she stands accused(她是被告)-第22章
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murthered by my lord Coke's law as Overbury was without any law。
Though you will look in vain through the reports given in the State
Trials for any speech of Coke to the jury in exactly these terms； it might be
just as well to remember that the transcriptions from which the Trials are
printed were prepared UNDER Coke's SUPERVISION； and that they； like
the confessions of the convicted； are very often in his own handwriting。
At all events； even on the bowdlerized evidence that exists； it is plain
that Anne Turner should have been charged only with attempted murder。
Of that she was manifestly guilty and； according to the justice of the time；
thoroughly deserved to be hanged。 The indictment against her was faulty；
and the case against her as full of holes as a colander。 Her trial was
‘cooked' in more senses than one。
It was some seven months after the execution of Anne Turner that the
Countess of Essex was brought to trial。 This was in May。 In December；
while virtually a prisoner under the charge of Sir William Smith at Lord
Aubigny's house in Blackfriars； she had given birth to a daughter。 In
March she had been conveyed to the Tower； her baby being handed over to
the care of her mother； the Countess of Suffolk。 Since the autumn of the
previous year she had not been permitted any communication with her
husband； nor he with her。 He was already lodged in the Tower when she
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arrived there。
On a day towards the end of May she was conveyed by water from the
Tower to Westminster Hall。 The hall was packed to suffocation； seats
being paid for at prices which would turn a modern promoter of a world's
heavyweight…boxing…championship fight green with envy。 Her judges
were twenty…two peers of the realm； with the Lord High Steward； the Lord
Chief Justice； and seven judges at law。 It was a pageant of colour； in the
midst of which the woman on trial； in her careful toilette； consisting of a
black stammel gown； a cypress chaperon or black crepe hood in the
French fashion； relieved by touches of white in the cuffs and ruff of
cobweb lawn； struck a funereal note。 Preceded by the headsman carrying
his axe with its edge turned away from her； she was conducted to the bar
by the Lieutenant of the Tower。 The indictment was read to her； and at its
end came the question： ‘‘Frances Howard； Countess of Somerset； how
sayest thou？ Art thou guilty of this felony and murder or not guilty？''
There was a hushed pause for a moment； then came the low…voiced
answer： ‘‘Guilty。''
Sir Francis Bacon； the Attorney…Generalhimself to appear in the
same place not long after to answer charges of bribery and corruption
now addressed the judges。 His eloquent address was a commendation of
the Countess's confession； and it hinted at royal clemency。
In answer to the formal demand of the Clerk of Arraigns if she had
anything to say why judgment of death should not be given against her the
Countess made a barely audible plea for mercy； begging their lordships to
intercede for her with the King。 Then the Lord High Steward； expressing
belief that the King would be moved to mercy； delivered judgment。 She
was to be taken thence to the Tower of London； thence to the place of
execution； where she was to be hanged by the neck until she was dead
and might the Lord have mercy on her soul。
The attendant women hastened to the side of the swaying woman。
And now the halbardiers formed escort about her； the headsman in front；
with the edge of his axe turned towards her in token of her conviction； and
she was led away。
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％ VI
It is perfectly clear that the Countess of Somerset was led to confess
on the promise of the King's mercy。 It is equally clear that she did not
know what she was confessing to。 Whatever might have been her
conspiracy with Anne Turner it is a practical certainty that it did not result
in the death of Thomas Overbury。 There is no record of her being
allowed any legal advice in the seven months that had elapsed since she
had first been made a virtual prisoner。 She had been permitted no
communication with her husband。 For all she knew； Overbury might
indeed have died from the poison which she had caused to be sent to the
Tower in such quantity and variety。 And she went to trial at Westminster
guilty in conscience； her one idea being to take the blame for having
brought about the murder of Overbury； thinking by that to absolve her
husband of any share in the plot。 She could not have known that her plea
of guilty would weaken Somerset's defence。 The woman who could go
to such lengths in order to win her husband was unlikely to have done
anything that might put him in jeopardy。 One can well imagine with
what fierceness she would have fought her case had she thought that by
doing so she could have helped the man she loved。
But Frances Howard； no less than her accomplice Anne Turner； was
the victim of a gross subversion of justice。 That she was guilty of a cruel
and determined attempt to poison Overbury is beyond question； and； being
guilty of that； she was thoroughly deserving of the fate that overcame
Anne Turner； but that at the last she was allowed to escape。 Her
confession； however； shackled Somerset at his trial。 It put her at the
King's mercy。 Without endangering her life Somerset dared not come to
the crux of his defence； which would have been to demand why Loubel
had been allowed to go free； and why the King's physician； Mayerne； had
not been examined。 To prevent Somerset from asking those questions；
which must have given the public a sufficient hint of King James's share in
the murder of Overbury； two men stood behind the Earl all through his
trial with cloaks over their arms； ready to muffle him。 But； whatever
may be said of Somerset； the prospect of the cloaks would not have
stopped him from attempting those questions。 He had sent word to King
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James that he was ‘‘neither Gowrie nor Balmerino；'' those two earlier
victims of James's treachery。 The thing that muffled him was the threat
to withdraw the promised mercy to his Countess。 And so he kept silent；
to be condemned to death as his wife had been； and to join her in the
Tower。
Five weary years were the couple to eat their hearts out there； their
death sentences remitted； before their ultimate banishment far from the
Court to a life of impoverished obscurity in the country。 Better for them；
one would think； if they had die
