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599) STATE TRIALS, 26 HENRY VIII. 1535-Trial of Fisher, Bishop [400 chester, to hold up his hand, which he did, fiance had me more than any other.
with a most cheerful countenance and rare He added further, that
constancy. Then was his, Indictment read, and freely advertise
which was very long and full of words; but the that upon certificate
effect of it was thus, That he maliciously, very like retract much his former doings, treacherously, and falsely, had said these words, and make satisfaction for the same, case “The king, our sovereigne lord, is not Supreme should so advertise him. When had heard all Head in the earth of the Church of England, and this message, and considered
being read to the end, it was asked him, whe words, put him minde
ther he was guilty of this treason or no? parliament, which standing
Whereunto he pleaded, Not Guilty. Then was against them that shall directly say,
a Jury of twelve men (being free-holders of any thing that against might thereby en Middlesex) called to try this issue, whose names danger me very much, case should utter
were these : sir Hugh Vaughan knt. Walter unto him any thing that were offensive against Langford knt. Tho. Burbage, John Nudygate, the law. To that told me, that the king Wm. Browne, John Hewes, Jasper ak, willed him assure me his honour, and John Palmer, Rd. Henry Young, Henry Lodis the word king, that whatever should say man, John Elrington, and George Hevening unto him this his secret messenger, should ham, esquires. These twelve men being sworne abide danger, perill for neither that
trie whether the prisoner were guilty this any advantage should taken against me for treason no, last came forth give evi the same, no, although my words were never dence against him Mr. Rich, the secret and directly against the statute, seeing was but close messenger that passed between the king declaration my minde secretly him,
and him, have read before, who openly, the presence the judges, and the people
there assembled, deposed and swore, that heard the prisoner say plaine words, within the Tower London, that believed his conscience, and his learning assuredly knew, that the king neither was, nor right, could Supreme Head earth the church
England. When this blessed father heard the accusations of this most wretched and false
his owne person and for the messenger him selfe, gave me his faithfull promise that would never utter my words this matter
any man living, but the king alone. Now therefore, my lords, quoth he, seeing pleased the king's majesty send me thus secretly under the pretence plaine and true meaning,
know my poore advice and opinion these his weighty and great affaires, which most
gladly was and ever will willing send him methinks very hard injustice heare the messenger's accusation, and allow the
same sufficient testimony against me case of treason. ”
To this the messenger made direct answer, but (neither denying his words false, nor confessing them true) said, that whatever had said unto him the king's behalf, said
more than his majesty commanded and, said he, had said you such sort you have declared, would gladly know what dis charge this you law against majesty,
would herein frankly majesty my knowledge,
my misliking, was
little upon the new act
force doth
person, contrary mise, was not wherefore he said
his former oath and pro little astonished thereat; him this manner: “Mr.
Rich, cannot but mervaile hear you come
in, and bear witness against me these words,
knowing what secret manner you came me: but suppose said unto you, yet that saying committed treason; for upon what occasion, and for what cause might be
said, your self doth know right well; and there fore being now urged he) this occasion,
open soulewhat this matter, shall desire
my lords, and others here, take little pati for directly speaking against the statute;
elice hearing what shall say for myself. ” whereat some the Judges taking quick hold “This man' (meaning Mr. Rich) come one after another, said, That this message,
me from the king, said, secret mes promise from the king him, neither cou’d,
sage with commendations from grace, de nor did rigour the law, discharge him
claring large, what good opinion his ma but declaring his minde and conscience jesty had me, and how sorry was my against the supremacy, yea though were trouble, with many more words than are here the king's own commandment request,
needful recited, because they tended much my praise, was not onely ashamed
hear them, but also knew right well that could way deserve them. At last broke with me the matter the king's supremacy, lately granted unto him act parliament,
the which said, Although the bishops
the realme have consented, except your selfe
committed treason the statute, and nothing
can discharge him from death but the king's pardon.
This good father perceiving the small account made his words, and the favourable credit given his accuser, might then easily finde which doore the wind blew. Wherefore direct ing his speeches the lords his judges, said,
alone, and also the whole court parliament, ‘Yet pray you, lords, consider, that both spirituall and temporall, except very equity, justice, worldly honesty, and courte few; yet told me, that the king, for better ous dealing, cannot, the case standeth, be satisfaction his owne conscience, had sent directly charged there with with treason, him unto me this secret manner, know though had spoken the words indeed, the my full opinion the matter, for the great af same being not spoken maliciously, but the
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401] STATE TRIALS, 27 IIENky VIII. 1535–of Rochester, for High Treason. [402
way of advice and counsell, when it was re and profoundly uttered, and that with mer quested of me by the king himself; and that valous, couragious, and rare constancy, inso
favour the very words of the statute do give much many his hearers, yea some his ine, being made onely against such as shall Judges, lamented grievously, that their in maliciously gainsay the king's supremacy, and ward sorrow all sides was expressed the none other: wherefore, although by rigour of outward teares their eyes, perceive such law, you may take occasion this to condemn famous and reverend man danger con ne, yet I hope you cannot finde law, except denned cruell death, upon weak evi you adde rigour to that law, to cast me downe, dence given such accuser, contrary which herein I hope I have not deserved. ' To faith and promise the king himself. But which it was answered by some of the judges, pity, mercy, and right, being set aside, that the word maliciously is but a superfluous rigour, cruelty, and malice, took place; for the and void word; for if a man speak against the twelve men being shortly returned from their
king's supremacy by any manner of meanes, that consultation, Verdict was given that was speaking is to be understood, and taken in law Guilty the Treason, which although they
as maliciously. -
“My lords,” said he, “if the law be so under stood, then it is a hard exposition, and, as I
thus did, upon the menacing and threatning words the commissioners, the king's learned councell, yet was doubt, full sore against
take contrary the meaning them that their conscience, some them would after made the law. But then let me demand this report, their dying daies, onely for safety question, whether single testimony one their goods and lives, which they were well man may admitted sufficient prove me assured lose, case they had acquitted him. guilty Treason for speaking these words, After the Verdict thus given the twelve no and whether my answer, negatively, may men, the lord chancellour, commanding silence not accepted against his affirmative, my kept, said unto the prisoner this sort, availe and benefit, To that the judges ‘My lord Rochester, you have been here and lawyers answered (that being the king's arraigned High Treason, and putting your
case) rested much the conscience and dis selfe the trial twelve men, you have cretion the jury; and they upon the evi pleaded Not Guilty, and they notwithstanding dence given before them shall finde you are have found you Guilty their conscience;
either acquitted, else judgment condemned. The Jury having heard this simple evidence, departed, according the order, into secret place, there agree upon
wherefore, you have any more say for your selfe, you are now heard, else re ceive judgment according the order and course of law. ” Then said this blessed father againe, “Truly, my lord, that which have before spoken not sufficient, have more say, but onely desire Almighty God
the Verdict; but before they went from the
place, the case was aggravated them
my lord chancellour, making hainous and
dangerous treason, that they easily perceived
what verdict they must returne; otherways
heap such danger upon their owne heads,
none then were willing undergo. Some
other of the commissioners charged this most tence death upon him, manner and forme reverend man with obstinacy and singularity, following: ‘You shall led the place from alledging, that being but one man, did pre whence you came, and from thence shall
sumptuously stand against that, which was drawn through the city the place execu the great councell parliament agreed upon, tion Tyborde, where your body shall
and finally was consented unto the hanged the neck, half alive you shall cut bishops this realme, saving himselfe alone.
