[Sidenote: Early coolness between her and Henry.]

The strongest general evidence in her favour is that of Cranmer, who must have known her intimately, and who, at the crisis of her life, declared that he "never had better opinion in woman than he had in her."[548] Yet there had been circ.u.mstances in her conduct, as by her own after confessions was amply evident, which justified Sir Thomas More in foretelling a stormy end to her splendour;[549] and her relations with the king, whether the fault rested with him, or rested with her, grew rapidly cool when she was his wife. In 1534, perhaps sooner, both she herself, her brother, and her relations had made themselves odious by their insolence; her over-bearing manners had caused a decline in the king's affection for her; and on one side it was reported that he was likely to return to Catherine,[550] on the other that he had transferred his attention to some other lady, and that the court encouraged his inconstancy to separate him from Anne's influence.[551] D'Inteville confirms the account of a new love affair, particularising nothing, but saying merely that Anne was falling out of favour; and that the person alluded to as taking her place was Jane Seymour, appears from a letter written after Anne's execution, by the Regent Mary to the Emperor of Austria, and from the letter written (supposing it genuine) by Anne herself to the king before her trial.[552]

On the other hand, it is equally clear that whether provoked or not by infidelity on the part of Henry, her own conduct had been singularly questionable. We know very little, but waiving for the present the exposures at her trial, we know, by her own confession, that arrogance and vanity had not been her only faults, and that she had permitted the gentlemen who were the supposed partners of her guilt, to speak to her of their pa.s.sion for herself.[553]

In January, 1535, Henry's mind had been filled with "doubts and strange suspicions" about his wife. There had been a misunderstanding, in which she had implored the intercession of Francis I.[554]

[Sidenote: The probable cause of that coolness.]

[Sidenote: The antecedent probabilities amount to nothing.]

In February, 1536, she miscarried, with a dead boy, which later rumour dwelt on as the cause of Henry's displeasure. But conversations such as those which she described with her supposed paramours, lay bare far deeper wounds of domestic unhappiness; and a.s.sure us, that if we could look behind the scenes, we should see there estrangements, quarrels, jealousies, the thousand dreary incidents that, if we knew them, would break the suddenness with which at present the catastrophe bursts upon us. It is the want of preparation, the blank ignorance in which we are left of the daily life and daily occurrences of the court, which places us at such disadvantage for recovering the truth. We are unable to form any estimate whatever of those antecedent likelihoods which, in the events of our own ordinary lives, guide our judgment so imperceptibly, yet so surely. Henry is said to have been inconstant, but those who most suspected Henry's motives charge Anne at the same time with a long notorious profligacy.[555] We cannot say what is probable or what is improbable; except, indeed, that the guilt or every person is improbable antecedent to evidence; and in the present instance, since, either on the side of the queen or of the king, there was and must have been most terrible guilt, these opposite presumptions neutralize each other.

[Sidenote: April. Secret investigation by a committee of the privy council.]

[Sidenote: April 27. Writs issued for a parliament.]

[Sidenote: Thursday, April 27; arrest of Sir William Brereton; and on Sunday, April 30, of Mark Smeton.]

[Sidenote: May 1. Tournament at Greenwich.]

[Sidenote: The king goes to London.]

To proceed with the story. Towards the middle of April, 1536, certain members of the privy council were engaged secretly in receiving evidence which implicated the queen in adultery. Nothing is known of the quarter from which the information came which led to the inquiry.[556]

