296 LETTERS FROM BIRCH. 



soner in the Tower, which indeed is a strong pressure of 

 his majesty s justice. For Overbury is the first prisoner 

 murdered in the Tower since the murder of the young 

 princes by Richard the Third, the tyrant. 



I would not trouble his majesty with any points of pre 

 amble, nor of the evidence itself, more than that part 

 nakedly, wherein was the tenderness, in which I am glad 

 his majesty, by his postils, which he returned to me, ap- 

 proveth my judgment. 



Now I am warranted, I will not stick to say openly I am 

 commanded, not to exasperate nor to aggravate the matter 

 in question of the imprisonment with any other collateral 

 charge of disloyalty or otherwise; wherein, besides, his 

 majesty s principal intention, there will be some use to 

 save the former bruits of Spanish matters. * 



There is a direction given to Mr. Lieutenant by my Lord 

 Chancellor and myself, that as yesterday Mr. Whiting, f 

 the preacher, a discreet man, and one that was used to 

 Helwisse, should preach before the lady, J and teach her, 

 and move her generally to a clear confession. That after 

 the same preacher should speak as much to him at his 

 going away in private ; and so proof to be made, whether 

 this good mean, and the last night s thoughts, will produce 

 any thing. And that this day the lieutenant should de 

 clare to her the time of her trial, and likewise of his trial, 

 and persuade her, not only upon Christian duty, but as 

 good for them both, that she deal clearly touching him, 

 whereof no use can be made, nor need to be made, for evi 

 dence, but much use may be made for their comfort. 



It is thought, at the day or her trial, the lady will con 

 fess the indictment; which if she do, no evidence ought to 

 be given. But because it shall not be a dumb shew, and 

 for his majesty s honour in so solemn an assembly, I pur 

 pose to make a declaration of the proceedings of this great 

 work of justice, from the beginning to the end, wherein, 



* Secretary Winwood, in a private letter to Sir Thomas Edmondes, dated 

 March 26, 1616, mentions, that there was great expectations, that Sir John 

 Digby, just then returned from Spain, where he had been ambassador, could 

 charge the Earl of Somerset with some treasons and plots with Spain. Historical 

 Views of the Negotiations between the Courts of England, France, and Brussels, 

 p. 392. 



t John Whiting, D. D. rector of St. Martin Vintry, in London, and vicar 

 of East-Ham, Essex, prebendary of Eald-street, in the church of St. Paul s, and 

 chaplain to King James I. He attended Sir Gervase Herwisse, who had been 

 Lieutenant of the Tower, at his execution upon Tower Hill, on Monday, the 20th 

 of November, 1615, for the murder of Sir Thomas Overbury. 



| Frances, Countess of Somerset. 