But that might well
answered, “That indeed accounted singular, alone this matter (as they said); but
down and throwne the ground, your bowels taken out your body before you, being alive, your head smitten off, and your body divided into four quarters, and after
your head and quarters set up, where the king shall appoint; and God have mercy upon
should stand
having his part the rest the bishops
Christendome, far surmounting the number
the bishops Pngland, said they could not your soule. ’
justly account him singular. And having After the pronouncing this cruell Sen his part the Catholicks and bishops the tence, the lieutenant of the Tower, with his
world from Christ's ascension, till now, joyned band men, stood ready with the whole consent of Christ's universall him back again prison.
church, must needs account mine own part parture farre the surer: and for obstimacy, which |sioners for
likewise objected against me, have way said thus
cleare myself thereof, but my owne solemne demned before you High reason, for denial
word and promise the contrary, you please the king's Supremacy over the Church believe else, that will not serve, am England, but what order justice leave
here ready confirme the same
my oath. ' objections,
wisely
God, who the searcher both the king's
Thus, effect,
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being found
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forgive them that have thus condemned me, for think they know not what they have done. ”
Then my lord chancellour, framing himselfe solemnity countenance, proclaimed Sen
desired audience
few words, which being granted,
receive and carry Before de the commis
effect: “My lords, am here con
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403] STATE TRIALS, 27 Hosny VIII. 1535–Trial of Fisher, Bishop [404
must be contented with that God shall send, againe, that report thou seest me yet whose will wholly referre and submit my alive, and therefore whatsoever newes thou
selfe. And now tell you more plainly my minde, touching this matter the king's Su-
shalt heare me hereafter, me more lack my dinner, but make ready thou art wont do; and thou see me dead when thou comest, then eat thy selfe: but promise thee, alive, minde, God's grace,
prelilacy, think indeed, and alwaies have
thought, and now lastly affirm that his grace
cannot justly claime any such supremacy over
the church God, now taketh upon him,
neither hath ever been seen heard of, that
any temporall prince before his daies, hath pre pecting the houre his death, the king, who sumed that dignity. Wherefore the king no lesse desired his death than himselfe looked
proceeding for caused last writ execution be this strange and unwonted case, doubt but made, and brought Edmond Walsingham shall deeply incurre the grievous displeasure lieutenant the Tower. But where his
will now adventure himselfe
§.
judgement Westminster, was condemned, have read before, drawing, hanging,
and quartering, traitors alwaies use be,
yet was spared from that cruell execu his hand: wherefore pray God his grace tion. Wherefore order was taken that he
may remember himselfe time, and hearken should led further than Tower-hill, and good counsell, for the preservation him there to have his head struck"off-After the
selfe and his realme, and the quietnesse lieutenant had received this bloody writ, he Christendome. " Which words being ended, called unto him certaine persons, whose ser
was conveyed back againe the Tower Lon vice and presence were used that bu don, part foot, and part horseback, with sinesse, commanding them ready against
number men, bearing holberts and other the next day the morning; and because that
Almighty
owne soule, and many others, and
ruine this realume, committed
the
great dammage
whereof will ensue some sharp punishment
his the utter his charge,
eat never bit the lesse.
Thus while this blessed bishop lay daily ex
weapons about him, was before his com ing arraignment: and when was come
was very late the night, and the prisoner asleep, was loath disease him his rest for that time and the morning before
the Tower-gate, turned him back his
traine that had thus conducted him forward five the clock, came him his cham
and backward, and said unto them, ‘My mas ber the Bell-tower, finding him yet asleep ters, thank you for the great labour and his bed, and waked him, shewing him that
paines you have taken with me this day: am not able give you any thing recompence,
for have nothing lest; and therefore pray
was come him message from the king;
and after some circumstance used with per swasion that he should remember himself to be
old man, and that for age could not, by course nature, live long told him last, countenance, and with fresh and that was come signifie unto him, that the
you accept
And this
amiable
lively colour, seemed rather have king's pleasure was should suffer death that come from some great feast, banquet, than forenoone. Well, quoth this blessed father, from arraignment, shewing his ges this your errand, you bring me great ture and outward countenance, nothing else
he
before, appeared
which well
And death,
good part my hearty thanks. ” spake with lusty courage,
but joy and gladnesse. - Thus being after his condemnation, the space three four daies, his prison, occupied
newes, for have long time looked for this mes sage, most humbly thank his majesty, that
himselfe continual prayer most fervently;
you your also for
tidings. But pray you, Mr. Lieutenant, said and although looked daily for death, yet he, when mine houre that must hence
could not have perceived him one whit Your houre, said the lieutenant, must be nine
dismayed thereat, neither word nor counte nance, but still continued his former trade constancy and patience, and that rather with
cheere and free minde than ever
the clock. And what houre now, said now about five, said the lieutenant.
