These are days of omens and portents for those who value such things and can read them. The malign stories have come out of the books and are enacting themselves. A queen is locked in a tower, accused of incest. The commonwealth, nature herself, is perturbed. Ghosts are glimpsed in doorways, standing by windows, against walls, hoping to overhear the secrets of the living. A bell rings of itself, touched by no human hand. There is a burst of speech where no one is present, a hissing in the air like the sound of a hot iron plunged into water. Sober citizens are moved to shout in church. A woman pushes through the crowd at his gate, grabbing at the bridle of his horse. Before the guards force her away, she shouts at him, ‘God help us, Cromwell, what a man the king is! How many wives does he mean to have?’
For once, Jane Seymour has a blush of colour in her cheeks; or perhaps it is reflected from her gown, the soft clear rose of quince jelly.
Statements, indictments, bills are circulated, shuffled between judges, prosecutors, the Attorney General, the Lord Chancellor’s office; each step in the process clear, logical, and designed to create corpses by due process of law. George Rochford will be tried apart, as a peer; the commoners will be tried first. The order goes to the Tower, ‘Bring up the bodies.’ Deliver, that is, the accused men, by name Weston, Brereton, Smeaton and Norris, to Westminster Hall for trial. Kingston fetches them by barge; it is 12 May, a Friday. They are brought in by armed guards through a fulminating crowd, shouting the odds. The gamblers believe that Weston will get off; this is his family’s campaign at work. But for the others, the odds are even that they live or die. For Mark Smeaton, who has admitted everything, no wagers are being taken; but a book is open on whether he will be hanged, beheaded, boiled or burned, or subject to some novel penalty of the king’s invention.
They do not understand the law, he says to Riche, looking down from a window at the scenes below. There is only one penalty for high treason: for a man, to be hanged, cut down alive and eviscerated, or for a woman, to be burned. The king may vary the sentence to decapitation; only poisoners are boiled alive. The court can give just the one sentence in this case, and it will be transmitted from the court to the crowds, and misunderstood, so that those who have won will be gnashing their teeth, and those who have lost will be demanding their money, and there will be fights and torn clothes and smashed heads, and blood on the ground while the accused are still safe in the courtroom, and days away from death.
They will not hear the charges till they hear them in court and, as is usual in treason trials, they will have no legal representation. But they will have a chance to speak, and represent themselves, and they can call witnesses: if anybody will stand up for them. Men have been tried for treason, these last few years, and walked free, but these men know they will not escape. They have to think of their families left behind; they want the king to be good to them and that alone should still any protest, prevent any strident pleas of innocence. The court must be allowed to work unimpeded. In return for their cooperation it is understood, more or less understood, that the king will grant them the mercy of death by the axe, which will not add to their shame; though there are murmurs among the jurors that Smeaton will hang because, being a man of low birth, he has no honour to protect.
Norfolk presides. When the prisoners are brought in, the three gentlemen draw away from Mark; they want to show him their scorn, and how they are better than he. But this brings them into proximity with each other, more than they will allow; they will not look at each other, he notices, they shuffle to create as much space as they can, so they seem to be shrinking from each other, twitching at coats and sleeves. Only Mark will declare his guilt. He has been kept in irons in case he tries to destroy himself: surely a charity, as he would bungle it. So he arrives before the court intact, as promised, no marks of injury, but unable to keep himself from tears. He pleads for mercy. The other defendants are succinct but respectful to the court: three heroes of the tilting ground who see, bearing down on them, the indefeasible opponent, the King of England himself. There are challenges they could make, but the charges, their dates and their details, go by them so fast. They can win a point, if they insist; but it only slows the inevitable, and they know it. When they go in, the guards stand with halberds reversed; but when they come out, convicted, the axe edge is turned to them. They push through the uproar, dead men: hustled through the lines of halberdiers to the river, and back to their temporary home, their anteroom, to write their last letters and make spiritual preparations. All have expressed contrition, though none but Mark has said for what.
