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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； upon which he made those threats。 He had too great a knowledge
of affairs not to know that the commission would be a packed one； too
great an acquaintance with the strategy of James to believe that his lonely
evidence； unless of bombshell nature； would have a chance of carrying
weight in a court of his Majesty's picking。 And； then； he was of too big a
mind to put forward evidence which would have no effect but that of
affording gossip for the scandal…mongers； and the giving of which would
make him appear to be actuated by petty spite。 He had too great a sense
of his own dignity to give himself anything but an heroic role。 Samson
he might play； pulling the pillars of the temple together to involve his
enemies； with himself； in magnificent and dramatic ruin。 But Iachimo
no。
In the welter of evidence conflicting with apparent fact which was
given before the commission and in the trials of the Great Oyer； in the
mass of writing both contemporary and of later days round the Overbury
mystery； it is hard indeed to land upon the truth。 Feasible solution is to
be come upon only by accepting a not too pretty story which is retailed by
Antony Weldon。 He says that the girl whom the jury of matrons declared
to be virgo intacta was so heavily veiled as to be unidentifiable through
the whole proceedings； and that she was not Lady Essex at all； but the
youthful daughter of Sir Thomas Monson。
Mrs Turner； we do know； was very much a favourite with the ladies of
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Sir Thomas Monson's family。 Gossip Weldon has a funny； if lewd； story
to tell of high jinks indulged in by the Monson women and Mrs Turner in
which Symon； Monson's servant； played an odd part。 This Symon was
also employed by Mrs Turner to carry food to Overbury in the Tower。 If
the substitution story has any truth in it it might well have been a Monson
girl who played the part of the Countess。 But； of course； a Monson girl
may have been chosen by the inventors to give verisimilitude to the
substitution story； simply because the family was friendly with Turner； and
the tale of the lewd high jinks with Symon added to make it seem more
likely that old Lady Monson would lend herself to such a plot。
If there was such a plot it is not at all unlikely that Overbury knew of it。
If there was need of such a scheme to bolster the nullity petition it would
have had to be evolved while the petition was being plannedthat is； a
month or two before the commission went first into session。 At that time
Overbury was still Rochester's secretary； still Rochester's confidant； and if
such a scheme had been evolved for getting over an obstacle so fatal to the
petition's success it was not in Rochester's nature to have concealed it
from Overbury； the two men still being fast friends。 Indeed； it may have
been Overbury who pointed out the need there would be for the Countess
to undergo physical examination； and it may have been on the certainty
that her ladyship could not do so that Overbury rested so securelyas he
most apparently did； beyond the point of safetyin the idea that the suit
was bound to fail。 It is legitimate enough to suppose； along this
hypothesis； that this substitution plot was the very matter on which the two
men quarrelled。
That Overbury had knowledge of some such essential secret as this is
manifest