He was accused also of having used words implying a doubt whether Anne’s daughter was the King’s, to which he made no answer.
The brother and sister were tried separately and did not see each other. The Concubine was sentenced to be burnt alive or beheaded, at the King’s pleasure. When she heard her fate she received it calmly, saying that she was ready to die, but was sorry that others who were innocent and loyal should suffer on her account. She begged for a short respite, to dispose her conscience. The brother said that, since die he must, he would no longer plead “not guilty,” but would confess that he deserved death, and requested only that his debts might be paid out of his property.415
Two days after the trial of the Queen and Rochford, the five gentlemen suffered on Tower Hill. The Concubine, wrote Chapuys, saw them executed from the windows of the Tower, to enhance her misery. The Lord Rochford declared himself innocent of everything with which he was charged, although he confessed that he had deserved death for having contaminated himself with the new sects of religion, and for having infected many others. For this he said that God had justly punished him. He prayed all the world to keep clear of heresy, and his words would cause the recovery and conversion of innumerable souls.416 This is a good instance of Chapuys’s manner, and is a warning against an easy acceptance of his various stories. It is false that Rochford declared himself innocent of the adultery. It is false that he said that he deserved death for heresy. He said nothing – not a word – about heresy. What he did say is correctly given in Wriothesley’s Chronicle, which confirms the report sent from London to the Regent of the Netherlands.417 The Spanish writer says that his address was “muy bien Catolica,” but it will be seen that he carefully avoided a denial of the crime for which he suffered.
“Masters all, I am come hither not to preach a sermon, but to die, as the law hath found me, and to the law I submit me, desiring you all, and specially my masters of the Court, that you will trust in God specially, and not in the vanities of the world; for if I had so done I think I had been alive as ye be now. Also I desire you to help to the setting forth of the true Word of God; I have been diligent to read it and set it forth truly; but if I had been as diligent to observe it and done and lived thereafter as I was to read it and set it forth, I had not come hereto. Wherefore I beseech you all to be workers and live thereafter, and not to read it and live not thereafter. As for my offences, it cannot avail you to hear them that I die here for; but I beseech God that I may be an example to you all, and that all you may beware by me, and heartily I require you all to pray for me and to forgive me if I have offended you, and I forgive you all, and God save the king.”418
Of the other four, Smeton and Brereton admitted the justice of their sentence, Brereton adding that, if he had to die a thousand deaths, he deserved them all. Norris was almost silent. Weston lamented in general terms the wickedness of his past life. From not one of the five came the indignant repudiation of a false accusation which might have been surely looked for from innocent men, and especially to be looked for when the Queen’s honour was compromised along with theirs.
A Protestant spectator of the execution, a follower of Sir H. Norris, and a friend and schoolfellow of Brereton, said that at first he and all other friends of the Gospel had been unable to believe that the Queen had behaved so abominably. “As he might be saved before God, he could not believe it, till he heard them speak at their death; but in a manner all confessed but Mr. Norris, who said almost nothing at all.”419
Dying men hesitate to leave the world with a lie on their lips. It appears to me, therefore, that these five gentlemen did not deny their guilt, because they knew that they were guilty. The unfortunate Anne was still alive; and while there was life there was hope. A direct confession on their part would have been a confession for her as well as themselves, and they did not make it; but, if they were really innocent, that they should have suffered as they did without an effort to clear themselves or her is one more inexplicable mystery in this extraordinary story.
Something even more strange was to follow.