A cool afternoon: and once the crowds have drifted off, and the court broken up, he finds himself sitting by an open window with the clerks bundling the records, and he watches it done, and then says, I will go home now. I am going to my city house, to Austin Friars, send the papers to Chancery Lane. He is the overlord of the spaces and the silences, the gaps and the erasures, what is missed or misconstrued or simply mistranslated, as the news slips from English to French and perhaps via Latin to Castilian and the Italian tongues, and through Flanders to the Emperor’s eastern territories, over the borders of the German principalities and out to Bohemia and Hungary and the snowy realms beyond, by merchantmen under sail to Greece and the Levant; to India, where they have never heard of Anne Boleyn, let alone her lovers and her brother; along the silk routes to China where they have never heard of Henry the eighth of that name, or any other Henry, and even the existence of England is to them a dark myth, a place where men have their mouths in their bellies and women can fly, or cats rule the commonwealth and men crouch at mouse holes to catch their dinner. In the hall at Austin Friars he stands for a moment before the great image of Solomon and Sheba; the tapestry belonged to the cardinal once, but the king took it, and then, after Wolsey was dead, and he, Cromwell, had risen in favour, the king had made him a gift of it, as if embarrassed, as if slipping back to its true owner something that should never have been away. The king had seen him look with longing, and more than once, at Sheba’s face, not because he covets a queen but because she takes him back to his past, to a woman whom by accident she resembles: Anselma, an Antwerp widow, whom he might have married, he often thinks, if he had not made up his mind suddenly to take himself off back to England and pick up with his own people. In those days he did things suddenly: not without calculation, not without care, but once his mind was made up he was swift to move. And he is still the same man. As his opponents will find.
‘Gregory?’ His son is still in his riding coat, dusty from the road. He hugs him. ‘Let me look at you. Why are you here?’
‘You did not say I must not come,’ Gregory explains. ‘You did not absolutely forbid it. Besides, I have learned the art of public speaking now. Do you want to hear me make a speech?’
‘Yes. But not now. You ought not to ride about the country with just one attendant or two. There are people who would hurt you, because you are known to be my son.’
‘How am I known?’ Gregory says. ‘How would they know that?’ Doors open, there are feet on the stairs, there are questioning faces crowding the hall; the news from the courtroom has preceded him. Yes, he confirms, they are all guilty, all condemned, whether they will go to Tyburn I do not know, but I will move the king to grant them the swifter end; yes, Mark too, because when he was under my roof I offered him mercy, and this is all the mercy I can deliver.
‘We heard they are all in debt, sir,’ says his clerk Thomas Avery, who does the accounts.
‘We heard there were perilous crowds, sir,’ says one of his watchmen.
Thurston the cook comes out, looking floury: ‘Thurston has heard there were pies on sale,’ says the jester Anthony. ‘And I, sir? I hear that your new comedy was very well-received. And everybody laughed except the dying.’
Gregory says, ‘But there could still be reprieves?’
‘Undoubtedly.’ He does not feel like adding anything. Someone has given him a drink of ale; he wipes his mouth.
‘I remember
when we were at Wolf Hall,’ Gregory says, ‘and Weston spoke so boldly to you, and so me and Rafe, we caught him in our magic net and dropped him from a height. But we would not really have killed him.’
‘The king is wreaking his pleasure, and so many fine gentlemen will be spoiled.’ He speaks for the household to hear. ‘When your acquaintances tell you, as they will, that it is I who have condemned these men, tell them that it is the king, and a court of law, and that all proper formalities have been observed, and no one has been hurt bodily in pursuit of the truth, whatever the word is in the city. And you will not believe it, please, if ill-informed persons tell you these men are dying because I have a grudge against them. It is beyond grudge. And I could not save them if I tried.’
‘But Master Wyatt will not die?’ Thomas Avery asks. There is a murmur; Wyatt is a favourite in his household, for his open-handed ways and his courtesy.
‘I must go in now. I must read the letters from abroad. Thomas Wyatt…well, let us say I have advised him. I think we shall soon see him here among us, but bear in mind that nothing is certain, the will of the king…No. Enough.’
He breaks off, Gregory trails him. ‘Are they really guilty?’ he asks, the moment they are alone. ‘Why so many men? Would it not have stood better with the king’s honour if he named only one?’
