Biography of Thomas Audley 1st Baron Audley Walden 1488-1544

Letters and Papers Foreign and Domestic Henry VIII 1532. Grants in Sep 1532.

1. Anne Rocheford (Anne Boleyn (age 31)), one of the daughters of Thomas earl of Wiltshire and Ormond (age 55), keeper of the Privy Seal. Charter, granting her, in tail male, the title of marchioness of Pembroke. Witnesses not given [1 Sept.].— S.B. Pat. 24 Hen. VIII. p. 1, m. 26.

(2.) Two drafts of the preceding in R. O. in Wriothesley's hand, with witnesses as in the next charter.

2. Anne Rocheford, who was created marchioness of Pembroke on the 1st Sept. inst. Charter granting her and her heirs the prerogative and pre-eminence due to her title of marchioness in the realms of England and France. Witnesses: Edward archbp. of York; Stephen bp. of Winchester, the King's secretary; John bp. of London; Thomas duke of Norfolk (age 59), treasurer of England; Charles duke of Suffolk (age 48), steward marshal; Thomas earl of Wiltshire, keeper of the Privy Seal; John earl of Oxford (age 61), the King's chamberlain; George earl of Shrewsbury (age 64), steward of the King's household; Thomas Audeley (age 44), knt., keeper of the Great Seal; William lord Sandys of Vynes (age 62), chamberlain of the King's household; Walter Devereux lord Ferrers; William Fitzwilliam, treasurer of the King's household, and William Powlet, comptroller of the same, knts., and others. Windsor, 1 Sept. 24 Hen. VIII. — S.B. Pat. p. 1, m. 26.

(2.) Draft of the preceding in Wriothesley's hand in R. O.

3. Anne Rocheford, one of the daughters and heirs of Thomas earl of Wiltshire and Ormond, keeper of the Privy Seal, created marchioness of Pembroke by charter 1 Sept. 24 Hen. VIII. Annuity of £1,000. for life out of the issues of the honor, manor, or lordship of Hunnesdon, Herts, and of the manors of Stansted Abbot, Roydon, Bourehouse, Pisso, Filolls, and Coxhall, Herts and Essex; and of all Crown lands in co. Pembroke, and in Gilgarran, Emlyn, Diffrynbryan, Maynardove, Kenendrym, Llanstephan, Penryn, Oyesterlowe, Traynclynton, Westhaverforde, Llewelleston, Roche, Sayntismells, and Camrosse, S. Wales.— S B. (undated.) Pat. 24 Hen. VIII. p. 1, m. 25 (undated).

(2.) Fair copy of the preceding in R. O. Large paper, pp. 2.

Letters and Papers Foreign and Domestic Henry VIII 1535. 3rd June 1535. 815. Sir Thomas More (age 57) to Margaret Roper (age 30).