At her trial Anne had been “unmoved as a stone, and had carried herself as if she was receiving some great honour.” She had been allowed a chair, and had bowed to the Peers as she took her seat. She said little, “but her face spoke more than words, and no one to look on her would have thought her guilty.” “She protested that she had not misconducted herself.” When Norfolk delivered sentence her face did not change. She said merely that she would not dispute the judgment, but appealed to God.420 Smeton had repeated his own confession on the scaffold. She turned pale when she was told of it. “Did he not acquit me of the infamy he has laid on me?” she said. “Alas, I fear his soul will suffer for it!”421
But she had asked for time to prepare her conscience and for spiritual help; she called herself a Lutheran, and on the Tuesday, the day after her trial, Cranmer went to the Tower to hear her confession. She then told the Archbishop something which, if true, invalidated her marriage with the King; if she had not been his wife, her intrigues were not technically treason, and Cranmer perhaps gave her hope that this confession might save her, for she said afterwards to Sir William Kingston that she expected to be spared and would retire into a nunnery.422 The confession, whatever it might be, was produced on the following day by the Archbishop sitting judicially at Lambeth,423 and was there considered by three ecclesiastical lawyers, who gave as their opinion that she had never been the King’s lawful wife, and this opinion was confirmed by the Chancellor, the Duke of Suffolk, the Earl of Oxford, and a committee of bishops. The confession itself belonged to the secrets which Cromwell described as “too abominable to be made known,” and was never published. The judgment of the Archbishop itself was ratified on the 28th of June by the two Houses of Convocation. It was laid before Parliament and was made the basis of a new arrangement of the succession. But the Statute merely says “that God, from whom no secret things could be hid, had caused to be brought to light evident and open knowledge of certain impediments unknown at the making of the previous Act, and since that time confessed by the Lady Anne before the Archbishop of Canterbury, sitting judicially for the same, whereby it appeared that the marriage was never good nor consonant to the laws.”
Conjecture was, of course, busy over so singular a mystery. Some said that the Archbishop had declared Elizabeth to have been Norris’s bastard, and not the daughter of the King. Others revived the story of Henry’s supposed intrigue with Anne’s sister, Mary, and Chapuys added a story which even he did not affect to believe, agreeable as it must have been to him. “Many think,” he said, “that the Concubine had become so audacious in vice, because most of the new bishops had persuaded her that she need not go to confession; and that, according to the new sect, it was lawful to seek aid elsewhere, even from her own relations, when her husband was not able to satisfy her.”424 The Wriothesley Chronicle says positively that, on the 17th of May, in the afternoon, at a solemn court kept at Lambeth by the Archbishop of Canterbury and the doctors of the law, the King was divorced from his wife, Queen Anne; and there at the same court was a privy contract approved that she had made to the Earl of Northumberland, afore the King’s time, and so she was discharged, and was never lawful Queen of England.425
There are difficulties in accepting either of these conjectures. Chapuys, like Dr. Lingard after him, decided naturally for the hypothesis most disgraceful to the King. The Mary Boleyn story, authoritatively confirmed, at once covered Henry’s divorce process with shame, and established the superior claim of Mary to the succession.426 But in the Act of Parliament the cause is described as something unknown in 1533, when the first Statute was passed: and the alleged intrigue had then been the common subject of talk in Catholic circles and among the Opposition members of Parliament. The Act says that the cause was a fact confessed by the Lady Anne. The Lady Anne might confess her own sins, but her confession of the sins of others was not a confession at all, and could have carried no validity unless supported by other evidence. Chapuys’s assertion requires us to suppose that Henry, being informed of Anne’s allegation, consented to the establishment of his own disgrace by making it the subject of a legal investigation; that he thus himself allowed a crime to be substantiated against him which covered him with infamy, and which no other attempt was ever made to prove. How did Chapuys know that this was the cause of the divorce of Anne? If it was communicated to Parliament, it must have become the common property of the realm, and have been no longer open to question. If it was not communicated, but was accepted by Parliament, itself on the authority of the Council, who were Chapuys’s informants, and how did they know? Under Chapuys’s hypothesis the conduct of King, Council, Parliament, and Convocation becomes gratuitous folly – folly to which there was no temptation and for which there was no necessity. The King had only to deny the truth of the story, and nothing further would have been made of it. The real evidence for the liaison with Mary Boleyn is the ineradicable conviction of a certain class of minds that the most probable interpretation of every act of Henry is that which most combines stupidity and wickedness. To argue such a matter is useless. Those who believe without reason cannot be convinced by reason.
