May 15th was the date set for her trial and her brother’s. At the appointed time Anne, who was to appear first, walked regally into the King’s hall, which adjoined the royal apartments within the precincts of the Tower. She mounted the low platform made for the occasion, curtseyed to the rank of assembled peers as court etiquette demanded then seated herself carefully in the chair of state provided and faced her judges. She had dressed elegantly and conservatively for this occasion which could decide whether she would live or die. The severely cut black velvet gown was relieved by a vivid crimson petticoat, around her neck she wore her favourite pearls and her neatly arranged hair was topped by a black velvet hat with a discreet feather ornament.
The jury was composed of her peers; twenty six of them had assembled to judge whether her actions had been treasonable or no, headed by the Duke of Norfolk sitting under the cloth of state with the lord chancellor to his right and the Duke of Suffolk to his left. Just in front of Norfolk sat his son the Earl of Surrey, the Earl Marshall of England.
Anne looked searchingly at each face in turn and felt her spirits sink as she read their hostile expressions. Only one showed compassion for her plight, and that was the man she had once hoped to marry, Henry Percy, now Earl of Northumberland. She had guessed he would be there but found herself shocked by his appearance. From being a handsome, strapping young man he had become shrunken; his skin wore a deathly grey pallor and his hair was sparse. He was barely thirty and looked sixty.
Percy himself was aware of conflicting feelings as he found himself close to the person of Anne Boleyn for the first time in more than a decade. He had seen her since their courtship of course, but only fleetingly and from a distance. Did he love her still? He could not say, but certainly there still remained within him some spark of feeling for the King’s wife. He was astonished at how little she herself had altered. Gone of course was that adorable softness he had first recognised in her, but those great eyes still glittered and provoked and her skin remained as smooth and clear as it had been in her teenaged years. As to her figure, no-one would ever guess that she was mother to one living daughter and three dead boys. Looking down at his own wasted frame, Percy thought sadly how revolted she would be by his appearance. Racked by the cough as he was, he did not expect to see another Christmas and he realised with a sinking heart that if the jury passed the required verdict, neither would she.
As he watched her, holding herself so proudly despite her apprehension, he again cursed his inability to stand by her all those years ago. If they had married, they would each have kept the other safe, and then neither of them would have ever had to face the ordeal before them. His head dropped and in his frailty his eyes filled with tears for the life they might have shared together.
The Duke of Norfolk opened the proceedings. Like the others, Anne was charged with conspiracy against the life of the King and adultery, but an additional indictment accused her of incest with her own brother and of procuring the King’s affections by the use of witchcraft.
She jumped to her feet and firmly declared her innocence, gripping the rail before her for support as the first of the evidence was read aloud to the court.
“It is hereby stated that Anne, Queen of England procured for her own lustful pleasures a certain Henry Norris on the dates here given below. Also that she invited a certain Francis Weston, William Brereton and Mark Smeaton to visit her for carnal purposes within her state bedchamber. Later, additional evidence shall be produced containing the details of her incestuous union with Lord George Rochford, her own natural brother”.
They dealt with the alleged witchcraft first. She was accused of having used a ‘familiar’ to do her devil’s work and draw the King to her. When they finally allowed her to speak, Anne stated in a resigned voice that she had never looked for the King’s attentions and had only taken the usual steps to ensure the safety of her virtue by refusing to live at court unchaperoned and returning the King’s ‘bed bribes’.
Then the dates upon which all her supposed adulterous acts had taken place were revealed to the court. For every date and time given, Anne had a ready answer; indeed the majority of them were so obviously fabricated that they turned the trial into a farce.
“What do you say to the charge that on October 4th 1533 you did procure Henry Norris to have illicit intercourse with you at Greenwich palace?” droned Norfolk.
“Not guilty” said Anne firmly. “As my physicians will testify, I was still confined to bed following the birth of my daughter Elizabeth and in no fit state to entertain any man”.
“On 10th February 1534 did you or did you not invite Sir Francis Weston to know you carnally?” Norfolk continued.
“Not guilty! On that date I was carrying the King’s child and would in no way have desired to endanger the birth of a future heir”.
And so it continued; for each date stated, Anne truthfully told the court that she was either not at the alleged place of the crime or that she was either carrying, or had hopes of carrying the King’s heir on those dates.
For the incest charge, Jane Rochford was called as prime witness and in contrived halting tones, informed the court of the times when brother and sister had been alone for lengthy periods for possible ‘unnatural activities’. Having finished her testimony, Jane could not help throwing a deprecating half smile in the direction of her once much envied sister in law.
Refusing to look at her and keeping her eyes on her judges, Anne stated simply and honestly that Jane’s evidence was but the rampant imagination and jealousy of a scorned wife and that although her relationship with her brother was close – he being one of her most trusted advisors – they had never in any way overstepped the bounds of natural law.