more
houre night:
for yet
truth,
id
sleep
little this
not for any feare
two,
have
you
thank God, but
joyfull
Well then, said he, let me
your patience,
slept very
little
! .
usinesse and thank
tell
rise sodainely among the peo reason great infirmity and weaknesse.
done this chance that
false rumour that
dinner was wont doe: Sir, said the neither the king, nor any man else, shall have cook, was commonly talked the towne occasion mislike my words. With which
over, that you should have died that day, and answer the lieutenant departed from him; and therefore thought but vaine dresse any the prisoner falling againe rest, slept
thing for you. Well, said merrily unto him soundly two houres and more. And after
will tell you there hapned
should brought his execution The king's further pleasure
day; whereupon cook, nant, you . . "speech
certain
went dress his dinner, and carry daily unto may be, especially any thing
him, hearing, among others, his execution, jesty, whereby the people should have dressed him dinner that day; where cause think him proceedings other fore the cook's next repaire unto him, de wise than well. For that, said he, you shall manded the cause why brought him not his see me older myself, as, God's grace,
his that was that should use
his ma any
him rid me from this worldly
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405] STATE TRIALS, 27 HENRY VIII. 1535. -qf Rochester, for High Treason. [400
was waked, he called to his man to help him ram, opus consummavi quod dedistinthi fu. up : but first ofall he commanded him to take ciam nunc clarifica me, Pater, apud away the shirt of haire (which accustomably temet ipsum claritate quam hubut priusquam, he wore on his back) and to convey it privily &c. and with that shut the book together, out of the house, and instead thereof to lay and said, “Here even learning enough for him forth a clean white shirt, and the best me my live's end. ' And the sheritis being aparrell had, cleanly brushed may be: ready for him, was taken again among and was arraying himselfe, his man per certain the sheriffs men, with new and ceiving him more curiosity and care for the much greater company weapons than was fine and cleanly wearing his aparrell that before, and carried the scatiold the day, than ever was wont before, demand Tower-hill, otherwise called East-Smithfield,
him what this sodain change meant, say himselfe praying the way, and recording
ing that his lordship knew well enough must upon the words which before had read; and off againe within two houres, and lose when he was come the foot the scaffold,
What that, said Doest thou not they that carried him offered help him mark, that this our marriage-day, and that the staires. But then said he, Nay, masters, behoveth us therefore use more cleanli seeing am come farre, me alone, and
nesse for solemnity the marriage-sake shall see me shift for myself well enough;
About nine of the clock the lieutenant came and went
the staires without any helpe, was merveile them that debility and weaknesse; but
againe his prisoner, and finding him almost
ready, said that was come now for him. will wait upon you straight, said he, fast
lively, that knew before
was mounting the staires, the south this thin body mine will give me leave. east sun shining very bright face, where
Then said his unan, Reach me my furred tippet put about my neck. my lord,
said the lieutenant, what need you care full for your health for this little time, being, your self knoweth, not much above houre?
upon said himselfe these words, listing his hands, Accedite eun, illuminamino,
think but yet
otherwise, said this blessed father, the mean time will keep myselfe
clock; where the executioner being ready
his office, kneeled downe him, the fashion and asked him forgivenesse for
can, till the very time my execu
well
tion for tell you truth, though have, thank our Lord, very good desire, and will ing minde, die this present, and trust
give thee, said with my heart, and trust thou shalt see me overcome this storine
Iustily. ” Then was his gown and tippet taken from him, and stood his doublet and hose, sight the people, whereof was small
his infinite mercy and goodnesse will
continue yet will not willingly hinder my number assembled see his execution. There
health, the mean time, one minute houre, but still prolong the same long
was seen long, lean, and slender body, having little other substance besides skin and bones, insomuch most the beholders merveiled see living man farre con sumed,
can, by . .
such reasonable waies and meanes
Almighty God hath provided for me. With that
taking little his
hand,
very image death, and were death man's shape, using
which was New Testament lying him, made crosse
for seeined
on his forehead, and went out his prison man's voice; and therefore was thought the
doore with the lieutenant, being weak that was scarce able downe staires: where
fore the staires foot was taken
chaire between two the lieutenants men,
and carried the Tower-gate, with great
number weapons about him, delivered to the sheriffs of London for execution. And
they were come the uttermost precinct the liberty the Tower, they rested there with
king was something cruell put such man death, being neere his end, and kill that which was dying already, except were
for pity sake rid him his pain.
When the innocent and holy man was some
upon the scaffold, spake the people effect followeth ‘Christian people, am come hither die for the faith Christ's holy Catholique church; and thank God hitherto
him space, such time one was sent my stomack hath served me very well there before know what readinesse the sheriffs unto, that yet have not feared death
were receive him;’ during which space rose out his chaire, and standing his feet leaned his shoulders the wall, and lifting his
eyes towards heaven, opened his little book his hand, and said, “O Lord, this the last
wherefore desire you help and assist with your prayers, that the very point and instant death's stroke, may that very moment stand stedfast, without fainting any one point the Catholique faith, free from any fear. And beseech Almighty God his in
time that ever shall open this book; some
comfortable place now chance unto me, where finite goodnesse, save the king and this
thy poore servant may glorifie thee this
my last houre; and with that, looking into the
book, the first thing that came his sight were
these words, Harc autem vita atterna, cog cheerefull countenance, such stout and con
noscant te, solun verum Deum, quem misisti stant courage, and such reverend gravity, that Jesum Christum. Ego glorificavi super ter appeared men not only void feure,
facies vestra non confundetur. By that time was upon the scaffold was about ten the
realine, and that may please him hold his hand over and send the king good councel. ’
These the like words spake, with such
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407] STATE TRIALs, 27 Hosny VIII. 1535. —Trial of Lord Dacres. [40s
thereat, and noted it for a miraculous thing, to heate so plain agd audible a voice coule from
but also glad of 'cath. 13esides this, he uttered hands and heart towards heaven, said few his words so distinctiy, and with so loud and prayers, which were not long, but fervent, and cleare a voice that the people were astonished devout which being ended, laid his head
so weak and sickly an old body; for the
youngest man in that presence, being in good
and perfect health, could not have spoken to
be better he and perceived, than was.