The Northumberland explanation is less improbable, but to this also there are many objections. Northumberland himself had denied on oath, a few days before, that any contract had ever passed between Anne and himself. If he was found to have perjured himself, he would have been punished, or, at least, disgraced; yet, a few months later, in the Pilgrimage of Grace, he had the King’s confidence, and deserved it by signal loyalty. The Norris story is the least unlikely. The first act of criminality with Anne mentioned in the indictment was stated to have been committed with Norris four weeks after the birth of Elizabeth, and the intimacy may have been earlier; while the mystery observed about it may be better accounted for, since, if it had been avowed, Elizabeth’s recognition as the King’s daughter would have made ever after impossible, and the King did believe that she was really his own daughter.
But here, again, there is no evidence. The explanation likeliest of all is that it was something different from each of these – one of the confessions which had been kept back as “too abominable.” It is idle to speculate on the antecedents of such a woman as Anne Boleyn.
If she had expected that her confession would save her, she was mistaken. To marry a king after a previous unacknowledged intrigue was in those days constructive treason, since it tainted the blood royal.427 The tragedy was wound up on Friday, the 19th of May; the scene was the green in front of the Tower. Foreigners were not admitted, but the London citizens had collected in great numbers, and the scaffold had been built high that everyone might see. The Chancellor, the Duke of Suffolk, the young Duke of Richmond – then himself sick to death – Cromwell, and other members of the Council, were present by the King’s order. Throughout the previous day Anne had persisted in declaring her innocence. In the evening she had been hysterical, had talked and made jokes. The people would call her “Queen Anne sans tête,” she said, and “laughed heartily.” In the morning at nine o’clock she was led out by Sir William Kingston, followed by four of her ladies. She looked often over her shoulder, and on the fatal platform was much “amazed and exhausted.”
When the time came for her to speak, she raised her eyes to heaven and said, “Masters, I submit me to the law, as the law has judged me, and as for my offences, I accuse no man. God knoweth them. I remit them to God, beseeching him to have mercy on my soul. I beseech Jesu save my sovereign and master, the King, the most godly, noble, and gentle Prince there is.”428 She then laid her head on the block and so ended; she, too, dying without at the last denying the crime for which she suffered. Of the six who were executed not one made a protestation of innocence. If innocent they were, no similar instance can be found in the history of mankind.
CHAPTER XXIII
Competition for Henry’s hand – Solicitations from France and from the Emperor – Overtures from the Pope – Jane Seymour – General eagerness for the King’s marriage – Conduct of Henry in the interval before Anne’s execution – Marriage with Jane Seymour – Universal satisfaction – The Princess Mary – Proposal for a General Council – Neutrality of England in the war between France and the Empire.
Human nature is said to be the same in all ages and countries. Manners, if it be so, signally vary. Among us, when a wife dies, some decent interval is allowed before her successor is spoken of. The execution for adultery of a Queen about whom all Europe had been so long and so keenly agitated might have been expected to be followed by a pause. No pause, however, ensued after the fall of Anne Boleyn. If Henry had been the most interesting and popular of contemporary princes, there could not have been greater anxiety to secure his vacant hand. Had he been the most pious of Churchmen, the Pope could not have made greater haste to approach him with offers of friendship. There was no waiting even for the result of the trial. No sooner was it known that Anne had been committed to the Tower for adultery than the result was anticipated as a certainty. It was assumed as a matter of course that the King would instantly look for another wife, and Francis and the Emperor lost not a moment in trying each to be beforehand with the other. M. d’Inteville had come over to intercede for Sir Francis Weston, but he brought a commission to treat for a marriage between Henry and a French princess. To this overture the King replied at once that it could not be, and, according to Chapuys, added ungraciously, and perhaps with disgust, that he had experienced already the effects of French education.429 The words, perhaps, were used to Cromwell, and not to the French Ambassador; but Chapuys was hardly less surprised when Cromwell, in reporting them, coolly added that the King could not marry out of the realm, because, if a French princess misconducted herself, they could not punish her as they had punished the last.430 The Ambassador did not understand irony, and was naturally startled, for he had received instructions to make a similar application on behalf of his own master. Charles was eager to secure the prize, and, anticipating Anne’s fate, he despatched a courier to Chapuys on hearing of her arrest, with orders to seize the opportunity. “If Hannaert’s news be true,” he wrote on the 15th of May, the day of the trial at Westminster, “the King, now that God has permitted this woman’s damnable life to be discovered, may be more inclined to treat with us, and there may be a better foundation for an arrangement in favour of the Princess. But you must use all your skill to prevent a marriage with France. The King should rather choose one of his own subjects, either the lady for whom he has already shown a preference or some other.”
