11
On the day of Queen Katherine's funeral, Chapuys noticed Henry paying marked attention to 'Mrs Semel [sic]' and giving her 'very large presents'. During the afternoon, the Queen caught her husband with Jane on his knee, and flew into a frenzy, according to the account given years later by the English Duchess of Feria, who learned of the episode from her mistress Mary Tudor, who, in turn, probably learned of it from Jane Seymour herself. Henry, seeing his wife hysterical and fearing for their child, sent Jane out of the room and hastened to placate Anne. 'Peace be, sweetheart, and all shall go well with thee,' he soothed.
But the damage had been done. That evening, Anne aborted a foetus of about fifteen weeks' growth that had all the appearance of a male. 'She has miscarried of her saviour,' wrote Chapuys. The King in disappointment and sorrow commented, 'I see that God will not give me male children.' In a cold and unforgiving mood he stalked into the Queen's bedchamber, where Anne was sobbing fearfully, and complained about 'the loss of his boy' with many harsh words. Anne burst out that the fault lay with him, because he had been unkind to her, at which Henry flung back that she 'should have no more boys by him'. Seeing him so implacable, Anne forgot all caution, and cried desperately that he had no one to blame but himself for this disappointment, which had been caused by her distress of mind about 'that wench, Jane Seymour'. Breaking down again, she told him, 'Because the love I bear you is so much greater than Katherine's, my heart broke when I saw you loved others.' But she had gone too far. 'I will speak with you when you are well,' said Henry icily, and walked out of the room.
When he had gone, Anne bravely told her ladies it was all for the best: 'I shall be the sooner with child again, and the son I bear will not be doubtful like this one, which was conceived during the life of the Princess Dowager.' Yet she was being over-optimistic, for when Henry had closed the door of her room behind him, he had also closed the door on his second marriage.
There was great speculation at court as to what had caused the Queen's miscarriage. Anne herself blamed Norfolk, claiming the mishap was due to the shock she received when he told her of the King's fall from his horse. Some thought it the result of a defect in her constitution, while others, more perceptive, guessed it had been caused by fear that Henry would treat her as he had Katherine. Chapuys thought this 'not unlikely, considering his behaviour towards a damsel of the court, called Miss Seymour'; Anne's ladies knew that she was temperamentally incapable of ignoring this, as Katherine would have done.
The real reason for the miscarriage may have been that Anne was one of the small minority of people who are rhesus negative and who, during a first pregnancy which results in a healthy child, may produce in the bloodstream a substance called agglutinogen, which destroys rhesus-positive red cells in any subsequent foetus, usually with fatal results. Such a condition was of course unknown in the sixteenth century - it was not identified until 1940 - and could well account for Anne's three miscarriages after the birth of Elizabeth. If so, then she would never have borne another living child.
Cromwell had a secret interview with Chapuys on the evening of 29 January. He was anxious to promote an alliance between England and the Empire, but realised that Anne was a stumbling-block to it. However, he saw the ambassador as a necessary ally in his plan, and was eager to confide in him that the King had just said to him that he had made this marriage seduced by her witchcraft, and for that reason he considered it null and void, and that this was evident because God did not permit them to have male issue, and that he believed he might take another wife.
'This is incredible!' wrote Chapuys to his master, adding that the Queen had already repented of her hasty words and was 'in great fear'.
Anne's chief concern was that Henry would divorce her, believing this was the worst he could do. But the truth was that Henry did not want any more protracted legal proceedings to end yet another marriage, nor any more disputes about the succession. There had to be another way of removing the Queen. That Henry was accusing Anne of witchcraft, then a capital crime, as early as January 1536, suggests that even then he was probably contemplating her death. Anne's enemies had always made political capital out of her extra fingernail and the moles on her body, calling them devil's teats, and the people of England had long believed her guilty of using the black arts to seduce the King. Yet there was, apart from that, no other evidence, and Henry seems to have abandoned the idea of accusing Anne of witchcraft almost as soon as he had conceived it. However, the seed had been sown, both in his mind and in Cromwell's, and - had Anne but known it - her life was already in danger.
In early February, the estrangement between the royal couple was common knowledge, and speculation was rife. Chapuys thought Jane would make an excellent Queen of England; she was known to have imperialist sympathies, and had openly expressed her support for the Lady Mary. With Jane as queen, there was every hope that Mary might be restored to her former position and to the succession. This was what the ambassador had been told to work towards, and now he saw his chance. He was not without influence or friends at court, and he knew a great many people who secretly supported Mary and who would have been gratified to see the downfall of the Queen. Chapuys now made it his business to form a faction with them and to cultivate a friendship with the ambitious Seymour brothers, who were advising their equally ambitious sister on all her dealings with the King. And as Anne's influence waned, so did this faction brought together by Chapuys gain in strength and confidence.
The King was no fool: he could see which way the wind was blowing, having been told by Chapuys that the Emperor wanted peace in order to preserve the mutually profitable trading links between his people and Henry's. He had also been made aware, by implication, that the removal of Anne would facilitate this. Were she to be sacrificed to pro-imperialist policy, few would speak out in protest, for she was almost universally disliked. The imperialists were aware of this too, and thus Jane Seymour found herself courted, not only by Henry VIII, but also by Anne's enemies and Chapuys's faction. The ambassador advised her to drop heavy hints about Anne's heretical leanings in Henry's ear, and to say that the people of England would never accept her as their true Queen. She must say these things in the presence of her supporters, who would all then swear, on their allegiance to the King, that she spoke the truth. Jane certainly acted upon this advice, and it had the desired effect upon the King, who was now receptive to criticism of his wife. Jane also followed her own instincts, and the advice of her friends, by not admitting Henry to her bed. Instead, she dropped heavy hints about marriage, which fell on fertile ground, and before long Henry began to behave towards her with great circumspection, leading others to believe that he was already considering her as a future wife. From this time on, he took care to avoid any hint of scandal attaching itself to her name; her family and adherents were quick to notice this new deference on the part of the King, and Sir Francis Bryan told Jane's parents that they would shortly see their daughter 'well bestowed' in marriage.
Henry VIII finally made up his mind to rid himself of Anne Boleyn sometime in February 1536. Apart from the fact that their marriage was in ruins, the political situation in Europe made its dissolution highly desirable. Relations between Francis and Charles were deteriorating, and Henry was anxious to secure Charles's friendship. Anne was a bar to this, and would have to go. Chapuys, who had intimated as much to Henry, sounded out Cromwell as to what might happen, and though Cromwell was noncommittal, the ambassador concluded that something was afoot.
It was indeed. Henry left Greenwich for London for the Shrovetide celebrations, taking the unprecedented step of leaving Anne behind. Jane was left behind also, for Henry wanted her out of the way while he plotted the fate of her mistress. A month after her miscarriage, Anne was still grieving over the loss of her son, realising full well that she had lost not only a child but also her husband. Her company consisted of her ladies and her female fool, whose antics did little to alleviate her wretchedness. For the first time, she could appreciate how Katherine had suffered, and she expressed the view that her fate would be the same as the former queen's. She had guessed that Henry was thinking of taking another wife.
Jane Seymour was a continual thorn in Anne's side. Presents and messages from Henry arrived regularly for her, to Anne's disgust, and jealousy made her shrewish. She kept a continual watch on Jane's activities, and on more than one occasion lashed out and slapped her rival, using her prerogative as mistress. When Jane received a locket containing the King's miniature from Henry, and made a great show of opening and shutting it in front of Anne, the Queen reacted violently, ripping the locket from Jane's neck so roughly that she cut her own finger. Anne would dearly have loved to dismiss Jane from her service, but she dared not do so.
On 29 February, Charles V formally instructed Chapuys to begin negotiating an alliance with Henry VIII, and in early March war broke out between Spain and France. The removal of Queen Anne was now a matter of urgency. Chapuys had told the Emperor much about Jane, 'the young lady whose influence increases daily', saying she was a lady of great virtue and kindness, who was known to be sympathetic towards the Lady Mary. 'I will endeavour by all means to make her continue in this vein,' he wrote, although he expressed in the same letter his concern that 'no scorpion lurks under the honey'. Chapuys, too, had sensed that Jane's meek appearance hid an inner toughness.
