In this, my lord, I convert my speech to you, because I would have you attend the points of your charge, and so of your defence the better. And two of these heads I have taken to myself, and left the other two to the king's two serjeants. For the first main part, which is the mortal hatred, coupled with fear, that was in my lord of Somerset towards Overbury, although he did palliate it with a great deal of hypocrisy and dissimulation even to the end; I shall prove it, my lord steward, and you my lords and peers, manifestly, by matter both of oath and writing. The root of this hatred was that that hath cost many a man's life, that is, fear of discovering secrets; secrets, I say, of a high and dangerous nature: Wherein the course that I will hold, shall be this: First, I will show that such a breach and malice was between my lord and Overbury, and that it burst forth into violent menaces and threats on both sides. Secondly, That these secrets were not light, but of a high nature; for I will give you the elevation of the pole. They were such, as my lord of Somerset for his part had made a vow, that Overbury should neither live in court nor country. That he had likewise opened himself and his own fears so far, that if Overbury ever came forth of the Tower, either Overbury or himself must die for it. And of Overbury's part, he had threatened my lord, that whether he did live or die, my lord's shame should never die, but he would leave him the most odious man of the world. And farther, that my lord was like enough to repent it, in the place where Overbury wrote, which was the Tower of London. was a true prophet in that: so here is the height of the secrets. He Thirdly, I will show you that all the king's business was by my lord put into Overbury's hands; so as there is work enough for secrets, whatsoever they were and like princes confederates, they had their ciphers and jargons. And lastly, I will show you that it is but a toy to say that the malice was only in respect he spake dishonourably of the lady; or for doubt of breaking the marriage: for that Overbury was a coadjutor to that love, and the lord of Somerset was as deep in speaking ill of the lady as Overbury. And again, it was too late for that matter, for the bargain of the match was then made and past. And if it had been no more but to remove Overbury from disturbing of the match, it had been an easy matter to have banded over Overbury beyond seas, for which they had a fair way; but that would not serve their turn. And lastly, periculum periculo vincitur, to go so far as an impoisonment, must have a deeper malice than flashes for the cause must bear a proportion to the effect. For the next general head of proofs, which consists in acts preparatory to the middle acts, they are in eight several points of the compass, as I may term it. | the impoisonment: for always before men fix upon a course of mischief, there must be some rejections: but die he must, one way or other. Secondly, That my lord of Somerset was a principal practiser, I must speak it, in a most perfidious manner, to set a train or trap for Overbury to get him into the Tower; without which they never durst have attempted the impoisonment. Thirdly, That the placing of the lieutenant Helwisse, one of the impoisoners, and the displacing of Waade, was by the means of my lord of Somerset. Fourthly, That the placing of Weston the underkeeper, who was the principal impoisoner, and the displacing of Cary, and the doing of all this within fifteen days after Overbury's commitment, was by the means and countenance of my lord of Somerset. And these two were the active instruments of the impoisonment; and this was a business that the lady's power could not reach unto. Fifthly, That because there must be a time for the tragedy to be acted, and chiefly because they would not have the poisons work upon the sudden; and for that the strength of Overbury's nature, or the very custom of receiving poison into his body, did overcome the poisons, that they wrought not so fast; therefore Overbury must be held in the Tower. And as my lord of Somerset got him into the trap, so he kept him in, and abused him with continual hopes of liberty; and diverted all the true and effectual means of his liberty, and made light of his sickness and extremities. Sixthly, That not only the plot of getting Overbury into the Tower, and the devices to hold him and keep him there; but the strange manner of his close keeping, being in but for a contempt, was by the device and means of my lord of Somerset, who denied his father to see him, denied his servants that offered to be shut up close prisoners with him; and in effect handled it so, that he was close prisoner to all his friends, and open and exposed to all his enemies. Seventhly, That the advertisement which my lady received from time to time from the lieutenant or Weston, touching Overbury's state of body or health, were ever sent up to the court, though it were in progress, and that from my lady: such a thirst and listening this lord had to hear that he was despatched. Lastly, There was a continual negotiation to set Overbury's head on work, that he should make some recognition to clear the honour of the lady; and that he should become a good instrument towards her and her friends: all which was but entertainment; for your lordships shall plainly see divers of my lord of Northampton's letters, whose hand was deep in this business, written, I must say it, in dark words and clauses; that there was one thing pretended and another intended; there was a real