of matter better confronted, or made more intelligible to a jury."

In 1606 Sir Edward was raised to the chief justiceship of the common pleas, and when he was called to the degree of serjeant at law, the motto he gave upon his rings was "Lex est tutissima cassis-the law is the safest helmet." In 1613 he was removed to the office of chief justice of the king's bench, and two years afterwards we find him zealously engaged in prosecuting the murderers of Sir Thomas Overbury. These were Car, earl of Somerset, and his countess, Mrs. Turner, Sir Gervase Ellis, Weston, who had been a pander and procurer to the countess of Essex, and Franklin, the apothecary, who prepared the poison.* The agents in this infernal business were executed, but their employers were pardoned.

One historian has a very remarkable story in relation to this affair, which, if true, throws a strong light upon the character of James the first, and also on that of the chief justice.†

The strength of the poison administered to this unfortunate gentleman, whose only offence was his dissuading the earl from marrying his lady, may be gathered from the answer made to the judge by Simon Mason, who had carried a poisoned tart to Overbury, "Simon," said the judge, "thou hadst a hand in this poisoning business." "No, my good lord," cried he, I had got but one finger in it, which cost me all my hair and nails."

+ Weldon's Court and Character of king James, p. 106.

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"The king," says he, "at this time, [i. e. when the murder was discovered] was at Royston, and Somerset with him; and when the king had been there about a week, next day he designed to proceed to Newmarket, and Somerset to return to London, when Sir Ralph Winwood came to Royston,, and acquainted the king with what he had discovered about Sir Thomas Overbury's murder; the king was so surprised herewith, that he posted away a messenger to Sir Edward Coke, to apprehend the earl; I speak this with confidence, because I had it from one of Sir Edward's sons.

"Sir Edward lay then at the Temple, and measured out his time at regular hours, two whereof were to go to bed at nine o'clock, and in the morning to rise at three; at this time Sir Edward's son and some others, were in Sir Edward's lodging, but not in bed, when the messenger, about one in the morning, knocked at the door, where the son met him, and knew him: says he, "I come from the king, and must immediately speak with your father.""If you come from ten kings," he answered, you shall not, for I know my father's disposition to be such, that if he be disturbed in his sleep, he will not be fit for any business; but if you will do as we do, you shall be welcome, and about two hours hence my father will rise, and you then may do as you please," to which he assented.

"At three Sir Edward rung a little bell, to give notice to his servant to come to him, and then

the

the messenger went to him, and gave him the king's letter, and Sir Edward immediately made out a warrant to apprehend Somerset, and sent to the king that he would wait upon him that day.— The messenger went back post to Royston, and arrived there about ten in the morning; the king had a loathsome way of lolling his arms about his favourites' necks, and kissing them; and in this posture the messenger found the king with Somerset, saying," When shall I see thee again?' Somerset then designing for London, when he was arrested by Sir Edward's warrant. Somerset exclaimed, that never such an affront was offered to a peer of England, in presence of the king; Nay mon, said the king, if Coke sends for me, I must go; and when he was gone, Now the deel go with thee,' said James, for I will never see thy face any more.'

"About three in the afternoon, the chief justice came to Royston, and so soon as he had seen the king, his majesty told him that he was acquainted with the most wicked murder by Somerset and his wife, that was ever perpetrated, upon Sir Thomas Overbury; and that they had made him a pimp to carry on their bawdry and murder; and therefore commanded the chief justice, with all the scrutiny possible, to search into the bottom of the conspiracy, and to spare no man, how great soever; concluding, God's curse be upon you and your's, if you spare any of them; and

God's curse be upon me and mine, if I pardon any one of them.*

If James really uttered this dreadful imprecation, his perjury was awfully avenged upon his family; but there are good reasons for believing that though in the main, as far as relates to the chief justice, the story be true, yet that some particulars are false, and others overcharged.

On the trial of Mrs. Turner, the waiting-woman of the countess of Somerset, the judge lost his temper to such a degree, that he abused the unhappy culprit in the foulest terms he could make use of, saying that, "she was guilty of the seven deadly sins; she was a whore, a bawd, a sor

Roger Coke's Detection of the Court and State of England, page 49, 8vo. 1696.-The imprecations said to have been uttered by James, puts one in mind of the anecdote related by Howell, concerning one of the persons who suffered for this atrocious murder :

"Sir Gervas Elwaies, lieutenant of the Tower, was made a notable example of justice and terror to all officers of trust; for being accessary, and that in a passive way only, to the murder, yet he was hanged on Tower-hill: and the caveat is very remarkable which he gave upon the gallows, that people should be very cautious how they make yows to heaven, for the breach of them seldom passeth without a judgment, whereof he was a most ruthful example: for being in the Low Countries, and much given to gaming, he once made a solemn vow, (which he broke afterwards) that if he played above such a sum, he might be hanged."-Letters, page 4.

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ceress, a witch, a papist, a felon, and a mur

Not long after this, a cause came on in the court of king's bench, the decision of which gave great offence, and brought the chief justice into some trouble. The case was this: the defendant in the cause, while in the king's bench, prevailed upon the plaintiff's principal witness not to attend, or to give any evidence in the cause, provided he could be excused. One of the defendant's agents undertook this, and taking the witness to a tavern, called for a gallon of sack in a pot, and bid the man drink. As soon as he put the flaggon to his lips, the defendant's agent quitted the room. When the witness was called, the court was informed, that he was unable to come, to prove which this agent was produced, who swore that "he left him in such a condition, that if he continued in it but half an hour longer, he must be a dead man," meaning that he would be dead drunk. For want of this person's evidence, the cause was lost, and a verdict given for the defendant. Upon this a bill was brought into chancery for relief, on the ground that the verdict was ob

Howell says, that this Mrs. Turner was the first inventress of yellow starch, and that she was executed in a cobweb lawn ruff of that colour at Tyburn ;" and with her," says he, "I believe that yellow starch which so much disfigured our nation, and rendered them so ridiculous and fantastic, will receive its funeral."-Letters, page 3.