Writes, as it is likely she has heard that he was before the Council this day. Perceives little difference between this time and the last. As far as he can see, the whole purpose is to drive him to say precisely one way or the other. My lord of Canterbury (age 45), my Lord Chancellor (age 47), lords Suffolk (age 51) and Wiltshire (age 58), and Mr. Secretary (age 50), were here. Mr. Secretary said he had told the King about More's answer, and he was not content, but thought More had been the occasion of much grudge in the realm, and had an obstinate mind and an evil towards him, and he had sent them to command him to make a determinate answer whether he thought the statute lawful or no, and that he should either confess it lawful that the King should be Supreme Head of the Church of England, or else utter plainly his malignity. Answered that he had no malignity, and therefore could none utter, aud could make no answer but what he had made before. Is sorry that the King had such an opinion of him, but comforts himself, knowing that the time shall come when God shall declare his truth towards the King. His case is such that he can have no harm, though he may have pain, "for a man may in such a case lose his head, and have no harm." Has always truly used himself, looking first upon God and next upon the King, according to the lesson his Highness taught him at first coming to his service. Can go no further and make no other answer. To this the Lord Chancellor and Secretary said that the King might by his laws compel him to give an answer. Said this scemed hard, if his conscience were against it, to compel him to speak either to the loss of his soul or the destruction of his body. Mr. Secretary referred to More's having compelled heretics to answer whether they believed the Pope to be Head of the Church or not, and asked why the King should not similarly compel him? Replied that there was a difference between what was taken for an undoubted thing throughout Christendom, and a thing that was merely agreed in this realm, and the contrary taken for truth elsewhere. Mr. Secretary answered that they were as well burned for denying that, as they were beheaded for denying this, and therefore as good reason to compel men to answer one us the other. Answered that a man is not so bound in conscience by a law of one realm as by a law of Christendom; the reasonableness or unreasonableness of binding a man to answer stands not in the difference between heading and burning, but in the difference between heading and hell. In conclusion they offered him an oath to answer truly what wus asked him on the King’s behalf concerning his person. Said he never purposed to swear any book oath while he lived. They said he was very obstinate to refuse that, for every man does it in the Star Chamber and elsewhere. Replied that he could well conjecture what would be part of his interrogatories, and it was as well to refuse them at first as afterward. The interrogatories were then shown him, and they were two:—whether he had seen the statute, and whether he thought it a lawful made statute or not. Refused the oath, and said he had already confessed the first and would not answer the second. Was thereupon sent away. In the communication before, it was said that it was marvel that he stuck so much in his conscience while he was not sure therein. Said he was sure that his own conscience might very well stand with his own salvation. It was also said to him that if he had as soon be out of the world as in it, why did he not speak plain out against the statute; it was clear that he was not content to die, though he said so. Answered that he has not been a man of such holy living that he might be bold to offer himself for death, lest God, for his presumption, might suffer him to fall. In conclusion, Mr. Secretary said he liked him worse than the last time, for then he pitied him, but now he thought he meant not well. God knows he means well. Wishes his friends to be of good cheer and pray for him.

Headed: Another letter written and sent by Sir Thos. More to his daughter Mistress Rooper, written A.D. 1535, 27 Hen. VIII.

Wriothesley's Chronicle. 27th February 1536. The Soundaie of Quinquegesima, being the 27th daie of Februarie and Leepe yeare, a.d. 1536, preached at Paules Crosse [Map] the Bushoppe of Durhame, named Dr. Dunstall (age 62),^c sometime Bishopp of London, and afore that, being Master of the Rolls; and their were present at his sermon the Archbishopp of Canterberie (age 46) with eight other bishopps, sitting at the crosse before the preacher; and the Lorde Chauncellor of Englande (age 48), the Duke of Norfolke (age 63), the Duke of Suffolke, with six Erles and divers other lordes, stoode behinde the preacher within the pulpitt, and also fower monkes of the Charterhouse of London were brought to the said sermon, which denied the King (age 44) to be supreame heade of the Church of Englande. And their the said preacher declared the profession of the Bishopp of Rome when he is elected Pope, according to the confirmation of eight universall general counsells, which were congregate for the faith of all Christendome; and everie Pope taketh an othe on the articles, promising to observe, keepe, and hould all that the said counsells confirmed, and to dampne all that they dampned; and how he, contrarie to his oth, hath usurped his power and aucthoritie over all Christendome; and also how uncharitably he had handled our Prince, King Henrie the Eight, in marying [him to] his brother's wife, contrarie to Godes lawes and also against his owne promise and decrees, which he opened by scriptures and by the cannons of the Appostles; and also how everie Kinge hath the highe power under God, and ought to be the supreame head over all spirituall prelates, which was a goodlie and gracious hearing to all the audience being their present at the same sermon. And in his prayers he said, after this manner, ye shall pray for the universall church of all Christendome, and especiall for the prosperous estate of our Soveraigne and Emperour King Henrie the Eight, being the onelie supreame head of this realme of Englande; and he declared also in his said sermon how that the Cardinalls of Rome bee but curattes and decons of the cittie and province of Bome, and how that everie curate of any parrish have as much power as they have, according to scripture, save onelie that the Pope of Rome hath made them so high aucthorities onelie for to ezhalt his name and power in Christen realmes for covetousnes, as by his owne decrees he evidentlie their approved.

Note c. Cuthbert Tunstall, translated from London 25th March, 1530.

