From the Middlesex Sessions Rolls we learn that the murder was done

on the night of November 12th. Richard Ainger the younger, Agnes, his

wife, and Edward Ingram were tried for the crime. Richard and his wife

pleaded Guilty, and were sentenced to be hanged. From Stow’s account it

would appear that Richard alone was hanged. Ingram was found Not Guilty

(Middlesex County Records, i. 241).

=1598.= On the tenth of July, 19. persons for fellony were hanged at

Tyborne, & one pressed to death at Newgate of London (Stow, p. 787).

=1598.= The ninth of November, Edward Squire, of Greenewich was arraigned

at Westminster condemned of high Treason, and on the 13. drawne from the

Tower to Tyborne, and there hanged, bowelled, and quartered (Stow, p.

787).

=1601.= After the capture of Essex—

On the 12th of February, Thomas Lea (a kinsman of Sir Henry Lea’s, who

had wore the Honour of the Garter) told Sir Robert Crofts, Captain of

a Man of War, that ’twould be a glorious Enterprize for six brave

mettl’d Fellows to go to the Queen, and compel her to discharge Essex,

Southampton, and the rest that were in Prison. He was a Man himself of

great Assurance and Resolution, had Commanded a Company in Ireland, was

very intimate with Tir-Oen, and an absolute Creature of the Earl of

Essex’s. This did Crofts immediately discover to the Council; insomuch

that Lea was sought for, and found in the dusk of the Evening about the

door of the Q.’s Privy-Chamber. He seem’d very Thoughtful, was extreamly

Pale, and in a great Sweat, and frequently ask’d, Whether her Majesty was

ready to go to Supper? And, Whether the Council would be there? In this

Posture he was seiz’d and Examin’d, the next day had his Trial, and by

Crofts’s Evidence and his own Confession, condemn’d and carried away to

Tyburn, where he own’d that he had been indeed a great Offender; but as

to this Design, was very Innocent; and having moreover protested, that

he had never entertain’d the least ill Thought against the Queen, he was

there executed. And this, as the Times were, appear’d a very seasonable

piece of Rigour.[182]

=1601.= The xxvii. of February, Marke Bakworth [Barkworth], and Thomas

Filcoks [Roger Filcock], were drawne to Tyborne, and there hanged, &

quartered, for comming into the Realme contrary to the statute. Also the

same day, and in the same place, was hanged a Gentlewoman, called Mistris

Anne Line, a widow, for relieuing a priest contrary to the same statute

(Stow, p. 794).

The crime for which Mistress Line suffered was that, Mass having been

said in her house, she assisted the priest in his escape.

An account of these executions is given in Hist. MSS. Commission, MSS.

of the Duke of Rutland, 1888, i. 369, 370.

Mr. Barkwey cominge to the hurdle prayed and with a chearfull voyce and

smylinge countenance sunge all the waye he went to execution.

The 27th daye of Februarie 1600 [1601], beinge the first Friday in Lent,

the said Mr. Barkwey was brought to Tyborne there to be executed. Cominge

up into the carte in his blacke habite, his hoode being taken of, his

heade beinge all shaven but for a rounde circle on the nether parte of

his heade, and his other garment taken of also, beinge turned into his

sherte, having a pare of hose of haere, most joyfully and smylingly

looked up directly to the heavens and blessed him with the signe of the

crosse, sayinge, “_In nomine Patris, Filii et Spiritus Sancti, Amen_.”

