Tell this story how you may, and the evidence remains of guilt under any hypothesis—guilt such as in Grecian tragedy was seen thousands of years ago hanging in clouds of destiny over princely houses, and reading to them a doom of utter ruin, root and branch, in which, as in the anarchy of hurricanes, no form or feature was descried distinctly—nothing but some dim fluctuating phantom, pointing with recording finger to that one ancestral crime through which the desolation had been wrought.
Mr. Froude, through his natural sense of justice, and his deep study of the case, is unfavourably disposed towards the Lady Anne Boleyn: nevertheless he retains lingering doubts on her behalf, all of which, small and great, we have found reason to dismiss. We, for our parts, are thoroughly convinced of her guilt. Our faith is, that no shadow of any ground exists for suspending the verdict of the sentence; but at the same time for mitigating that sentence there arose this strong argument—namely, that amongst women not formally pronounced idiots, there never can have been one more pitiably imbecile.
There is a mystery hanging over her connection with the king which nobody has attempted to disperse. We will ourselves suggest a few considerations that may bring a little coherency amongst the scattered glimpses of her fugitive court life. The very first thought that presents itself, is a sentiment, that would be pathetic in the case of a person entitled to more respect, upon the brevity of her public career. Apparently she lost the king's favour almost in the very opening of her married life. But in what way? Not, we are persuaded, through the king's caprice. There was hardly time for caprice to have operated; and her declension in favour from that cause would have been gradual. Time there was none for her beauty to decay—neither had it decayed. We are disposed to think that in a very early stage of her intercourse with the king, she had irritated the king by one indication of mental imbecility rarely understood even amongst medical men—namely, the offensive habit of laughing profusely without the least sense of anything ludicrous or comic. Oxford, or at least one of those who shot at the Queen, was signally distinguished by this habit. Without reason or pretext, he would break out into causeless laughter, not connected with any impulse that he could explain. With this infirmity Anne Boleyn was plagued in excess. On the 2nd of May, 1536, the very first day on which she was made aware of the dreadful accusations hanging over her good name and her life, on being committed to the Tower, and taken by Sir William Kingston, the governor, to the very same chambers in which she had lain at the period of her coronation, she said, 'It' (meaning the suite of rooms) 'is too good for me; Jesu, have mercy on me;' next she kneeled down, 'weeping a great space.' Such are Sir William's words; immediately after which he adds, 'and in the same sorrow fell into a great laughing.' A day or two later than this, she said, 'Master Kingston, shall I die without justice?'—meaning, it seems, would she be put to death without any judicial examination of her case; upon which Sir William replied, 'The poorest subject the king hath, had justice'—meaning, that previously to such an examination of his case, he could not by regular course of justice be put to death. Such was the question of the prisoner—such was the answer of the king's representative. What occasion was here suggested for rational laughter? And yet laughter was her sole comment. 'Therewith,' says Sir William, 'she laughed.' On May 18th, being the day next before that of her execution, she said, 'Master Kingston, I hear say I shall not die afore noon; and I am very sorry therefore, for I thought to be dead by this time, and past my pain.' Upon this Sir William assured her 'it should be no pain, it was so subtle;' meaning that the stroke of a sword by a powerful arm, applied to a slender neck, could not meet resistance enough to cause any serious pain. She replied, 'I heard say the executioner was very good, and I have a little neck;' after which she laughed heartily. Sir William so much misunderstood this laughter, which was doubtless of the same morbid and idiotic character as all the previous cases, that he supposes her to have had 'much joy and pleasure in death,' which is a mere misconstruction of the case. Even in the very act of dying she could not check her smiling, which assuredly was as morbid in its quality and origin as what of old was known as 'risus sardonicus.'