Henry was finding his absence from Jane unbearable, and it was at this time that an incident occurred that was to change the course of their affair. The King had sent Sir Nicholas Carew from London with a love-letter and a purse of gold for her. Until now, Jane had not scrupled to accept expensive gifts, but even she drew the line at accepting money. Instead, she seized her opportunity to drop a timely hint, hoping to provoke the King into declaring his true intentions. She kissed his letter with great reverence, then handed it back unopened to Sir Nicholas. Then, falling to her knees, she asked him to beg the King on her behalf to consider that she was a prudent gentlewoman of good and honourable family, a woman without reproach who had no greater treasure in this world than her honour, which she would not harm for a thousand deaths. If the King wished
to send her a present of money, 'she prayed him to do so when God might send her a husband to marry'. Henry was delighted with this calculated show of maidenly
propriety. 'She has behaved herself in this matter very modestly,' he said, 'and in order to let it be seen that my intentions and affection are honourable, I intend in future only to speak with her in the presence of her relatives.' When he returned to Greenwich, he turned Cromwell out of his suite of rooms that were connected to Henry's own apartments by a secret gallery and installed there Sir Edward Seymour (who had recently been made a gentleman of the privy chamber) and his wife Anne. It was arranged that Jane would share these rooms with her brother and sister-in-law, and that they would act as chaperons when the King came to pay court to her. But the secret gallery did not remain a secret for long - Chapuys already knew of it by April.
The imperialists supported the idea of a royal divorce, believing that the dissolution of the King's marriage to Anne would mean recognition of the Lady Mary's right to the succession. Charles V urged Chapuys to press for Mary's restoration as her father's heiress: 'It matters not what the wrong done to her late mother may have been.' The ambassador was also to find out Anne Boleyn's views on the matter: the Emperor wanted the alliance with England so much that he was prepared to accept Elizabeth's right to a place in the succession after Mary. Above all, Chapuys was not to dissuade Henry from marrying again. Chapuys, of course, would never have dreamed of doing so. In fact, on 1 April, he learned from Cromwell that Henry was certainly contemplating taking another wife, and that it would not be a Frenchwoman. He guessed then that the King meant to marry Jane Seymour. Jane left Greenwich in April; not only was she distressed by the rumours and lewd ballads about her affair with the King then circulating in London, but Henry also wanted her away from the court while plans were laid for the elimination of the Queen. So Jane returned to Wulfhall, travelling with her brother and his wife.
Anne had spent the early months of 1536 at Greenwich, occupying herself with charitable works, playing with her dogs, and ordering new clothes, including embroidered caps and leading reins, for her little daughter. Her accounts show that she kept the child sumptuously dressed, taking a personal interest in Elizabeth's attire. She rarely saw the King now, and no one would tell her anything while rumours of divorce and annulment abounded. Fear was closing in on her, and her inner turmoil may easily be imagined.
Henry had been pondering the problem of what to do with Anne for some weeks now. He was eager to commit himself without further delay to the proposed imperial alliance, and feared that the Emperor might think him lukewarm if he did not act soon. Then Cromwell's agile mind came up with a solution as fantastic as it was atrocious, which he presented to the King some time in April. He told Henry he had certain suspicions of the Queen as a result of information laid by his spies. His intention was to accuse Anne of a capital crime, such as high treason, and institute proceedings against her. The crime must be such as to inspire not only revulsion for Anne but also sympathy for Henry, and it must be something that would merit divorce as well as death. Given Anne's love of flirtation and her encouragement of the fashionable cult of courtly love, few would find it hard to believe that, desperate for a child, she had resorted to adultery and even to plotting the death of the King in order to save her own skin.
Adultery in a queen was not high treason at that date: according to the Statute of Treasons of 1351, 'violating the King's companion' was the treasonable act, and therefore only Anne's putative lovers would stand guilty of it. But compassing the death of the King was high treason, and it attracted the death penalty. In presenting this as a possible solution to the King, Cromwell took a risk that Henry would be angry at the suggestion that he had been cuckolded, and at the implied insults to the woman who was still, after all, his wife and the Queen of England. But Henry, spurred by his passion for Jane Seymour, his need of the Spanish alliance, and his desire for vengeance upon Anne, who had promised so much and failed to deliver, accepted the allegations at face value, merely asking Cromwell to find evidence to support them. How seriously the King took the allegations is difficult to judge; outwardly, he behaved as if he were convinced of Anne's guilt. He believed she had lied to him over her chastity before marriage, and he was well aware that she encouraged courtly flirtations with the young men in her circle. But he was also a master of the art of dissimulation, and what is more likely is that he and Cromwell, without ever acknowledging the fact to each other, both knew that they were parties to a plot to do away with an innocent woman for the sake of expediency, and that - for it to succeed - they must appear convinced of her guilt.
All that Henry asked was that the business be over and done with as soon as possible, so that he would be free to marry Jane and make peace with Charles V. Anne must be kept in the dark as much as possible until the last moment: she must not be given time to muster support. Above all, she must be prevented from appealing to Parliament, the supreme court, and accordingly Parliament was dissolved on 14 April. Two days later, Mr Secretary intimated to Chapuys that his master would soon be ready to conclude the alliance with the Emperor. Not knowing what was going on, and having heard nothing more about a divorce, the ambassador steeled himself to make friendly overtures to Queen Anne, as the Emperor had instructed, and on the Tuesday after Easter, when Anne went in procession to chapel, Chapuys bowed low to her, something he had never done before. It was a bitter moment for him, but Anne was gracious, and sank into a deep reverence. Having as a result grounds for hope that Charles V was prepared to acknowledge her title, she went about for the rest of the day loudly proclaiming that she had abandoned her friendship with King Francis and was on the side of the Emperor. But when Chapuys did not appear at a public dinner that evening she grew worried, and asked Henry why he was absent. 'It is not without good reason,' replied her husband sourly. Chapuys did not speak to Anne again: the Lady Mary and others of his faction had been astonished by his behaviour in the chapel, and he felt ashamed.
Meanwhile, Cromwell retired to his house at Stepney, ostensibly because he was ill, but in reality to give him time to compile the 'evidence' against the Queen. He returned to court on 23 April, the same day that Chapuys was telling the Emperor that Henry was 'sick and tired of that she-devil'. The King had also refused Anne's request to admit Rochford to the Order of the Garter.
Cromwell's plans were now complete, and from then on events moved swiftly. On 24 April, the Lord Chancellor appointed a commission of oyer and terminer, consisting of himself, Cromwell, Norfolk, Suffolk and others, which would hold an enquiry into every kind of treason. The King, emphasising his innocence of what was afoot, now behaved as if he meant to continue in his marriage, and on 25 April he wrote to his ambassador in Rome, saying he felt it likely that 'God will send us heirs male [by] our most dear and most entirely beloved wife the Queen'. By now several people were involved in the proceedings against that same dear and most entirely beloved wife. Norfolk had long since been alienated from his niece by her arrogance, and he was prepared to dissociate himself from her: she was too big a liability. Suffolk had never liked her, and Cromwell knew she must go. He alone knew how false the allegations were; the other commissioners were required to accept them at face value, which they did without difficulty.
Anne suspected that something was going on, and on 26 April she charged her chaplain, Matthew Parker, with the care of her daughter Elizabeth if anything happened to her. What she feared she did not say, but her plea made a profound impression upon Parker, and years later, when Elizabeth was queen, he would say he owed her allegiance, not only as her Archbishop of Canterbury, but also because 'he cannot forget what words her Grace's mother said to him not six days before her apprehension'.
Ostensibly, life went on as normal. The King was planning to go with Anne to Calais on 4 May. But before 29 April, the Privy Council had already been informed of the proceedings against the Queen, and there were rumours at court of her imminent disgrace. The Bishop of London, when asked outright if Henry meant to abandon Anne, would say nothing, but his silence was eloquent.
Cromwell's net now closed in around his victims. For some time he had been busy collating the gossip brought to him by his agents, and secretly interviewing the women in the Queen's household. One spy had heard one of the Queen's maids say that Anne 'admitted some of her court to come into her chamber at undue hours', and named Lord Rochford, Sir Henry Norris, Sir Francis Weston, William Brereton and Anne's musician Mark Smeaton in this connection. One young woman, reprimanded by the Countess of Worcester for flirting, retorted that she was 'no worse than the Queen'. On the basis of such evidence as this Mr Secretary constructed a case. Anne was to be charged with adultery with the five men named, and also with conspiracy to murder the King. The charge of incest with her brother, which was the result of evidence maliciously laid by Lady Rochford, who was jealous of the close bond between Anne and George Boleyn, had been included to make the Queen's crimes seem all the more abominable.