So far Charles had written when Chapuys’s messenger arrived with later news. “George has just come,” the Emperor then continued, “and I have heard from him what has passed about the Concubine. It is supposed that she and the partners of her guilt will be executed, and that the King, being of amorous complexion and anxious, as he has always pretended, for a male heir, will now marry immediately. Overtures will certainly be made to him from France. You will endeavour, either as of yourself or through Cromwell, to arrange a match for him with the Infanta of Portugal, my niece, who has a settlement by will of 400,000 ducats. Simultaneously you will propose another marriage between the Princess Mary and the Infant of Portugal, Don Louis, my brother-in-law. You will point out that these alliances will remove past unpleasantness, and will unite myself, the King, and our respective countries. You will show the advantage that will accrue to the realm of England should a Prince be the result, and we may reasonably hope that it will be so, the Infanta being young and well nurtured. If you find the King disinclined to this marriage, you may propose my niece, the Duchess Dowager of Milan, a beautiful young lady with a good dowry.”431
On the same 15th of May Granvelle, no less eager, wrote to Chapuys also. “M. l’Ambassadeur, my good brother and friend, I have received your letters and have heard what your messenger had to tell me. You have done well to keep us informed about the Concubine. It is indeed fine music and food for laughter.432 God is revealing the iniquity of those from whom so much mischief has risen. We must make our profit of it, and manage matters as the Emperor directs. Use all your diligence and dexterity. Immense advantage will follow, public and private. You will yourself not fail of your reward for your true and faithful services.”433
So anxious was Charles for fresh matrimonial arrangements with Henry, that he wrote again to the same purpose three days later – a strange wish if he believed Catherine to have been murdered, or her successor to be on the eve of execution because the King was tired of her. To Charles and Granvelle, as to Chapuys himself, the unfortunate Anne was the English Messalina. The Emperor and all the contemporary world saw in her nothing but a wicked woman at last detected and brought to justice.434
What came of these advances will be presently seen; but, before proceeding, a glance must be given at the receipt of the intelligence of Anne’s fall at the Holy See. This also was chose de rire. Chapuys had sent to Rome in the past winter a story that Henry had said Anne Boleyn had bewitched him. The Pope had taken it literally, and had supposed that when the witch was removed the enchantment would end. He sent for Sir Gregory Casalis on the 17th of May, and informed him of what he had heard from England. He said that he had always recognised the many and great qualities of the King; and those qualities he did not doubt would now show themselves, as he had been relieved from his unfortunate marriage. Let the King reattach himself to Holy Church and take the Pope for an ally; they could then give the law both to the Emperor and to the King of France, and the entire glory of restoring peace to Christendom would attach to Henry himself. The King, he said, had no cause to regard him as an enemy; for he had always endeavored to be his friend. In the matrimonial cause he had remonstrated in private with his predecessor. At Bologna he had argued for four hours with the Emperor, trying to persuade him that the King ought not to be interfered with.435 Never had he desired to offend the King, although so many violent acts had been done in England against the Holy See. He had made the Bishop of Rochester a cardinal solely with a view to the General Council, and because the Bishop had written a learned book against Luther. On the Bishop’s execution, he had been compelled to say and do certain things, but he had never intended to give effect to them.
