Trial of Anne and George Boleyn

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.

Letters and Papers. 15th May 1536. Hannaert has written to Granvelle on the 9th that he had just heard that the king of England's Concubine (age 35) had been surprised in bed with the King's organist (age 24). If this be so, as it is very probable that God has permitted it after her damnable life, we think the King will be more inclined to treat, especially as regards our cousin; but you must use great dexterity lest the King intend a marriage in France, and that he should rather choose one of his own subjects, either the one with whom he is in love or some other. We trust that if there be anything in it you will let us know with diligence. We send letters of credence for you for the dukes of Richmond, Norfolk, and Suffolk, and also for Cromwell, such as you will see by the copies. Pontremulo, 15 May 1536.

P.S.—Since the above was written your man George has arrived, who confirms the news touching the King's Concubine, and, as we suppose that the King will put her and her accomplices to death and take another wife, as he is of amorous complexion and always desires to have a male child, and as on the side of France they will not fail to offer him a match, you will suggest, when you can, to him or Cromwell, a marriage with the Infanta of Portugal, daughter of our sister the queen of France, who has 400,000 ducats dowry by testament. Another marriage might be arranged for the Infant Don Loys of Portugal, our brother-in-law, with the princess of England. You must point out to them that these matches would be very expedient, both to remove past scruples and to promote strict amity between us, him, and Portugal, and would be very advantageous to England in case the King should have a male child by this marriage, as he may reasonably hope from the youth and bringing up of the Infanta. If you see the King not inclined to these marriages you might propose one between the King and our niece, the duchess dowager of Milan, a beautiful young lady, well brought up and with a good dowry; treating at the same time of the other marriage between Don Loys and our cousin. But we should greatly prefer the former match with the Infanta, for the good of both, and in order to be able to dispose of our niece of Milan otherwise. Bersel, 15 May 1536. Fr., from a modern copy, pp. 3.

Wriothesley's Chronicle [1508-1562]. 15th May 1536. And first the Kinges commission was redd, and then the Constable of the Tower (age 60)^e and the Lieutenant (age 56) brought forthe the Queene (age 35) to the barre, where was made a chaire for her to sitt downe in, and then her indictment was redd afore her,^g whereunto she made so wise and discreet aunsweres to all thinges layde against her, excusinge herselfe with her wordes so clearlie, as thoughe she had never bene faultie to the same,^a and at length putt her to the triall of the Peeres of the Realme, and then were 26 of the greatest peeres there present chosen to passe on her, the Duke of Suffolke beinge highest, and, after they had communed together, the yongest lorde of the saide inquest was called first to give verdict, who sayde guiltie, and so everie lorde and earle after their degrees sayde guiltie to the last and so condemned her. And then the Duke of Northfolke (age 63) gave this sentence on her, sayinge: Because thou haste offended our Sovereigne the Kinges grace, in committinge treason against his person, and here attaynted of the same,' the lawe of the realme is this, that thou haste deserved death, and thy judgment is this: That thow shalt be brent here within the Tower of London on the Greene [Map], els to have thy head smitten of as the Kinges pleasure shal be further knowne of the same; and so she was brought to warde agayne, and two ladies wayted on her, which came in with her at the first, and wayted still on her, whose names were the Ladie Kingstone (age 60) and the Ladie Boleyn (age 56), her aunte.

Note e. Sir William Kingston.

Note f. Sir Edmond Walsingham.

Note g. Her indictment, which comprised six sereral charges, is preserred in the Public Record Office, with the subsequent proceedings thereon.

Note a. Upon her examination she positively denied she had ever been false to the King; but, being told that Norris, Weston, Brereton, and Smeton had accused her, she said she ought not to conceal certain things which had passed between her and them. See Burnet, tom, i. pp. 191, 280, &c.

Letters and Papers. 15th May 1536. R. O. 876. Trial of Anne Boleyn (age 35) and Lord Rochford (age 33).

Record of pleas held at the Tower of London before Thomas Duke of Norfolk (age 63), treasurer and Earl marshal, lord high steward, citing:—

1. Patent appointing the said Duke steward of England hac vice for the trial of queen Anne and Lord Rochford. Westm., 12 May 28 Henry VIII.