We should pause here to consider Anne's so-called accomplices and ask the question: what were these men to her? Sir Henry Norris was a prominent courtier who had long enjoyed the King's favour, holding the office of Groom of the Stole, which required his attendance when Henry performed his natural functions; Norris was also Chamberlain of North Wales, a position he would not have held had he not enjoyed the King's confidence and trust. William Brereton is more obscure, but he too was a gentleman of the King's privy chamber, and may have been a witness at Anne Boleyn's wedding. Sir Francis Weston was twenty-five, and came from an honourable family whose seat was at Sutton Place in Surrey. Like Brereton, he was a gentleman of the privy chamber, and in 1533 had been one of those admitted to the Order of the Bath at Anne Boleyn's coronation. He was friendly with Henry, Anne and Rochford, played tennis with the King, and cards with Anne and Henry. He was married with a baby son.
The most remarkable inclusion in the list of Anne's supposed lovers was the musician, Mark Smeaton, whose name excited the most comment when the charges were made public. Anne's contemporaries wondered how she could ever have stooped so low. Hence we may conclude that Smeaton was not of gentle birth and had risen so far only on account of his musical talent. Of all the men accused, he would be the only one to admit his guilt, almost certainly under duress: it is possible, but not provable, that he suffered torture. Catholic writers would later make much of Anne's supposed intrigue with Smeaton, and Mary Tudor herself believed that the musician was Elizabeth's real father.
Anne certainly knew all these men except Smeaton well. Yet before April 1536, there is nothing in the records to suggest that her relations with them were anything other than circumspect. She knew her movements were watched, and she was no fool: it is inconceivable that she would have risked her crown and her life for the sake of casual sex with any man who took her fancy. The argument that she was so desperate to conceive a male heir, that she would go to any lengths to become pregnant - the implication being that the King was incapable of siring healthy children - fails when set against the fact that Anne conceived by him four times during their marriage without any difficulty, and that he expressed no doubt at any time that these children were his. As for plotting his death, Anne was well aware that, with Henry dead, her enemies would be out for her blood, and that at the very least she would suffer imprisonment or exile with her child disinherited.
Cromwell, however, felt that he had prepared a watertight case, and on 29 April he laid all the charges, with the accumulated evidence, before the King. As Henry read, he grew livid with fury as if in fact he believed that Anne's betrayal was genuine. The evidence was enough to arouse jealous anger in any man, but Henry was also King of England and Supreme Head of the Church. He was about to be publicly proclaimed a cuckold - and it was all Anne's fault. He had suspected something of this nature, he said, and now here was proof of it, enough to convince him that he had been right all along to order an investigation. When he calmed down, he gave orders for the arrest of all those named in the charges, including Queen Anne.
Nothing is known of Jane Seymour's involvement in the plot against the Queen. She had been active for months in nurturing Henry's antagonism towards Anne, and she must have known that Henry intended to get rid of his wife before she retired from the political arena. Henry had made it clear he wanted to marry her, and she must have accepted as a necessary preliminary the removal of her rival. Yet even when it became clear that this would not be by divorce or annulment, she did not flinch. All too often Jane Seymour has been seen merely as a willing tool, yet it is clear that she was in fact quite as ambitious and ruthless as her predecessor. She was perceptive, and knew when to speak her mind, a mature woman who knew what she wanted and pursued it with steely singlemindedness. For her former mistress she had no pity whatsoever, and the most charitable thing that can be said about Jane Seymour in this context is that, given that she was ignorant of what the charges for the proceedings against Anne would be, she accepted them as justified when they were laid. Whether it occurred to her that such charges were a little too conveniently timed is another matter.
On Sunday, 30 April, the King - still smarting with anger and humiliation - spent several hours closeted with Cromwell and the Council. The Queen walked her dogs in Greenwich Park, and when she returned to the Palace in the afternoon, she saw crowds gathered outside: word had spread that the Council was meeting that evening to discuss a matter of the utmost urgency, and people had flocked to Greenwich to await news. This alarmed Anne and, sure that the matter about to be debated concerned herself and that it boded ill for her, she gathered up her daughter in her arms for maximum emotional impact and went to find her husband. Alexander Aless, a Protestant divine from Scotland, witnessed their confrontation through a window of the palace, and in 1559 recorded his memories of it in a letter to Elizabeth I:
Alas, I shall never forget the sorrow I felt when I saw the sainted Queen, your most religious mother, carrying you, still a little baby, in her arms, and entreating the most serene King your father in Greenwich Palace, from the open window of which he was looking into the courtyard when she brought you to him. The faces and gestures of the speakers plainly showed the King was angry, though he concealed his anger wonderfully well.
Aless, unfortunately, was out of earshot of the conversation, so we do not know what was said between Henry and Anne; what is certain is that it resolved nothing. And when the Council meeting broke up that evening at eleven o'clock, it was announced that the King would not be going to Calais. No reason was given.
Cromwell was still gathering evidence against his victims. He found out that Smeaton, who only earned 100 per annum, had just spent a great deal of money on horses and liveries for his servants, and that people were wondering where he got the money, the implication being that the Queen had given it to him in return for services rendered. But Smeaton never had the opportunity to flaunt his horses and liveries, for on 30 April he was arrested and taken to Cromwell's house at Stepney for questioning.
One of the best sources for this crucial period is the account of George Constantine, the personal servant of Sir Henry Norris who would share his imprisonment in the Tower. Constantine tells us that Smeaton confessed his guilt, but only, it was thought, after he had been 'grievously racked'. There was no rack at Cromwell's house, but there was one at the Tower, even though torture was illegal. It is likely that Smeaton was racked on arrival at the Tower later that day or the next, and that this provoked his confession. The tale that he was tortured with a knotted cord round his eyes comes from the Spanish Chronicle, which is notoriously inaccurate, written as it was by a Spanish merchant living in London who relied heavily on gossip. His account probably reflects the kind of rumours that would shortly be circulating in the capital rather than what actually happened.
Anne had not noticed Smeaton's absence, and on May Day she took her seat with the King in the stands to watch a great tournament at Greenwich. Two of the contestants were Rochford and Norris, both named in the charges as the Queen's lovers. According to one late and hostile Catholic source, the account of the Jesuit Nicholas Sanders in his book on the origins of the English Reformation, Anne dropped a handkerchief to Norris to wear as a favour, which seemed to confirm the King's suspicions, but this incident is nowhere related in contemporary sources. Henry was in a thunderous mood, and hardly acknowledged Anne's presence; suddenly, without saying anything, he got up and left, leaving her to preside alone over the event, doubtless bewildered and afraid. She could not know it, but she would never see Henry again.
When the jousting ended, the King gave orders for Henry Norris to be arrested; he then departed for Whitehall, with Norris riding beside him so that Henry could question him. Norris was promised a full pardon if he would tell the truth. He had been horrified to learn he was accused of criminal intercourse with the Queen, and vowed to Henry that he would rather die a thousand deaths than be guilty of confessing to a crime he had not committed. Henry was not impressed, and Norris was sent to the Tower the following morning. The King, hearing that he had again protested his innocence to his chaplain, cried, 'Hang him up then!' On that same day, 2 May, Lord Rochford was arrested and also taken to the Tower. This took place so discreetly that few people were aware of it, and certainly not the Queen. When the blow fell, therefore, it took her almost completely by surprise.
On the morning of the 2nd she was watching a game of tennis, vexed with herself for not having laid a bet since her champion was winning, when a messenger arrived with a summons to present herself before the Privy Council. When she arrived in the council chamber, she was confronted by her uncle, Norfolk, Sir William FitzWilliam and Sir William Paulet, all grim-faced. They formally charged her, without preamble, with having committed adultery with Norris, Smeaton and one other, who was not named, and told her that both the men cited had already confessed their guilt, which was not true in the case of Norris. A stunned Anne failed to reply to the charges, and was escorted back to her apartments, there to remain under guard while the Council decided what was to be done with her. Anne did not panic at this stage: queens in the past had been found guilty of adultery, and none had suffered worse than honourable confinement. Besides, she was innocent of the charges. What did concern her was that blameless men were suffering on her account: for herself, she feared nothing worse than divorce, imprisonment or exile, but these men might face death.