He says wryly, ‘That would distinguish him too much, the gentleman in question.’
‘Oh, you mean that people would say, Harry Norris has a bigger cock than the king, and he knows what to do with it?’
‘What a way with words you have indeed. The king is inclined to take it patiently, and where another man would strive to be secret, he knows he cannot be, because he is not a private man. He believes, or at least he wishes to show, that the queen has been indiscriminate, that she is impulsive, that her nature is bad and she cannot control it. And now that so many men are found to have erred with her, any possible defence is stripped away, do you see? That is why they have been tried first. As they are guilty, she must be.’
Gregory nods. He seems to understand, but perhaps seeming is as far as it goes. When Gregory says, ‘Are they guilty?’ he means, ‘Did they do it?’ But when he says, ‘Are they guilty?’ he means, ‘Did the court find them so?’ The lawyer’s world is entire unto itself, the human pared away. It was a triumph, in a small way, to unknot the entanglement of thighs and tongues, to take that mass of heaving flesh and smooth it on to white paper: as the body, after the climax, lies back on white linen. He has seen beautiful indictments, not a word wasted. This was not one: the phrases jostled and frotted, nudged and spilled, ugly in content and ugly in form. The design against Anne is unhallowed in its gestation, untimely in its delivery, a mass of tissue born shapeless; it waited to be licked into shape as a bear cub is licked by its mother. You nourished it, but you did not know what you fed: who would have thought of Mark confessing, or of Anne acting in every respect like an oppressed and guilty woman with a weight of sin upon her? It is as the men said today in court: we are guilty of all sorts of charges, we have all sinned, we all are riddled and rotten with offences and, even by the light of church and gospel, we may not know what they are. Word has come from the Vatican, where they are specialists in sin, that any offers of friendship, any gesture of reconciliation from King Henry, would be viewed kindly at this difficult time; because, whoever else is surprised, they are not surprised in Rome about the turn events have taken. In Rome, of course, it would be unremarkable: adultery, incest, one merely shrugs. When he was at the Vatican, in Cardinal Bainbridge’s day, he quickly saw that no one in the papal court grasped what was happening, ever; and least of all the Pope. Intrigue feeds on itself; conspiracies have neither mother nor father, and yet they thrive: the only thing to know is that no one knows anything.
Though in Rome, he thinks, there is little pretence at process of law. In the prisons, when an offender is forgotten and starves, or when he is beaten to death by his gaolers, they just stuff the body into a sack then roll and kick it into the river, where it joins the Tiber’s general effluent.
He looks up. Gregory has been sitting quietly, respectful of his thoughts. But now he says, ‘When will they die?’
‘It cannot be tomorrow, they need time to settle their business. And the queen will be tried in the Tower on Monday, so it must be after that, Kingston cannot…the court will sit in public, you see, the Tower will be awash with people…’ He pictures an unseemly scramble, the condemned men having to fight to the scaffold through the incoming hordes who want to see a queen on trial.
‘But will you be there to watch?’ Gregory insists. ‘When it does occur? I could attend them at the last to offer them my prayers, but I could not do it unless you were there. I might fall down on the ground.’
He nods. It is good to be realistic in these matters. He has heard street brawlers in his youth boast of their stomach, then blench at a cut finger, and anyway being at an execution is not like being in a fight: there is fear, and fear is contagious, whereas in a scrap there is no time for fear, and not until it’s over do your legs begin to shake. ‘If I am not there, Richard will be. It is a kindly thought and though it would give you pain I feel it shows respect.’ He cannot guess the shape of the next week. ‘It depends…the annulment must go through, so it rests with the queen, on how she helps us, will she give her assent.’ He is thinking aloud: ‘It may be I am at Lambeth with Cranmer. And please, my dear son, don’t ask me why there has to be an annulment. Just know it’s what the king wants.’
He finds he cannot think of the dying men at all. Into his mind instead strays the picture of More on the scaffold, seen through the veil of rain: his body, already dead, folding back neatly from the impact of the axe. The cardinal when he fell had no persecutor more relentless than Thomas More. Yet, he thinks, I did not hate him. I exercised my skills to the utmost to persuade him to reconcile with the king. And I thought I would win him, I really thought I would, for he was tenacious of the world, tenacious of his person, and had a good deal to live for. In the end he was his own murderer. He wrote and wrote and he talked and talked, then suddenly at a stroke he cancelled himself. If ever a man came close to beheading himself, Thomas More was that man.