Then he turned himselfe towardes the gallowe tree wheron he was to

suffer, made the signe of the crosse theron and kissed it and the rope

also, the which beinge put about his necke, he turned himselfe and with

a chearfull smylinge countenance and pleasant voyce sunge in manner and

forme followinge, viz.: “_Haec est dies Domini gaudeamus, gaudeamus,

gaudeamus in ea_”—usinge the same very often with these wordes, viz.:

“_In manus tuas, Domine, commendo spiritum meum_.” Also he used these

speaches to the people—“I doe confesse that I am one of the Blessed

Societie after the holy order of St. Benedicte.” The minister called

on him to be penitent for his sinnes, and he said, “Hold thy peace,

thou arte a simple fellowe.” Then the minister wild him to remember

that Christ Jesus dyed for him. And he, elevatinge his eyes to heaven

and holdinge the rope in his handes—being festned together—so highe as

he could reache, aunswered “And so doe I for him, and I would I had a

thousand, thousand lyves to bestowe upon him in this cause,” sayinge “_et

majorem charitatem nemo habet_.” And then turninge himselfe againe, sunge

as before, and desired all Catholiques to praye for him, and he would

praye for them. And beinge asked if he would praye for the Queene he

saied, “God blesse her, and send her and me to meete joyfully in heaven,”

and prayed also for Mr. Recorder who pronounced judgment against him, and

for Mr. Wade, Ingleby, Parrat, and Singleton, who were the prosecutors of

his death. And the carte beinge drawne awaye, in his goinge of from the

carte saied the same wordes as before, “_Haec est dies Domini; gaudeamus

in ea_,” and beinge presently cut downe, he stoode uprighte on his feete

and strugled with the Executioners, cryinge, “Lord, Lord, Lord,” and

beinge holden by the strengthe of the executioners on the hurdle in

dismembringe of him he cryed, “O God,” and so he was quartered.

[I omit the account of the execution of Roger Filcock.]

There was executed also one Mistriss Lynde [Anne Line], condempned at

the Sessions house the 26th day of February for the escape of a supposed

preist. Her weakness was suche that she was carryed to the said Sessions

betwixt two in a chaire.

There was also condempned with her one Ralphe Slyvell for rescuinge the

said supposed preist, but repryved.

The said Mistriss Lynde, carryed the next daye to her execution, many

tymes in the waye was stayed and urged by the minister who urged what

meanes he could to perswade her to convert from her professed faithe and

opinion, most constantlie persevered therin and so was brought to the

place of execution and there shewed the cause of her cominge thither,

and beinge further urged amongest other thinges by the minister that she

had bene a common receavor of many preistes she aunswered, “Where I have

receaved one I would to God I had bene able to have receaved a thousand.”

She behaved herself most meekely, patiently, and vertuously to her last

breath. She kissed the gallowes and before and after her private prayers

blessinge herself, the carte was drawne awaye, and she then made the

signe of the crosse uppon her, and after that never moved.

=1601.= The 13. of March, sir Gilley Merike Knight, and Henry Cuffe

Gentleman, were drawne to Tyborne, the one from the Tower, the other from

Newgate, and there hanged, bowelled, and quartered, as being actors with

the late Earle of Essex. They both dyed very resolutely (Stow, p. 794).

Merrick was the steward and Cuff the secretary of the Earl.

=1601.= _August 24._ Thomas Hackshot, and Nicholas Tichburne, laymen,

rescued a priest, Thomas Tichburne, from the custody of a constable. The

two were arrested, condemned and executed at Tyburn (Challoner’s Memoirs,

pt. i., p. 206).

=1602.= The xviii. of Aprill Peter Bullocke, stationer, and one named

Ducket, for printing of Bookes offensiue were Hanged at Tyborne (Stow, p.

803).

This is a very bald account of an interesting case. James Duckett was

a convert from Protestantism. As an apprentice he more than once got

into trouble for his opinions; and his master, thinking that he himself

might be involved, at last gave back the indenture to Duckett. Duckett

now maintained himself by dealing in Catholic books, a commerce which

frequently got him into prison, where it is said that he spent nine years

out of twelve. A bookbinder, the Peter Bullocke mentioned above, lay in

prison under sentence of death, and hoping to receive a pardon, informed

against Duckett, a former customer. Duckett’s house was searched, popish

books were discovered, and Duckett was condemned to death. The informer

did not receive the reward of his betrayal; the informer and his victim

rode to Tyburn in the same cart (Challoner’s Memoirs, pt. i., pp. 207-9).