Anne was still at dinner when, at two o'clock that afternoon, the door opened to admit Norfolk, Cromwell and Lord Chancellor Audley, accompanied by several lords of the Council. They all bowed. Norfolk held a scroll of parchment in his hand, the warrant for the Queen's arrest. Anne rose and asked why they had come. Her uncle replied that they came by the King's command to conduct her to the Tower, 'there to abide during his Highness's pleasure'. She answered steadily: 'If it be his Majesty's pleasure, I am ready to obey.' There was no time to change her clothes or pack anything money would be provided for her needs while in the Tower, she was told. She committed herself to the custody of the Privy Council, and was conducted to her barge.
The conveyance of state prisoners to the Tower of London usually took place under cover of darkness, but Anne was taken in broad daylight. It was a nightmare journey. Norfolk took great pleasure in telling her with a good deal of virtuous tut-tutting that her paramours had confessed their guilt. Anne did not respond, but when, at five o'clock, the barge was rowed through the Court Gate not the Traitors' Gate, as has traditionally been asserted - she was almost at breaking-point, and as she entered the grim fortress, her self-control gave way. At the top of the steps waited the Constable of the Tower, Sir William Kingston, and its Lieutenant, Sir Edmund Walsingham. Kingston would have charge of Anne during her sojourn; he was in his sixties, and knew her well, having often been at the court. He was not an unkind man, but he was somewhat hardened by the duties of his office, and made a pointofdistancing himself from the prisoners in his care. Towards Anne, he would behave with unfailing courtesy and humanity, becoming, despite his belief in her guilt, secretly impressed by her courage. He had received instructions from Cromwell that everything she said was to be recorded, in the hope that she would incriminate herself, and his reports are preserved in the Cotton MSS. in the Cottonian Library in the British Library, and are a valuable source of information about Anne's stay in the Tower.
When the Queen, in a state of near collapse, had been assisted from her barge and up the steps, she sank to her knees on the cobblestones, praying God to help her as she 'was not guilty of her accusement'. She begged the Privy Councillors, before they departed, to 'beseech the King's Grace to be good unto her'. Then she cried, 'Mr Kingston, do I go into a dungeon?' 'No, Madam,' he replied, 'you shall go into the lodging you lay in at your coronation.' 'It is too good for me!' sobbed Anne. 'Jesu, have mercy on me!' And she sank to her knees again, 'weeping a great pace, and in the same sorrow fell into a great laughing', behaviour she would exhibit many times during the early days of her imprisonment. Kingston helped her up once more, but she was distraught, repeating again and again, 'I am the King's true wedded wife! Oh, my mother, my mother!' Then, calming down, she declared: 'My God, bear witness there is no truth in these charges. I am as clear from the company of man as from sin.' She asked Kingston if she might have the Holy Sacrament placed in her bedchamber, 'that I may pray for mercy'. Already, she was beginning to suspect the worst.
Kingston now led her away. 'I was received with greater ceremony the last time I entered here,' she remarked. The royal apartments were on the east side of the inner ward between the Lanthorn Tower, the White Tower, and the Wardrobe Tower. Very little is known about them. The Tower had been a royal palace since Norman times, but by the reign of Henry VIII it was considered old- fashioned and uncomfortable. Cromwell put in hand renovations in the early 1530s for Anne Boleyn's coronation, and the works carried out then are shown on a plan of the Tower dated 1597, by which time the old great hall would be crumbling. The royal apartments did not long survive it, which suggests that Cromwell's improvements were mainly cosmetic. The Queen's lodging comprised a presence chamber, a dining chamber, a bedchamber, and a garden. It was to these rooms that Anne was conducted on 2 May 1536.
There, she found waiting for her three ladies-in-waiting, one of whom was Margaret Wyatt, Lady Lee, the poet's sister, who had probably known Anne since childhood; her old nurse, Mrs Orchard, and a Mrs Stonor; two male servants and a boy. There were also four ladies whose duty was to inform on her: her aunt Elizabeth, wife of Sir James Boleyn; Lady Shelton, another aunt, who had formerly had charge of the Lady Mary; Mary, Lady Kingston, wife of the Constable; and Mrs Cosyn, wife of Anne's master-of-horse, William Cosyn. There was no love lost between Anne and these ladies, and she realised at once why they were there, telling Kingston she thought it 'a great unkindness in the King to set such about me as I never loved. I would fain have had mine own Privy Chamber, whom I favour most.' Kingston replied that 'the King took them to be honest and good women.' Privately, he agreed with Henry's choice, for these ladies could tell Anne nothing of her father or brother, or anything else; the King wanted her kept in ignorance of the evidence against her in the hope that she would reveal information that could be used to incriminate her.
Left alone with her attendants, Anne could not stop talking. She ate 'a great dinner', and soon afterwards called for supper. Lady Boleyn taunted her that her love of intrigue had brought her where she was, and at the end of the evening Lady Kingston and Mrs Cosyn made their report to the Constable. Anne, meanwhile, was working herself into another frenzy, saying she was 'cruelly handled at Greenwich'. She summoned Kingston, and asked him outright if he knew why she was there. He reminded her of the charges against her, saying that another name had been added to the list of her accomplices, but she answered, with spirit, 'I hear I shall be accused with four men, and I can say no more but Nay, without I should open my body!' And, with a dramatic gesture, she opened wide the overskirt of her gown: 'They can bring no witnesses.' Kingston lied that Norris had confessed his guilt. 'Oh, Norris, hast thou accused me?' she wailed. 'Thou art in the Tower with me, and thou and I shall die together! And Mark, thou art here too.' And she wept, 'Oh, my mother, thou wilt die with sorrow.' Then she turned to Kingston, and her next question showed that she understood very well how grave her situation was: 'Master Kingston, shall I die without justice?' He replied: 'The poorest subject of the King hath justice.' Anne laughed hysterically at this, knowing well that those charged with capital offences were rarely acquitted.
Anne would have been even more horrified had she known just how desperate Henry was to be rid of her. Not only was he planning to have her executed for high treason, but he had ordered Cranmer on the day of her arrest to find grounds for annulling his marriage to her. Once Anne was dead, there must be no impediment to Jane's children taking precedence in the order of succession.
News of the Queen's arrest had spread around the court by the evening of 2 May. Chapuys learned of it with relief, seeing Anne's fall as a manifestation of divine vengeance for all the wrongs she had inflicted upon Katherine and Mary. Nor did he have any difficulty at this stage in believing the charges against her, predicting that the outcome of the affair would be hir execution. Indeed, there was little doubt in anyone's mind that this would be Anne's fate. When the people learned she was in the Tower, they were unmoved, believing her guilty as charged. No one spoke up in her favour. Nevertheless, Henry refrained from going out in public while Anne was in the Tower. His only sorties out of the palace were into the gardens and on evening trips by barge to visit Jane, who had just returned from Wulfhall and was temporarily staying at an unknown lodging.
By now Henry had convinced himself that Anne had been a monster of lechery. He remembered her ruthlessness in hounding Wolsey to his death, how she had more or less admitted her involvement in the plot to poison Fisher, and how she had urged him to have Katherine and Mary executed or murdered. Henry had heard the rumours that Katherine had died of poison, and was now convinced that Anne had been responsible. When Henry FitzRoy, Duke of Richmond came to bid his father goodnight on the evening after Anne's arrest, Henry embraced him and wept as he told him that he and his half-sister Mary ought to thank God for escaping 'that cursed and venomous whore, who tried to poison you both'. There was no evidence for this, but Henry was prepared to believe that no crime was too monstrous to have been committed by Anne. And when Richmond died of consumption the following July, Henry and most other people would believe that Anne had administered a slow- working poison which caused his death.
The Lady Mary learned of the Queen's arrest on the following day from Chapuys, who boasted that he had been instrumental in bringing it about. Mary instructed him to join forces with Cromwell and the many other people who were working for the advancement of Jane Seymour; Chapuys had, of course, been doing this for months already.
One person who did feel sorrow on behalf of Anne was Cranmer, who wrote to the King to express his sorrow and loyalty.
My mind is clean amazed [he wrote], for I never had better opinion of woman, but I think your Highness would not have gone so far if she had not been culpable. I loved her not a little for the love which I judged her to bear towards God and the Gospel. Next unto your Grace, I was most bound unto her of all creatures living.