Their after these few words him uttered
kneeled down both his knees, and said cer
tain prayers, among which one was the hymn him cardinal's hat, but unseasonably, his head
Deum laudanus, Psalm Domine,
the executioner, and bound
Herbert says that “the Pope (Paul 3rd) sent the end, and the being off. ” There story, that when Henry
his eyes; and this
[“This Trial taken notice
old Chronicles, and also one
32. The Trial Treason,
WILLIAM Lord DACREs the North, for High the Court the Lord High Steward: 27. Henry
VIII.
1535.
holy
handkerchief about
father listing his his shoulders, for I'll have his head off. ”
down on the middle little block, where the executioner being ready with sharp and heavy ax cut asunder his slender neck one blow,
which bled abundantly, that many wondered see much blood issue out slender
and leane body. He was beheaded June 22, 1535, the 80th year his age. Lord
heard the Pope's intention send him hat, exclaimed, Fore God, then, shall wear
[Hall and Lord Herbert's Hen. VIII. ]
most the Treason, where the duke Norfolke sate the Har judge and high steward England. The sayd the book, lorde Dacres beyng brought the barre with
ravi. Then cane
lcian manuscripts; but Hall's from which the others transcribe.
We the re the axe the Tower before him, after his in fore present our readers with extract ditement red, not only improved the sayd indite from him, which we add one from lord ment false and maliciously devised against
Herbert's Henry the 8th, the latter more
explanatory. But both accounts are
short, that we fear they will deemed too
trivial for insertion. Against such censure, ready avouche their accusacions, that
we have only say, that the fact lord Dacres's acquittal, which was our chief in duc ment for admitting the mention this Trial into the collection. ancient times, more especially the eign Henry 8th, when, from the devastation made the civil wars amongst the ancient nobility, and other causes disturbing the balance the constitution, the influence of the crown was become exorbitant, and seems have been
its zenith, accused crime against the state and to be convicted were almost
the same thing. The one was usually cer tain consequence the other, that, exclu
sively lord 1)acres's Case the reign Henry 8th, and that Nicholas Throck morton his daughter Mary's, the examples
their great shames, and his great honor,
was found that day his peres not giltie, whiche undoubtedly the commons excedyngly
joyed and rejoysed insomuche there was the hall those woordos, Not giltie, the greatest shoute and crye joy that the like
man livyng may remembre that ever heard.
Extract from lord Herbert's Henry VIII. Kenn. Compl. Hist. 177.
The lord Dacres the north (July our historians have was arraigned Westmin ster High Treason, but the principal wit
nesses produced against him his accusers (sir Ralph Fenwick and one Musgrave) were some mean and provoked Scottish men, his
him, and answered every part and matter herin contained, but also manly, wittily, and di
rectly confuted his accusors, whiche there were
the contrary are very rare. But those peers acquitted him, believing they not only which occur ought remembered spoke maliciously, but might easily suborned justice the times they belong to, sort against him, one who (having been warden
balance for the reproach deservedly cast the Marches) frequent inroads had done upon them, for the culpable facility con much harm that country. And thus escaped demnation conspicuous most other in that lord his little honour, and his judges, stances. ” Hargrave. ]
Ertract from Hall's Hen. WIII. 225.
THE nynth day July was the lorde Dacres escape, when they obtain equal hearing.
the north arreigned Westminster High
giving example thereby how persons great quality, brought their trial, are not neces sarily condemned, but that they sometimes may
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400] STATE TRIALS, 2s IIesty VIII. 1536—Trials of Queen Anna Boleyn, &c. [410
33. The Trials of Queen ANNA BoI. EYN, and her Brother lord o viscount Rochford, for High Treason, in the Court of the Lord High Steward; and also of HENRY Norris, MARK SM Eton, WILLIAM BREREToN, and Sir FRANCIs WEston, before Commissioners of Oyer and Terminer, for the same Offence: 28 Hen. VIII. A. D. 1536. [Harleian MS. 1 Burnet's Reform. 196. 1 Strype's Memorials, 279. ]
[“ The earliest account we have of these pro lefte, the earle of Surrey, sonne of the duke of ceedings is in Hall's Chronicle; but, except Norfolke, sittinge directly before his father, a the queen's Speech at her death, it scarce degree lower, as earle marshall of England, to mentions more, than that she and the rest whome were adjoyned 26 other peeres, and were arrested, accused, tried, and executed. among them the queenes father (a ), by whome Hall's Hen. 8. fo. 227. b. Grafton copies shee was to be tryed. The king's Commission
verbatim from Hall, except omitting this cir beinge read, the accusers gave in theire Evi cumstance, that the king the day after her dence, and the Wittnesses were produced, the death wore white for mourning. Graft. 1228. queene sittinge in her chaire made for her,
Fox, in his Martyrology, is chiefly occupied
in vindicating the queen's virtue, and defend
(whether in regard of any infirmity, or out of honor permitted to the wife of the soveraigne) haveinge an excellent quick witt, and being a ready speaker, did so answeare to objections, that had the peeres given theire Verdict ac cordinge the expectacion the assembly, shee had beene acquitted but they (among whome the duke Suffolke the kings brother.
ing the succession to the crown through her.
2 Fox Martyr. ed. 1610. p. 987. In Hol
lingshead, the account is more full than Hall.
3 Hollingsh. 940. Stow, who follows next,
chiefly borrows from Hollingshead. Stow's
Chron. Howe's ed. 572. Some additional
circumstances are noticed by Speed. Speed's in-law was cheife, and wholy applyinge him
Chron. 1014. Lord Herbert is still more
particular in his narrative. Herbert's Hen.