Carrying along with us, therefore, a remembrance of this repulsive habit, which argues a silliness so constitutional, and noting also the obstinate (almost it might be called the brutal) folly with which, during the last seventeen days of her life, she persisted in criminating herself, volunteering a continued rehearsal of conversations the most profligate, under a mere instinct of gossiping, we shall begin to comprehend the levity which no doubt must have presided in her conversations with the king. Too evidently in a court but recently emerging from barbarism, there was a shocking defect of rules or fixed ceremonial for protecting the dignity of the queen and of her female attendants. The settlement of any such rules devolved upon the queen herself, in default of any traditional system; and unhappily here was a queen without sense, without prudence, without native and sexual dignity for suggesting or upholding such restraints, and whose own breeding and experience had been purely French. Strange it was that the king's good sense, or even his jealousy, had not peremptorily enjoined, as a caution of mere decency, the constant presence of some elderly matrons, uniting rank and station with experience and good sense. But not the simplest guarantees for ordinary decorum were apparently established in the royal household. And the shocking spectacle was daily to be seen, of a young woman, singularly beautiful, atrociously silly, and without common self-respect, styling herself Queen of England, yet exacting no more respect or homage than a housemaid, suffering young men, the most licentious in all England, openly to speculate on the contingency of her husband's death, to talk of it in language the coarsest, as 'waiting for dead men's shoes,' and bandying to and fro the chances that this man or that man, according to the whim of the morning, should 'have her,' or should not 'have her'—that is, have the reversion of the queen's person as a derelict of the king. All this, though most injurious to her prospects, was made known by Anne Boleyn herself to the female companions who were appointed to watch her revelations in prison. And certainly no chambermaid ever rehearsed her own colloquies with these vile profligates in a style of thinking more abject than did at this period the female majesty of England. Listening to no accuser, but simply to the unsolicited revelations of the queen herself, as she lay in bed amongst her female attendants in the Tower, every man of sense becomes aware, that if these presumptuous young libertines abstained from daily proposals to the queen of the most criminal nature, that could arise only from the reserve and suspicion incident to a state of rivalship, and not from any deference paid to the queen's personal pretensions, or to her public character.
Three years, probably one-half of that term, had seen the beginning, the decay, and the utter extinction of the king's affection for Anne. It is known now, and at the time it had furnished a theme for conjecture, that very soon after his marriage the king manifested uneasiness, and not long after angry suspicions, upon matters connected with the queen. We have no doubt that she herself, whilst seeking to amuse the king with fragments of her French experiences, had, through mere oversight and want of tact, unintentionally betrayed the risks to which her honour had been at times exposed. Without presence of mind, without inventive talent or rapidity of artifice, she would often compromise herself, and overshoot her momentary purposes of furnishing amusement to the king. He had heard too much. He believed no longer in her purity. And very soon, as a natural consequence, she ceased to interest him. The vague wish to get rid of her would for some time suggest no hopeful devices towards such a purpose. For some months, apparently, he simply neglected her. This neglect unhappily it was that threw her unprotected upon the vile society of young libertines. Two of these—Sir Henry Norris and Sir Francis Weston—had been privileged friends of the king. But no restraints of friendship or of duty had checked their designs upon the queen. Either special words, or special acts, had been noticed and reported to the king. Thenceforward a systematic watch had been maintained upon all parties. Discoveries more shocking than anybody looked for had been made. The guilty parties had been careless: blind themselves, they thought all others blind; but, during the April of 1536, the Privy Council had been actively engaged in digesting and arranging the information received.