If the Pope had thought the King to have been right in his divorce suit, it was not easy to understand why he had excommunicated him and tried to deprive him of his crown because he had disobeyed a judgment thus confessed to have been unjust. Casalis asked him if he was to communicate what he had said to the King. The Pope, after reflecting a little, said that Casalis might communicate it as of himself; that he might tell the King that the Pope was well-disposed towards him, and that he might expect every favour from the Pope. Casalis wrote in consequence that on the least hint that the King desired a reconciliation, a Nuncio would be sent to England to do everything that could be found possible; after the many injuries which he had received, opinion at Rome would not permit the Pope to make advances until he was assured that they would be well received; but some one would be sent in Casalis’s name bringing credentials from his Holiness.
Never since the world began was a dastardly assassination, if Anne Boleyn was an innocent woman, rewarded with so universal a solicitation for the friendship of the assassin. In England the effect was the same. Except by the Lutherans, Anne had been universally hated, and the king was regarded with the respectful compassion due to a man who had been cruelly injured. The late marriage had been tolerated out of hope for the birth of the Prince who was so passionately longed for. Even before the discovery of Anne’s conduct, a considerable party, with the Princess Mary among them, had desired to see the King separated from her and married to some other respectable woman. Jane Seymour had been talked about as a steady friend of Catherine, and, when Catherine was gone, of the Princess. The King had paid her attentions which, if Chapuys’s stories were literally true – as probably they were not – had been of a marked kind. In all respects she was the opposite of Anne. She had plain features, pale complexion, a low figure – in short, had no personal beauty, or any pretensions to it, with nothing in her appearance to recommend her, except her youth. She was about twenty-five years of age. She was not witty either, or brilliant; but she was modest, quiet, with a strong understanding and rectitude of principle, and, so far as her age and her opportunities allowed, she had taken Mary’s part at the court. Perhaps this had recommended her to Henry. Whether he had himself ever seriously thought of dismissing Anne and inviting Jane Seymour to take her place is very dubious; nor has anyone a right to suppose that under such conditions Jane Seymour would have regarded such a proposal as anything but an insult. How soon after the detection of Anne’s crime the intention was formed is equally uncertain.436 Every person at home and abroad regarded it as obvious that he must marry some one, and marry at once. He himself professed to be unwilling, “unless he was constrained by his subjects.”
In Chapuys’s letters, truth and lies are so intermixed that all his personal stories must be received with distrust. Invariably, however, he believed and reported the most scandalous rumours which he could hear. Everybody, he said, rejoiced at the execution of the putaine; but there were some who spoke variously of the King. He had heard, from good authority, that in a conversation which passed between Mistress Seymour and the King before the arrest of the Concubine, the lady urged him to restore the Princess to the court. The King told her she was a fool; she ought to be thinking more of the children which they might expect of their own, than of the elevation of the other. The lady replied that in soliciting for the Princess, she was consulting for the good of the King, of herself, of her children should she have any, and of all the realm, as, without it, the English nation would never be satisfied. Such a conversation is not in itself likely to have been carried on before Anne’s arrest, and certainly not where it could be overheard by others; especially as Chapuys admitted that the King said publicly he would not marry anyone unless the Parliament invited him. One would like to know what the trustworthy authority might have been. Unfortunately for the veracity of his informant, he went on with an account of the King’s personal behaviour, the accuracy of which can be tested.
“People,” he said, “had found it strange that the King, after having received such ignominy, should have gone about at such a time banqueting with ladies, sometimes remaining after midnight, and returning by the river, accompanied by music and the singers of his chamber. He supped lately,” the Ambassador continued, “with several ladies at the house of the Bishop of Carlisle, and showed extravagant joy.” The Bishop came the next morning to tell Chapuys of the visit, and added a story of the King having said that he had written a tragedy on Anne’s conduct which he offered the Bishop to read.437 Of John Kite, the Bishop of Carlisle, little is known, save that Sir William Kingston said he used to play “penny gleek” with him. But it happens that a letter exists, written on the same day as Chapuys’s, which describes Henry’s conduct at precisely the same period.