charge, and there was somewhat not real; a main drift, and a dissimulation. Nay farther, there be some passages which the peers in their wisdom will discern to point directly at the impoisonment. First, That there were devices and projects to despatch Overbury, or to overthrow him, plotted between the countess of Somerset, the earl of Somerset, and the earl of Northampton, before they fell upon | [After this inducement followed the evidence itself.] THE EFFECT OF THAT WHICH WAS SPOKEN BY THE LORD KEEPER OF THE GREAT SEAL OF ENGLAND, AT THE TAKING OF HIS PLACE IN CHANCERY, IN PERFORMANCE OF THE CHARGE HIS MAJESTY HAD GIVEN HIM WHEN HE RECEIVED THE SEAL, MAY 7, 1617. BEFORE I enter into the business of the court, I shall take advantage of so many honourable witnesses to publish and make known summarily, what charge the king's most excellent Majesty gave me when I received the seal, and what orders and resolutions I myself have taken in conformity to that charge; that the king may have the honour of direction, and I the part of obedience; whereby your lordships and the rest of the presence shall see the whole time of my sitting in the chancery, which may be longer or shorter, as it shall please God and the king, contracted into one hour. And this I do for three causes. First, to give account to the king of his commandment. Secondly, that it may be a guard and custody to myself, and my own doings, that I do not swerve or recede from any thing that I have professed in so noble a company. And thirdly, that all men that have to do with the chancery or the seal, may know what they shall expect, and both set their hearts and my ears at rest; not moving me in any thing against these rules; knowing that my answer is now turned from a nolumus into a non possumus. It is no more, I will not, but, I cannot, after this declaration. And this I do also under three cautions. The first is, that there be some things of a more secret and council-like nature, more fit to be acted than published. But those things which I shall speak of to-day are of a more public nature. The second is, that I will not trouble this presence with every particular, which would be too long; but select those things which are of greatest efficacy, and conduce most ad summas rerum; leaving many other particulars to be set down in a table, according to the good example of my last predecessor in his beginning. And lastly, that these imperatives, which I have made but to myself and my times, be without prejudice to the authority of the court, or to wiser men that may succeed me; and chiefly that they are wholly submitted unto the great wisdom of my sovereign, and the absolutest prince in judicature that hath been in the christian world; for if any of these things which I intend to be subordinate to his directions, shall be thought by his Majesty to be inordinate, I shall be most ready to reform them. These things are but "tanquam album prætoris;" for so did the Roman prætors, which have the greatest affinity with the jurisdiction of the chancellor here, who used to set down at their entrance, how they would use their jurisdiction. And this I shall do, my lords, in verbis masculis; no flourishing or painted words, but such as are fit to go before deeds. The king's charge, which is my lanthorn, rested upon four heads. The first was, that I should contain the jurisdiction of the court within its true and due limits, without swelling or excess. The second, that I should think the putting of the great seal to letters patents was not a matter of course to follow after precedent warrants; but that I should take it to be the maturity and fulness of the king's intentions: and therefore of the greatest parts of my trust, if I saw therein any scruple or cause of stay, that I should acquaint him, concluding with a " Quod dubites ne feceris." The third was, that I should retrench all unnecessary delays, that the subject might find that he did enjoy the same remedy against the fainting of the soul and the consumption of the estate; which was speedy justice. "Bis dat, qui cito dat." The fourth was, that justice might pass with as easy charge as might be; and that those same brambles, that grow about justice, of needless charge and expense, and all manner of exactions, might be rooted out so far as might be. These commandments, my lords, are righteous, and, as I may term them, sacred; and therefore, to use a sacred form, I pray God bless the king for his great care over the justice of the land, and give me, his poor servant, grace and power to observe his precepts. Now for a beginning towards it, I have set down and applied particular orders to-day out of these four general heads. For the excess or tumour of this court of chancery, I shall divide it into five natures. The first is, when the court doth embrace and retain causes, both in matter and circumstance, merely determinable and fit for the common law; specious; but upon matter confessed in the defendant's answer, or matter pregnant in writing, or of record; or upon contempt of the defendant in not appearing, or not answering, or trifling with the court by insufficient answering. For then it may be thought that the defendant stands out upon purpose to get the start at the common law, and so to take advantage of his own contempt; which may not be suffered. As for injunctions for possessions, I shall maintain possessions as they were at the time of the bill exhibited; and for the space of a year at the least before, except the possession were gotten by force or any trick. Neither will I alter