incline to think that the question he put to Coke is the true statement of his case: "If one that knoweth not of any plot to poison a man, but only suspecteth, is no actor or contriver himself, only imagineth such a thing; whether such a one be accessary to the murder? For the words of the indictment are, abetting and comforting with malice. Now if there be any man that charges me, expressly or in direct terms, that I was an abettor; or if the Court shall think, in this case which I have put, that such a concealing without malice is an abetting, I refuse not to die, I am guilty." This was the sum of his speech. Sir E. Coke then, in a passage which I think must have escaped the notice of his biographer, said from the Bench,“It is not your deep protestations, nor your appealling to God, that can sway a jury from their evidence. . . But to leave you without excuse, and to make the matter as clear as may be, here is the confession of Franklin [which he then drew out of his bosom], saying, This poor man, not knowing Sir Jervis should come to his trial, this morning he came unto me at five o'clock, and told me, that he was much troubled in his conscience, and could not rest all that night until he had made his confession; and it is such a one [these were his words] as the eye of England never saw, nor the ear of Christendom never heard." “In the whole history of our state trials, there is perhaps no instance of such an unfair manner of adducing evidence as that which is here related," is the commentary of Mr. Amos, which hardly can be reconciled with the opinion of those who would have us believe that Sir E. Coke's enormities as an advocate were atoned for by his purity as a judge. In the confession which Coke then proceeded to read, there was not one syllable of legal evidence against Elwes. Now Sir E. Coke has, in his own handwriting, left an account of his own opinion of the character of Franklin, the witness whose testi mony he affects to consider so irresistible, and I doubt if there exists anywhere a memorial more authentic of complete depravity. "For Franklyn (Coke writes), he is only reserved for a time to give some light of this work of darkness. But the hour of your justice and the wickedness of the man is such as long continuance of his life cannot consist together; and therefore, after a convenient time, when as much as can be is extracted from him, as can be, execution shall be done, and your Majesty never troubled therewith." This passage is in the letter to the King, for the "auricular system" was extended to every prisoner without exception (w). (w) "Lord Chief Justice Coke. "Right trusty and welbeloved Councellor. Trusty and welbeloved we greet you well. We have received your letter of the 19th of this month, wherein you give us a large account to our good satisfaction of your late proceedings with Weston; which they give us cause to be most heartily sorry that the least touch of so foul a fact should fall upon the honor and reputation of any that holdeth so near a place about our person; so do we give God thanks, and withall commend your industry and endeavours that the truth is discovered, that thereby so heinous and wicked an offence may receive in due time condigne and exemplary punishment. We have great reason to approve as we do the moderation and discretion which you have used in the whole course of your proceedings against Weston, towards whom we require you even in Christian charity to employ your best endeavours, both by sending able and worthy preachers to him, and by your own exhortations to make him sensible of the danger of his soule if he shall persist in this contumacy, not to submit himself to the trial of the law; but if you shall find him still to continue stubborn and obstinate, which God forbid, then we do require you without delay to proceed to judgment, which our will and pleasure is should punctually be executed, according to the strictness and rigour of the law, whereof you are before to forewarn him; for why should pity be taken of the body of that man who, for want of grace, hath no commiseration of his own soule. And because we concurr in opinion with you, that Weston having neither lands nor goods to lose, by practice hath bin wrought to this obstinacy, perhaps upon this sinister suggestion, that the accessory cannot be called in question unless the principal be first condemned, we do require you our Chief Justice, and the Lords who are joined in commission with you, to examine Weston himself, if no man hath practised with him, before whose arraignment on Monday next you may likewise examine all other parties against whom you may conceive just suspition, Sir Gervas Elwes's defence was in substance this. "If I be guilty, my Lord Suffolk, who is not even accused, the namely, the Earl of Somerset and the lady his wife, whom on like manner you are to examine on those points mentioned in the former letters of the Commissioners in this particular; you may remonstrate unto them how unworthy a thing it is in the state they now stand, to heap sin upon sin, and to charge their consciences with the apparent danger of the damning of the soule of that miserable wretch, who, as he hath bin the murderer of another, so now will be the murderer of himself; whereby let them know they can little relieve themselves, if they shall be found guilty, for which we profess we shall be heartily sorry. This being our resolution, to use all lawful courses that the foulness of this fact be sounded to the depth, that for the discharge of our duty, both to God and man, the innocent may be cleared, and the nocent, as the nature of the offence shall deserve, may severely be punished. “To our right trusty and welbeloved Councellor Sir Edward Coke, Knight, our Chief Justice of England, and to our trusty and welbeloved the Judges of our Bench." "Most Gracious Sovereign, “I, your Chief Justice, do in most humble manner inform your Majesty, that according to your Majesty's most princely and christian consideration and care to save Richard Weston's soul, the Bishop