James was rigorous enough in the punishment of offences when he was not himself involved. He piqued himself, moreover, on his dexterity in unravelling mysteries. The affair of Sir Thomas Overbury found him congenial occupation. He set to work by ordering the arrest of Sir Jervis Elwes. James, at this early stage of the proceedings, does not seem to have been aware that Rochester was so deeply implicated. Struck with horror at the atrocious system of slow poisoning, the King sent for all the Judges. According to Sir Anthony Weldon, he knelt down in the midst of them, and said, "My Lords the Judges, it is lately come to my hearing that you have now in examination a business of poisoning. Lord! in what a miserable condition shall this kingdom be (the only famous nation for hospitality in the world) if our tables should become such a snare, as that none could eat without danger of life, and that Italian custom should be introduced among us! Therefore, my Lords, I charge you, as you will answer it at that great and dreadful day of judgment, that you examine it strictly, without layout, affection, or partiality. And if you shall spare any guilty of this crime, God's curse light on you and your posterity! and if I spare any that are guilty, God's curse light on me and my posterity for ever!"
The imprecation fell but too surely upon the devoted house of Stuart. The solemn oath was broken, and God's curse did light upon him and his posterity!
The next person arrested after Sir Jervis Elwes, was Weston, the under-keeper; then Franklin and Mrs. Turner; and, lastly, the Earl and Countess of Somerset, to which dignity Rochester had been advanced since the death of Overbury.
Weston was first brought to trial. Public curiosity was on the stretch. Nothing else was talked of, and the court on the day of trial was crowded to suffocation. The "State Trials" report, that Lord Chief Justice Coke "laid open to the jury the baseness and cowardliness of poisoners, who attempt that secretly against which there is no means of preservation or defence for a man's life; and how rare it was to hear of any poisoning in England, so detestable it was to our nation. But the devil had taught divers to be cunning in it, so that they can poison in what distance of space they please, by consuming the nativum calidum, or humidum radicale, in one month, two or three, or more, as they list, which they four manner of ways do execute; viz. haustu, gustu, odore, and contactu."
When the indictment was read over, Weston made no other reply than, "Lord have mercy upon me! Lord have mercy upon me!" On being asked how he would be tried, he refused to throw himself upon a jury of his country, and declared, that he would be tried by God alone. In this he persisted for some time. The fear of the dreadful punishment for contumacy induced him, at length, to plead "Not guilty," and take his trial in due course of law.
[The punishment for the contumacious was expressed by the words onere, frigore, et fame. By the first was meant that the culprit should be extended on his back on the ground, and weights placed over his body, gradually increased, until he expired. Sometimes the punishment was not extended to this length, and the victim, being allowed to recover, underwent the second portion, the frigore, which consisted in his standing naked in the open air, for a certain space, in the sight of all the people. The third, or fame, was more dreadful, the statute saying, "That he was to be preserved with the coarsest bread that could be got, and water out of the next sink or puddle, to the place of execution; and that day he had water he should have no bread, and that day he had bread, he should have no water;" and in this torment he was to linger as long as nature would hold out.]
All the circumstances against him were fully proved, and he was found guilty and executed at Tyburn. Mrs. Turner, Franklin, and Sir Jervis Elwes were also brought to trial, found guilty, and executed between the 19th of October and the 4th of December 1615; but the grand trial of the Earl and Countess of Somerset did not take place till the month of May following.
On the trial of Sir Jervis Elwes, circumstances had transpired, showing a guilty knowledge of the poisoning on the part of the Earl of Northampton the uncle of Lady Somerset, and the chief falconer Sir Thomas Monson. The former was dead; but Sir Thomas Monson was arrested, and brought to trial. It appeared, however, that he was too dangerous a man to be brought to the scaffold. He knew too many of the odious secrets of James I, and his dying speech might contain disclosures which would compromise the King. To conceal old guilt it was necessary to incur new: the trial of Sir Thomas Monson was brought to an abrupt conclusion, and himself set at liberty!
Already James had broken his oath. He now began to fear that he had been rash in engaging so zealously to bring the poisoners to punishment. That Somerset would be declared guilty there was no doubt, and that he looked for pardon and impunity was equally evident to the King. Somerset, while in the Tower, asserted confidently, that James would not dare to bring him to trial. In this he was mistaken; but James was in an agony. What the secret was between them will now never be known with certainty; but it may be surmised. Some have imagined it to be the vice to which the King was addicted; while others have asserted, that it related to the death of Prince Henry, a virtuous young man, who had held Somerset in especial abhorrence. The Prince died early, unlamented by his father, and, as public opinion whispered at the time, poisoned by Somerset. Probably, some crime or other lay heavy upon the soul of the King; and Somerset, his accomplice, could not be brought to public execution with safety. Hence the dreadful tortures of James, when he discovered that his favourite was so deeply implicated in the murder of Overbury. Every means was taken by the agonized King to bring the prisoner into what was called a safe frame of mind. He was secretly advised to plead guilty, and trust to the clemency of the King. The same advice was conveyed to the Countess. Bacon was instructed by the King to draw up a paper of all the points of "mercy and favour" to Somerset which might result from the evidence; and Somerset was again recommended to plead guilty, and promised that no evil should ensue to him.
The Countess was first tried. She trembled and shed tears during the reading of the indictment, and, in a low voice, pleaded guilty. On being asked why sentence of death should not be passed against her, she replied meekly, "I can much aggravate, but nothing extenuate my fault. I desire mercy, and that the lords will intercede for me with the King." Sentence of death was passed upon her.