He hoped and prayed she would declare her innocence. 'I am exceedingly sorry that such faults can be proved by the Queen,' ended Cranmer, 'but I am, and ever shall be, your faithful subject.' He would now go on to do exactly as the King bade him: against his sense of self-preservation, his long-standing affection for Anne counted for very little.
In the Tower, Anne learned of her brother's arrest, and declared that Norris and Rochford would vindicate her. After a night in prison she still veered from black despair to buoyant confidence and back again, as panic took her: 'One hour she is determined to die, and the next hour much contrary to that,' Kingston told Cromwell. Anne could not stop talking about the men accused with her. She told Mrs Cosyn she had made Norris swear to her almoner that she was a good woman, for she had teased him about delaying his marriage, saying he looked for dead men's shoes, 'for if aught came to the King, you would look to have me!' Norris, shocked, had denied this, but Anne had feared that her remarks had been overheard and could be misconstrued, so she made him swear to her virtue. Mrs Cosyn then deliberately let slip that Sir Francis Weston was being questioned by the Privy Council about his relationship with the Queen. Anne expressed some apprehension about what he would say, as he had told her on Whit Monday that Norris 'came more into her chamber for her sake than for Madge Shelton's [his mistress]'. Weston himself had been asked teasingly by Anne if he loved Madge, and he had replied that 'he loved one in her house better than [Madge or his wife]', which was the correct courtly answer to such a_ question. 'Who?' the Queen had asked. 'It is yourself,' he replied. This was all grist to Cromwell's mill, for, taken literally, it could prove very damaging indeed.
Anne's fragile confidence would have been shattered had she known that her husband was already planning his wedding to Jane Seymour. On 4 May, Jane took up temporary residence at Beddington Park, the Surrey home of Sir Nicholas Carew, a magnificent house built in 1500 and set in a large park; the great hall, on which the one at Hampton Court is said to have been modelled, still survives today. Here, Henry could visit Jane discreetly. His visits took place under cover of darkness, though nothing improper occurred; the royal swain had insisted on Jane's parents and brother Edward being present when he came courting. He was taking no chances with Jane's reputation: no one would ever be able to accuse her of light behaviour in the years to come.
Chapuys tells us that it was during one of these visits that Jane brought up the delicate subject of Mary, daring to say that when she was queen she hoped to see Mary reinstated as heir apparent. This irritated Henry, who told her she was a fool, who 'ought to solicit the advancement of the children they would have together, and not any others'. Jane replied that she did think of them, but also of Henry's peace of mind, for unless he showed justice to Mary, Englishmen would never be content. Jane intended to have her own way over Mary, and she would not give up easily.
On the day that Jane arrived at Beddington, Sir Francis Weston and William Brereton, having failed to convince the Council of their innocence, were taken to the Tower, Brereton having previously confided to George Constantine that 'there was no way but one with any matter alleged against him', meaning that he was innocent. The next day, Friday, 5 May, saw the last arrests, those of Sir Thomas Wyatt and Sir Richard Page. Neither was ever charged, and it is probable that Cromwell had never intended that they should be: if two of those accused with the Queen were allowed to go free, it would underline the guilt of the rest. Wyatt was a natural choice, as his earlier love for Anne was well known. As for Page, nothing is known of him.
Of the prisoners in the Tower, Rochford showed the most agitation. 'When shall I come before the King's Council?' he asked Kingston. 'I think I shall not come forth till I come to my judgement.' Then he burst into tears. Anne was glad that she and her brother were under the same roof. Yet when she was told of the arrests of Weston, Brereton, Wyatt and Page, she burst out laughing uncontrollably at the absurdity of it all. She showed no compassion for Smeaton when told he was manacled in irons, saying only that he 'was a person of mean birth, and the others were all gentlemen'. Smeaton, she said, had only once been in her chamber, and that was at Winchester the previous year, when she had sent for him to play the virginals for her; nothing improper had happened then, and the only other time she could remember having spoken to the musician was the previous Saturday, when she had chided him for aspiring to a courtly flirtation with her: 'You may not look to have me speak to you as I would do to a nobleman, because you are an inferior person.' 'No, no, a look sufficeth!' Smeaton had protested, and that was the end of the matter.
Anne told Kingston that if her bishops were with the King, they would all speak for her. In fact, their silence had been deafening. Of her imprisonment she said, 'I think the King does it to prove me,' and according to Kingston, 'did laugh withal, and was very merry'. But the merriment did not last, and she was soon weeping again, saying, 'My lord my brother will die!'
Henry VIII moved to Hampton Court on Saturday, 6 May, and set in train preparations for his wedding to Jane Seymour. In a high good humour, he had his hair cropped, where hitherto he had worn it long over his ears; Anne had liked him clean-shaven, thus he was also growing a beard, which he would never again shave off.
The legal process against the Queen began on 10 May when the Grand Jury of Middlesex found a True Bill against the accused on all the charges. On the following day, the Grand Jury of Kent did likewise. The case could now proceed to trial. The indictment drawn up by Cromwell was formidable. It asserted that Queen Anne, 'despising her marriage and entertaining malice against the King, and following daily her frail and carnal lust', had procured by various base means many of the King's servants to be her adulterers. Rochford, Norris, Weston, Brereton and Smeaton were named as those who had succumbed to her 'vile provocations'. Twenty separate offences were listed, yet the indictment also mentioned other unspecified ones, 'on divers days before and after 6 October 1533', something that Anne would have found very difficult to disprove - or the Crown to prove, for that matter. Nor had Cromwell checked his facts: some of the offences could not have been committed at all, because Anne was nowhere near the man in question at the time, or, on at least five occasions, was heavily pregnant. Mark Smeaton is described as 'a person of low degree', as if to emphasise how far the Queen had stooped for her pleasure, and over her alleged incestuous affair with Rochford, said to have begun in November 1534, the indictment bristled with righteous outrage, saying that Anne had 'procured her own natural brother to violate her, alluring him with her tongue in his mouth, and his tongue in hers, against the commands of Almighty God and all laws human and divine'. The charge of incest was meant to inspire horror and revulsion, but thanks to George Boleyn's testimony at his trial, it failed; it was the alleged affair with Smeaton that captured the public's imagination, and provided endless copy for writers throughout the sixteenth century.
The indictment also alleged that, from October 1534 onwards, the Queen and her lovers, jointly and severally, had plotted the King's death, Anne having promised to marry one of them afterwards; she had also told them 'she would never love the King in her heart'.
Henry, it concluded, had taken the news of this treachery so badly that 'certain harms and perils have befallen his royal body'. It must be said that none of these harms and perils was at all evident.
No mention had been made in the indictment of Wyatt and Page. In fact, Cromwell had already secretly informed Wyatt's father that his son would not be harmed, for the old man wrote to him on 11 May, saying that neither he nor his son would ever forget Mr Secretary's kindness.
On Friday, 12 May, the Duke of Norfolk, as High Steward of England, presided over the trial of Norris, Weston, Brereton and Smeaton at Westminster Hall. The Queen and Lord Rochford would be tried separately by their peers, a privilege reserved for the aristocracy only; their trials were set for the following Monday.
The accused men were brought by river to Westminster. Few details survive of the proceedings. Witnesses were called, and one member of the jury, Sir John Spelman, related that some were ladies of the court who testified to such promiscuity on the part of the Queen that it was said in court that there was 'never such a whore in the realm'. One witness repeated the words of a deceased Lady Wingfield, which was hearsay. At the end of it all, the jury returned a verdict of guilty, and the four men were condemned by Lord Chancellor Audley to be drawn, hanged, castrated and quartered. Chapuys says that Brereton was 'condemned on a presumption, not by proof or valid confession, and without any witnesses'. Most courtiers reacted to the verdict with sorrow, especially on behalf of Norris and Weston, both popular and respected men. Weston's family made frantic attempts to save his life, and on 13 May it was rumoured that he might escape the death sentence. But Lord Hussey, writing to Lord Lisle on 12 May, was of the opinion that all would suffer death, even the Queen and Rochford; Anne, he said, deserved it, for her crimes had been 'so abominable' that he prayed God would give her grace to repent.
The condemnation of the four men could not but presage an unfavourable outcome of Anne's own trial and that of her brother. Her reaction to the news of their sentence is unrecorded. Equally ominous was the dissolution of her household at Greenwich, by the King's command, on Saturday, 13 May, when her servants were discharged from their allegiance. Obviously her trial would be a mere formality.