8. in 2. Kenn. Compl. Hist. 193. There is
also a short account of this Trial amongst
the Harleian Manuscripts at the British Mu h inge burned the Tower-Greene, beheaded, seum, which seems to have been compiled his majestie his pleasure should thinke
beinge denounced the copious relations of this singular transaction, court arose, and she was conveyed back againe
out of the printed chronicles. But the most fitt. —The Sentence
are in Heylin and Burnet; more especially
the latter, who was aided not only by some original Letters, but by two other cotempo rary manuscripts of great authority, one be
ing a Common-Place-Book of judge Spel
man, the other an account by Anthony An
thony, a surveyor of the ordnance of the beinge admitted rather bec wittnesses then Tower. Heyl. Reformat. 263. 1. Burn. spectators her death, whome the queene Reform. After Burnet's book, our learned (haveinge ascended the scaffold) spake this annalist Strype, favoured the world with tnantner,
some additional matter.
1 Strype's Me “Freinds and good Christian people, am
mor. 279. What we shall lay before the
reader, will consist, first of the Harleian
Manuscript, secondly of Extracts from Bur
net, and thirdly of an Extract from Strype ;
which together will, as we apprehend, nearly
comprize every circumstance deserving of no you, more gentle mild prince never swayed
tice throughout the whole affair. ” Hargrave. ]
Ertract from Harleian Manuscript.
THOMAS duke of Norfolke, lord high stew ard of England, att the Tryall of queene Anne Boleyn, who on the 15th day of May, in the 28th yeare of the raigne of kinge Henry the eight, was arraigned in the Tower of London, on a scaffold for that purpose made in the kings hall, the duke of Norfolke sittinge under the cloath of state, the lord chauncellor on his right hand, and the duke of Suffolke on his
Septer; his bounty and clemency towards mee am sure hath beene speciall; any one in tend inquisitine survey my actions, in treate him judge favourably mee, and not
rashly admitt any censorious conceit. And soe bid the world farewell, beseeching you commend mee your prayers God. ” (b)
(a) The queen's father was not one her judges. See page 417, and the note there.
(b) Fox, Acts and Monuments, 270. gives nearly the same speech.
selfe the kings humor) pronounced her guil ty; wherev pon the duke Norfolke, bound proceed accordinge the Verdict the
peeres, condemned her death, either be
her chanber, the lody Boleyn her aunt, and the lady Kingston, wife the constable the Tower, only attendinge her. —And the 19th
May, the queene was brought the place execucion the Greene within the Tower,
some the nobility and company the cittie
here your presence suffer death, whereto acknowledge my selfe adjudged the lawe, how justly will not say intend not ac
ii. o. cusacion any one. the
Almighty preserve his majestie longe raigne over
p.
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411] STATE TRIALS, 28 Henry VIII. 1536. -Trials of 2ween Anna Boleyn, [412
This speech shee vttered with a smylinge wife three years; but this time enter countenaunce; then kneelinge downe, with a tained secret love for Jane Seimour, who had fervent spirit said: “To Jesus Christ I com the charms both beauty and youth her Inend my soule, Lord Jesu receaue my soule;’ person; and her humour was tempered, be and repeatinge these words very often, sudden tween the severe gravity queen Katherine, ly the stroake of the sword sealed the debt that and the gay pleasantness queen Ann. The shee owed vnto death. -Nowe the court of queen, perceiving this alienation the kings England was like a stage, whereon are repre heart, used possible arts recover that af sented the vicissitudes of ever various fortunes; section, whose decay she was sadly sensible.
for within one and the same moneth, that saw But the success was quite contrary what queene Anne florishinge, accused, condemned, she designed. For the king saw her more executed, and another assumed into her place with those eyes, which she had formerly capti both of bedd and honour. The first of May, vated but grew jealous, and ascribed these
yt seemeth, shee was informed against, the se caresses
cond imprisoned, the fifteenth condemned, the which
seaventeenth deprived of her brother and one
friends, who suffered in her cause, and the reign, was more than ordinary pains nyneteenth executed. On the twentyeth the learn could concerning and have not kinge married Jane Seimour, who on the nyne only seen great many letters that were writ and twentieth was publiquely shewed queene.
those that were set about the queen, and catcht every thing that fell from her, and sent court, but have also seen an account of it, In January, 1536, the queen brought forth a which the learned Spelman, who was judge dead son. This was thought to have made that time, writ with his own hand his
Ertract from 1 Burnet's Reformation, 196. »
impressions the king and that, con Common-Place book, and another account
some other criminal affections, began suspect her. This being the most memorable passages this
writ one Anthony Anthony surveyor the ordnance of the Tower. From all which
shall give just and faithful relation with out concealing the least circumstance, that may either seem favourable or unfavourable to her.
