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 contumacy¹ induced him, at length, to plead “Not guilty,” and take his trial in due course of law.

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.

Next day the Earl was brought to trial. He appears to have mistrusted the promises of James, and he pleaded not guilty. With a self-possession and confidence, which he felt, probably, from his knowledge of the King’s character, he rigorously cross-examined the witnesses, and made a stubborn defence. After a trial which lasted eleven hours, he was found guilty, and condemned to the felon’s death.