On 14 May, Cromwell wrote to all England's ambassadors abroad, informing them of the action taken against the Queen and the judgement on the men accused with her: 'She and her brother shall be arraigned tomorrow,' he wrote, 'and will undoubtedly go the same way. I write no particularities, the things be so abominable.' Abroad, it was shrewdly concluded by some that the King had invented the whole thing to get rid of Anne, though her reputation was so poor that there were also a great many people who believed Henry's actions justified.
On the same day, Henry decided he could no longer live without Jane, and recalled her to London, where he installed her in the house of Sir Francis Bryan on the Strand, one mile from Whitehall, where he himself was now in residence. Here, Jane had her first taste of what it would be like to be a queen, being housed in great splendour, attired in rich garments, and waited on by the King's officers and servants, all wearing splendid liveries. She seems to have accepted her sudden elevation with complacent calm, wasting no pity on the woman she would shortly supplant. Indeed, she was awaiting the result of Anne's trial with barely concealed impatience.
Preparations for that trial, which would be held in the great hall of the Tower, had been made over the weekend. A raised platform was erected in the centre, around which were placed rows of benches, enough to accommodate the estimated 2,000 spectators who would be present. Chairs were provided for the twenty-six peers who would act as judges, and the Duke of Norfolk, as High Steward of England, was given a throne under a cloth of estate, for he represented the King. The hall has long since been demolished, but the seating placed there for the trial was still in existence in 1778.
This was the scene that greeted Anne when she was escorted into the court by Sir Edmund Walsingham, Sir William Kingston, Lady Boleyn, and the chief executioner, with his axe turned away from her. Her entry was impressive; she presented herself at the bar with considerable dignity, curtsying to the judges and looking about her without any sign of fear, as if she had been attending some great state occasion. Gone was the hysteria, the violent mood swings; Anne was now reconciled to the inevitability of death, but she was resolved not to go down without a fight. Cromwell, knowing this, was very tense before the trial, fearing that Anne's wit and courage would undermine his case and even secure an acquittal, something he found too awful to contemplate. Far too much was at stake, including his own neck.
When Anne was seated in a chair on the platform in the centre of the court, the indictment was read in all its detail. Her face, however, betrayed no emotion, even when another charge was added, that of having poisoned the late Queen Katherine and attempting to do the same to the Lady Mary. Instead, she listened patiently, then answered clearly to each charge, refuting them all firmly, and arguing her case with such clarity and good sense that her innocence, which she protested vehemently, seemed manifest to many of those watching her.
Nevertheless, when the twenty-six peers were asked to give their judgement upon the Queen, every one pronounced her guilty. Anne stood unmoved as they each rose in turn to give their verdict, carrying herself as if she was receiving some great honour. Outside, the people in the crowds that had gathered were telling each other incorrectly that Anne had cleared herself by a wise and noble speech.
Norfolk now pronounced sentence. However poor relations between him and his niece had been in recent months, family feeling took precedence at this point, and he wept as he addressed her:
Because thou hast offended our sovereign lord the King's Grace in committing treason against his person, the law of the realm is this: that thou shall be burnt here within the Tower of London on the Green, else to have thy head smitten off, as the King's pleasure shall be further known of the same.
There was a shriek from the gallery as Anne's old nurse, Mrs Orchard, gave way to hysterics. The Earl of Northumberland fainted, and had to be helped out - he was already mortally ill, and died some months later. But Anne received the sentence calmly, raising her eyes and saying, 'O Father, O Creator, Thou who art the Way, the Life, and the Truth, knowest whether I have deserved this death.' She said she was prepared to die, but was extremely sorry that others, innocent as she, should die through her. She believed she had been condemned for reasons other than the causes alleged, and swore she had always been faithful to the King, although
I do not say I have always shown him that humility which his goodness to me merited. I confess I have had jealous fancies and suspicions of him, which I had not discretion enough, and wisdom, to conceal. But God knows, and is my witness, that I have not sinned against him in any other way. Think not I say this in the hope to prolong my life. God hath taught me how to die, and He will strengthen my faith. As for my brother, and those others who are unjustly condemned, I would willingly suffer many deaths to deliver them, but since I see it pleases the King, I shall willingly accompany them in death, with this assurance, that I shall lead an endless life with them in peace.
Finally, she asked for time in which to prepare her soul for death. An anonymous Frenchman who was present recorded that her speech made even her bitterest enemies pity her.
Anne was then escorted from the court by the Constable, attended by Lady Kingston and Lady Boleyn, and the executioner with his axe turned towards her, signifying that she was condemned to die. After her departure, abuzz of conversation broke out, and the Lord Mayor expressed the opinion that 'he could observe nothing in the proceedings against her but that they were resolved to make an occasion to get rid of her'. Even Chapuys felt that Anne had been condemned upon a presumption and 'without valid proof or confession', and George Constantine told Cromwell 'there was much muttering of Queen Anne's death'.
After her condemnation, Anne was not taken back to the royal apartments, but was lodged instead in rooms in the Lieutenant's house (afterwards known as the Queen's House), a half-timbered building between the Bloody Tower and the Bell Tower. It was much altered in 1540, and has been restored since, but the first floor bedroom occupied by Anne still exists, with its linenfold panelling and stone fireplace, dominated by a great four-poster bed, and overlooking Tower Green (or East Smithfield Green, as it was then known) and the Royal Chapel of St Peter ad Vincula, which had not then acquired the reputation Macaulay gave it as 'the saddest spot on earth'.
There was no longer any need for the women to inform on Anne, and Mrs Cosyn was discharged at this point. She was replaced, at Anne's request, by her own niece, Katherine Carey, who was seven years old; it was not thought unsuitable in those days to expose such a young child to the realities of suffering and death.
Jane Seymour did not show herself in public on the day of the trial. She was much agitated about its outcome, and waited with her parents for news. Chapuys, who attended, had promised to tell them about it. In the morning, Jane had received a note from the King, telling her that at three o'clock she would hear of the condemnation of the Queen from Sir Francis Bryan, and this was exactly what did happen, to Jane's intense relief.
Rochford's trial followed that of his sister. The evidence for incest rested solely upon the fact that he had once been closeted for a long time alone with Anne. Chapuys says that Rochford's 'wicked wife' supplied this information, and the French poet Lancelot de Carles, a witness at the trial, quotes Rochford as saying, 'On the evidence of only one woman, you are prepared to believe this great evil of me.' Other witnesses felt that Lady Rochford had acted more out of envy and jealousy than loyalty to the King.
Rochford was also charged with having expressed doubts that Elizabeth was the King's daughter. He made no answer to this, but to the other charges he replied so well that bets were being laid on his acquittal. And he would perhaps have escaped the death penalty, had it not been for a letter from his wife, produced in court at the last minute and containing details of the 'accursed secret' he shared with the Queen. Again he denied these allegations eloquently and sensibly, confessing to nothing. There was one tense moment when he was handed a piece of paper on which was written a statement he had allegedly made to the effect that the King was impotent. This was too sensitive to be read out in court, and Rochford sealed his fate when he declared that he would not 'create suspicion in a manner likely to prejudice the issue the King might have from a second marriage', thereby implying what had been written and creating a sensation in court. 'I did not say it!' he cried, but it was too late. The twenty-six peers found him guilty by a unanimous decision, and Norfolk sentenced him to the full horrors of a traitor's death. Had he not been so proud, wrote Sir Thomas Wyatt, every man would have bemoaned his fate, if only for his great wit, but Rochford had alienated so many with his arrogance that few spoke up in his favour, although there were many who admired his courage at his trial.
The King, and most of his subjects, thought the sentences entirely justified. Told of Anne's spirited defence, Henry replied, 'She hath a stout heart, but she shall pay for it!' To celebrate the verdicts, he held a lavish river pageant, then went to supper at the house of the Bishop of Carlisle, where he produced a book he had written entitled The Tragedy about Anne. 'For a long time I foresaw this,' he said. Chapuys was present at that supper, and offered Henry his commiserations on the Queen's treachery. Henry answered complacently that many great men had suffered from the arts of wicked women, and he did not appear unduly upset. Then he left for the Strand, where he dined late with Jane on food prepared by his own cooks.
