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abroad, and pass some time in his travels.* He returned into England after four years' absence, and was pleased to find his countess in the full lustre of beauty, and possessed of the love and admiration of the whole court. But, when the earl approached, and claimed the privileges of a husband, he met with nothing but symptoms of aversion and disgust, and a flat refusal of any further familiarities. He applied to her parents, who constrained her to attend him into the coun、 try, and to partake of his bed but nothing could overcome her rigid sullenness and obstinacy; and she still rose from his side without having shared the nuptial pleasures. Disgusted with reiterated denials, he at last gave over the pursuit, and separating himself from her, thenceforth abandoned her conduct to her own will and discretion.

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Such coldness and aversion in Lady Essex arose not without an attachment to another object. The favorite had opened his addresses, and had been too successful in making impres sion on the tender heart of the young countess. She imagined that, so long as she refused the embraces of Essex, she never could be deemed his wife; and that a separation and divorce might still open the way for a new marriage with her beloved Rochester. Though their passion was so violent, and their opportunities of intercourse so frequent, that they had already indulged themselves in all the gratifications of love, they still lamented their unhappy fate, while the union between them was not entire and indissoluble. And the lover, as well as his mistress, was impatient till their mutual ardor should be crowned by marriage.

So momentous an affair could not be concluded without consulting Overbury, with whom Rochester was accustomed to share all his secrets. While that faithful friend had considered his patron's attachment to the countess of Essex merely as an affair of gallantry, he had favored its progress; and it was partly owing to the ingenious and passionate letters which he dictated, that Rochester had met with such success in his addresses. Like an experienced courtier, he thought that a conquest of this nature would throw a lustre on the young favorite, and would tend still further to endear him to James, who was charmed to hear of the amours of his court, and listened with attention to every tale of gallantry. But great Kennet, p. 687.

* Kennet, p. 686.

State Trials, vol. i. p. 228.

was Overbury's alarm, when Rochester mentioned his design of marrying the countess; and he used every method to dissuade his friend from so foolish an attempt. He represented how invidious, how difficult an enterprise to procure her a divorce from her husband: how dangerous, how shameful, to take into his own bed a profligate woman, who, being married to a young nobleman of the first rank, had not scrupled to prostitute her character, and to bestow favors on the object of a capricious and momentary passion. And in the zeal of friendship, he went so far as to threaten Rochester, that he would separate himself forever from him, if he could so far forget his honor and his interest as to prosecute the intended marriage.*

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Rochester had the weakness to reveal this conversation to the countess of Essex; and when her rage and fury broke out against Overbury, he had also the weakness to enter into her vindictive projects, and to swear vengeance against his friend, for the utmost instance which he could receive of his faithful friendship. Some contrivance was necessary for the execution of their purpose. Rochester addressed himself to the king; and after complaining, that his own indulgence to Overbury had begotten in him a degree of arrogance which was extremely disagreeable, he procured a commission for his embassy to Russia; which he represented as a retreat for his friend, both profitable and honorable. When consulted by Overbury, he earnestly dissuaded him from accepting this offer, and took on himself the office of satisfying the king, if he should be anywise displeased with the refusal. To the king again, he aggravated the insolence of Overbury's conduct, and obtained a warrant for committing him to the Tower, which James intended as a slight punishment for his disobedience. The lieutenant of the Tower was a creature of Rochester's, and had lately been put into the office for this very purpose: he confined Overbury so strictly, that the unhappy prisoner was debarred the sight even of his nearest relations, and no communication of any kind was allowed with him during near six months which he lived in prison.

This obstacle being removed, the lovers pursued their purpose; and the king himself, forgetting the dignity of his character, and his friendship for the family of Essex, entered

* State Trials, vol. i. p. 235, 236, 252. Franklyn, p. 14,
+ State Trials, vol. i. p. 236, 237, etc.

zealously into the project of procuring the countess a divorce from her husband. Essex also embraced the opportunity of separating himself from a bad woman, by whom he was hated; and he was willing to favor their success by any honorable expedient. The pretence for a divorce was his incapacity to fulfil the conjugal duties; and he confessed that, with regard to the countess, he was conscious of such an infirmity, though he was not sensible of it with regard to any other woman. In her place, too, it is said, a young virgin was substituted under a mask, to undergo a legal inspection by a jury of matrons. After such a trial, seconded by court influence, and supported by the ridiculous opinion of fascination or witchcraft, the sentence of divorce was pronounced between the earl of Essex and his countess.* And, to crown the scene, the king, solicitous lest the lady should lose any rank by her new marriage, bestowed on his minion the title of earl of Somerset.

Notwithstanding this success, the countess of Somerset was not satisfied till she should further satiate her revenge on Overbury and she engaged her husband, as well as her uncle, the earl of Northampton, in_the_ atrocious design of taking him off secretly by poison. Fruitless attempts were reiterated by weak poisons; but at last they gave him one so sudden and violent, that the symptoms were apparent to every one who approached him.† His interment was hurried on with the greatest precipitation; and though a strong suspicion immediately prevailed in the public, the full proof of the crime was not brought to light till some years after.