possession upon interlocutory orders, until a decree; except upon matter plainly confessed in the defendant's answer, joined also with a plain disability and insolvency in the defendant to answer the profits. As for taking of possession away in respect of contempts, I will have all the process of the court spent first, and a sequestration of the profits before I come to an injunction. for, my lords, the chancery is ordained to supply the law, and not to subvert the law. Now to describe unto you or delineate what those causes are that are fit for the court, or not fit for the court, were too long a lecture. But I will tell you what remedy I have prepared. I will keep the keys of the court myself, and will never refer any demurrer or plea, tending to discharge or dismiss the court of the cause, to any master of the chancery, but judge of it myself, or at least the master of the rolls. Nay farther, I will appoint regularly, that on the Tuesday of every week, which is the day of orders, first to hear motions of that nature before any other, that the subject may have his vale at first without attending, and that the court do not keep and accumulate a miscellany and confusion of causes of all natures. The second point concerneth the time of the complaint, and the late comers into the chancery; which stay till a judgment be passed against them at the common law, and then complain: wherein your lordships may have heard a great rattle and a noise of a præmunire, and I cannot tell what. But that question the king hath settled according to the ancient precedents in all times continued. And The fourth point is concerning the communicatthis I will say, that the opinion, not to relieve any ing of the authority of the chancellor too far; and case after judgment, would be a guilty opinion; making, upon the matter, too many chancellors, by guilty of the ruin, and naufrage, and perishing of relying too much upon the reports of the masters of infinite subjects: and as the king found it well out, the chancery as concludent. I know, my lords, the why should a man fly into the chancery before he masters of the chancery are reverend men; and the be hurt? The whole need not the physician, but great mass of the business of the court cannot be the sick. But, my lords, the power would be pre- sped without them; and it is a thing the chancellor served, but the practice would be moderate. My may soon fall into for his own ease, to rely too much rule shall be therefore, that in case of complaints upon them. But the course that I will take geneafter judgment, except the judgments be upon nihil rally shall be this; I will make no binding order dicit, and cases which are but disguises of judg- upon any report of one of the masters, without giving ment, as that they be judgments obtained in con- a seven-night's day at the least, to show cause tempt of a preceding order in this court, yea, and against the report, which nevertheless I will have after verdicts also, I will have the party complainant done modestly, and with due reverence towards enter into good bond to prove his suggestion : so them and again, I must utterly discontinue the that if he will be relieved against a judgment at making of a hypothetical or conditional order; that common law upon matter of equity, he shall do it if a master of the chancery do certify thus and thus, tanquam in vinculis, at his peril. that then it is so ordered without farther motion; for that it is a surprise, and giveth no time for contradiction. The third point of excess may be the over-frequent and facile granting of injunctions for the staying of the common laws, or the altering of possessions; wherein these shall be my rules. I will grant no injunction merely upon priority of suit; that is to say, because this court was first possessed a thing that was well reformed in the late lord chancellor's time, but usual in the chancellor Bromley's time; insomuch, as I remember, that Mr. Dalton the counsellor at law put a pasquil upon the court in nature of a bill; for seeing it was no more but, My lord, the bill came in on Monday, and the arrest at common law was on Tuesday, I pray the injunction upon priority of suit: he caused his client that had a loose debtor, to put his bill into the chancery before the bond due to him was forfeited, to desire an order that he might have his money at the day, because he would be sure to be before the other. I do not mean to make it a matter of a horse-race who shall be first at Westminster-hall. Neither will I grant an injunction upon matter contained in the bill only, be it never so smooth and The last point of excess is, if a chancellor shall be so much of himself, as he shall neglect assistance of reverend judges in cases of difficulty, especially if they touch upon law, or calling them, shall do it but pro forma tantum, and give no due respect to their opinions: wherein, my lords, preserving the dignity and majesty of the court, which I account rather increased than diminished by grave and due assistance, I shall never be found so sovereign or abundant in mine own sense, but I shall both desire and make true use of assistance. Nay, I assure your lordships, if I should find any main diversity of opinion of my assistants from mine own, though I know well the judicature of the court wholly resteth in myself; yet I think I should have recourse to the oracle of the king's own judgment, before I should pronounce. And so much for the temperate use of the authority of this court; for surely the health of a court, as well as of a body, consisteth