The xx. of Aprill, Stichborne [Thomas Tichburn], W. Kenson [Robert

Watkinson], and Iames Page [Francis Page], Semenarie Priestes, were

drawne to Tyborne, and there hanged, bowelled, and quartered, for comming

into this Realme, contrary to the Statute of Anno. 27, &c. (Stow, p. 803).

Thomas Tichburn is the priest for the rescue of whom his cousin Nicholas

Tichburn, and Thomas Hackshot suffered in 1601. Page was the priest who

was celebrating Mass in Mistress Line’s house in 1601, but contrived to

escape.

=1603.= The xvii. of Februarie, W. Anderson [or Richardson] a Seminary

Priest was drawne to Tyborne and there hanged, bowelled and quartered,

for being found in England contrary to the statute of Anno. 27. (Stow, p.

812).

Anderson was the last of Elizabeth’s victims; she died a few weeks later.

=1604.= Master Robert Dow of London Merchant Taylor, in his most

Christian charitie, pitying the miserable or rather desperate Estate

of the poore condemned prisoners in Newgate, where very often and very

many of them after Judgement of Death, and at their very Execution

remaine most carelesse of their Soules health, Jesting and deriding their

imminent danger and to the Judgement of the world die reprobate.

Upon tender Consideration whereof, and good hope of after reformation

of such poore prisoners there, as through temptation of Sathan are, and

will be too apt to fall into like danger the sayd Master Dow hath giuen

competent Maintainance for ever, vnto Saint Sepulchers parish for the

towling of the great Bell and for some especiall man, by them to bee

appointed to come to the sayd Prison, the midnight before execution, and

then distinctly and solemnly to ring a hand bell: then to pronounce with

a lowd voice at the prison grate, a Godly and Christian remembrance on

exhortation, appoynted by the Lord Bishoppe, beginning thus.

O ye prisoners within condemned, this day to dye, remember your sinnes,

call to God for Grace, whilst yet you have time.

And in the Morning when they are in the Cart, iust against the Church,

the partie aforesayd to put them in minde againe of their former liues,

and present death, saying the great bell of this Church, which I told you

last night should Toll for you from sixe of the clocke vntil ten, now

tolleth to the end to moue good people to pray to God for you whilest

your selues with them may pray for remission of your sinnes, &c. And

at ten a clocke or at such time as knowledge may be truely had of the

Prisoners execution the sayd great Bell shall bee rung out for the space

of a quarter of an houre, (to the end all people may understand the

execution is past) and then cease (Stow, pp. 862).

We are now in the reign of James I. In 1605 was the Gunpowder Plot, the

memory of which is still kept alive by bonfires, and by the farcical

search of the cellars of the Houses of Parliament. Gunpowder Plot does

not come into the Annals of Tyburn, as none of the conspirators suffered

here.

=1607.= _February 26._ Robert Drury, priest, for being in England,

executed at Tyburn (Challoner’s Memoirs, pt. ii., pp. 13-5).

=1608.= The 11. of Aprill, George Ieruis [Gervase or Jarvis] a Seminary

priest, according to his iudgement was executed at Tyborne (Stow, p. 893).

The 23. of June, Thomas Garnet, a Jesuite was executed at Tyborne,

hauing fauor offred him, if he would haue taken the oath of alleageance

aforesayd, but he refused it (Stow, p. 893).

Thomas Garnet was related to Father Henry Garnet, executed for the

Gunpowder Plot in 1606. Thomas Garnet was convicted on evidence that

while a prisoner in the Tower he had written in several places “Thomas

Garnet priest.” The Earl of Exeter, one of the Privy Council, present at

the execution, would not suffer the rope to be cut till the victim was

quite dead (Challoner’s Memoirs, pt. ii., pp. 17-9).

