also said "that when her hand

was once in this business she knew the revealing of it would be her

overthrow."

In more than one account written later of her execution she is said to

have worn a ruff and cuffs dressed with the yellow starch which she had

made so fashionable, and it is maintained that this association made the

starch thereafter unpopular. It is forgotten that with Anne the recipe

for the yellow starch probably was lost. Moreover, the elaborate ruff

was then being put out of fashion by the introduction of the much more

comfortable lace collar. In any case, "There is no truth," writes Judge

Parry, in the old story[14] that Coke ordered her to be executed in the

yellow ruff she had made the fashion and so proudly worn in Court. What

did happen, according to Sir Simonds d'Ewes, was that the hangman, a

coarse ruffian with a distorted sense of humour, dressed himself in

bands and cuffs of yellow colour, but no one heeded his ribaldry; only

in after days none of either sex used the yellow starch, and the fashion

grew generally to be detested.

Pretty much, I should think, as the tall 'choker' became detested within

the time of many of us. After Mrs Turner Sir Gervase Elwes was brought

to trial as an accessory. The only evidence against him was that of the

liar Franklin, who asserted that Sir Gervase had been in league with the

Countess. It was plain, however, both from Weston's statements and from

Sir Gervase's own, that the Lieutenant of the Tower had done his very

best to defeat the Turner-Essex-Northampton plot for the poisoning of

Overbury, throwing away the "rosalgar" and later draughts, as well

as substituting food from his own kitchen for that sent in by Turner.

"Although it must have been clear that if any of what was alleged

against him had been true Overbury's poisoning would never have taken

five months to accomplish, he was sentenced and hanged."[15]

This, of course, was a glaring piece of injustice, but Coke no doubt had

his instructions. Weston, Mrs Turner, Elwes, and, later, Franklin had

to be got out of the way, so that they could not be confronted with the

chief figure against whom the Great Oyer was directed, and whom it was

designed to pull down, Robert Carr, Earl of Somerset--and with him his

wife. Just as much of the statements and confessions of the prisoners in

the four preliminary trials was used by Coke as suited his purpose. It

is pointed out by Amos, in his Great Oyer of Poisoning, that a large

number of the documents appertaining to the Somerset trial show

corrections and apparent glosses in Coke's own handwriting, and that

even the confessions on the scaffold of some of the convicted are

holographs by Coke. As a sample of the suppression of which Coke was

guilty I may put forward the fact that Somerset's note to his own

physician, Craig, asking him to visit Overbury, was not produced.

Yet great play was made by Coke of this visit against Somerset. Wrote

Somerset to Craig, "I pray you let him have your best help, and as much

of your company as he shall require."

It was never proved that it was Anne Turner and Lady Essex who corrupted

the lad Reeves, who with Weston administered the poisoned clyster that

murdered Overbury. Nothing was done at all to absolve the apothecary

Loubel, Reeves's master, of having prepared the poisonous injection, nor

Sir Theodore Mayerne, the King's physician, of having been party to its

preparation. Yet it was demonstrably the injection that killed Overbury

if he was killed by poison at all. It is certain that the poisons sent

to the Tower by Turner and the Countess did not save in early instances,

get to Overbury at all--Elwes saw to that--or Overbury must have died

months before he did die.

According to Weldon, who may be supposed to have witnessed the trials,

Franklin confessed "that Overbury was smothered to death, not poisoned

to death, though he had poison given him." And Weldon goes on to make

this curious comment:

Here was Coke glad, how to cast about to bring both ends together, Mrs

Turner and Weston being already hanged for killing Overbury with poison;

but he, being the very quintessence of the law, presently informs the

jury that if a man be done to death with pistols, poniards, swords,

halter, poison, etc., so he be done to death, the indictment is good if

he be but indicted for any of those ways. But the good lawyers of those

times were not of that opinion, but did believe that Mrs Turner was

directly murthered by my lord Coke's law as Overbury was without any

law.

Though you will look in vain through the reports given in the State

Trials for any speech of Coke to the jury in exactly these terms, it

might be just as well to remember that the transcriptions from which

the Trials are printed were prepared UNDER Coke's SUPERVISION, and that

they, like the confessions of the convicted, are very often in his own

handwriting.

At all events, even on the bowdlerized evidence that exists, it is plain

that Anne Turner should have been charged only with attempted murder.

Of that she was manifestly guilty and, according to the justice of the

time, thoroughly deserved to be hanged. The indictment against her was

faulty, and the case against her as full of holes as a colander. Her

trial was 'cooked' in more senses than one.

It was some seven months after the execution of Anne Turner that the

Countess of Essex was brought to trial. This was in May. In December,

while virtually a prisoner under the charge of Sir William Smith at Lord

Aubigny's house in Blackfriars, she had given birth to a daughter. In

March she had been conveyed to the Tower, her baby being handed over to

the care of her mother, the Countess of Suffolk. Since the autumn of

the previous year she had not been permitted any communication with her

husband, nor he with her. He was already lodged in the Tower when she

arrived there.

On a day towards the end of May she was conveyed by water from the Tower

to Westminster Hall. The hall was packed to suffocation, seats being

paid for at prices which would turn a modern promoter of a world's

heavyweight-boxing-championship fight green with envy. Her judges were

twenty-two peers of the realm, with the Lord High Steward, the Lord

Chief Justice, and seven judges at law. It was a pageant of colour,

in the midst of which the woman on trial, in her careful toilette,

consisting of a black stammel gown, a cypress chaperon or black crepe

hood in the French fashion, relieved by touches of white in the cuffs

and ruff of cobweb lawn, struck a funereal note. Preceded by the

headsman carrying his axe with its edge turned away from her, she was

conducted to the bar by the Lieutenant of the Tower. The indictment was

read to her, and at its end came the question: "Frances Howard, Countess

of Somerset, how sayest thou? Art thou guilty of this felony and murder

or not guilty?"

There was a hushed pause for a moment; then came the low-voiced answer:

"Guilty."

Sir Francis Bacon, the Attorney-General--himself to appear in the same

place not long after to answer charges of bribery and corruption--now

addressed the judges. His eloquent address was a commendation of the

Countess's confession, and it hinted at royal clemency.

In answer to the formal demand of the Clerk of Arraigns if she had

anything to say why judgment of death should not be given against

her the Countess made a barely audible plea for mercy, begging their

lordships to intercede for her with the King. Then the Lord High

Steward, expressing belief that the King would be moved to mercy,

delivered judgment. She was to be taken thence to the Tower of London,

thence to the place of execution, where she was to be hanged by the neck

until she was dead--and might the Lord have mercy on her soul.

The attendant women hastened to the side of the swaying woman. And now

the halbardiers formed escort about her, the headsman in front, with the

edge of his axe turned towards her in token of her conviction, and she

was led away.

She Stands Accused · 第 15 / 42 题