2. Mandate to Sir John Baldewyn, Sir Richard Lister, Sir John Porte, Sir John Spelman, Sir Walter Luke, Sir Anth. Fitzherbert, Sir Thos. Englefeld, and Sir William Shelley, special commissioners of Oyer and Terminer for Middlesex, to return all indictments found against queen Anne and Lord Rochford. Westm., 13 May 28 Henry VIII.

3. Similar mandate to Sir John Baldewyn, Sir Walter Luke, Sir Anth. Fitzherbert, and Sir William Shelley, special commissioners for Kent. Westm., 13 May 28 Henry VIII.

4. Mandate to Sir William Kyngestone, constable of the Tower, to bring queen Anne and Lord Rochford before the Lord High Steward when required. Westm., 13 May 28 Henry VIII.

5. The Lord High Steward issued his precept, 13 May, to Sir John Baldewyn and his fellows in Middlesex, to return the indictments at the Tower before him on Monday, 15 May, and a similar precept to Sir J. Baldewyn, Luke, and his fellows in Kent; a third precept to the constable of the Tower to bring queen Anne and Lord Rochford that day before him; and a fourth to Ralph Felmyngham, serjeant-at-arms, to summon such and so many lords of the kingdom, peers of the said queen Anne and Lord Rochford, by whom the truth may appear.

6. Pleas held before the Duke of Norfolk, steward of England, at the Tower, on Monday, 15 May 28 Henry VIII.

The justices bring in the indictments for Middlesex and Kent, Sir William Kingston (age 60) produces the prisoners, and Ralph Felmyngham declares that he has summoned the peers. Proclamation being then made, the peers answer to their names; viz., Charles Duke of Suffolk (age 52), Henry marquis of Exeter, William Earl of Arundel, John Earl of Oxford (age 65), Henry Earl of Northumberland (age 34), Ralph Earl of Westmoreland (age 38), Edward Earl of Derby (age 27), Henry Earl of Worcester, Thomas Earl of Rutland (age 44), Rob. Earl of Sussex, George Earl of Huntingdon, John lord Audeley, Thos. lord La Ware, Henry lord Mountague, Henry lord Morley, Thos. lord Dacre, George lord Cobham, Henry lord Maltravers, Edward lord Powes, Thos. lord Mount Egle, Edward lord Clynton, William lord Sandes, Andrew lord Wyndesore, Thos. lord Wentworth, Thos. lord Burgh, and John lord Mordaunt.

7. Indictment found at Westminster on Wednesday next after three weeks of Easter, 28 Henry VIII.¹ before Sir John Baldwin, &c., by the oaths of Giles Heron (age 32), Roger More, Richard Awnsham, Thos. Byllyngton, Gregory Lovell, Jo. Worsop, William Goddard, William Blakwall, Jo. Wylford, William Berd, Henry Hubbylthorn, William Hunyng, Rob. Walys, John England, Henry Lodysman, and John Averey; who present that whereas queen Anne has been the wife of Henry VIII. for three years and more, she, despising her marriage, and entertaining malice against the King, and following daily her frail and carnal lust, did falsely and traitorously procure by base conversations and kisses, touchings, gifts, and other infamous incitations, divers of the King's daily and familiar servants to be her adulterers and concubines, so that several of the King's servants yielded to her vile provocations; viz., on 6th Oct. 25 Henry VIII., at Westminster, and divers days before and after, she procured, by sweet words, kisses, touches, and otherwise, Henry Noreys, of Westminster, gentle man of the privy chamber, to violate her, by reason whereof he did so at Westminster on the 12th Oct. 25 Henry VIII.; and they had illicit intercourse at various other times, both before and after, sometimes by his procurement, and sometimes by that of the Queen. Also the Queen, 2 Nov. 27 Henry VIII. and several times before and after, at Westminster, procured and incited her own natural brother, George Boleyn, Lord Rochford, gentleman of the privy chamber, to violate her, alluring him with her tongue in the said George's mouth, and the said George's tongue in hers, and also with kisses, presents, and jewels; whereby he, despising the commands of God, and all human laws, 5 Nov. 27 Henry VIII., violated and carnally knew the said Queen, his own sister, at Westminster; which he also did on divers other days before and after at the same place, sometimes by his own procurement and sometimes by the Queen's. Also the Queen, 3 Dec. 25 Henry VIII., and divers days before and after, at Westminster, procured one William Bryerton, late of Westminster, gentleman of the privy chamber, to violate her, whereby he did so on 8 Dec. 25 Henry VIII., at Hampton Court, in the parish of Lytel Hampton, and on several other days before and after, sometimes by his own procurement and sometimes by the Queen's. Also the Queen, 8 May 26 Henry VIII., and at other times before and since, procured Sir Fras. Weston, of Westminster, gentleman of the privy chamber, &c., whereby he did so on the 20 May, &c. Also the Queen, 12 April 26 Henry VIII., and divers days before and since, at Westminster, procured Mark Smeton (age 24), groom of the privy chamber, to violate her, whereby he did so at Westminster, 26 April 27 Henry VIII.