Something, however, there was to call for inquiry, or something there was thought to be; and on the 24th of April the case was considered sufficiently complete to make necessary a public trial. On that day an order was issued for a special commission. The members of the tribunal were selected with a care proportioned to the solemnity of the occasion.[557] It was composed of the lord chancellor, the first n.o.blemen of the realm, and of the judges. The investigation had, however, been conducted so far with profound secrecy; and the object for which it was to a.s.semble was unknown even to Cranmer, himself a member of the privy council.[558] With the same mysterious silence on the cause of so unexpected a measure, the writs were issued for a general election, and parliament was required to a.s.semble as soon as possible.[559] On Thursday, the 27th, the first arrest was made. Sir William Brereton,[560] a gentleman of the king's household, was sent suddenly to the Tower; and on the Sunday after, Mark Smeton, of whom we know only that he was a musician high in favour at the court, apparently a spoilt favourite of royal bounty.[561] The day following was the 1st of May. It was the day on which the annual festival was held at Greenwich, and the queen appeared, as usual, with her husband and the court at the tournament. Lord Rochfort, the queen's brother, and Sir Henry Norris, both of them implicated in the fatal charge, were defender and challenger. The tilting had commenced, when the king rose suddenly with signs of disturbance in his manner, left the court, and rode off with a small company to London. Rumour, which delights in dramatic explanations of great occurrences, has discovered that a handkerchief dropped by the queen, and caught by Norris, roused Henry's jealousy; and that his after conduct was the result of a momentary anger. The incidents of the preceding week are a sufficient reply to this romantic story. The mine was already laid, the match was ready for the fire.

[Sidenote: Tuesday, May 2; arrest of the queen. The privy council sit at Greenwich.]

[Sidenote: She declares her innocence.]

[Sidenote: Norris, Weston, and Smeton examined.]

The king did not return: he pa.s.sed the night in London, and Anne remained at Greenwich. On the morning of Tuesday the privy council a.s.sembled in the palace under the presidency of the Duke of Norfolk, and she was summoned to appear before it. The Duke of Norfolk, her uncle, was anxious, as Burnet insinuates, on political grounds that his niece should be made away with. Such accusations are easily brought, especially when unsupported by evidence. She was unpopular from her manner. The London merchants looked on her with no favour as having caused a breach in the alliance with Flanders, and the duke was an imperialist and at heart a friend of Queen Catherine; but he had grown old in the service of the state with an unblemished reputation; and he felt too keenly the disgrace which Anne's conduct had brought upon her family, to have contrived a scheme for her removal at once so awkward and so ignominious.[562] On her examination, she declared herself innocent; the details of what pa.s.sed are unknown; only she told Sir William Kingston that she was cruelly handled at Greenwich with the king's council; "and that the Duke of Norfolk, in answer to her defence, had said, 'Tut, tut, tut,' shaking his head three or four times."[563]

The other prisoners were then examined; not Brereton, it would seem, but Smeton, who must have been brought down from the Tower, and Sir Henry Norris, and Sir Francis Weston, two young courtiers, who had both of them been the trusted friends of the king. Each day the shadow was stretching further. The worst was yet to come.

[Sidenote: May 2. Tuesday. Smeton confesses, and Norris, who afterwards, however, withdraws from what he has said.]

On being first questioned, these three made general admissions, but denied resolutely that any actual offence had been committed. On being pressed further and cross-examined, Smeton confessed to actual adultery.[564] Norris hesitated: being pressed, however, by Sir William Fitzwilliam to speak the truth, he also made a similar acknowledgment, although he afterwards withdrew from what he had said.[565] Weston persisted in declaring himself innocent. The result was unsatisfactory, and it was thought that it would "much touch the king's honour" if the guilt of the accused was not proved more clearly. "Only Mark," Sir Edward Baynton said, would confess "of any actual thing"[566]; although he had no doubt "the other two" were "as fully culpable as ever was he."

They were, however, for the present, recommitted to the Tower; whither also in the afternoon the council conducted the queen, and left her in the custody of Sir William Kingston.

[Sidenote: The queen, in the afternoon, is taken to the Tower.]

[Sidenote: She protests her innocence, and begs to have the sacrament in her closet.]

