Franklin was then tried, convicted, and executed, on his own confession alone, to which, as it was entirely voluntary, he seems really to have been prompted by remorse. In passing sentence upon him, the Lord Chief Justice said, that, "knowing as much as he knew, if this had not been found out, neither the court, city, nor any particular family, had escaped the malice of this wicked cruelty."
Sir Thomas Monson was next arraigned, and strongly exhorted by the crown lawyers to confess his crime; one of them (Hyde) declaring him to be "as guilty as the guiltiest." The trial, however, was brought to a strange and abrupt conclusion. In the middle of the preliminary proceedings the culprit was suddenly carried off from the bar by a party of yeomen of his majesty's guard, and taken to the Tower, from whence he was soon afterwards liberated without further trial. This singular interference is ascribed to some mysterious expressions dropped by the Lord Chief Justice. "But the Lord Chief Justice Coke," says Sir Anthony Weldon, "in his rhetorical flourishes at Monson's arraignment, vented some expressions as if he could discover more than the death of a private person; intimating, though not plainly, that Overbury's untimely remove had in it something of retaliation, as if he had been guilty of the same crime towards Prince Henry; blessing himself with admiration at the horror of such actions. In which he flew so high a pitch that he was taken down by a court lure; Sir Thomas Monson's trial laid aside, and he soon after set at liberty; and the Lord Chief Justice's wings were clipt for it ever after." There can be no doubt that the conduct of Coke on these trials was used as a handle against him by his rival and enemy, Bacon, to deprive him of the royal favour; and, that the manner in which his language on the above and other occasions was represented (or misrepresented) to the king, was one cause, at least, of his removal from his office a few months afterwards. But this was not the only mystery connected with this matter.
All these trials took place in close succession between the 19th of October and the 4th of December 1615; but the principal criminals were not tried till May following. During this interval the earl and countess were frequently examined, and many efforts were made to bring them to confession. On the 24th of May the countess was arraigned before a commission of the peers. A graphic account of her demeanour is given in the State Trials. The Clerk of the Crown addressed her:
"'Frances, Countess of Somerset, hold up thy hand!'
"She did so, and held it till Mr. Lieutenant told her she might put it down; and then he read the indictment. The Countess of Somerset, all the while the indictment was reading, stood, looking pale, trembled, and shed some tears; and at the first naming of Weston in the indictment, put her fan before her face, and there held it half covered till the indictment was read.
"Clerk.—'Frances, Countess of Somerset, what sayest thou? Art thou guilty of this felony and murder, or not guilty?'
"The Lady Somerset, making an obeisance to the Lord High Steward, answered, 'Guilty,' with a low voice, but wonderful fearful."
After the proceedings consequent on this confession, she was asked in the usual form what she could say for herself why judgment of death should not be pronounced against her. Her answer was,
"I can much aggravate, but nothing extenuate, my fault. I desire mercy, and that the lords will intercede for me with the king."
"This," says the account, "she spake humbly, fearfully, and so low, that the Lord Steward could not hear it; but Mr. Attorney repeated it."