On 16 May, Chapuys noticed more and more courtiers going to pay their respects to Jane, while in the Strand the common people waited to catch a glimpse of her. Yet the ambassador was cynical: he thought the King 'may well divorce her when he tires of her'. Nor was Jane universally popular, for scurrilous ballads about her were circulating in London, which the King tried in vain to suppress; a letter he sent to her at this time, the only one to survive from their courtship, refers to this:
My dear friend and mistress,
The bearer of these few lines from thy entirely devoted servant
will deliver into thy fair hands a token of my true affection for
thee, hoping you will keep it for ever in your sincere love for me.
There is a ballad made lately of great derision against us; I pray you
pay no manner of regard to it. I am not at present informed who is
the setter forth of this malignant writing, but if he is found out, he
shall be straitly punished for it. Hoping shortly to receive you into
these arms, I end for the present
Your own loving servant and sovereign,
H. R.
On the day after Anne's trial, Kingston wrote to ask Cromwell, 'What is the King's pleasure touching the Queen, as for the preparation of scaffolds and other necessaries?' Neither he nor Anne knew as yet whether she was to be burned or beheaded, or even when. In fact, Henry was waiting for Cranmer to declare his marriage to Anne null and void. The Archbishop had been studying the relevant documents, but had faced severe difficulty in finding grounds for an annulment. Northumberland had angrily reaffirmed that there had never been a precontract between him and Anne. Nor dared Cranmer imply that the King's marriage to Katherine of Aragon had not been lawfully annulled. In the end, he seems to have found a legal loophole in connection with the King's liaison with Mary Boleyn, which had placed Henry and Anne within the forbidden degrees of affinity. The Pope had issued in 1528 a dispensation permitting them to marry when Henry was free, yet the 1534 Act of Supremacy had decreed that existing papal dispensations would no longer be held as valid if they were contrary to Holy Scripture and the law of God. Cranmer probably applied this ruling to the bull dispensing with Henry's relationship with Mary Boleyn, which meant that his marriage to Anne was incestuous and invalid; and in July 1536, Parliament would declare it void because of 'certain just, true and unlawful impediments' that were not known of when it was contracted.
On 16 May, Cranmer visited the Tower to offer some spiritual consolation to Anne and administer the Holy Sacrament. He also required the Queen's consent to the annulment of her marriage; she had her daughter's rights to consider, and had she disputed it the proceedings could have been very protracted. It may be that Cranmer offered her the easier death in return for her cooperation; even more probable is the likelihood that he held out the possibility of her being reprieved and sent into exile as bait, for when he left she was much more cheerful and told her ladies that 'she was to be banished', and thought she might be sent to a nunnery at Antwerp. This in itself would have been enough to make her agree to; everything Cranmer asked of her, even to abandoning her child's claim to the succession and condemning her to a lifetime marred by the stigma of bastardy.
The King had commuted the sentence on the condemned men to decapitation; the Lisle Letters make it clear that all of them, even Smeaton, died by the axe on the scaffold on Tower Hill, and not at Tyburn. They were told by Kingston on the evening of 16 May that they must prepare for death on the morrow. Rochford took it well, although he was worried that his debts had not been cleared. Kingston promised to raise the matter with Cromwell. Weston spent his last evening writing a farewell letter to his parents, asking them and his wife to forgive him all the wrongs he had done them, and calling himself 'a great offender to God'. Brereton's wife certainly believed her husband to be innocent, and kept the gold bracelet he sent her as a parting gift for their son in memory of his father.
The executions of the men took place early in the morning of Wednesday 17 May before large crowds. The Queen was taken beforehand to the Bell Tower, whose windows overlooked Tower Hill, so that she might watch them die; according to Chapuys, this greatly 'aggravated her grief. The condemned men all died 'charitably'. Rochford mounted the scaffold first, and made a long and pious speech of which there are three versions. According to the chronicler Charles Wriothesley, he said, 'Trust in God, and not in the vanities of the world, for if I had so done, I think I had been alive as ye be now.' He prayed that God would give the King a long and good life, then submitted to the axe. Weston followed: 'I thought little I would come to this,' he lamented. Then it was Norris's turn: he bravely declared that, 'in his conscience, he thought the Queen innocent of these things laid to her charge, and he would die a thousand deaths rather than ruin an innocent person.' Brereton died next. 'If any of them were innocent,' wrote George Constantine, 'it was he.' Only Smeaton was left. 'Masters,' he faltered, from a scaffold awash with blood, 'I pray you all pray for me, for I have deserved the death.' Within seconds, his head and body had joined the others in a cart standing beside the scaffold, which carried them back to St Peter ad Vincula within the Tower. Rochford was buried inside the chapel, and the rest in the adjacent churchyard, Weston and Norris in one grave, Brereton and Smeaton in the other. The heads were buried with the bodies, for the King had decided not to display them on poles above London Bridge, as was usually the case with those executed for treason.
Meanwhile, the Queen, much shaken, had returned to the Lieutenant's house. There was now no doubt in her mind that she would shortly follow the men to the scaffold, and all that concerned her now was to clear her name and prepare her soul for death. When Kingston came to tell her she must die the following morning, she asked him if any of those just executed had protested her innocence, and he told her that only Smeaton had confessed he deserved death. This upset Anne, and she cried,
Alas! Has he not then cleared me of the public shame he has brought me to? Alas, I fear his soul suffers for his false accusations! But for my brother and those others, I doubt not but they are now in the presence of that Great King before whom I am to be tomorrow.
Kingston was now able to tell Anne that she would not die at the stake, but suffer a quicker death by decapitation, and that the King, to ensure a swift and painless end for the woman he had once loved, had sent to St Omer in France for a headsman whose expertise in cutting off heads with a sword was renowned. The man was already on his way.
During the afternoon of 17 May, Archbishop Cranmer convened a court at Lambeth for the purpose of annulling the King's marriage to Anne Boleyn. Anne was represented by her proctor, Dr Nicholas Wotton, and it was he who heard Cranmer pronounce that her union with the King was invalid and therefore null and void, and her daughter a bastard. Afterwards, it was announced publicly that Anne had never been the lawful Queen of England. She would go to the scaffold as Lady Marquess of Pembroke.
On the green outside her window she could see workmen erecting a high scaffold, for which they would be paid 23. 6s. Sd. They continued working through the night in order to have it ready by nine o'clock the next morning, the time set for Anne's execution. It was practically impossible for Anne and her ladies to sleep. At 2.0 a.m. Anne's chaplain arrived, and she spent the rest of the night praying with him. Cranmer came to the Tower soon after dawn on 18 May, as he had promised, to hear Anne's last confession and administer Holy Communion. She sent for Kingston, that he might be present when she 'received the good Lord', and also so that he could hear her declare her innocence before God. He later informed the King that, both before and after receiving the Sacrament, Anne swore on the damnation of her soul that 'she had never been unfaithful to her lord and husband'. Her ladies, who were also present, repeated this to Chapuys, who reported to the Emperor that 'the Concubine' had affirmed that she had 'never offended with her body against the King'.
Shortly before nine o'clock, Kingston received word from Cromwell that the headsman had been delayed on the Dover road and would not be at the Tower until noon. Anne, who had steeled herself to face death that morning, was 'very sorry' to hear this, 'as I thought to be dead before this time, and past my pain'. Kingston told her 'it should be no pain, it was so subtle', to which she replied, 'I have heard say the executioner was very good, and I have a little neck.' And she put her hands around it, 'laughing heartily'. Kingston told Cromwell he had seen many men and women executed who had been in great sorrow, 'but, to my knowledge, this lady hath much joy and pleasure in death'. Kingston then cleared the Tower of foreigners, since the King would allow only his own subjects to witness Anne's execution. The Constable advised Cromwell to keep the time of the event a secret in order to avoid crowds of Londoners coming to watch, for he supposed 'she will declare herself to be a good woman for all men but the King at the hour of her death'.
When noon came, the executioner had still not arrived, and Kingston had to tell Anne that her ordeal would be prolonged until nine o'clock the next morning. She was visibly shaken by the news. It was not that she desired death, she said, but she thought herself prepared to die, and feared the delay might weaken her resolve. But somehow she got through the next hours, spending most of the time at prayer and the rest in conversation with her ladies, telling them she blamed Chapuys for what had befallen her. Chapuys later said he was glad to know that 'the English Messalina' had held him accountable for her doom. 'I was flattered by the compliment, for she would have cast me to the dogs!'
