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.
What did Sir Thomas Overbury know that made every one whose interest
it was to further the nullity suit so scared of him--Rochester, her
ladyship, Northampton, the Howards, the King himself?
Public-domain text, read in full here on John Shaqi.
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