July 1.
By Reason of Will's minding to be present at the Triall, which, for the Concourse of Spectators, demanded his earlie Attendance, he committed the Care of me, with Bess, to Dancey, who got us Places to see Father on his Way from the Tower to Westminster Hall. We coulde not come at him for the Crowd, but clambered on a Bench to gaze our very Hearts away after him as he went by, sallow, thin, grey-haired, yet in Mien not a Whit cast down. Wrapt in a coarse woollen Gown, and leaning on a Staff; which unwonted Support when Bess markt, she hid her Eyes on my Shoulder and wept sore, but soon lookt up agayn, though her Eyes were soe blinded, I think she coulde not see him. His Face was calm, but grave, as he came up, but just as he passed he caughte the Eye of some one in the Crowd, and smiled in his old, frank Way; then glanced up towards the Windows with the bright Look he hath soe oft cast to me at my Casement, but saw us not. I coulde not help crying "Father," but he heard me not; perchance 'twas soe best.... I woulde not have had his Face cloud at the Sighte of poor Bessy's Tears.
... Will tells me the Indictment was the longest ever hearde; on four Counts. First, his Opinion on the King's Marriage. Second, his writing sundrie Letters to the Bishop of Rochester, counselling him to hold out. Third, refusing to acknowledge his Grace's Supremacy. Fourth, his positive Deniall of it, and thereby willing to deprive the King of his Dignity and Title.
When the reading of this was over, the Lord Chancellor sayth, "Ye see how grievouslie you have offended the King his Grace, but and yet he is soe mercifulle, as that if ye will lay aside your Obstinacie, and change your Opinion, we hope ye may yet obtayn Pardon."
Father makes Answer ... and at Sounde of his deare Voyce alle Men hold their Breaths; ... "Most noble Lords, I have great Cause to thank your Honours for this your Courtesie ... but I pray Almighty God I may continue in the Mind I'm in, through his Grace, until Death."
They coulde not make goode their Accusation agaynst him. 'Twas onlie on the Last Count he could be made out a Traitor, and Proof of't had they none; how coulde they have? He shoulde have beene acquitted out of hand, 'steade of which, his bitter Enemy my Lord Chancellor called on him for his Defence. Will sayth there was a generall Murmur or Sigh ran through the Court. Father, however, answered the Bidding by beginning to expresse his Hope that the Effect of long Imprisonment mighte not have beene such upon his Mind and Body, as to impair his Power of rightlie meeting alle the Charges agaynst him ... when, turning faint with long standing, he staggered and loosed Hold of his Staff, whereon he was accorded a Seat. 'Twas but a Moment's Weakness of the Body, and he then proceeded frankly to avow his having always opposed the King's Marriage to his Grace himself, which he was soe far from thinking High Treason, that he shoulde rather have deemed it Treachery to have withholden his Opinion from his Sovereign King when solicited by him for his Counsell. His Letters to the good Bishop he proved to have been harmlesse. Touching his declining to give his Opinion, when askt, concerning the Supremacy, he alleged there coulde be noe Transgression in holding his Peace thereon, God only being cognizant of our Thoughts.
"Nay," interposeth the Attorney Generall, "your Silence was the Token of a malicious Mind."
"I had always understoode," answers Father, "that Silence stoode for Consent. Qui tacet, consentire videtur;" which made Sundrie smile. On the last Charge, he protested he had never spoken Word against the Law unto anie Man.