She was very cheerful temper, which
was not always limited within the bounds exact decency and discretion. She had rallied
Smalcald, treating league with the protes some of the im. servants more than became tant princes, who insisted much the Augs her. Her brother, the lord Rochford, was her burg confession. There were many conferences friend well brother; but his spiteful wife between Fox and Dr. Barnes, and some others, was jealous him and being woman no with the Lutheran divines, for accommodating sort vertue, (as will appear afterwards ber the differences between them, and the thing serving queen Katherine Howard her beastly was good forwardness. All which was practices, for which she was attainted and exe imputed the queen. Gardiner was then cuted,) she carried many stories the king,
cluded from the death his sons the former ueen, that the marriage was displeasing
od, might upon this misfortune, begin make the like judgment this marriage. Sure enough the popish party were earnestly
set against the queen, looking her the great supporter heresie. And that time, Fox, then bishop Hereford, was Germany
ambassador France, and wrote earnestly
the king, dissuade him from entering into
any religious league with these princes: for
that would alienate the world from him, and
dispose his own subjects rebel. The king
thought the German princes and divines should which bred great suspition. Henry Norris,
have submitted things his judgment, and had such opinion his own learning, and was pust with the flattering praises that
daily heard, that grew impatient any opposition, and thought that his dictates should pass for oracles. And because the Germans would not receive them so, his mind was alien ated from them. —But the duke of Norfolk court, and Gardiner beyond sea, thought there might easily found mean accomodate the king, both with the emperor and the pope,
the queen were once out the way for then might freely marry any one whom
pleased, and that marriage, with the male issue
null from the beginning, could never al design whether there any truth that lowed the court Rome, any that story, the letters concerning her fall making party. With these reasons state, others mention cannot determine; for Spel affection concurred, The queen had been man makes mention and gives very
disputed whereas, long
the queen lived, her marriage, being judg course. Whether she dropt carelessly,
could not
some about him, persuade, that there was familiarity between the queen and her brother,
beyond what near relation could justifie. All that could said for was only this that was once seen leaning upon her bed,
that was groom the stole, Weston, and Bre reton, that were the kings privy-chamber, and one Mark Smeton, musician, were all observed have much her favour; and their zeal serving her was thought too warm and diligent flow from less active principle than love. Many circumstances were brought
the king, which working upon his aversion
the queen, together with his affection mistress Seimour, made him conclude her guilty. Yet somewhat which himself observed, fancied,
tilting Greenwich, believed have
given the crisis her ruin. said, that spied her her handkerchief fall one her gallants wipe his face, being hot after
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413] STATE TRIALS, 28 Henry VIII. 1536—and others, for High Treason. [414
different account of the discovery in these Cranmer, come Lambeth but ordered words. “As for the evidence of this matter, it him not come into his presence. Which was discovered by the lady Wingfield, who had was procured the queen's enemies, who took been a servant to the queen, and becoming on care, that one who had such credit with the a sudden infirm some time before her death, king, should not come him, till they had did swear this matter to one of her—' and here fully persuaded him that she was guilty. Her
unluckily the rest of the page is torn off. By
this it seems, there was no legal evidence
against the queen, and that it was but a witness
at second hand, who deposed what they heard she had been very terms with her. She the lady Wingfield swear. , Who this person
was we know not, nor in what temper of mind
the lady Wingfield might be, when she swore
engaged her into much discourse, and studied draw confessions from her. Whatsoever she
The safest sort forgery, one whose con woman full vapours, was like enough tell
science can swallow lay thing
dead persons name, where there fear discovery before the great day and when was understood that the queen had lost the kings heart, many, either out their zeal popery, design make their fortune, might
easily induced carry story this na ture. And this seems was that which was
every thing that was true, with great deal
more; for persons that condition, not only
have command themselves, but are apt say any thing that comes their fancy.
The duke Norfolk, and some the king's
brought king the
Greenwich,
return Whitehall,
council, were with her; but could draw nothing from her, though they made her believe, that Norris and Mark had accused her. But when they gone,
thereupon immediately
being the 1st May. The queen was imme
she fell down her knees
who did
were
and wept, and prayed often, “Jesu have mercy
fell laughing: when that was over, she desired have the sacrament were also seized on but none of them would still her, that she might cry mercy. And
wo
very ill; for, upon what reason know not,
said, was presently sent the court. And
uncle's lady, the lady Boleyn, was appointed
lye the chamber with her.
she took
on me;’ and
J.
diately restrained her chamber, the other five
confess any thing, any actual thing,
but “Mark Smeton, she said the lieutenant the Tower, she Cromwell writ. Upon this was clear the company men,
was the king's true wedded wife. And she cried out, “O Norris, hast thou accused me? Thou art the Tower with me, and thou and
shall dye together; and Mark, shall thou too. ' She apprehended they were put her dungeon; and sadly bemoaned her own, and her mother's misery; and asked then, whether she must dye without justice. But they told her, the poorest subjects had justice, much more would she have The same let
the Tower. The poor sin, she was clear from him; and that she
they were carried
queen was
only fall under the kings displeasure, but both defamed and destroyed once. At first she smiled and carryed cheerfully; and said, she believed the king did this only prove her. But when she saw was ear nest, she desired have the sacrament her closet, and expressed great devotion, and seem ed prepared for death.
sad condition; she must not
The surprize and confusion she was raised
fits the mother, which those about her did ter says, that Norris had not accused her; and not seem to understand; but three or four let that said her almoner, that could ters, which were writ concerning her court,
say, that she was some times very devout,
swear for her, “she was good woman. ” But she being made believe that had accused her, and not being then free her thoughts
consider that ordinary artifice for draw: ing out confessions, told she knew, both
and cried much; and sudden would burst
out laughter, which are evident signs va
pours. When she heard that those who were
accused with her, were sent the Tower, she him and Mark. Which though was not
then concluded herself lost; and said, she enough destroy her, yet certainly wrought
should sent thither next; and talked idlely, saying, ‘That her bishops were about the
king, they would speak for her. She also said, that she would saint heaven, for she had done many good deeds; and that there should rain, but heavy judgments the land, for what they were now doing her. ’ Her enemies had now gone too far, not de stroy her. Next day she was carryed the Tower, and some lords, that met her on the river, declared her what her offences were.