She was brought up the river; the same river along which she sailed in splendour only three short years before. She landed at the same Tower Stairs; and, as it to complete the bitter misery of the change, she was taken "to her own lodgings in which she lay at her coronation." She had feared that she was to go to a dungeon. When Kingston told her that these rooms had been prepared for her, "It is too good for me," she said, "Jesu have mercy on me;" "and kneeled down, weeping a great s.p.a.ce; and in the same sorrow fell into a great laughing."[567] She then begged that she might have the sacrament in the closet by her chamber, that she might pray for mercy, declaring "that she was free from the company of man as for sin," and was "the king's true wedded wife."

She was aware that the other prisoners were in the Tower, or, at least, that Smeton, Weston, and Norris were there. Whether she knew at that time of the further dreadful accusation which was hanging over her, does not appear; but she asked anxiously for her brother; and, if she had suspected anything, her fears must have been confirmed by Kingston's evasive replies. It is so painful to dwell upon the words and actions of a poor woman in her moments of misery, that Kingston may describe his conversation with her in his own words. Lord Rochfort had returned to London at liberty; he seems to have been arrested the same Tuesday afternoon. "I pray you," she said, "to tell me where my Lord Rochfort is?"--"I told her," Kingston wrote, that "I saw him afore dinner, in the court." "Oh, where is my sweet brother?" she went on. "I said I left him at York-place;" and so I did. "I hear say," said she, "that I should be accused with three men; and I can say no more but nay, without I should open my body,"--and therewith she opened her gown, saying, "Oh, Norris, hast thou accused me? Thou art in the Tower with me, and thou and I shall die together. And, Mark, thou art here too. Oh, my mother, thou wilt die for sorrow." And much she lamented my Lady of Worcester, for because her child did not stir in her body. And my wife said, "What should be the cause?" She said, "For the sorrow she took for me." And then she said, "Mr. Kingston, shall I die without justice?" And I said, "The poorest subject the king hath, had justice;" and therewith she laughed.[568]

[Sidenote: Lady Boleyn and three other ladies sent to attend upon her.]

Lady Boleyn, her aunt, had been sent for, with a Mrs. Cousins, and two other ladies, selected by the king.[569] They were ordered to attend upon the queen, but to observe a strict silence; and to hold no communication with her, except in the presence of Lady Kingston. This regulation, it was found, could not be insisted on. Lady Boleyn and Mrs.

Cousins slept in the queen's room, and conversation could not be prevented. Mrs. Cousins undertook, on her part, to inform Kingston if anything was said which "it was meet that he should know."[570]

[Sidenote: Wednesday, May 3. Reported conversation of the queen with Norris,]

[Sidenote: And with Sir Francis Weston.]

In compliance with this promise, she told him, the next morning, that the queen had been speaking to her about Norris. On the preceding Sunday, she said that Norris had offered to "swear for the queen, that she was a good woman."--"But how," asked Mrs. Cousins, very naturally, "how came any such things to be spoken of at all?"--"Marry," the queen said, "I bade him do so: for I asked him why he went not through with his marriage; and he made answer, that he would tarry a time. Then, I said, You look for dead men's shoes; for if aught came to the king but good, you would look to have me.[571] And he said, if he should have any such thought, he would his head were off. And then she said she could undo him, if she would. And therewith they fell out." "But she said she more feared Weston; for on Whitsun Tuesday last, Weston told her that Norris came more unto her chamber for her than for Mage."[572]

Afterwards, "The queen spake of Weston, that she had spoken to him, because he did love her kinswoman, Mrs. Skelton, and that she said he loved not his wife; and he made answer to her again, that he loved one in her house better than them both. She asked him who is that? to which he answered, that it is yourself. 'And then,' she said, 'she defied him.'"[573]

So pa.s.sed Wednesday at the Tower. Let us feel our very utmost commiseration for this unhappy woman; if she was guilty, it is the more reason that we should pity her; but I am obliged to say, that conversations of this kind, admitted by herself, disent.i.tle her to plead her character in answer to the charges against her. Young men do not speak of love to young and beautiful married women, still less to ladies of so high rank, unless something more than levity has encouraged them; and although to have permitted such language is no proof of guilt, yet it is a proof of the absence of innocence.