Moreover, the said Lord Rochford, Norreys, Bryerton, Weston, and Smeton, being thus inflamed with carnal love of the Queen, and having become very jealous of each other, gave her secret gifts and pledges while carrying on this illicit intercourse; and the Queen, on her part, could not endure any of them to converse with any other woman, without showing great displeasure; and on the 27 Nov. 27 Henry VIII., and other days before and after, at Westminster, she gave them great gifts to encourage them in their crimes. And further the said Queen and these other traitors, 31 Oct. 27 Henry VIII., at Westminster, conspired the death and destruction of the King, the Queen often saying she would marry one of them as soon as the King died, and affirming that she would never love the King in her heart. And the King having a short time since become aware of the said abominable crimes and treasons against himself, took such inward displeasure and heaviness, especially from his said Queen's malice and adultery, that certain harms and perils have befallen his royal body.

And thus the said Queen and the other traitors aforesaid have committed their treasons in contempt of the Crown, and of the issue and heirs of the said King and Queen.

8. Record of indictment and process before Baldewyn, Luke, and others, in co. Kent.

The indictment found at Deptford, on Thursday, 11 May 28 Henry VIII., is precisely similar in character to the Middlesex indictment, except as regards times and places; viz., that the Queen at Estgrenewyche, 12 Nov. 25 Henry VIII., and divers days before and since, allured one Henry Noreys, late of Est Grenewyche, to violate her, whereby he did so on the 19 Nov., &c.; that on 22 Dec. 27 Henry VIII., and divers other days, at Eltham, she allured George Boleyn, Lord Rochford, &c., whereby he did so, 29 Dec., &c.; that on the 16 Nov. 25 Henry VIII., and divers, &c., at Est Grenewyche, she allured one William Bryerton, late of Est Grenewyche, &c., whereby he did so, 27 Nov., &c.; that on the 6 June 26 Henry VIII., &c., at Est Grenewyche, she allured Sir Fras. Weston, &c., whereby he did so, 20 June, &c.; that on the 13 May 26 Henry VIII. &c., at Est Grenewyche, she allured Mark Smeton, &c., whereby he did so, 19 May 26 Henry VIII.

And further that the said Boleyn, &c. grew jealous of each other; and the Queen, to encourage them, at Eltham, 31 Dec. 27 Henry VIII., and divers times before and since, made them presents, &c.; that the Queen and the others, 8 Jan. 27 Henry VIII., conspired the King's death, &c., and that she promised to marry one of the traitors whenever the King was dead, affirming she would never love him, &c.

And afterwards, Monday, 15 May, queen Anne comes to the bar before the Lord High Steward in the Tower, in the custody of Sir William Kingston, pleads not guilty, and puts herself on her peers; whereupon the said Duke of Suffolk, marquis of Exeter, and other peers, are charged by the High Steward to say the truth; and being examined from the lowest peer to the highest, each of them severally saith that she is guilty.

Judgment:—To be taken to prison in the Tower, and then, at the King's command, to the Green within the Tower, and there to be burned or beheaded as shall please the King.

The same day, Lord Rochford is brought before the High Steward in the custody of Sir William Kingston, and pleads not guilty. The peers are charged, with the exception of the Earl of Northumberland, who was suddenly taken ill, and each of them severally saith that he is guilty.

Judgment:—To be taken to prison in the Tower, and then drawn through the city of London, to the gallows at Tyburn, &c., as usual in high treason.

R. O. 2. Originals of the above indictments, commission to the Lord High Steward, mandates and precept, with the original panel of peers. Several of these documents are a good deal injured.

Note 1. See Report III. of Dep. Keeper of the Pub. Records, App. ii. 243. The whole of the proceedings are printed by Mr. Hamilton in the Appendix to Vol. I. of Wriothesley's Chronicle.