The most damaging part of Jane’s evidence, and that which drew most gasps from the public gallery, was the statement regarding two incidences in November 1535. On 2nd November Anne was said to have lured George with her tongue in his mouth, culminating in carnal knowledge between the two on November 5th.
Anne again stood before the rail and gazed around the court in disbelief before answering that in November 1535 she was again in the early stages of pregnancy and vomiting with monotonous frequency. The onlookers in the galleries began muttering, prompting Norfolk to look up sharply; he sensed public opinion was swinging towards the Queen for every mother present knew that she could not be guilty of that which she was accused.
In reply to the conspiracy charge, Anne laughed briefly and said again. “Not guilty. For what would I be without the protection of my sovereign lord, hated by the people as I have been?”
Then the trial was over and a hubbub broke out in the courtroom that was barely silenced by Norfolk tapping his staff of office repeatedly on the floor. Anne was removed from the courtroom whilst the peers discussed their verdict and was confined under guard in a small chamber close to the royal apartments. She sat quietly, her hands clasped in her lap, staring dully before her. She did not have to wait long; only a very short time elapsed before she was called back and as she rose and smoothed her gown, she feared the worst.
Thankful that the fullness of her skirts masked the shaking of her legs, Anne walked slowly and with great dignity to the prisoner’s bar and stood in front of her judges; her upper body craned forward slightly as though she were about to watch a play and did not wish to miss a single word.
“Gentlemen, state your verdicts!” Norfolk commanded.
One by one, each rose to his feet and said loudly and firmly “Guilty as charged” oblivious to the by now obvious unrest in the public galleries and the frequent cries of “Shame!” directed at them. When it came to Henry Percy, so overcome was he by both the knowledge that her eyes were upon him and the effects of his illness, that he could neither rise nor formulate an answer. He was carried swiftly from the courtroom, a shaking, snivelling wreck.
Anne’s head bowed and her eyes filled with hot tears at the memory of their brief, sweet love, then as Norfolk addressed her, she raised he
r head and looked him full in the face, betraying no emotion. “You have been found guilty as charged and the sentence of this court is that you shall be executed within the precincts of these buildings, either burned or beheaded according to the King’s pleasure”.
She was unaware of the gasps of the onlookers and the jeers of derision aimed at Norfolk. Based on the defence she had made for herself, the verdict should have been acquittal and not a single onlooker doubted that the verdict had been decided before the prisoner even appeared.
Anne’s legs almost buckled beneath her and her senses swam, then somehow she pulled herself together. She had lost; there was no going back now. This was real. Looking around the courtroom she said “My Lords, you have done your work well and your sovereign will no doubt reward you for granting his whim so readily. I will not pronounce your sentence unjust or presume that my defence should alter your convictions for I believe that you have sufficient reasons for what you have done, although they must be other than those which have been produced in court today. I am innocent of all those offences you have laid before me and have always been a faithful wife to the King. Perhaps I have not always shown the humility towards him that I should and of late I confess that I have nurtured jealous feelings and suspicions of him which I did not have the wisdom or discretion to conceal. However as God is my witness, I have not sinned against the King in any other way”. She paused and looked around the courtroom; at her judges and at the avid spectators in the public galleries, before continuing. “I do not say this in a hope that it may prolong my life because I am not afraid to die. I have protected the honour of my chastity for my whole life and am now not about to admit myself false. I know these words will avail me nothing but I believe that all in this court should hear from my lips my justification of my chastity and honour. As for my brother and those others who are unjustly condemned, I would willingly suffer many deaths if they could be saved, but since it so evidently pleases the King, I will happily accompany them in death and am assured that I shall lead an endless life with them in peace and joy. I would have you remember, my Lords, that there is a King in heaven far greater than Henry Tudor, before whom I and the others shall shortly stand. When you too take your leave of this earth, for it will come to you all in various guises, I pray that you will not suffer for placing your earthly King’s wishes above God’s justice”.
As she finished and was led out, a sympathetic ripple of applause sounded from the public galleries which could not be silenced no matter how many times Norfolk irritably pounded on the floor with his staff. In the passageway she passed her brother, on his way to the courtroom. Only a swift glance passed between them, George’s quizzical raised eyebrow clearly expressing his contempt for the charade they were forced to take part in.
As she reached the second floor staircase, Anne automatically turned in the direction of her apartments, only to find her way blocked by Kingston. “I regret Madam that you may no longer reside in the royal apartments ... “Kingston began self-consciously.
Anne understood at once. “Ah yes!” she exclaimed. “I am no longer a Queen, just another condemned prisoner, am I not? So it is to be a dungeon after all?”
“No Madam” the Lieutenant assured her. “Prisoners of rank are confined to the upper rooms of my lodging house on the green”.
Chapter 35 - Condemned
“Your brother is also to die a traitor’s death!” spat Mrs Cousins triumphantly.