Upon which, she made deep protestations
her innocence, and begged leave see the king; but that was not expected. When she was carried into the Tower, “She fell down on her knees, and prayed God help her, she was not guilty the thing for which she was accused. ’ That same day the king wrote
much the jealous and alienated king. She told them, ‘That she once asked Norris, why
did not with marriage? " who swered her, “that he would yet tarry some time. " To which she replyed, ‘You jook for dead men's shoes; for ought come the king but good, you would look have me. " He answered, “if had any such thought, would head were cut off. Upon which, she said, “she could undoe him she pleased, and thereupon she fell out with him. " Mark,
who was then laid irons, she said, was never her chamber, but when the king was last Winchester; and then came
play the virginals: she said, that “She never spoke him after that, but Saturday be. fore May-day, when she saw him standing
the window, and then she asked him, why
of
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415] STATE TRIALS, 28 Hexey VIII. 1536–Trials of Queen Anna Boleyn, [416
was so sad; he said, it was no matter: she an
“ceed after your graces will and pleasure, nor “less procuring his glory and honour; then ‘suppose your grace did never any thing more “acceptable unto him, since your first govern ‘ance this your realm. And moreover,
swered, You may not look to have me speak
to you, as if you were a nobleman, since you
are an inferior person. ‘No, no, madam,'
said he, ‘a look sufficeth me. ' She seemed more
apprehensive of Weston, than of any body. ‘your grace shall give unto him occasion For on Whitsun Munday last he said to her,
* That Norris came more to her chamber upon
her account, than for any body else that was there. She had observed that he loved a kins
woman of hers, and challenged him for and for not loving his wife. But answered her, that there were women the house, whom loved better than them both; she asked who that; yourself, said upon which, she said, she defied him. ” -
easily receive impressions
‘multiply and encrease his graces and benefits ‘unto your highness, did unto his most “faithful servant Job; unto whom, after his ‘great calamities and heaviness, for his obe ‘dient heart, and willing acceptation Gods “scourge and rod, Addidit Dominus cuncta
duplicia. And true, that openly “reported the queens grace, men had
‘right estimation things, they should not ‘esteem any part your graces honour
This misery the queens drew after the
common effects that follow persons under such “clearly disparaged. And am such per
disgrace; for now the court was against ! ". that my mind clean amazed. For her, and every one was courting the rising never, had better opinion woman, than queen. But Cranmer had not learned these “had her; which inaketh me think, that arts, and had better soul him, than ‘she should not culpable. And again, capable such baseness and ingratitude. He ‘think your highness would not have gon had been much obliged her, and had con ‘far, except she had surely been culpable. ceived high opinion her, and
‘touched thereby, but her honour only
could not ‘Now think that your grace best knoweth, her; yet ‘that next unto your grace, was most bound
downright ‘unto her all creatures living. Wherefore justification her would provoke him: there ‘most humbly beseech your grace, suffer me
knew the kings temper, and that
fore wrote the following Letter, the
May, with the softness that tender point required; which justified her far
was consistent with prudence and charity. The letter shows of what constitution he was
“in that which both Gods law, nature, and also “her kindness, bindeth me unto that that “may with your graces favour wish and pray “for her, that she may declare her self incul ‘pable and innocent. And she found “culpable, considering your graces goodness
that wrote it; and contains many things
that tend highly her honour, that shall ‘towards her, and from what condition your insert here, copied from the original. ‘grace your only meer goodness took her,
Pleaseth your most noble grace, ‘and set the crown upon her head; repute ‘advertised, that your graces commandment ‘him not your graces faithful servant and sub Mr. Secretary his letters, written your ‘ject, nor true unto the realm, that would not ‘graces name, came Lambeth yesterday, desire the offence without mercy pu
and there remain know your graces ‘nished, the example all other. And as
further pleasure. And forsomuch without “I loved her not little, for the love which “your graces commandment, dare not con ‘judged her bear towards God and his gos ‘trary the contents the said Letters, pre ‘pel; she proved culpable, there not ‘sume come unto your graces presence; “one that loveth God and his gospel, that ever
nevertheless, my most bounden duty, can will favour her, but must hate her above all
less than most humbly
‘grace, your great wisdom, and
desire your ‘other; and the more they favour the gospel, the as ‘the more they will hate her for then there suppress was never creature our time that much
“sistance Gods help, somewhat
‘the deep sorrows your graces heart, and “slandered the gospel. And God hath sent
take all adversities Gods hands both pa “her this punishment, for that she feignedly ‘tiently and thankfully. cannot deny, but your ‘hath professed his gospel her mouth, and
‘grace bath great causes many ways lament
‘not heart and deed. And though she have “offended so, that she hath deserved never to ‘be reconciled unto your graces favour; yet “Almighty God hath manifoldly declared his ‘goodness your grace, and never offended you.
able heaviness: also that the wrongful esti
‘mation the world, your graces honour every
‘part highly touched, whether the things
‘that commonly spoken true not,
‘that remember not that ever Almighty God “But your grace, am sure, knowledgeth that “sent unto your grace, any like occasion “you have offended him. Wherefore trust ‘try your graces constancy throughout, whe ‘that your grace will bear less entire favour “ther your highness can content take unto the truth the gospel, than you did be
Gods hands, well things displeasant, “fore: forsomuch your graces favour the “pleasant. And find your most noble ‘gospel, was not led affection unto her, but “heart such an obedience unto his will, that zeal unto the truth. And thus beseech “your grace, without murmuration and over “Almighty God, whose gospel hath ordained “much heaviness, accept adversities, not ‘your grace defender of, ever preserve “less thanking him, than when things suc your grace from evil, and give you the
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417] STATE TRIALS, 28 HENRY VIII. 1536. -and others, for High Treason. [41s
‘end the promise of his gospel. From Lam whatsoever. Which was the slander of the ‘beth, the 3d of May. issue that was begotten between the king and
“After I had written this letter unto your her. ' And this was Treason, according the ‘grace, my lord chancellor, my lord of Oxford, statute made the 26th year this reign (so “my lord of Sussex, and my lord chamberlain of that the law, that was made for her and the “your graces house, sent for me to come unto
‘the Star Chamber; and there declared unto
‘me such things as your graces pleasure was
‘they should make me privy unto. For the
‘which I am most bouuden unto your grace.
“And what communication we had together, I been any evidence for there was
‘doubt not but they will make the true report stretching the other statute,
“thereof unto your grace. I am exceedingly have proved the violating the queen, the
‘sorry, that such faults can be proved by the known statute the 25th year * queen, as I heard of their relation. But I Edward had been sufficient.
‘ am, and ever shall be, your faithful subject, dictment was read, she held ‘Your graces most humble subject, and chap pleaded Not Guilty, and ‘lain. T. Cantuariensis. ”
and did answer the evidence was brought But jealousy, and the king's new affection, against her discreetly. One thing remark
had quite defaced all the remainders of esteem able, that Mark Smeton, who was the only
for his late beloved queen. Yet the ministers person that confessed any thing, was never
continued practising, to get further evidence confronted with the queen, nor was kept
for the Tryal ; which was not brought on an evidence against her; for had received
the 12th May; and then Norris, Weston, his sentence three days before, and could
Brereton, and Smeton, were tryed com witness law. But perhaps, though
issue her marriage, now made use destroy her). was also added the indict ment, that she, and her complices, had con spired the kings death;' but this seems was only put swell the charge, for
there had need they could
the reign When the In her hand, and did her brother,
mission Oyer and Terminer Westminster was wrought confess, yet they did not
Hall. They were twice indicted, and the in think had confidence enough aver
dictments were found two grand juries, the queen's face. Therefore the evidence they
the counties Kent, and Middlesex; the brought, Spelman says, was the oath
crimes with which they were charged, being woman that was dead, yet this, rather the said to be done both these counties. Mark terror offending the king, wrought the
Smeton confessed, had known the queen lords, that they found her and her brother carnally three tines. The other three pleaded Guilty; and Judgment was given, that she not guilty;' but the jury, upon the evidence should burnt, beheaded the kings formerly mentioned, found then Guilty; pleasure. Upon which Spelman observes, that ap that attainted Treason, England, they whether she
†.