The queen wears scarlet and black, and instead of a hood a jaunty cap, with feathers of black and white sweeping across its brim. Remember those plumes, he tells himself; this will be the last time, or almost so. How did she look, the women will ask. He will be able to say she looked pale, but unafraid. How can it be for her, to enter that great chamber and to stand before the peers of England, all men and none of them desiring her? She is tainted now, she is dead meat, and instead of coveting her – bosom, hair, eyes – their gaze slides away. Only Uncle Norfolk glares at her fiercely: as if her head were not Medusa’s head.
In the centre of the great hall at the Tower they have built a platform with benches for the judges and peers, and there are some benches too in the side arcades, but the most part of the spectators will be standing, pushing in behind each other till the guards say ‘No more,’ and block the doorways with staves. Even then they push, and the noise rises as those who have been let through jostle in the well of the court, till Norfolk, his white baton of office in his hand, calls for silence, and from the ferocious expression on his face, the most ignorant person in that throng knows he means it.
Here is the Lord Chancellor seated by the duke, to supply him with the best legal advice in the kingdom. Here is the Earl of Worcester, whose wife, you might say, started all this; and the earl gives him a filthy look, he does not know why. Here is Charles Brandon, Duke of Suffolk, who has hated Anne since he set eyes on her and has made it plain to the king’s face. Here is the Earl of Arundel, the Earl of Oxford, the Earl of Rutland, the Earl of Westmorland: among them he moves softly, plain Thomas Cromwell, a greeting here and a word there, spreading reassurance: the Crown’s case is in order, no upsets are expected or will be tolerated, we shall all be home for supper and sleep safely in our own beds t
onight. Lord Sandys, Lord Audley, Lord Clinton and many lords more, each pricked off on a list as they take their seats: Lord Morley, George Boleyn’s father-in-law, who reaches for his hand and says, please, Thomas Cromwell, as you love me, let not this sordid business rebound on my poor little daughter Jane.
She was not so much your poor little daughter, he thinks, when you married her off without asking her; but it is common, you cannot blame him as a father, for as the king once said to him ruefully, it is only very poor men and women who are free to choose who they love. He clasps Lord Morley’s hand in return, and wishes him courage, and bids him take his seat, for the prisoner is among us and the court prepared.
He bows to the foreign ambassadors; but where is Chapuys? Word is passed forward, he is suffering from a quartan fever: word is passed back, I am sorry to hear that, let him send to my house for anything that might make him more comfortable. Say his fever is up today, day one: its tide ebbing tomorrow, by Wednesday he is on his feet but shaky, but by Thursday night he will be down again, as it shakes him in its grip.
The Attorney General reads the indictment, and it takes some time: crimes under statute, crimes under God. As he gets to his feet to prosecute he is thinking, the king expects a verdict by mid-afternoon; and glancing across the court he sees Francis Bryan, still in his outdoor coat, ready to get on the river with word to the Seymours. Steady, Francis, he thinks, this may take some time, it may get hot in here.
The substance of the case is the work of an hour or two, but when there are ninety-five names to be verified, of the justices and the peers, then the mere shuffling and the throat-clearing, the nose-blowing, the adjustment of robes and the settling of belt sashes – all those distracting rituals that some men need before they speak in public – with all that, it is clear the day will wear on; the queen herself is a still presence, listening intently from her chair as the list of her crimes is read out, the dizzying catalogue of times, dates, places, of men, their members, their tongues: into the mouth, out of the mouth, into divers crannies of the body, at Hampton Court and Richmond Palace, at Greenwich and Westminster, in Middlesex and in Kent; and then the loose words and taunts, the jealous quarrels and twisted intentions, the declaration, by the queen, that when her husband is dead, she will choose some one of them to be her husband, but she cannot yet say which. ‘Did you say that?’ She shakes her head. ‘You must answer aloud.’
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