Anne feigned indifference; the only sign of her having heard was the raising of her chin a fraction higher than normal. Disappointed that her spiteful words had provided no outburst from the prisoner, Mrs Cousins slunk back to her companions seated comfortably around the hearth.
Alone again, Anne closed her eyes and pressed her fists to her temples. She had guessed of course that George would not, could not be spared. As she had been found guilty of incest it was a foregone conclusion that her brother too would be condemned. However the prior knowledge did not in any way blunt the pain of hearing the actual confirmation.
On the early evening high tide, Archbishop Cranmer rode down the Thames from Westminster to speak with her. Since he was her confessor, she was allowed to be completely alone with him and anything she revealed to him would go no further.
Watching her compassionately as she sat before him, twisting a handkerchief in her hands, Cranmer said softly “His Grace the King offers you an alternative course”.
Her hands ceased their activity and she raised hopeful eyes to his face. “An alternative to death?”
Cranmer sighed. “Regrettably, no. But the King does not wish to send you to your Maker shamed by divorce; he wishes you to admit a pre-contract with Henry Percy”.
Anne laughed mockingly. “Shamed by divorce indeed!” Why should I care? Whichever way, I shall die and my daughter be declared a bastard. Why should I make the way easier for him? Apart from which, my dear Archbishop, if I was never married to the King, how could I have committed adultery?”
“The other charges upon which you were convicted also carry the death penalty” Cranmer reminded her sadly, for in his heart he thought much of her.
“There is nothing more to say” Anne stated firmly. “He can do what he will to me, I am past caring, but it is better for my daughter to be the child of a divorced wife rather than of a woman who never married”.
Cranmer was perplexed by her reasoning. “How so?”
Anne leaned closer to him, her manner confidential. “Because the mere fact of her mother being divorced will not bar Elizabeth from the succession, dear Cranmer. If I were to declare myself unmarried by reason of pre-contract, Elizabeth would have no more right to the throne than my sister Mary’s boy”.
“But the King will surely have more heirs?” Cranmer questioned.
Anne’s eyes sparkled mischievously. “Will he? I think not. That ulcer on his leg was not just caused by his fall, you know. No. It has been present in a minor form these many years. I tell you, it is an outward manifestation of the rot within him. If he gets any more children it will be surprising; if they live to succeed him, it will be a miracle!”
“You speak treason!” Cranmer was shocked, looking about himself as though he expected the King’s spies to emerge from every nook and cranny.
“What if I do?” she hissed. “Henry cannot kill me more than once; besides, you are my confessor and bound by God to tell no man what passes between us”.
Nevertheless, Cranmer was not happy with the subject matter of their conversation, although he respected Anne’s continued efforts to protect the future of her child. He sighed again, his mission today was highly distasteful to him, but he had to carry out his orders.
“Madam, it is not a case of whether you wish to admit a pre-contract or not; His Grace commands that you do so, and in return he guarantees that Elizabeth will remain in the succession, after, of course, any future legitimate child he may have, and the Lady Mary”.
Anne looked at him sharply. “You believe he speaks the truth?”
Cranmer spread his hands and shrugged apologetically. “These are the words he spoke to me before I left and the words he wished me to convey to you”.
Anne sat back in her chair and looked into the empty hearth, considering all she had heard. “I suppose it could be true” she said at last. “Especially in that the Lady Mary is also the child of a mother whose marriage was annulled and was then also divorced for good measure. Elizabeth is no different to her in that respect”.
Cranmer waited expectantly.
Anne had made up her mind. “Very well” she told him. “Let the King have his way; he can call it pre-contract if it eases his conscience, although I cannot speak for Harry Percy”.
“I believe secretary Cromwell is dealing with that part of the matter”. Cranmer looked away as he spoke; he had no time for Cromwell’s methods of extracting information.
Anne intercepted his expression and spoke with urgent concern “He will not seek to harm Percy?”
“No, I do not believe he could. Percy has done nothing wrong; a pre-contract does not attract the death penalty”. His eyes flickered to her face; she was laughing silently, hugging herself.
“I have done nothing wrong either, yet here I sit, a condemned woman”.
Cranmer shuffled his feet uneasily for he did not wish for her to upset herself further by railing against the injustice of her situation; instead, he brought her sharply back to the present by asking “Do you wish to make confession now?”
Anne sobered, remembering the perils she had yet to face. She nodded slowly, then folded her hands in prayer, bowed her head and poured out her heart to her confessor for the last time.
Much later, when she had been completely absolved and Cranmer was the only other person living who knew the absolute truth of her innocence, she asked about her brother and his friends.
“Do you know when they are to die?”
“Tomorrow afternoon” he replied, averting his eyes from her pained face.
“And the manner of their deaths? Surely not the full penalty for gentlemen?”
“Rochford, Norris, Brereton and Weston are to be beheaded. Smeaton, being low-born, will suffer the full penalty, God help him, unless the King intercedes”. He crossed himself reverently as he spoke.
Moth To The Flame Page 26