The fatal catastrophe of Overbury increased or begot the suspicion that the prince of Wales had been carried off by poison given him by Somerset. Men considered not that the contrary inference was much juster. If Somerset was so great a novice in this detestable art, that, during the course of five months, a man who was his prisoner and attended by none but his emissaries, could not be despatched but in so bungling a manner, how could it be imagined, that a young prince, living in his own court, surrounded by his own friends and domestics, could be exposed to Somerset's attempts, and be taken off by so subtile a poison, if such a one exist, as could elude the skill of the most experienced physicians?

The ablest minister that James ever possessed, the earl of

* State Trials, vol. i. p. 223, 224, etc. Franklyn's Annals, p. 2 8, etc.

† Kennet, p. 693. State Trials, vol. i. p. 233, 234, etc.

Salisbury, was dead:* Suffolk, a man of slender capacity, had succeeded him in his office; and it was now his task to supply, from an exhausted treasury, the profusion of James and of his young favorite. The title of baronet, invented by Salisbury, was sold ; and two hundred patents of that species of knighthood were disposed of for so many thousand pounds; each rank of nobility had also its price affixed to it: privy seals were circulated to the amount of two hundred thousand pounds: benevolences were exacted to the amount of fifty-two thousand pounds: and some monopolies, of no great value, were erected. But all these expedients proved insufficient to supply the king's necessities; even though he began to enter into some schemes for retrenching his expenses. However small the hopes of success, a new parliament must be summoned, and this dangerous expedient for such it was now become once more be put to trial.

[1614.] When the commons were assembled, they discovered an extraordinary alarm, on account of the rumor which was spread abroad concerning "undertakers." || It was reported, that several persons, attached to the king, had entered into a confederacy; and having laid a regular plan for the new elections, had distributed their interest all over England, and had undertaken to secure a majority for the court. So ignorant were the commons, that they knew not this incident to be the first infallible symptom of any regular or established liberty. Had they been contented to follow the maxims of their predecessors, who, as the earl of Salisbury said to the last parliament, never, but thrice in six hundred years, refused a supply,¶ they needed not dread that the crown should ever interest itself in their elections. Formerly the kings even insisted, that none of their household should be elected members; and though the charter was afterwards declared void, Henry VI., from his great favor to the city of

* 14th of May, 1612. Franklyn, p. 10.

† Franklyn, p. 11, 33. § Franklyn, p. 49. Kennet, p. 696. Journ. 12th

Parliament. Hist. vo. v. p. 286.
April; 2d May, 1614, etc. Franklyn, p. 48.

Journ. 17th Feb. 1609. It appears, however, that Salisbury was somewhat mistaken in this fact; and if the kings were not oftener refused supply by the parliament, it was only because they would not often expose themselves to the hazard of being refused: but it is certain that English parliaments did anciently carry their frugality to an extreme, and seldom could be prevailed upon to give the necessary support to government.

York, conferred a peculiar privilege on its citizens, that they should be exempted from this trouble.* It is well known, that, in ancient times, a seat in the house being considered as a burden, attended neither with honor nor profit, it was requisite for the counties and boroughs to pay fees to their representatives. About this time, a seat began to be regarded as an honor, and the country gentlemen contended for it; though the practice of levying wages for the parliament men was not altogether discontinued. It was not till long after, when liberty was thoroughly established, and popular assemblies entered into every branch of public business, that the members began to join profit to honor, and the crown found it necessary to distribute among them all the considerable offices of the kingdom.

So little skill, or so small means, had the courtiers in James's reign for managing elections, that this house of commons showed rather a stronger spirit of liberty than the foregoing; and instead of entering upon the business of supply, as urged by the king, who made them several liberal offers of grace,t they immediately resumed the subject which had been opened last parliament, and disputed his majesty's power of levying new customs and impositions, by the mere authority of his prerogative. It is remarkable, that, in their debates on this subject, the courtiers frequently pleaded, as a precedent, the example of all the other hereditary monarchs in Europe, and particularly mentioned the kings of France and Spain; nor was this reasoning received by the house either with surprise or indignation. The members of the opposite party either contented themselves with denying the justness of the inference, or they disputed the truth of the observation. And a patriot member in particular, Sir Roger Owen, even in arguing against the impositions, frankly allowed, that the king of England was endowed with as ample a power and prerogative as any prince in Christendom. The nations on the continent, we may observe, enjoyed still, in that age, some small remains of liberty; and the English were possessed of little more.

The commons applied to the lords for a conference with regard to the new impositions. A speech of Neile, bishop

* Coke's Institutes, part iv. chap. 1, of Charters of Exemption.
→ Journ. 11th April, 1614.
§ Journ. 12th, 21st May, 1614.

VOL. IV.

37

Journ. 21st May, 1614.
Journ. 18th April, 1814.

H

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