The two English Dukes, of Norfolk and Suffolk.[590] The one English Marquis, of Exeter. The Earls of Arundel, Oxford, Northumberland (the queen's early lover), Westmoreland, Derby, Worcester, Rutland, Sussex, and Huntingdon all the earls in the peerage except four—those of Shrewsbury, Essex, Cumberland, and Wiltshire. Why the first three were omitted I do not know. Lord Wiltshire had already fulfilled his share of the miserable duty; he was not compelled to play the part of Brutus, and condemn, in person, his two children. The remaining peers were the Lords Audeley, De la Ware, Montague, Morley, Dacre, Cobham, Maltravers, Powis, Mounteagle, Clinton, Sandys, Windsor, Wentworth, Burgh, and Mordaunt: twenty-seven in all: men hitherto of unblemished honour—the noblest blood in the realm.
Monday, May 15. Account of the trial in the Baga de Secretis.
These noblemen assembled in the Tower on the 15th of May. The queen was brought before them; and the record in the Baga de Secretis relates the proceeding as follows:—
"Before the Lord High Steward at the Tower, Anne, Queen of England, comes in the custody of Sir William Kingston, Constable of the Tower, and is brought to the bar. Being arraigned of the before-mentioned treasons, she pleads not guilty, and puts herself upon her peers; whereupon the Duke of Suffolk, Marquis of Exeter, and others the before-mentioned earls and barons, peers of the said queen, being charged by the said Lord High Steward to say the truth, and afterwards being examined severally by the Lord High Steward, from the lowest peer to the highest, each of them severally saith that she is guilty.
The queen is found guilty, and sentenced to be burned or beheaded at the king's pleasure.
"Judgment—that the queen be taken by the said Constable back to the king's prison within the Tower; and then, as the king shall command, be brought to the green within the said Tower, and there burned or beheaded, as shall please the king."[591]
In such cold lines is the story of this tragedy unrolling itself to its close. The course which it followed, however, was less hard in the actual life; and men's hearts, even in those stern times, could beat with human emotions. The Duke of Norfolk was in tears as he passed sentence.[592] The Earl of Northumberland "was obliged by a sudden illness to leave the court."[593] The sight of the woman whom he had once loved, and to whom he was perhaps married, in that dreadful position, had been more than he could bear; and the remainder of the work of the day went forward without him.
Lord Rochfort found guilty also.
The queen withdrew. Her brother took his place at the bar. Like Anne, he declared himself innocent. Like Anne, he was found guilty, and sentenced to die.[594]
We can form no estimate of the evidence; for we do not know what it was. We cannot especially accuse the form of the trial; for it was the form which was always observed. But the fact remains to us, that these twenty-seven peers, who were not ignorant, as we are, but were fully acquainted with the grounds of the prosecution, did deliberately, after hearing the queen's defence, pronounce against her a unanimous verdict. If there was foul play, they had advantages infinitely greater than any to which we can pretend for detecting it. The Boleyns were unpopular, and Anne herself was obnoxious to the imperialists and Catholics; but all parties, Catholic and Protestant alike, united in the sentence.