in temperance. For the second commandment of his Majesty, touching staying of grants at the great seal; there may be just cause of stay, either in the matter of the grant, or in the manner of passing the same. Out of both which I extract these six principal cases which I will now make known: all which, nevertheless, I understand to be wholly submitted to his Majesty's will and pleasure, after by me he shall have been informed; for if iteratum mandatum be come, obedience is better than sacrifice. The first case is, where any matter of revenue, or treasure, or profit, passeth from his Majesty; my first duty shall be to examine, whether the grant hath passed in the due and natural course by the great officers of the revenue, the lord treasurer and chancellor of the exchequer, and with their privity; which if I find it not to be, I must presume it to have passed in the dark, and by a kind of surreption; and I will make stay of it till his Majesty's pleasure be farther known. And your lordships see in this matter of the seal, and his Majesty's royal commandment concerning the same, I mean to walk in the light; so that men may know where to find me: and this publishing thereof plainly, I hope will save the king from a great deal of abuse, and me from a great deal of envy; when men shall see that no particular turn or end leads me, but a general rule. For the third general head of his Majesty's precepts concerning speedy justice, it rests much upon myself, and much upon others; yet so, as my procuration may give some remedy and order to it. For myself, I am resolved that my decree shall come speedily, if not instantly, after the hearing, and my signed decree speedily upon my decree pronounced. For it hath been a manner much used of late in my last lord's time, of whom I learn much to imitate, and somewhat to avoid; that upon the solemn and full hearing of a cause nothing is pronounced in court, but breviates are required to be made; which I do not dislike in itself in causes perplexed. For I confess I have somewhat of the cunctative; and I am of opinion, that whosoever is not wiser upon advice than upon the sudden, the same man was no wiser at fifty than he was at thirty. And it was my father's ordinary word, "You must give me time." But yet I find, when such breviates were taken, the cause was sometimes forgotten a term or two, and then set down for a new hearing, three or four terms Thirdly, if it be a grant which I conceive, out of after. And in the mean time the subject's pulse my little knowledge, to be against the law; of which beats swift, though the chancery pace be slow. Of nature Theodosius was wont to say, when he was which kind of intermission I see no use, and therepressed, "I spake it, or I wrote it, but I granted it fore I will promise regularly to pronounce my decree not if it be unjust:" I will call the learned counsel to within few days after my hearing; and to sign my it, as well him that drew the book as the rest, or decree at the least in the vacation after the prosome of them and if we find cause, I will inform nouncing. For fresh justice is the sweetest. : his Majesty of our opinion, either by myself or some to the end that there be no delay of justice, nor of them. And as for the judges, they are judges of any other means-making or labouring, but the lagrants past, but not of grants to come, except the bouring of the counsel at the bar. king call them. Secondly, if it be a grant that is not merely vulgar, and hath not of course passed at the signet by a fac simile, but needeth science, my duty shall be to examine whether it hath passed by the learned counsel and had their docket; which is that his Majesty reads, and leads him. And if I find it otherwise, although the matter were not in itself inconvenient, yet I hold it a just cause of stay, for precedent's sake, to keep men in the right way. Fourthly, if the grants be against the king's public book of bounty, I am expressly commanded to stay them until the king either revise his book in general, or give direction in particular. Fifthly, if, as a counsellor of estate, I do foresee inconvenience to ensue by the grant in reason of estate, in respect of the king's honour, or discontent, and murmur of the people; I will not trust mine own judgment, but I will either acquaint his Majesty with it, or the council table, or some such of my lords as I shall think fit. Lastly, for matter of pardons; if it be for treason, misprision, murder, either expressed or involute, by a non-obstante; or of piracy, or of præmunire, or of fines, or exemplary punishment in the star-chamber, or of some other natures; I shall, by the grace of God, stay them until his Majesty, who is the fountain of grace, may resolve between God and him, how far grace shall abound or super-abound. And if it be of persons attainted and convicted of robbery, burglary, &c. then will I examine whether the pardons passed the hand of any justice of assize, or other commissioners, before whom the trial was made; and if not, I think it my duty also to stay them. And Again, because justice is a sacred thing, and the end for which I am called to this place, and therefore is my way to heaven; and if it be shorter, it is never a whit the worse, I shall by the grace of God, as far as God will give me strength, add the afternoon to the forenoon, and some fourth night of the vacation to the term, for the expediting and clearing of the causes of the court; only the depth of the three long vacations I would reserve in some measure free from business of estate, and for