But the threats which Overbury, indignant at his betrayal by Rochester, made by speech and writing were becoming common property in the city and at Court One of Overbury's visitors who had made public mention of Overbury's knowledge of facts likely to blow upon the Essex suit was arrested on the orders of Northampton. In the absence of the King and Rochester from London the old Earl was acting as Chief Secretary of State—thus proving Overbury to have been a true prophet. Northampton issued orders to the Tower that Overbury was to be closely confined, that his man Davies was to be dismissed, and that he was to be denied all visitors. The then Lieutenant of the Tower, one Sir William Wade, was deprived of his position on the thinnest of pretexts, and, on the recommendation of Sir Thomas Monson, Master of the Armoury, an elderly gentleman from Lincolnshire, Sir Gervase Elwes, was put in his place.
From that moment Sir Thomas Overbury was permitted no 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.
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. 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 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.