That it was not accident which connected the outburst of the storm on Anne’s head with the political negotiations is certain from Cromwell’s own words. He told Chapuys that it was the disappointment which he had felt at the King’s reply to him on the Wednesday after Easter that had led him to apply the match to the train.[392]

A casual incident came to his assistance. A Privy Councillor, whose name is not mentioned, having remarked sharply on the light behaviour of a sister who was attached to the court, the young lady admitted her offence, but said it was nothing in comparison with the conduct of the Queen. She bade her brother examine Mark Smeton, a groom of the chamber and a favourite musician.[393] The Privy Councillor related what he had heard to two friends of the King, of whom Cromwell must have been one. The case was so serious that they agreed that the King must be informed. They told him. He started, changed colour, thanked them, and directed an inquiry to be held in strict secrecy. The ladies of the bedchamber were cross-questioned. Lady Worcester[394] was “the first accuser.” “Nan Cobham” and a maid gave other evidence; but “Lady Worcester was the first ground.”[395]

Nothing was allowed to transpire to disturb the festivities at Greenwich. On St. George’s Day, April 23, the Queen and her brother received an intimation that they were in less favour than usual. The Chapter of the Garter was held. An order was vacant; Anne asked that it should be given to Lord Rochford, and the request was refused; it was conferred on her cousin, Sir Nicholas Carew, to her great vexation. In this, however, there was nothing to alarm her. The next day, the 24th, a secret committee was appointed to receive depositions, consisting of the Chancellor, the Judges, Cromwell, and other members of Council; and by this time whispers were abroad that something was wrong, for Chapuys, writing on the 29th of April, said that “it would not be Carew’s fault if Anne was not out of the saddle before long, as he had heard that he was daily conspiring against her and trying to persuade Mistress Seymour and her friends to work her ruin. Four days ago [i. e. on April 25] Carew and other gentlemen sent word to the Princess to take courage, as the King was tired of the Concubine and would not endure her long.”[396] Geoffrey Pole, Reginald’s brother, a loose-tongued gentleman, told Chapuys that the Bishop of London (Stokesley) had been lately asked whether the King could dismiss the Concubine; the Bishop had declined to give an opinion till the King asked for it, and even then would not speak till he knew the King’s intention. The Bishop, Chapuys said, was one of the promoters of the first divorce, and was now penitent, the Concubine and all her family being accursed Lutherans.[397]

Such stories were but surmise and legend. I insert them to omit nothing which may be construed into an indication of conspiracy. The Commission meanwhile was collecting facts which grew more serious every day. On Thursday, the 27th, Sir William Brereton, a gentleman of the King’s Privy Chamber, was privately sent to the Tower, and on the 30th was followed thither by the musician Smeton. The next morning, the 1st of May, High Festival was held at Greenwich. A tournament formed a part of the ceremony, with the Court in attendance. Anne sate in a gallery as Queen of the day, while her knights broke lances for her, caring nothing for flying scandal, and unsuspecting the abyss which was opening under her feet. Sir Henry Norris and Lord Rochford were in the lists as defender and challenger, when, suddenly, the King rose; the pageant was broken up in confusion; Henry mounted his horse and, followed by a small train, rode off for London, taking Norris with him. Sir Henry Norris was one of Henry’s most intimate personal friends. He was his equerry, and often slept in his room or in an adjoining closet. The inquiries of the Commission had not yet implicated him as a principal, but it had appeared that circumstances were known to him which he ought to have revealed. The King promised to forgive him if he would tell the truth, but the truth was more than he could dare to reveal. On the following day he, too, was sent to the Tower, having been first examined before the Commissioners, to whom—perhaps misled by some similar hope of pardon held out to him by Sir William Fitzwilliam—he confessed more than it was possible to pardon, and then withdrew what he had acknowledged.[398] So far, Smeton only had confessed to “any actual thing,” and it was thought the King’s honour would be touched if the guilt of the rest was not proved more clearly.