[Sidenote: The news reaches Cranmer. He is ordered to Lambeth till he hears further.]

Meanwhile, on the Tuesday morning, a rumour of the queen's arrest was rife in London; and the news for the first time reached the ears of Cranmer. The archbishop was absent from home, but in the course of the day he received an order, through Cromwell, to repair to his palace, and remain there till he heard further. With what thoughts he obeyed this command may be gathered from the letter which, on the following morning, he wrote to Henry. The fortunes of the Reformation had been so closely linked to those of the queen, that he trembled for the consequences to the church of the king's too just indignation. If the barren womb of Catherine had seemed a judgment against the first marriage, the shameful issue of the second might be regarded too probably as a witness against that and against every act which had been connected with it. Full of these forebodings, yet not too wholly occupied with them to forget the unhappy queen, he addressed the king, early on Wednesday, in the following language:--

[Sidenote: He writes to the king. He implores Henry to bear his misfortune like a man,]

[Sidenote: And to accept submissively the trial which G.o.d has sent upon him.]

"Please it your most n.o.ble Grace to be advertised, that at your Grace's commandment, by Mr. Secretary's letter, written in your Grace's name, I came to Lambeth yesterday, and there I do remain to know your Grace's further pleasure. And forasmuch as without your Grace's commandment, I dare not, contrary to the contents of the said letter, presume to come unto your Grace's presence; nevertheless, of my most bounden duty, I can do no less than most humbly to desire your Grace, by your great wisdom, and by the a.s.sistance of G.o.d's help, somewhat to suppress the deep sorrows of your Grace's heart, and to take all adversities of G.o.d's hands both patiently and thankfully. I cannot deny but your Grace hath good cause many ways of lamentable heaviness; and also, that in the wrongful estimation of the world, your Grace's honour of every part is so highly touched (whether the things that commonly be spoken of be true or not), that I remember not that ever Almighty G.o.d sent unto your Grace any like occasion to try your Grace's constancy throughout, whether your Highness can be content to take of G.o.d's hands as well things displeasant as pleasant. And if He find in your most n.o.ble heart such an obedience unto his will, that your Grace, without murmuration and over-much heaviness, do accept all adversities, not less thanking Him than when all things succeed after your Grace's will and pleasure, then I suppose your Grace did never thing more acceptable unto Him since your first governance of this your realm. And moreover, your Grace shall give unto Him occasion to multiply and increase his graces and benefits unto your Highness, as He did unto his most faithful servant Job; unto whom, after his great calamities and heaviness, for his obedient heart and willing acceptation of G.o.d's scourge and rod, addidit Dominus cuncta duplicia. And if it be true that is openly reported of the Queen's Grace, if men had a right estimation of things, they should not esteem any part of your Grace's honour to be touched thereby; but her honour to be clean disparaged. And I am in such perplexity, that my mind is clean amazed; for I never had better opinion in woman than I had in her; which maketh me to think that she should not be culpable. And again, I think your Highness would not have gone so far, except she had been surely culpable.

[Sidenote: Of the queen's guilt, he knows not what to believe.]

[Sidenote: He will pray that she may be found innocent.]

[Sidenote: But if she be guilty, let her be punished with all extremity, for the dishonour which she has brought upon the gospel.]

[Sidenote: He trusts that the king will still continue to favour the gospel, however, as before.]

