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communication with the outer world； save by letter to Lord Rochester and
for food that was brought him； as we shall presently see； at the instance of
Mrs Turner。
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In place of his own servant Davies Sir Thomas was allowed the
services of an under…keeper named Weston； appointed at the same time as
Sir Gervase Elwes。 This man； it is perhaps important to note； had at one
time been servant to Mrs Turner。
The alteration in the personnel of the Tower was almost immediately
followed by severe illness on the part of the prisoner。 The close
confinement to which he was subjected； with the lack of exercise； could
hardly have been the cause of such a violent sickness。 It looked more as
if it had been brought about by something he had eaten or drunk。 By this
time the conviction he had tried to resist； that Rochester was meanly
sacrificing him； became definite。 Overbury is hardly to be blamed if he
came to a resolution to be revenged on his one…time friend by bringing
him to utter ruin。 King James had been so busy in the Essex nullity suit；
had gone to such lengths to carry it through； that if it could be wrecked by
the production of the true facts he would be bound to sacrifice Rochester
to save his own face。 Sir Thomas had an accurate knowledge of the
King's character。 He knew the scramble James was capable of making in
a difficulty that involved his kingly dignity； and what little reck he had of
the faces he trod on in climbing from a pit of his own digging。 By a trick
Overbury contrived to smuggle a letter through to the honest Archbishop
Abbot； in which he declared his possession of facts that would non…suit the
nullity action； and begged to be summoned before the commission。
Overbury was getting better of the sickness which had attacked him
when suddenly it came upon him again。 This time he made no bones
about saying that he had been poisoned。
Even at the last Overbury had taken care to give Rochester a chance to
prove his fidelity。 He contrived that the delivery of the letter to the
Archbishop of Canterbury should be delayed until just before the nullity
commission； now augmented by members certain to vote according to the
King's desire； was due to sit again。 The Archbishop carried Overbury's
letter to James； and insisted that Overbury should be heard。 The King；
outward stickler that he was for the letter of the law； had to agree。
On the Thursday of the week during which the commission was sitting
Overbury was due to be called。 He was ill； but not so ill as he had been。
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On the Tuesday he was visited by the King's physician。 On the
Wednesday he was dead。
Now； before we come to examine those evidences regarding
Overbury's death that were to be brought forward in the series of trials of
later date； that series which was to be known as ‘‘the Great Oyer of
Poisoning；'' it may be well to consider what effect upon the Essex nullity
suit Overbury's appearance before the commission might have had。 It
may be well to consider what reason Rochester had for keeping his friend
in close confinement in the Tower； what reason there was for permitting
Northampton to impose such cruelly rigorous conditions of imprisonment。
The nullity suit succeeded。 A jury of matrons was impanelled； and
made an examination of the lady appellant。 Its evidence was that she was
virgo intacta。 Seven out of the twelve members of the packed
commission voted in favour of the sentence of nullity。
The kernel of the situation lies in the verdict of the jury of matrons。
Her ladyship was declared to be a maid。 If in the finding gossips and
scandal…mongers found reason for laughter； and decent enough people
cause for wonderment； they are hardly to be blamed。 If Frances Howard
was a virgin； what reason was there for fearing anything Overbury might
have said？ What knowledge had he against the suit that put Rochester
and the Howards in such fear of him that they had to confine him in the
Tower under such miserable conditions？ In what was he so dangerous
that he had to be deprived of his faithful Davies； that he had to be put in
the care of a Tower Lieutenant specially appointed？ The evidence given
before the commission can still be read in almost verbatim report。 It is
completely in favour of the plea of Lady Essex。 Sir Thomas Overbury's；
had he given evidence； would have been the sole voice against the suit。
If he had said that in his belief the association of her ladyship with
Rochester had been adulterous there was the physical fact adduced by the
jury of matrons to confute him。 And being confuted in that； what might
he have said that would not be attributed to rancour on his part？ That her
ladyship； with the help of Mrs Turner and the wizard of Lambeth； had
practised magic upon her husband； giving him powders that went near to
killing him？ That she had lived in seclusion for several months with her
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husband at Chartley； and that the non…consummation of the marriage was
due； not to the impotence of the husband； but to refusal to him of marital
rights on the part of the wife because of her guilty love for Rochester？
His lordship of Essex was still alive； and there was abundant evidence
before the court that there had been attempt to consummate the marriage。
Whatever Sir Thomas might have said would have smashed as evidence
on that one fact。 Her ladyship was a virgin。
What did Sir Thomas Overbury know that made every one whose
interest it was to further the nullity suit so scared of himRochester； her
ladyship； Northampton； the Howards； the King himself？
Sir Thomas Overbury was much too cool…minded； too intelligent； to
indulge in threats unless he was certain of the grounds； and solid upon
them； up