=1610.= _December 10._ John Roberts, and Thomas Somers, or Watson, or

Wilson. These were priests. Roberts was apprehended for the fifth time

at Mass and hurried away in his vestments. Somers had been deported,

together with about a score of priests, earlier in the year, but returned

to England. With Roberts and Somers were executed sixteen persons

condemned for various offences. The priests were suffered to hang till

they were dead and then bowelled, beheaded, and quartered, and buried

with the sixteen in a pit (Challoner’s Memoirs, pt. ii., p. 37).

=1612.= William Scot and Richard Newport, or Smith. These were missionary

priests who had been banished but returned to England (Challoner’s

Memoirs, pt. ii., pp. 39-44).

The burning of Protestant heretics went on through the reigns of

Elizabeth and James—“the fires of Smithfield” were not extinguished

by the death of “bloody Mary.” Anabaptists and Arians were burnt, the

printers, the distributors, even in one case the binder, of books

“seditiously penned against the Book of Common Prayer” were hanged.

It is painful to find the genial Howell writing thus in 1635:—

I rather pity than hate Turk or Infidel, for they are of the same metal

and bear the same stamp as I do, tho’ the Inscriptions differ. If I

hate any, ’tis those Schismaticks that puzzle the sweet peace of our

Church, so that I could be content to see an Anabaptist go to Hell on a

Brownist’s back (“Familiar Letters,” ed. Jacob, p. 337).

_December 5._ John Almond, condemned for having taken orders beyond

the seas and for remaining in the kingdom, drawn, hanged and quartered

(Challoner’s Memoirs, pt. ii., pp. 44-51).

=1615.= The murder of Sir Thomas Overbury is, with the possible exception

of the supposed murder of Sir Edmund Berry Godfrey, a little more than

sixty years later, the greatest of all English _causes célèbres_. The

story involves many persons of high rank, including one in the highest,

King James himself; its events are extremely complicated, and some

details are of a nature requiring delicate handling in the telling.

It has been told, after the fullest study of the facts, by Mr. Andrew

Amos, in “The Great Oyer of Poisoning,” 1846, a volume of over five

hundred pages, of which indeed many are filled with digressions seriously

interfering with the narrative. It is not possible to give here more than

the barest outline of the case.

Sir Thomas Overbury has a place in English literature as a prose writer

and poet whose works have not been wholly forgotten. He was also a

courtier in the Court of James, compared with which that of Charles II.

was almost pure. James’s correct attitude towards “the Bishop of Rome”

has, however, saved him from the severe criticisms passed on Charles, of

more than doubtful orthodoxy. Some of the details in Harington’s “Nugæ

Antiquæ” might be held to suggest that Milton had in view the Court of

James when he wrote of the rabble of Comus, who forgot everything but

“To roll with pleasure in a sensual sty.”

Overbury, after leaving Oxford, made a tour on the Continent, returning

from his travels a finished gentleman. In 1601, on a visit to Scotland,

he met Robert Carr, then a page in a noble family. Hence arose a close

intimacy destined to be fatal to Overbury. On the accession of James to

the English throne, Carr, James’s “favourite,” rose rapidly; he became

Viscount Rochester. Carr and Overbury played into one another’s hands:

Carr procured a knighthood for Overbury, Overbury became the mentor of

Carr, who had neither learning nor the graces of a Court. The fatal

woman now comes on the scene. At the age of thirteen, Frances Howard,

daughter of the Earl of Suffolk, was married to the Earl of Essex, a year

older. Their friends agreed that it was yet too early for the pair to

live together; the boy went on his travels, the girl to her mother. On

his return, Essex found his wife acknowledged as the greatest beauty in

the Court, the object of general adoration. Among her admirers was Carr,

for whom she had conceived a passion which knew no bounds. Overbury had

been instrumental in bringing together Carr and the lady; it was he who

wrote the love-letters to which Carr owed the conquest of the countess’s

heart. The lady naturally hated her husband, whose return interfered

with her way of life: it was only in obedience to the King’s command

that she consented to live with Essex. The lady and her lover formed the

design of procuring a divorce from Essex, preparatory to their marriage.