of London, on Saturday last, and the Bishop of Ely, on Sunday, spent a long time with him, using all the strength and fire of persuasion they could, and yet to their seeming profited nothing, but left him obstinate and undurate. The Bishop of Ely offered him to fetch any jesuit or priest out of some of the prisons, who would [as he assured himself] come with him in the grounds of his perswasion, to whom he answered, that if the Bishop of London and the Bishop of Ely could not perswade him, neither jesuit nor priest should do it. But yesterday morning, upon speech with the Sheriff's servant [by the instance of the Holy Ghost], he offered to put himself upon the country; and when he had affirmed so much to the Sheriff [who had dealt honestly in the cause], he said withall, I hope they do not make a net to catch the little fishes as flies, and let the great go. "According to our commission, and your Majesty's direction, yesterday we proceeded against him, who willingly put himself upon God and the country, and thereupon a very substantial and understanding jury was returned and sworn; all the confessions and testimonies were read distinctly and planely, and he openly and freely acknowledged all his confessions to be subscribed by his mark, and that they were all true, and were taken with mildeness and gentle means, without any threatning and Lord Treasurer, and father of the Countess of Somerset, is still more so, as I can prove by his letters, which are in my hard words. After the evidence given for your Majesty, the prisoner was patiently heard as long as he would speak, and in the end being demanded if he would speak any more, and if he would he should be heard, he openly acknowledged his said former words, namely, I hope they do not make a net to catch the little fishes as flies, and let the great go, and said he could say no more. Whereupon the jury departed from the Bar, and after a mature time of deliberation they returned, and with one consent found him guilty. Whereupon judgment is given, and execution awarded, and in the mean time especial care is commanded to be taken for the saving of his soule. And this is the true manner and order of our proceeding. What a multitude were present, how they were satisfied, and how your Majesty's justice was applauded, we leave it to the report of others. And we, according to our most bounden duty, shall ever pray to the Almighty for your Majesty in all prosperous and happy state long to continue. From Sergeant's Inn, this present Tuesday morning, the 24th of October. "Your Majesty's most humble subjects and servants, Jo. CROKE. "EDW. COKE. ROB. HOUGHTON. "To the King's most excellent Majesty. [Indorsed]. From my Lord Coke and the Judges of the "Bench to his Majesty." Upon reading of the examinations subscribed by himself, he could deny none of them, and confessed that he had been mildly and temperatly dealt withall. If he shall persist in his contumacy, we most humbly desire your Majesty's directions whether we shall proceed in judgement and execution against him on Monday or no; and if we shall, whether it be not your Majesty's pleasure he shall be executed according to the judgement of the law. And I, your Chief Justice [albeit I had no warrant therefore], was bold in manifestation of your Majesty's zeal to justice to publish your Majesty's prim and pertinent direction and interrogatories written with your own grand hand, for the finding out of this foul fact, which [as the sequel show] had an extraordinary blessing of God, and which very many desired to see. And I, your Chief Justice, did further remember the famous and worthy example of the Lord Sanquer. And albeit your Majesty had highly advanced out of your princely favor the now Earl of Somersett to great dignities and estate, yet your Majesty, out of your respect to justice, suffered the course of law to proceed against him, and that he was justly committed to the Dean of Westmin possession. He and his uncle, the Earl of Northampton, whose letters to Rochester you have read against me, appointed Weston, by whom the murder was perpetrated, to the situation which gave him the opportunity of its perpetration, not I. I took Sir Thomas Overbury into my custody under the express order of the King, communicated to me by the Earl of Northampton, to whom I gave an account of the prisoner's conduct. It is true that I once suspected an intention of foul play on the part of Weston; but I remonstrated with Weston. He expressed contrition; and I supposed that ster's house, under the safe custody of Sir Oliver St. John, and the Countess also restrained of her liberty. "But we all certify your Majesty, that in the carriage of the whole cause there appeared not to us any shadow or spark of conspiracy, combination, or plot to scandalize or lay an aspersion upon any, but that the proceeding had been just, orderly, and honorable. And with what great applause your Majesty's princely zeal of justice therein was of all the hearers accepted, it much rejoiced our hearts to behold. And we shall continually pray to the Almighty for your Majesty in all prosperous and happy estate long to continue. 19th October, 1615, at nine of the clock. "Your Majesty's most humble and faithful subjects and servants, "EDW. COKE. "To the King's most excellent Majesty. Јо. Своке. "[Indorsed]. From my Lord Chief Justice and the Judges "of the Bench to his Majesty." The Commissioners' Report to the King touching the Earl of Somerset : "We are of opinion that there is vehement suspicion, and that the matter, upon consultation of the examinations and testimonies, is pregnant against the Earl of Somerset for being accessory to the poisoning of Sir Thomas Overbury before the fact done; and we had resolved to have committed the Earl to the Tower, before his Majesty's coming to Whitehall, if he had not had the custody of the seales and other ensignes and ornaments of the King's special favor. And the said seales and ensignes being taken from him, we held it necessary that the said Earl be committed to the Tower. |