Calendar of State Papers Foreign Series Elizabeth I 1558-1559 Volume 1. [15th May 1536] 25. The Queen was accused of having danced in the bedroom with the gentlemen of the King's chamber [cum cubiculariis regis] and of having kissed her brother, Lord Rochfort. When she made no answer to these accusations, the King's syndic or proctor, Master Polwarck, produced certain letters and bawled out that she could not deny she had written to her brother, informing him that she was pregnant. Still she continued silent.

26. When the sentence of death was pronounced, the Queen raised her eyes to heaven, nor did she condescend to look at her judges, but went to the place of execution. Kneeling down, she asked that time for prayer should be granted her. When she had ceased praying, she herself arranged her hair, covered her eyes, and commanded the executioner to strike.

27. The Queen exhibited such constancy, patience, and faith towards God that all the spectators, even her enemies, and those persons who previously had rejoiced at her misfortune out of their hatred to the doctrine of the religion which she had introduced into England, testified and proclaimed her innocence and chastity.

28. “Without being questioned they themselves answered the accusations brought against the Queen. It is no new thing, said they, that the King's Chamberlains should dance with the ladies in the bedchamber. Nor can any proof of adultery be collected from the fact that the Queen's brother took her by the hand and led her into the dance among the other ladies, or handed her to another, especially if that person was one of the royal chamberlains. For it is a usual custom thougliout the whole of Britain that ladies married and unmarried, even the most coy, kiss not only a brother, but any honourable person, even in public. It is the custom also with young women to write to their near relatives when they have become pregnant, in order to receive their congratulations. The King also was most anxious for an heir, and longed for nothing more than to know that the Queen was pregnant.

29. From such arguments as those which were advanced against the Queen they affirmed that no probable suspicion of adultery could be collected; and that therefore there must have been some other reason which moved the King. Possibly it might be the same as that which induced him to seek for a cause of divorce from his former Queen, namely, the desire of having an heir.

30. He was still further strengthened in his desire for a new marriage by perceiving that all the male children to which the Queen gave birth came into the world dead, and that for some years past she had not conceived. For the King was apprehensive that after his own decease civil wars would break out, and that the crown would again be transferred to the family of the White Rose if he left no heir behind him.

31. And further, the King was angry with the Queen because of the want of success which attended the embassy which, at her instigation, he had despatched into Germany, the Princes of which would not enter into a league with him against the Emperor, unless for the defence of the purer doctrine. They demanded more money than he was willing to give, nor would they permit Philip [Melanctlion] to come into England. And the King was exceedingly indignant because the Princes of Germany doubted his faith.

Letters and Papers. 15th May 1536. 908. Chapuys (age 46) to Charles V.

On the 15th the said Concubine and her brother (age 33) were condemned of treason by all the principal lords of England, and the Duke of Norfolk (age 63) pronounced sentence. I am told the Earl of Wiltshire (age 59) was quite as ready to assist at the judgment as he had done at the condemnation of the other four. Neither the putain (age 35) nor her brother was brought to Westminster like the other criminals. They were condemned within the Tower, but the thing was not done secretly, for there were more than 2,000 persons present. What she was principally charged with was having cohabited with her brother and other accomplices; that there was a promise between her and Norris (age 54) to marry after the King's death, which it thus appeared they hoped for; and that she had received and given to Norris certain medals, which might be interpreted to mean that she had poisoned the late Queen and intrigued to do the same to the Princess. These things she totally denied, and gave to each a plausible answer. Yet she confessed she had given money to Weston (age 25), as she had often done to other young gentlemen. She was also charged, and her brother likewise, with having laughed at the King and his dress, and that she showed in various ways she did not love the King but was tired of him. Her brother was charged with having cohabited with her by presumption, because he had been once found a long time with her, and with certain other little follies. To all he replied so well that several of those present wagered 10 to 1 that he would be acquitted, especially as no witnesses were produced against either him or her, as it is usual to do, particularly when the accused denies the charge.

