Chapter 6

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.

VI

It is perfectly clear that the Countess of Somerset was led to confess on the promise of the King's mercy. It is equally clear that she did not know what she was confessing to. Whatever might have been her conspiracy with Anne Turner it is a practical certainty that it did not result in the death of Thomas Overbury. There is no record of her being allowed any legal advice in the seven months that had elapsed since she had first been made a virtual prisoner. She had been permitted no communication with her husband. For all she knew, Overbury might indeed have died from the poison which she had caused to be sent to the Tower in such quantity and variety. And she went to trial at Westminster guilty in conscience, her one idea being to take the blame for having brought about the murder of Overbury, thinking by that to absolve her husband of any share in the plot. She could not have known that her plea of guilty would weaken Somerset's defence. The woman who could go to such lengths in order to win her husband was unlikely to have done anything that might put him in jeopardy. One can well imagine with what fierceness she would have fought her case had she thought that by doing so she could have helped the man she loved.

But Frances Howard, no less than her accomplice Anne Turner, was the victim of a gross subversion of justice. That she was guilty of a cruel and determined attempt to poison Overbury is beyond question, and, being guilty of that, she was thoroughly deserving of the fate that overcame Anne Turner, but that at the last she was allowed to escape. Her confession, however, shackled Somerset at his trial. It put her at the King's mercy. Without endangering her life Somerset dared not come to the crux of his defence, which would have been to demand why Loubel had been allowed to go free, and why the King's physician, Mayerne, had not been examined. To prevent Somerset from asking those questions, which must have given the public a sufficient hint of King James's share in the murder of Overbury, two men stood behind the Earl all through his trial with cloaks over their arms, ready to muffle him. But, whatever may be said of Somerset, the prospect of the cloaks would not have stopped him from attempting those questions. He had sent word to King James that he was "neither Gowrie nor Balmerino," those two earlier victims of James's treachery. The thing that muffled him was the threat to withdraw the promised mercy to his Countess. And so he kept silent, to be condemned to death as his wife had been, and to join her in the Tower.

Five weary years were the couple to eat their hearts out there, their death sentences remitted, before their ultimate banishment far from the Court to a life of impoverished obscurity in the country. Better for them, one would think, if they had died on Tower Green. It is hard to imagine that the dozen years or so which they were to spend together could contain anything of happiness for them--she the confessed would-be poisoner, and he haunted by the memory of that betrayal of friendship which had begun the process of their double ruin. Frances Howard died in 1632, her husband twenty-three years later. The longer lease of life could have been no blessing to the fallen favourite.

There is a portrait of Frances Howard in the National Portrait Gallery by an unknown artist. It is an odd little face which appears above the elaborate filigree of the stiff lace ruff and under the carefully dressed bush of dark brown hair. With her gay jacket of red gold-embroidered, and her gold-ornamented grey gown, cut low to show the valley between her young breasts, she looks like a child dressed up. If there is no great indication of the beauty which so many poets shed ink over there is less promise of the dire determination which was to pursue a man's life with cruel poisons over several months. It is, however, a narrow little face, and there is a tight-liddedness about the eyes which in an older woman might indicate the bigot. Bigot she proved herself to be, if it be bigotry in a woman to love a man with an intensity that will not stop at murder in order to win him. That is the one thing that may be said for Frances Howard. She did love Robert Carr. She loved him to his ruin.

IV: -- A MODEL FOR MR HOGARTH

On a Sunday, the 5th of February, 1733, there came toddling into that narrow passage of the Temple known as Tanfield Court an elderly lady by the name of Mrs Love. It was just after one o'clock of the afternoon. The giants of St Dunstan's behind her had only a minute before rapped out the hour with their clubs.

Mrs Love's business was at once charitable and social. She was going, by appointment made on the previous Friday night, to eat dinner with a frail old lady named Mrs Duncomb, who lived in chambers on the third floor of one of the buildings that had entry from the court. Mrs Duncomb was the widow of a law stationer of the City. She had been a widow for a good number of years. The deceased law stationer, if he had not left her rich, at least had left her in fairly comfortable circumstances. It was said about the environs that she had some property, and this fact, combined with the other that she was obviously nearing the end of life's journey, made her an object of melancholy interest to the womenkind of the neighbourhood.

Mrs Duncomb was looked after by a couple of servants. One of them, Betty Harrison, had been the old lady's companion for a lifetime. Mrs Duncomb, described as "old," was only sixty.[16] Her weakness and bodily condition seem to have made her appear much older. Betty, then, also described as "old," may have been of an age with her mistress, or even older. She was, at all events, not by much less frail. The other servant was a comparatively new addition to the establishment, a fresh little girl of about seventeen, Ann (or Nanny) Price by name.

Mrs Love climbed the three flights of stairs to the top landing. It surprised her, or disturbed her, but little that she found no signs of life on the various floors, because it was, as we have seen, a Sunday. The occupants of the chambers of the staircase, mostly gentlemen connected in one way or another with the law, would be, she knew abroad for the eating of their Sunday dinners, either at their favourite taverns or at commons in the Temple itself. What did rather disturb kindly Mrs Love was the fact that she found Mrs Duncomb's outer door closed--an unwonted fact--and it faintly surprised her that no odour of cooking greeted her nostrils.

Mrs Love knocked. There was no reply. She knocked, indeed, at intervals over a period of some fifteen minutes, still obtaining no response. The disturbed sense of something being wrong became stronger and stronger in the mind of Mrs Love.