"Now I think that your Grace best knoweth that, next unto your Grace, I was most bound unto her of all creatures living. Wherefore, I most humbly beseech your Grace to suffer me in that which both G.o.d's law, nature, and also her kindness bindeth me unto: that is, that I may with your Grace's favour wish and pray for her that she may declare herself inculpable and innocent. And if she be found culpable, considering your Grace's goodness to her, and from what condition your Grace of your only mere goodness took her, and set the crown upon her head, I repute him not your Grace's faithful servant and subject, nor true unto the realm, that would not desire the offence without mercy to be punished, to the example of all other. And as I loved her not a little for the love which I judged her to bear towards G.o.d and his gospel; so if she be proved culpable, there is not one that loveth G.o.d and his gospel that will ever favour her, but must hate her above all other; and the more they favour the gospel, the more they will hate her; for there never was creature in our time that so much slandered the gospel. And G.o.d hath sent her this punishment for that she feignedly hath professed his gospel in her mouth, and not in heart and deed. And though she hath offended so that she hath deserved never to be reconciled to your Grace's favour, yet Almighty G.o.d hath manifoldly declared his goodness towards your Grace, and never offended you. But your Grace, I am sure, acknowledgeth that you have offended Him. Wherefore, I trust that your Grace will bear no less entire favour unto the truth of the gospel than you did before; forasmuch as your Grace's favour to the gospel was not led by affection unto her, but by zeal unto the truth. And thus I beseech Almighty G.o.d, whose gospel he hath ordained your Grace to be defender of, ever to preserve your Grace from all evil, and give you at the end the promise of his gospel. From Lambeth, the third of May."

[Sidenote: He is sent for to the Star Chamber.]

[Sidenote: The postscript of his letter.]

The letter was written; it was not, however, sent upon the instant; and in the course of the morning the archbishop was requested to meet the Lord Chancellor, Lord Oxford, Lord Suss.e.x, and the Lord Chamberlain, in the Star Chamber. He went, and on his return to Lambeth he added a few words in a postscript. In the interview from which he had at the moment returned, those n.o.blemen, he said, had declared unto him such things as his Grace's pleasure was they should make him privy unto; for the which he was most bounden unto his Grace. "What communications we had together," he added, "I doubt not but they will make the true report thereof unto your Grace. _I am exceedingly sorry that such faults can be proved by the queen, as I heard of their relation._"[574]

If we may believe, as I suppose we may, that Cranmer was a man of sound understanding, and of not less than ordinary probity, this letter is of the greatest value; it shows the impression which was made upon a sensible person by the first rumours of the discovery; it shows also the archbishop's opinion of the king's character, with the effect upon his own mind of the evidence which the chancellor, at the king's command, had laid before him.

[Sidenote: Friday, May 5. Henry writes to the queen with a promise of pardon if she will confess.]

[Sidenote: She persists in maintaining her innocence,]

[Sidenote: Being satisfied that there was no witness of her guilt.]

We return to the prisoners in the Tower. Mark Smeton, who had confessed his guilt, was ironed.[575] The other gentlemen, not in consideration of their silence, but of their rank, were treated more leniently. To the queen, with an object which may be variously interpreted, Henry wrote the Friday succeeding her arrest, holding out hopes of forgiveness if she would be honest and open with him. Persons who a.s.sume that the whole transaction was the scheme of a wicked husband to dispose of a wife of whom he was weary, will believe that he was practising upon her terror to obtain his freedom by a lighter crime than murder. Those who consider that he possessed the ordinary qualities of humanity, and that he was really convinced of her guilt, may explain his offer as the result of natural feeling. But in whatever motive his conduct originated, it was ineffectual. Anne, either knowing that she was innocent, or trusting that her guilt could not be proved, trusting, as Sir Edmund Baynton thought, to the constancy of Weston and Norris,[576] declined to confess anything. "_If any man accuse me_," she said to Kingston, "_I can but say nay, and they can bring no witness_."[577] Instead of acknowledging any guilt in herself, she perhaps retaliated upon the king in the celebrated letter which has been thought a proof both of her own innocence, and of the conspiracy by which she was destroyed.[578] This letter also, although at once so well known and of so dubious authority, it is fair to give entire.

[Sidenote: Sat.u.r.day, May 6. Her letter to the king.]