I must not omit, that among other things charged against him as a crime was, that his sister had told his wife (age 31) that the King "nestoit habile en cas de soy copuler avec femme, et quil navoit ne vertu ne puissance¹." This he was not openly charged with, but it was shown him in writing, with a warning not to repeat it. But he immediately declared the matter, in great contempt of Cromwell and some others, saying he would not in this point arouse any suspicion which might prejudice the King's issue. He was also charged with having spread reports which called in question whether his sister's daughter was the King's child. To which he made no reply. They were judged separately, and did not see each other. The Concubine was condemned first, and having heard the sentence, which was to be burnt or beheaded at the King's pleasure, she preserved her composure, saying that she held herself "pour toute saluee de la mort²," and that what she regretted most was that the above persons, who were innocent and loyal to the King, were to die for her. She only asked a short space for shrift (pour disposer sa conscience³). Her brother, after his condemnation, said that since he must die, he would no longer maintain his innocence, but confessed that he had deserved death. He only begged the King that his debts, which he recounted, might be paid out of his goods.

Although everybody rejoices at the execution of the putain, there are some who murmur at the mode of procedure against her and the others, and people speak variously of the King; and it will not pacify the world when it is known what has passed and is passing between him and Mrs. Jane Semel (age 27). Already it sounds ill in the ears of the people, that the King, having received such ignominy, has shown himself more glad than ever since the arrest of the putain; for he has been going about banqueting with ladies, sometimes remaining after midnight, and returning by the river. Most part of the time he was accompanied by various musical instruments, and, on the other hand, by the singers of his chamber, which many interpret as showing his delight at getting rid of a "maigre vieille et mechante bague⁴," with hope of change, which is a thing specially agreeable to this King. He supped lately with several ladies in the house of the Bishop of Carlisle, and showed an extravagant joy, as the said Bishop came to tell me next morning, who reported, moreover, that the King had said to him, among other things, that he had long expected the issue of these affairs, and that thereupon he had before composed a tragedy, which he carried with him; and, so saying, the King drew from his bosom a little book written in his own hand, but the Bishop did not read the contents. It may have been certain ballads that the King has composed, at which the putain and her brother laughed as foolish things, which was objected to them as a great crime.

Note 1. "was not skilful in case of copulating with a woman, and that he had neither virtue nor power".

Note 2. "for every death salute".

Note 3. to dispose of one's conscience.

Note 4. skinny old nasty ring

Note 5. This part of the letter was written on the 17th. See further on, at the beginning of the last paragraph.

Letters and Papers. 24th May 1536. Add. MS. 8,715, f. 252. B. M. 956. Bishop of Faenza (age 36) to Mons. Ambrogio.

According to information from England, received by the King yesterday, on the 15th inst. the Queen (deceased) was degraded, and the following day was to be executed,—either burnt or beheaded; but first her brother (deceased), four gentlemen, and an organist (deceased), with whom she had misconducted herself, were to be quartered in her presence. It is not true that her father (age 59) and mother were imprisoned, but the former, being on the Council, was present at his daughter's sentence. All was done in the presence of the French ambassador only. It is said that the King has been in danger of being poisoned by that lady for a whole year, and that her daughter (age 2) is supposititious, being the child of a countryman (villano); but these particulars are not known for certain, according to what the King said today. The discovery was owing to words spoken by the organist from jealousy of others. They are expecting now the declaration of the true daughter to reinstate her and annul what was done in favour of the other. Has not omitted to show what may be done on this occasion for the honor of God, &c. The French king answered that he ardently desired to bring back Henry to the Church, and that he would not fail in endeavouring to do so. He knows that the Imperialists have offered the king of England the queen of Hungary as a wife, but it is thought he will not take her, as she is in bad health, and not fit to bear children. He has today sent a person to his Ambassador about these affairs. He thinks it would be easy to bring back the King if it were not for his avarice, which is increased by the profit he draws from Church goods. The English ambassadors here are in very great joy. Knowing that one of them was a good man, and a friend of his, caused the opportunity and advantage of the King's coming back to the Pope to be shown to him; and that he should be neutral, and give the Emperor and (French) king to understand that he would oppose whoever refused peace; that there was not a better opportunity of wiping out the stains on his character, and making himself the most glorious King in the world; that every one should do his duty, and they would find in the Pope that true piety and goodness which ought now to be known to all the world. The Ambassador, and Winchester also, who is the other, thanked him, saying, with many tears, that this was their only desire, and they would do their part, so that they hoped we should soon embrace each other.

Ital., modern copy, pp. 6. Headed: Al Signor Protonotario Ambrogio, Da Lione, li 24 Maggio 1536.