John Husee, the friend and agent of Lord Lisle, was in London on some errand from his employer. His business required him to speak to the King, and he said that he had been unable to obtain admittance, the King having remained in strict seclusion from the day of Anne’s arrest to her execution. “His Grace,” Husee wrote, “came not abroad this fortnight, except it was in the garden or in his boat, when it may become no man to interrupt him. Now that this matter is past I hope to see him.”438
Chapuys was very clever; he may be believed, with limitations, when writing on business or describing conversations of his own with particular persons; but so malicious was he, and so careless in his matters of fact or probability, that he cannot be believed at all when reporting scandalous anecdotes which reached him from his “trustworthy authorities.”
It is, however, true that, before the fortnight had expired, the King had resolved to do what the Council recommended – marry Jane Seymour, and marry her promptly, to close further solicitation from foreign Powers. There is no sign that she had herself sought so questionable an elevation. A powerful party in the State wished her to accept a position which could have few attractions, and she seems to have acquiesced without difficulty. Francis and Charles were offering their respective Princesses; the readiest way to answer them without offence was to place the so much coveted hand out of the reach of either. On the 20th of May, the morning after Anne was beheaded, Jane Seymour was brought secretly by water to the palace at Westminster, and was then and there formally betrothed to the King. The marriage followed a few days later. On Ascension Day, the 25th of May, the King, in rejecting the offered match from Francis, said that he was not then actually married. On the 29th or 30th, Jane was formally introduced as Queen.
Chapuys was disappointed in his expectation of popular displeasure. Not a murmur was heard to break the expression of universal satisfaction. The new Queen was a general favourite; everyone knew that she was a friend of the Princess Mary, and everyone desired to see Mary replaced in her rights. Fortunately for the Princess, the attempt at escape had never been carried out. She had remained quietly watching the overthrow of her enemy, and trusting the care of her fortunes to Cromwell, who, she knew, had always been her advocate. She had avoided writing to him to intercede for her, because, as she said, “I perceived that nobody dared speak for me as long as that woman lived who is now gone, whom God in his mercy forgive!”439 The time had now come for her to be received back into favour. Submission of some kind it would be necessary for her to make; and the form in which it was to be done was the difficulty. The King could not replace in the line of the succession a daughter who was openly defying the law. Cromwell drew for Mary a sketch of a letter which he thought would be sufficient. It was to acknowledge that she had offended her father, to beg his blessing and his forgiveness, and to promise obedience for the future, to congratulate him on his marriage, and to ask permission to wait on the new Queen. He showed the draft to Chapuys, for the Princess to transcribe and send. Chapuys objected that the surrender was too absolute. Cromwell said that he might alter it if he pleased, and a saving clause was introduced, not too conspicuous. She was to promise to submit in all things “under God.” In this form, apparently, the letter was despatched, and was said to have given great satisfaction both to Henry and the new Queen. Now it was thought that Mary would be restored to her rank as Princess. She would be excluded from the succession only if a son or daughter should be born of the new marriage; but this did not alarm Chapuys, for “according to the opinion of many,” he said, “there was no fear of any issue of either sex.”
On Ascension Day, the Ambassador had been admitted to an audience, the first since the unprosperous discussion at Greenwich. The subject of the treaty with the Emperor had been renewed under more promising auspices. The King had been gracious. Chapuys had told him that the Emperor desired to explain and justify the actions of which the King had complained; but before entering on a topic which might renew unpleasant feelings, he said that the Emperor had instructed him to consult the King’s wishes; and he undertook to conform to them. The King listened with evident satisfaction; and a long talk followed, in the course of which the Ambassador introduced the various proposals which the Emperor had made for fresh matrimonial connections. The King said that Chapuys was a bringer of good news; his own desire was to see a union of all Christian princes; if the Emperor was in earnest, he hoped that he would furnish the Ambassador with the necessary powers to negotiate, or would send a plenipotentiary for that particular purpose.