drawn the place execution,
and given, they
burning points for woman
the death which the law
them hanged, others quartered, guilty
beheaded, and high treason.
yet since she had been queen
left the king determine,
was that
should and some
whereas
On the 15th May, the queen and her bro
should dye infamous death,
ther the lord Rochford (who was peer, hav But the Judges complained this way pro ing been made viscount when his father was ceeding, and said, such disjunctive judg
created earl Wiltshire) were brought ment Treason, had never been seen. The tryed their peers; the duke Norfolk lord Rochford was also condemned be be
being lord high steward for that occasion. headed and quartered. Yet this did not
With him sate the duke Suffolk, the mar quess Exeter, the earl Arundel, and
satisfy the enraged king, but the marriage be tween him and her must annulled, and the issue illegitimated. The king remembred
more peers, whom their father the earl
Wiltshire was one. (a) Whether this unna intrigue that had been between her and the tural complyance was imposed him the earl Northumberland, which was inentioned
imperious king, officiously submitted
himself, that might thereby preserved
from the ruin that fell his family, not
the former book; and that he then lord Piercy said the cardinal, “That had gone far before witnesses, that lay upon his conscience, that could not back. "
known. Here the queen England
unbeard-of precedent was brought
and indicted High Treason. The crimes made marry her, per verba futuro, which
(a) This was not one acknowledges
Addend. Vol.
The king and his council, reflecting upon what mistake. The queen's father seems the cardinal had told him, resolved
her judges, another part
bishop Burnet try what could made his work. See earl of Northumberland
and pressed the confoss contract
took his oath
Burn. Reformat. 363.
between him and her. But
the bar, This, like, might some promise
charged her were, “That she had procured her brother and the other four lye with her, which they had done often that she had said
them, that the king never had her heart, and
had said every one them themselves,
that she loved them better than any person any force annul the subsequent marriage.
though was precontract itself, yet
seems the poor queen was either ignorant
ill-advised, was one; though
perswaded afterwards certain that nothing, but
contract per verba
praesenti, could
beheaded.
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49) state TRIALs, 2s IIesty VIII. 1536. -Trials of Queen Anna Boleyn, [420
before the two archbishops, that there was no contract, nor promise of unarriage ever between
certing which have seen the original declara tion under his own hond). Nor could they
draw any confession from the queen, before the Sentence; for certainly they could have
done tilat, the divorce had gone before the
tryas and then she must have been tryed only as marchioness of Pembroke. But now she
lying under terrible sentence, most probable, that either some hopes life were given her; least, she was wrought
the assurances mitigating that cruel part her Judgment, being burnt, into the milder part the sentence, “having her head cut off;’
that she confessed pre-contract, and the 17th May was lorought Lambeth and court, the afflicted archbishop sitting
after some ceremony, doing, she fell down
lier knees, and with many tears charged the
them, and received the sacrament upon
fore the duke Norfolk, and others
king's privy council; wishing might damnation, there was any such thing (con
her name, and do she had done, the lady
other divorce because contradict one another, that one, not both, then must
precontract, did the emperor had servant there, and honestly was apparent, put out Sir, we have not hour certain,
be the his
lady, she would answer God,
judge, some persons quality being present,
she confessed some just and lawful impedi her saint Heaven she protested ments; which was evident that her mar her innocence, and recommended her daughter riage with the king was not valid. Upon which his care. And her carriage that day she Confession, her marriage bctween the king died, will appear from the following Letter and her was judged have been null and void. writ the lieutenant the Tower, copied The Record the Sentence burnt; but these from the original, which insert, because the
unjust; for may known London, think here the marriage between the king and her was will but few, and think reasonable num
null from the beginning, then since she was not ber were best, for suppose she will declare the kings wedded wife, there could her self good woman, for all men but
adultery and her marriage the king was for the king, the hour her death. For either true marriage, not; was true, this morning she sent for me, that might be then the annulling was unjust, and with her such time she received the good was true marriage, then the attainder was Lord, intent should hear her speak unjust for there could
breach that touching her innocency alway clear. that plain, And the writing this, she sent for me, her, and and my coming she said: ‘Mr. Kingston, illegitimate her daughter, and that transport hear say shall not die aforenoon, and am
faith which was never given the king was resolved
rid
fury, did not consider that the very me verry sorry therefore, for thought
dead told her,
And then
thod took, discovered the unjustice proceedings against her. Two days after this, she was ordered executed the Green on Tower-Hill. How she received these tidings, and how stedfast she continued the protestations her innocence, will best appear
this time, and past my pain.
should pain, was sottle.
seen many men, and also women, executed; the following circumstances. The dav be and that they have been great sorrow, and fore she suffered, upon strict search her my knowledge this lady has much joy and Past life, she called mind, that she had play pleasure death. Sir, her almoner con
the step-mother too severely lady Mary, tinually with her, and had been since two
and had done her many injuries. Upon which, she made the lieutenant the Tower's lady down the chair state; which the other,
clock after midnight. This the effect any
thing that here this time, and thus fare you well, Yours, William Kingston. ”
Mary, and ask her forgiveness for the wrongs
she had done her. And she said, she had no
quiet her conscience, till she had done that.
But though she did this what became Christian, the lady Mary could not easily
pardon these injuries; but retained the resent ments of them her whole life.
This ingenuity and tenderness conscience about lesser matters, great presumption,
that she had been guilty more eminent faults, she had not continued the last deny ing them, and making protestations her in
nocency. For that same night she sent her last message the king, and acknowledged
her self much obliged him, that had con tinued still advance her.