Meanwhile, at Lambeth, on 18 May, Cranmer issued a dispensation permitting the King's marriage to Jane Seymour even though the parties were within the forbidden degrees of affinity, for Jane's grandmother, Elizabeth Neville, was a cousin of Henry's great grandmother Cicely Neville, Duchess of York. Henry's behaviour during the days leading up to Anne's execution astonished everybody. Displaying great joie de vivre, he was, Chapuys tells us, 'Out to dinner, here, there and everywhere with the ladies,' returning along the river after midnight to the sound of music and singing. The Bishop of Carlisle, who had once again hosted a dinner for his king, afterwards told Chapuys that Henry had 'behaved with almost desperate gaiety'. The ambassador thought that the King's rejuvenation sprang from 'hope of change, a thing especially agreeable to this king', and the prospect of 'getting soon a fine horse to ride'. Regarding Anne, whom Chapuys referred to as 'that thin old woman', Henry now believed that more than a hundred men had slept with her, 'but you never saw a prince or husband make greater show or wear his horns more patiently and lightly than this one does. I leave you to imagine why.'
Chapuys noted that Wyatt and Page were still in the Tower, but once Anne had been disposed of they would be freed, Wyatt upon his father's surety of his good behaviour, and Page on condition that he never again came near the King or the court.
Henry spent the evening of 18 May at the Strand with Jane Seymour, who was richly dressed and already carrying herself like a queen. Chapuys thought her behaviour 'very commendable' at this time. It is tempting to wonder how often her thoughts dwelt upon her predecessor, who was now languishing only a mile away downriver, waiting for death.
Anne could not sleep that night. She prayed, and talked with her ladies. She was quite calm, and at times almost cheerful, saying that those people who thought up nicknames for royalty would be able to call her Queen Anne Lackhead after her death, managing to laugh as she spoke. Chapuys was later gratified to hear that Anne thought her execution was a divine judgement upon her for having treated the Lady Mary so badly, and for having conspired her death. 'No person ever showed greater willingness to die,' the ambassador wrote. Robbed of everything she held dear in the world, Anne was now eager to leave it, placing her hope and trust in the deity she so firmly believed in.
Alexander Aless, the Scots reformer, was still in London. For some days, he had remained indoors, so knew nothing of the outcome of Anne's trial. On the night of 18-19 May, he had a terrible
335nightmare, dreaming that he beheld the severed head of Queen Anne with its vertebrae, arteries and veins exposed in all their bloody horror. Much troubled by this, he rose early in the morning and made his way to Lambeth Palace, where he encountered the Archbishop in the gardens. Cranmer looked unutterably sad, and Aless asked what was troubling him. 'Do you not know what is to happen today?' asked Cranmer, sighing. 'She who has been the Queen of England on earth will today become a queen in Heaven.' And he sat down on a bench and wept, as Aless realised with a jolt what his dream had foretold.
At nine o'clock on Friday, 19 May 1536, Kingston appeared at the door to Anne's rooms. 'Madam, the hour approaches,' he said; 'you must make ready.' Anne answered fearlessly: 'Acquit yourself of your charge, for I have been long prepared.' He gave her a purse containing 20.00, so that she could pay the headsman for his services and distribute alms for the poor, then escorted her, her ladies following, down the stairs and out into the May sunshine where a small contingent of the Yeomen of the King's Guard awaited to conduct the prisoner to the scaffold.
A crowd of two or three thousand people had gathered around the scaffold, which was now draped with black cloth and strewn with straw. Cromwell, his son Gregory (soon to marry Jane Seymour's widowed sister Elizabeth), Lord Chancellor Audley and the ailing Duke of Richmond were all present, as was the Duke of Suffolk, but Norfolk had stayed away.
A great murmur rose from the crowd as Anne Boleyn advanced on her short walk to Tower Green. She wore a robe of dark grey or black damask, trimmed with fur, with a low square neck and a crimson kirtle; from her shoulders flowed a long white cape. She looked exhausted and dazed, which was partly the result of two sleepless nights and partly from apprehension; she also kept looking behind her, as if she expected at any moment to see the King's messenger come galloping into the Tower to bring word of a reprieve. If so, it was a vain hope.
On the scaffold the headsman, black-garbed and hooded, his sword hidden in the straw, waited with his assistant and a priest beside the low wooden block. Anne mounted the steps with great composure, and smiled as she gazed down on the people below her. She asked Kingston not to give the signal for her death until she had spoken 'that which she had a mind to say'. Then, with an untroubled countenance and a firm voice, she delivered a carefully prepared speech:
Good Christian people, I am come hither to die, according to law, and therefore I will speak nothing against it. I come here only to die, and thus to yield myself humbly to the will of the King, my lord. And if, in my life, I did ever offend the King's Grace, surely with my death I do now atone. I come hither to accuse no man, nor to speak anything of that whereof I am accused, as I know full well that aught I say in my defence doth not appertain to you. I pray and beseech you all, good friends, to pray for the life of the King, my sovereign lord and yours, who is one of the best princes on the face of the earth, who has always treated me so well that better could not be, wherefore I submit to death with good will, humbly asking pardon of all the world. If any person will meddle with my cause, I require them to judge the best. Thus I take my leave of the world, and of you, and I heartily desire you all to pray for me.
She then turned to her ladies, who had ascended the scaffold with her, and told them not to be sorry to see her die, begging their pardon for any harshness towards them, praying them to take comfort for her loss, and admonishing them to 'be always faithful to her whom with happier fortune ye may have as your queen and mistress'. Anne then gave her prayer book to Lady Lee; entitled The Hours of the Blessed Virgin Mary, it had been made and illuminated for Anne in France around 1528, and she had inscribed it: 'Remember me when you do pray, that hope doth lead from day to day.' The prayer book still survives, and is now at Hever Castle.
Her farewell speeches done, Anne knelt with the priest for some final prayers. Then, she rose and took off her French hood, beneath which she had on a coif over her long dark hair, bound high so as not to impede the headsman, who now knelt to ask her forgiveness for what he must do. This she granted, and gave him his fee. Then she unclasped her necklace and knelt before the block. One of her maids tied a blindfold round her eyes, then withdrew to join the other ladies, who were weeping in a corner of the scaffold. The crowd also knelt, out of respect for the passing of a soul. Then, as Anne prayed aloud, saying over and over again, 'Jesu, receive my soul! O Lord God, have pity on my soul! To Christ I commend my soul!', the executioner retrieved his sword and cut off her head 'before you could say a Paternoster', according to Sir John Spelman, who was present. Then the headsman picked up the head and held it aloft, crying, in heavily accented English, 'So perish all the King's enemies!' At this moment, the onlookers saw the dead woman's eyes and lips move, a reflex action resulting from the shock of decapitation to the nervous system, yet to Tudor eyes an almost supernatural phenomenon.
'The Queen died boldly,' Kingston wrote to Cromwell later. 'God take her to His mercy.' Quickly, the crowd dispersed, and soon Tower Green was deserted, save for the broken body on the scaffold and the four weeping ladies who kept vigil beside it. No coffin had been provided, but an arrow chest lay waiting beside the steps. Reverently the ladies lifted the pathetic remains into it, and covered them with a sheet. The chest was then carried into the Royal Chapel of St Peter ad Vincula, where it was buried in the choir that afternoon, Lady Lee being chief mourner.
As Anne's head fell in the straw, the guns on the Tower wharf signalled, in a resounding report, her end to the world. Few mourned her passing, yet within two weeks of her death there were circulating in London ballads portraying her as a much wronged heroine, thus giving birth to a legend that has persisted, with gathering momentum, ever since.
Thomas Boleyn, Earl of Wiltshire, a broken man, now retired to Hever with his countess. She died in 1538 and was buried in the Howard Aisle in Lambeth Church; Wiltshire died a year later, and was laid to rest in Hever Church beneath a fine brass. Their grandson, Henry Carey, was created Viscount Hunsdon by Elizabeth I, and was much favoured by her. His sister Katherine married Sir Francis Knollys, another of Elizabeth's courtiers, and George Boleyn's son, named after his father, became Dean of Lichfield.
In the royal palaces, carpenters, masons and sempstresses were set to work removing Anne's initial wherever it occurred, and replacing it with Jane's. Portraits of Anne were taken down and hidden away. It was as if she had never existed. And not once, during the years that were left to him, would the King be heard to utter her name again.