On May-day, the most gladsome day in the whole year, according to the usages of that generation, the dreadful news transpired of the awful accusations and the impending trials. Smeton, a musician, was the only person not of gentlemanly rank amongst the accused. He was accused of adultery with the queen; and he confessed the offence; never retracting that part of his confession. In discussing the probabilities of the case, it is necessary to use special and extraordinary caution. The confession, for instance, of Anne herself has been treated as hollow and unmeaning; because, it is alleged, the king's promise of indulgence and favour to her infant daughter was purchased under the condition of confession. It is clear that such a traffic would not have been available except in special and exceptional cases. As to Smeton, he did not at all meet the king's expectations, except as to the one point of confessing the adultery. Consequently, as he was quite disinterested, had nothing at all to gain, and did gain nothing by his confession, him we are obliged to believe. On the other hand, the non-confession of some amongst the gentlemen, if any there were that steadfastly adhered to this non-confession, proves nothing at all; since they thought it perfidy to confess such a case against a woman. Meantime, Constantyne, a known friend of Sir H. Norris and of Sir W. Brereton, two of the four gentlemen accused, declares that, for himself, being a Protestant, and knowing the queen's secret leaning to that party, he and all other 'friends of the gospel' could not bring themselves to believe that the queen had behaved so abominably. 'As I may be saved before God,' he says, 'I could not believe it, afore I heard them speak at their death. But on the scaffold, in a manner all confessed, unless Norris; and as to him, what he said amounted to nothing.' The truth is, there occurred in the cases of these gentlemen a dreadful struggle. The dilemma for them was perhaps the most trying upon record. Gallantry and manly tenderness forbade any man's confessing, for a certain result of ruin to a woman, any treasonable instances of love which she had shown to him. Yet, on the other hand, to deny was to rush into the presence of God with a lie upon their lips. Hence the unintelligible character of their final declarations. Smeton, as no gentleman, was hanged. All the other four—Norris, Brereton, Weston, and Rochford—were beheaded. The four gentlemen and Smeton suffered all on the same day—namely, Wednesday, the 17th of May. Of all the five, Sir W. Brereton was the only one whose guilt was doubted. Yet he was the most emphatic in declaring his own guilt. If he could die a thousand deaths, he said, all would be deserved.
But the crime of all the rest seemed pale by the side of Rochford's. He had been raised to the peerage by Henry, as an expression of his kindness to the Boleyn family. He was the brother of Anne; and whilst the others had offended by simple adultery with Anne, his crime was incestuous adultery; and his dying words appeared (to the auditors), 'if not,' says Mr. Froude, 'a confession, yet something too nearly resembling it.'
From such dreadful offences, all readers are glad to hurry away; yet in one respect this awful impeachment has a reconciling effect. No reader after this wishes for further life to Anne. For her own sake it is plain that through death must lie the one sole peaceful solution of her unhappy and erring life. Some people have most falsely supposed that the case against the brother and sister, whatever might be pronounced upon the four other cases, laboured under antecedent improbabilities so great as to vitiate, or to load with suspicion, the entire case of the Privy Council. But, on the contrary, the shocking monstrosity of the charge strengthens the anti-Boleyn impeachment. As a means for getting rid of Anne, the Rochford case was not at all needed. If it could even in dreams be represented as false, the injury offered to the Boleyns, whilst quite superfluous for any purpose of Henry's, would be too atrocious an outrage upon truth and natural justice for human nature to tolerate. The very stones would mutiny against such a calumny coming as a crown or crest to other injuries separately unendurable, if they could once be regarded as injuries at all. Under these circumstances, what should we think of a call upon Lord Berkshire, the very father of Anne Boleyn, to sit as one of the judges upon the cases. Not, indeed, upon the cases of his son and his daughter; from such Roman trials of fortitude he was excused; but on the other cases he was required to officiate as one of the judges. And, in fact, the array of rank and splendour, as exhibited in the persons of those who composed the court, surpassed anything previously known in England. On the part of the crown, it was too keenly felt that the deep personal interest of the king, in obtaining liberty to form a new marriage connection with Jane Seymour, would triumphantly outweigh all the justice that ever could be arrayed against the two Boleyns. Nothing could win a moment's audience for the royal cause, except an unparalleled and matchless splendour in the composition of the court. This, therefore, was secured. Pretty nearly the whole peerage of that period was embattled upon the bench of judges.
Meantime, the tragedy, so far as the queen is concerned, took a turn which convicts all parties of a blunder; of a blunder the most needless and superfluous. This blunder was exposed by Bishop Burnet about a hundred and fifty years later, but most insufficiently exposed; and to this hour it has not been satisfactorily cleared up. Let us pursue the arrears of the case. The four gentlemen, together with Mark Smeton, were executed (as we have seen) on Wednesday, the 17th of May, 1536. Two days later Queen Anne Boleyn was brought out at noonday upon the verdant lawn within the Tower, and with very slight ceremonies she suffered decapitation. A single cannon-shot proclaimed to London and Westminster the final catastrophe of this unhappy romance. Anne had offered not one word of self-vindication on this memorable occasion; and, if her motive to so signal a forbearance were really consideration for the interests of her infant daughter, it must be granted that she exhibited, in the farewell act of her life, a grandeur of self-conquest which no man could have anticipated. For this act she has never received the homage which she deserved; whilst, on the other hand, praise most unmerited has been given for three centuries to the famous letter of self-defence which she is reputed to have addressed to the king at the opening of her trial. This letter, beyond all doubt a forgery, was first brought into effectual notice by the Spectator somewhere about 1710; and, whether authentic or not, is most injudiciously composed. It consists of five paragraphs, each one of which is pulling distractedly in contradictory directions.