Spanish Chronicle Chapter 29. 2nd May 1536. The King then wished the Queen to be examined, and he sent Secretary Cromwell, the Archbishop of Canterbury (age 46), the Duke of Norfolk (age 63), and the Chancellor (age 48), who were expressly ordered by the King to treat her with no respect or consideration. They desired the Archbishop to be spokesman, and he said these words to her, "Madam, there is no one in the realm, after my lord the King, who is so distressed at your bad conduct as I am, for all these gentlemen well know I owe my dignity to your good-will;" and Anne, before he could say any more, interrupted him with, "My lord Bishop, I know what is your errand; waste no more time; I have never wronged the King, but I know well that he is tired of me, as he was before of the good lady Katharine." Then the Bishop continued, "Say no such thing, Madam, for your evil courses have been clearly seen; and if you desire to read the confession which Mark has made, it will be shown to you." Anne, in a great rage, replied, "Go to! It has all been done as I say, because the King has fallen in love, as I know, with Jane Seymour (age 27), and does not know how to get rid of me. Well, let him do as he likes, he will get nothing more out of me; and any confession that has been made is false."

With that, as they saw they should extract nothing from her, they determined to leave; but before doing so the Duke of Norfolk said to her, "Madam, if it be true that the Duke¹ your brother has shared your guilt, a great punishment indeed should be yours and his as well." To which she answered, "Duke, say no such thing; my brother is blameless; and if he has been in my chamber to speak with me, surely he might do so without suspicion, being my brother, and they cannot accuse him for that. I know that the King has had him arrested, so that there should be none left to take my part. You need not trouble to stop talking with me, for you will find out no more. "So they went away; and when they told the King how she had answered, he said, "She has a stout heart, but she shall pay for it;"...

Note 1. The chronicler is in error in calling the Queen's brother Duke. He was, of course, Viscount Rochford.

Wriothesley's Chronicle. 2nd May 1536. ... and the same daie, about five of the clocke at night^a, Anne Bolleine (age 35) was brought to the Towre of London by my Lord Chauncelor (age 48)^b, the Duke of Norfolke (age 63), Mr. Secretarie (age 51),^c and Sir William Kingston (age 60), Constable of the Tower; and when she came to the court gate,^d entring in, she fell downe on her knees before the said lordes, beseeching God to helpe her as she was not giltie of her accusement,^e and also desired the said lordes to beseech the Kinges grace to be good unto her, and so they left her their prisoner.^f

Note a. "In the afternoon." — Stow.

Note b. Sir Thomas Audley.

Note c. Sir Thomas Cromwell, afterwards Earl of Essex.

Note d. "Towergate" in Stow.

Note e. On her arrest she was informed of the accusation of adultery.

Note f. Anne's prison-chamber was that in which she had slept the night before her coronation.

Letters and Papers. 12 May. R. O. 848. Trial of Weston (age 25), Norris (age 54), and others.

Special commission of Oyer and Terminer for Middlesex to Sir Thomas Audeley, Chancellor, Thomas Duke of Norfolk (age 63), Charles Duke of Suffolk (age 52), John Earl of Oxford (age 65), Ralph Earl of Westmoreland (age 38), Thomas Earl of Wiltshire (age 59), Rob. Earl of Sussex, William lord Sandys, Thomas Crumwell (age 51), chief secretary, Sir William Fitzwilliam (age 46), Sir William Paulet (age 53), Sir John Fitzjames, Sir John Baldewyn, Sir Richard Lister, Sir John Porte, Sir John Spelman, Sir Walter Luke, Sir Ant. Fitzherbert, Sir Thomas Englefeld, and Sir William Shelley. Westm., 24 April 28 Henry VIII.

ii. The justices' precept to the sheriff of Middlesex for the return of the grand jury at Westminster on Wednesday, 10 May next. Dated 9 May 28 Henry VIII.—Grand jury panel annexed, 16 sworn.

iii. Indictment found in Middlesex against Anne Boleyn (age 35), &c. as in No. 876, with marginal note stating that it was sent before the Duke of Norfolk as steward of England, hac vice, as regards all matters touching the Queen and Lord Rochford (age 33).

iv. The justices' precept to the constable of the Tower to bring up Sir Francis Weston, Henry Noreys, William Bryerton, and Mark Smeton (age 24), at Westminster, on Friday next after three weeks of Easter. Westm., 10 May 28 Henry VIII.—With reply of the Constable endorsed.