Anne had been left at Greenwich. On the next morning she was brought before the Council there, her uncle, the Duke of Norfolk, presiding. She was informed that she was charged with adultery with various persons. Her answers, such as they were, the Duke set aside as irrelevant. She complained afterwards that she had been “cruelly handled” by the Council. It was difficult not to be what she would consider cruel. She, too, was conducted up the river to the Tower, where she found that to Smeton and Brereton and Norris another gentleman of the household, Sir Francis Weston, had now been added. A small incident is mentioned which preserves a lost practice of the age. “On the evening of the day on which the Concubine was sent to the Tower, the Duke of Richmond went to his father to ask his blessing, according to the English custom. The King said, in tears, that he, and his sister the Princess, ought to thank God for having escaped the hands of that woman, who had planned to poison them.”[399]

Chapuys made haste to inform the Emperor of the welcome catastrophe. The Emperor, he said, would recollect the expressions which he had reported as used by Cromwell regarding the possible separation of the King and the Concubine. Both he and the Princess had been ever since anxious that such a separation should be brought about. What they had desired had come to pass better than any one could have hoped, to the great disgrace of the Concubine, who, by the judgment of God, had been brought in full daylight from Greenwich to the Tower, in charge of the Duke of Norfolk and two chamberlains. Report said it was for continued adultery with a spinet-player belonging to her household. The player had been committed to the Tower also, and, after him, Sir H. Norris, the most familiar and private companion of the King, for not having revealed the matter.[400]

Fresh news poured in as Chapuys was writing. Before closing his despatch he was able to add that Sir Francis Weston and Lord Rochford were arrested also. The startling story flew from lip to lip, gathering volume as it went. Swift couriers carried it to Paris. Viscount Hannaert, the Imperial Ambassador there,[401] wrote to Granvelle that Anne had been surprised in bed with the King’s organist.[402] In the course of the investigation, witnesses had come forward to say that nine years previously a marriage had been made and consummated between Anne and Percy, Earl of Northumberland. Percy, however, swore, and received the sacrament upon it, before the Duke of Norfolk and the Archbishops of Canterbury and York, that no contract or promise of marriage of any kind had passed between them.[403] Anne’s attendants in the Tower had been ordered to note what she might say. She denied that she was guilty, sometimes with hysterical passion, sometimes with a flighty levity; but not, so far as her words are recorded, with the clearness of conscious innocence. She admitted that with Norris, Weston, and Smeton she had spoken foolishly of their love for herself, and of what might happen were the King to die. Smeton, on his second examination, confessed that he had on three several occasions committed adultery with the Queen. Norris repudiated his admissions to Sir William Fitzwilliam—what they were is unknown—and offered to maintain his own innocence and the Queen’s with sword and lance. Weston and Brereton persisted in absolute denial.

Meanwhile the Commission continued to take evidence. A more imposing list of men than those who composed it could not have been collected in England. The members of it were the Lord Chancellor, the Duke of Norfolk, the Duke of Suffolk, Lord Wiltshire, Anne’s and Rochford’s father, the Earls of Oxford, Westmoreland, and Sussex, Lord Sandys, Thomas Cromwell, Sir William Fitzwilliam, the Lord High Admiral, Sir William Paulet, Lord Treasurer, and nine judges of the courts at Westminster. Before these persons the witnesses were examined and their depositions written down. “The confessions,” Cromwell wrote afterwards to Gardiner, “were so abominable that a great part of them were not given in evidence, but were clearly kept secret.”[404]

The alleged offences had been committed in two counties. The Grand Juries of Kent and Middlesex returned true bills on the case presented to them. On the 7th of May writs were sent out for a new Parliament, to be chosen and to meet immediately. The particular charges had been submitted to the Grand Juries with time, place, and circumstance. The details have been related by me elsewhere.[405] In general the indictment was that for a period of more than two years, from within a few weeks after the birth of Elizabeth to the November immediately preceding, the Queen had repeatedly committed acts of adultery with Sir Henry Norris, Sir William Brereton, Sir Francis Weston, Mark Smeton, and her brother Lord Rochford. In every case the instigation and soliciting were alleged to have been on the Queen’s side. The particulars were set out circumstantially, the time at which the solicitations were made, how long an interval elapsed between the solicitation and the act, and when and where the several acts were committed. Finally it was said that the Queen had promised to marry some one of these traitors whenever the King depart this life, affirming that she would never love the King in her heart.

Of all these details evidence of some kind must have been produced before the Commission, and it was to this that Cromwell referred in his letter to Gardiner. The accused gentlemen were all of them in situations of trust and confidence at the court, with easy access to the Queen’s person, and, if their guilt was real, the familiarity to which they were admitted through their offices was a special aggravation of their offences.