Overbury strongly objected; he spoke of the countess to Carr in terms

which, repeated to the lady, fixed his doom. It was contrived that the

King should offer to Overbury a foreign appointment. This Carr advised

him to refuse, and then represented the refusal to James in such a light

that on April 21st Overbury was thrown into the Tower. The lieutenant

and the under-keeper of the Tower were displaced in favour of officers

on whom Carr and his mistress could rely, and the work of despatching

Overbury began. Poisons were procured from Franklin, a physician, by Mrs.

Turner, and sent in tarts and jellies to the Tower, where Weston, the

under-keeper, took charge of them. Overbury was drenched with rosealgar,

sublimate of mercury, arsenic, diamond powder. It was averred that he had

swallowed poison enough to kill twenty men. He died on September 15, 1613.

The business of the divorce now went on without hindrance. To be rid

of his wife, Essex was ready enough to allow a slur to be cast on his

manhood; with the aid of the lawyers, the churchmen, a complaisant

jury of matrons, and a young lady who, with muffled head, personated

the countess for the occasion, the divorce was carried through. In view

of the approaching marriage, Carr was created Earl of Somerset, and on

December 26 the marriage took place. With magnificent effrontery, the

lady was married “in her hair,” the mark of a virgin-bride.

But some time afterwards an apothecary’s boy, who had been got out of the

way, and was now at Flushing, began to talk of what he knew; inquiry was

made, and in the end the criminals were put upon their trial. On October

23, 1615, Richard Weston, the under-keeper of the Tower, was hanged at

Tyburn. He was followed by Mrs. Turner, hanged on November 9th, at the

same place; on the 20th Sir Gervase Elwes, the lieutenant of the Tower,

was executed on Tower Hill, and on December 9th, James Franklin, the

physician, was executed at St. Thomas a Waterings.

In the following year the countess was tried in Westminster hall, pleaded

guilty, and was condemned. The next day the earl was brought to trial by

his peers in the same place, and also found guilty. Neither was executed;

each received a pardon. They lived together afterwards in the same

house, hating one another with a perfect hatred; the countess died of a

loathsome disease.

There are mysteries in the case remaining mysteries after the most

careful study of the facts. In spite of all attempts made to persuade

Somerset to plead guilty, and throw himself on the King’s mercy, he

steadfastly refused. Mr. Amos inclines to believe him innocent of

complicity in the murder. There are serious difficulties in the way of

this theory, but it is certain that Somerset had the means of terrifying

the King. Secret messages passed between the Tower and the palace,

informing the king that the prisoner had threatened to refuse to go to

the Court of his own will. Bacon consulted the judges as to what could

be done to silence Somerset if he “should break forth into any speech of

taxing the King.” At the trial two servants were placed, one on either

side of the prisoner, with a cloak on his arm. Their orders were that if

Somerset “flew out” on the King, they should instantly throw the cloaks

over his head, and carry him by force from the bar.

Was James an accomplice in the murder of Overbury? Mayerne, the King’s

physician, attended Overbury in the Tower and prescribed for him. Mayerne

was not produced as a witness, nor were his prescriptions put in evidence.

Or is the mystery connected with the death of Prince Henry, James’s son?

The Prince was seized with sudden illness almost immediately after dining

with his father. “In Mayerne’s collection of cases for which he wrote

prescriptions,” says Mr. Amos, “everything that relates to Prince Henry’s

last illness is torn out of the book.”

We can but fall back on the certainty that Somerset had it in his power

to make some revelation of which James was terribly afraid.[183]

=1616.= _July 1._ Thomas Maxfield, a missionary priest, drawn, hanged,

and quartered at Tyburn. It is said that on the occasion of Maxfield’s

execution, the gallows was adorned with garlands and wreaths of flowers.