studies, arts and sciences, to which in my own nature I am most inclined. There is another point of true expedition, which resteth much in myself, and that is in my manner of giving orders. For I have seen an affectation of despatch turn utterly to delay at length: for the manner of it is to take the tale out of the counsellor at the bar his mouth, and to give a cursory order, nothing tending or conducing to the end of the business. It makes me remember what I heard one say of a judge that sat in chancery; that he would make forty orders in a morning out of the way, and it was out of the way indeed; for it was nothing to the end of the business: and this is that which makes sixty, eighty, a hundred orders in a cause, to and fro, begetting one another; and like Pene- | of any new fees, but according as they have been lope's web, doing and undoing. But I mean not to heretofore set and tabled. purchase the praise of expeditive in that kind; but as one that have a feeling of my duty, and of the case of others. My endeavour shall be to hear patiently, and to cast my order into such a mold as may soonest bring the subject to the end of his journey. As for delays that may concern others, first, the great abuse is, that if the plaintiff have got an injunction to stay suits at the common law, then he will spin out his cause at length. But, by the grace of God, I will make injunctions but a hard pillow to sleep on; for if I find that he prosecutes not with effect, he may perhaps, when he is awake, find not only his injunction dissolved, but his cause dismissed. There be other particular orders, I mean to take for non prosecution or faint prosecution, wherewith I will not trouble you now, because summa sequar fastigia rerum. And so much for matter of expedition. Now for the fourth and last point of the king's commandment; for the cutting off unnecessary charge of the subject, a great portion of it is fulfilled in the precedent article; for it is the length of suits that doth multiply charges chiefly; but yet there are some other remedies that do conduce thereunto. As for lawyers' fees, I must leave that to the conscience and merit of the lawyer; and the estimation and gratitude of the client: but this I can do; I know there have used to attend this bar a number of lawyers that have not been heard sometimes, and scarce once or twice in a term; and that makes the client seek to great counsel and favourites, as they call them, a term fitter for kings than judges, for every order that a mean lawyer might as well despatch. And therefore to help the generality of lawyers, and therein to ease the client, I will constantly observe that every Tuesday, and other days of orders, after nine o'clock strucken, I will hear the bar until eleven, or half an hour after ten at the least. And since I am upon the point whom I will hear, your lordships will give me leave to tell you a fancy. It falleth out, that there be three of us the king's servants in great places, that are lawyers by descent, Mr. Attorney son of a judge, Mr. Solicitor likewise son of a judge, and myself a chancellor's son. Now because the law roots so well in my time, I will water it at the root thus far, as besides these great ones, I will hear any judge's son before a serjeant, and any serjeant's son before a reader, if there be not many of them. Lastly, for the better ease of the subjects, and the First, therefore, I will maintain strictly, and with bridling of contentious suits, I shall give better, that severity, the former orders which I find my lord is greater, costs where the suggestions are not chancellor hath taken, for the immoderate and need-proved, than hath been hitherto used. less prolixity, and length of bills, and answers, and so forth; as well in punishing the party, as fining the counsel, whose hand I shall find at such bills, answers, &c. Secondly, for all the examinations taken in the court, I do give charge unto the examiners, upon peril of losing their places, that they do not use any idle repetitions, or needless circumstances, in setting down the depositions taken by them; and I would I could help it likewise in the country, but that is almost impossible. Thirdly, I shall take a diligent survey of the copies in chancery, that they have their just number of lines, and without open and wasteful writing. Fourthly, I shall be careful there be no exaction There be divers orders for the better reglement of this court; and for granting of writs, and for granting of benefices and others, which I shall set down in a table. But I will deal with no other to-day but such as have a proper relation to his Majesty's commandment; it being my comfort that I serve such a master, that I shall need to be but a conduit only for the conveying of his goodness to his people. And it is true, that I do affect and aspire to make good that saying, that "Optimus magistratus præstat optimæ legi;" which is true in his Majesty. But for myself, I doubt I shall not attain it. yet I have a domestic example to follow. My lords, I have no more to say, but now I will go on to the | business of the court. But THE SPEECH WHICH WAS USED BY THE LORD KEEPER OF THE GREAT SEAL, IN THE STAR-CHAMBER BEFORE THE SUMMER CIRCUITS, THE KING BEING THEN IN SCOTLAND, 1617. THE king, by his perfect declaration published in | fore the circuits, rather of ceremony than of use this place concerning judges and justices, hath For as in his book to his son he hath set forth a made the speech of his chancellor, accustomed be- true character and platform of a king; so in this |