Meantime, that or any other act of Anne Boleyn's was superseded by a fatal discovery, which changed utterly the relations of all parties, which in effect acquitted Anne of treason, and which summarily rehabilitated as untainted subjects of the king those five men who had suffered death in the character of traitors. The marriage of Anne to the king, it was suddenly discovered, had from the beginning been void. It is true that we have long ceased to accredit those objections from precontracts, &c., which in the papal courts would be held to establish a nullity. But we are to proceed by the laws as then settled. Grounds of scruple, which would now raise at most a mere case of irregularity, at that time, unless met ab initio by a papal dispensation, did legally constitute a flaw such as even a friendly pope could not effectually cure; far less that angry priest, blazing up with wrath, and at intervals meditating an interdict, who at present occupied the chair of St. Peter. Here was a discovery to make, after so much irreparable injustice had been already perpetrated! If (which is too certain), under the marriage laws then valid, Anne Boleyn never had been the lawful wife of Henry, then, as Bishop Burnet suddenly objected when too late by one hundred and fifty years, what became of the adultery imputed to Anne, and the five young courtiers? Not being the king's wife, both she was incapable in law of committing adultery as against the king, and by an inevitable consequence they were incapable of participating in a crime which she was incapable of committing.
When was this fatal blunder detected? Evidently before any of the victims had become cold in their graves. And the probability is—that, when the blunder was first perceived, the dreadful consequences of that blunder, and the legal relations of those consequences, were not immediately discerned. What convinces us of this is, that the first impulse of the king and his advisers, upon discovering through a secret communication made by Anne the existence of a precontract, and the consequent vitiation of her marriage with the king, had been, to charge upon Anne a new and scandalous offence. Not until they had taken time to review the case, did they become aware of the injustice that had been perpetrated by their own precipitance: and as this was past all reparation, probably it was agreed amongst the few who were parties to the fatal oversight, that the safest course was to lock up the secret in darkness. But it is singular to watch the fatality of error which pursued this ill-starred marriage. Every successive critic, in exposing the errors of his predecessor, has himself committed some fresh blunder. Bishop Burnet, for instance, first of all in a Protestant age indicated the bloody mistakes of papal lawyers in 1536; not meaning at all to describe these mistakes as undetected by those who were answerable for them. Though hushed up, they were evidently known to their unhappy authors. Next upon Burnet, down comes Mr. Froude. Burnet had shaped his criticism thus: 'If,' he says, 'the queen was not married to the king, there was no adultery.' Certainly not. But, says Mr. Froude, Burnet forgets that she was condemned for conspiracy and incest, as well as for adultery. Then thirdly come we, and reverting to this charge of forgetfulness upon Burnet, we say, Forgets! but how was he bound to remember? The conspiracy, the incest, the adultery, all alike vanish from the record exactly as the character of wife vanishes from Anne. With any or all of these crimes Henry had no right to intermeddle. They were the crimes of one who never had borne any legal relation to him; crimes, therefore, against her own conscience, but not against the king in any character that he was himself willing permanently to assume.
On this particular section of Henry's reign, the unhappy episode of his second wife, Mr. Froude has erred by insufficient rigour of justice. Inclined to do more justice than is usually done to the king, and not blind to the dissolute character of Anne, he has yet been carried, by the pity inalienable from the situation, to concede more to the pretences of doubt and suspense than is warranted by the circumstances of the case. Anne Boleyn was too surely guilty up to the height of Messalina's guilt, and far beyond that height in one atrocious instance.
Passing from that to the general pretensions of this very eloquent and philosophic book, we desire to say—that Mr. Froude is the first writer (first and sole) who has opened his eyes to comprehend the grandeur of this tremendous reign.