Thirteen criminals were executed at the same time. The Sheriff called on

the hangman to cut down Maxfield while still alive, as indeed the law

required, but this was opposed by the people, and the victim was suffered

to hang till dead (Challoner, pt. ii. pp. 62-3).

We now come to the reign of Charles I.

=1626.= The visit of the queen, Henrietta Maria, to Tyburn has been

mentioned (p. 65).

=1628.= This Summer there was a great Army prepared for forraigne

seruice, whereof the Duke of Buckingham was Generall, who went to

Portsmouth, to set all things in readinesse for present dispatch: And

vpon Saturday the 23. of August, as hee was going thorow his Hall, which

was filled with Commaunders, and strangers, suddainly and vnexpectedly

Iohn Felton a Lieutenant, stabd the Duke into the breast, with a knife,

and slily withdrew himselfe, vndiscerned of any to doe the fact, the Duke

stepping to lay hold on him, drew out the knife and began to stagger,

the bloud gashing out at his mouth, at which dreadfull sight, certaine

Commanders with their strength held him vp, the Duke being depriued of

speech and life. And then all the doores and passages being stopped,

and many with their weapons drawne to kill the Murtherer, the offender

himselfe seeing the vproare, boldly confessed, saying, I am the man

that did it, and being examined by the Lords, was committed. The King

at that time was but sixe miles from Portsmouth: The Corpes was brought

to London, on Saturday the 30. of August, the Nobility, Friends, and

Officers brought the Corpes by night with Torches lighted to Wallingford

house neere Charing-Crosse: the Murtherer was brought to the Tower the 5.

of September.

Thursday the 27. of Nouember, the aforenamed Iohn Felton, was brought

from the Tower, and Arraigned at the Kings Bench, where he very

penitently confessed the fact, saying, I haue slaine a most Noble loyall

Subiect, and wish that this my right hand might be here cut off, as a

true testimony of my hearty sorrow, and had his Judgement to be hanged:

from thence he was sent to the Gate-house, where he remained till

Saturday, and then sent to Tibourne, and there executed, where hee humbly

and heartily repented his offence, and asked forgiuenesse of God, the

King, and the Dutchesse, and of all the Land, saying, he had slaine a

most Noble loyall Subiect, and desired all men do pray for him. The next

day being Sunday, his Body was sent by Coach towards Portsmouth, and was

there hanged in Chaines (Stow, ed. 1631, p. 1044).

A paper was found in Felton’s hat, containing the following:—

“Let no man commend for doing it, but rather discommend themselves; for

if God had not taken away their hearts for their sins he had not gone so

long unpunished.

“That man in my opinion is cowardly and base, and deserveth neither the

name of a gentleman nor a soldier, that is unwilling to sacrifice his

life for the honour of God and the good of his King and country.—JOHN

FELTON.” (“Autobiography of Sir Simonds D’Ewes,” i. 385.)

Only one or two priests were executed in England during the first fifteen

years of Charles’s reign.

Between 1641 and 1651 the following priests were drawn, hanged, and

quartered at Tyburn merely for being priests. No other charge was made

against them, but this sufficed:—

=1641.= _July 26._ William Ward.

=1642.= _January 21._ Thomas Reynolds and Bartholomew Roe.

_April 26._ Edward Morgan.

_October 12._ Thomas Bullaker.

_December 12._ Thomas Holland.

=1643.= _April 17._ Henry Heath.

_December 11._ Arthur Bell.

=1644.= _September 7._ John Duckett and Ralph Corby.

=1645.= _February 1._ Henry Morse.

=1646.= _June 30._ Philip Powel.

=1651.= _May 19._ Peter Wright. Thirteen malefactors hanged at the

same time.

Tyburn Tree: Its History and Annals · 第 12 / 22 段