What followed has left a dark and shameful stain on the record of the reign of James I. The King personally interfered on behalf of his favourite, and resolved that Essex should be compelled to surrender his wife. For this purpose the Countess was instructed to bring against him a charge of conjugal incapacity; and a Commission of right reverend prelates and learned lawyers, under the presidency--one blushes to write it--of Abbot, Archbishop of Canterbury, was appointed to investigate the loathsome details. A jury of matrons was empanelled to determine the virginity of Lady Essex, and, as a pure young girl was substituted in her place, their verdict was, of course, in the affirmative! As for the Commission, it decided, after long debates, by a majority of seven to five, that the Lady Frances was entitled to a divorce--the majority being obtained, however, only by the King's active exercise of his personal influence (September, 1613). The lady having thus been set free from her vows by a most shameless intrigue, James hurried on a marriage between her and his favourite, and on St. Stephen's Day it was celebrated with great splendour. In the interval Carr had been raised to the rank and title of Earl of Somerset, and his wife had previously been made Viscountess Rochester.
A strenuous opponent of these unhallowed nuptials had been found in the person of Sir Thomas Overbury, a young man of brilliant parts, who stood towards Somerset in much the same relation that Somerset stood towards the King. At the outset he had looked with no disfavour on his patron's intrigue with Lady Frances, but had actually composed the love-letters which went to her in the Earl's name; but, for reasons not clearly understood, he assumed a hostile attitude when the marriage was proposed. As he had acquired a knowledge of secrets which would have made him a dangerous witness before the Divorce Commission, the intriguers felt the necessity of getting him out of the way. Accordingly, the King pressed upon him a diplomatic appointment on the Continent, and when this was refused committed him to the Tower. There he lingered for some months in failing health until a dose of poison terminated his sufferings on September 13, 1613, rather more than three months before the completion of the marriage he had striven ineffectually to prevent. This poison was unquestionably administered at the instigation of Lady Essex, though under what circumstances it is not easy to determine. The most probable supposition seems to be that an assistant of Lobell, a French apothecary who attended Overbury, was bribed to administer the fatal drug.