EARL OF SOMERSET. 205 



fence, which is, that it was committed upon the 

 king s prisoner, who was out of his own defence, and 

 merely in the king s protection, and for whom the 

 king and state was a kind of respondent ; is a thing 

 that aggravates the fault much. For certainly, my 

 lord of Somerset, let me tell you this, that Sir Tho 

 mas Overbury is the first man that was murdered in 

 the Tower of London, since the murder of the two 

 young princes. Thus much of the offence, now to 

 the proof. 



For the nature of the proofs, your lordships 

 must consider, that impoisonment, of all offences is 

 the most secret ; so secret, as that if in all cases of 

 impoisonment you should require testimony, you 

 were as good proclaim impunity. 



Who could have impeached Livia, by testimony, 

 of the impoisoning figs upon the tree, which her hus 

 band was wont to gather with his own hands ? 



Who could have impeached Parisatis for the poi 

 soning of one side of the knife that she carved with, 

 and keeping the other side clean ; so that herself did 

 eat of the same piece of meat that the lady did that 

 she did impoison ? The cases are infinite, and need 

 not to be spoken of, of the secrecy of impoison- 

 ments ; but wise triers must take upon them, in 

 these secret cases, Solomon s spirit, that, where 

 there could be no witnesses, collected the act by the 

 affection. 



But yet we are not to come to one case : for that 

 which your lordships are to try is not the act of im 

 poisonment, for that is done to your hand ; all the 