v. The justices' precept to the sheriff of Middlesex for the return of the petty jury for the trial of Henry Noreys, William Bryerton, and Sir Francis Weston [here follows an erasure which evidently contained the name of Mark Smeaton]. Westm., 12 May 28 Henry VIII.—With panel annexed.

vi. Special commission of Oyer and Terminer for Kent, to Sir Thomas Audeley (age 48), Chancellor, Thomas Duke of Norfolk, Charles Duke of Suffolk, John Earl of Oxford, Ralph Earl of Westmoreland, Rob. Earl of Sussex, Thomas Crumwell, chief secretary, Sir William Fitzwilliam, Sir William Paulet, Sir John Fitzjames, Sir John Baldewyn, Sir Richard Lyster, Sir John Porte, Sir John Spelman, Sir Walter Luke, Sir Anth. Fitzherbert, Sir Thomas Englefeld, and Sir William Shelley. Westm., 24 April 28 Henry VIII.

vii. The justices' precept to the sheriff of Kent for the return of the grand jury at Deptford, on Thursday, 11 May. Endd. by Sir Edward Wotton, sheriff.—Panel of grand jury annexed.

viii. Indictment found in Kent, as in No. 876, with memorandum in margin, as in section iii.

ix. Record of the sessions holden Friday after three weeks of Easter 28 Henry VIII. before the above justices. Noreys, Bryerton, Weston, and Smeton were brought up in the custody of the constable of the Tower, when Smeton pleaded guilty of violation and carnal knowledge of the Queen, and put himself in the King's mercy. Noreys, Bryerton, and Weston pleaded Not guilty. The jury return a verdict of Guilty, and that they have no lands, goods, or chattels.

Judgment against all four as in cases of treason; execution to be at Tyburn.

The above file of documents is endorsed: "Sessiones Comitatuum Middlesexiæ et Kanciæ primo tentæ apud villam Westmonasterii in comitatu Midd. coram Thoma Audeley, milite, Cancellario Angliæ, et aliis, &c., et secundo tentæ apud Depford in comitatu Kanciæ coram Johanne Baldewyn, milite et aliis, anno regni Regis Henrici VIII. vicesimo octavo."

On 15th May 1536 Queen Anne Boleyn (age 35) tried at the King's Hall in the Tower of London [Map].

Thomas Howard 3rd Duke of Norfolk (age 63) was appointed Lord High Steward and presided. Henry Howard (age 20) attended. Henry Pole 1st Baron Montagu (age 44) was one of the judges. Elizabeth Browne Countess of Worcester (age 34) was the principal witness.

The jurors were:

Charles Brandon 1st Duke of Suffolk (age 52).

Edward Clinton 1st Earl Lincoln (age 24).

Thomas Fiennes 9th Baron Dacre Gilsland (age 21).

George Hastings 1st Earl Huntingdon (age 49).

Thomas Manners 1st Earl of Rutland (age 44).

John Mordaunt 1st Baron Mordaunt (age 56).

Ralph Neville 4th Earl of Westmoreland (age 38).

Henry Parker 11th Baron Marshal 10th Baron Morley (age 55).

Edward Stanley 3rd Earl of Derby (age 27).

Thomas Stanley 2nd Baron Monteagle (age 28).

John de Vere 15th Earl of Oxford (age 65).

Thomas Wentworth 1st Baron Wentworth (age 35).

Henry Somerset 2nd Earl of Worcester (age 40).

Henry Percy 5th Earl of Northumberland.

Thomas Burgh 7th Baron Cobham 5th Baron Strabolgi 1st Baron Burgh (age 48).

Henry Courtenay 1st Marquess Exeter (age 40).

William Fitzalan 11th or 18th Earl of Arundel (age 60).

Henry Fitzalan 12th or 19th Earl of Arundel (age 24).

Thomas Audley 1st Baron Audley Walden (age 48).

Edward Powers Lord Powers.

William Sandys 1st Baron Sandys Vyne (age 66).

Thomas Ware.

Andrew Windsor 1st Baron Windsor (age 69).

George Brooke 9th Baron Cobham (age 39).

She was found guilty and sentenced to be beheaded. John Spelman (age 56) signed the death warrant.

After Anne's trial her brother George Boleyn Viscount Rochford (age 33) was also tried and found guilty.