July 1.
By reason of Willie 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, Bess's husband, 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. His face was calm but grave, but just as he passed he caught 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 so oft caste up to me at my casement, but saw us not; perchance soe 'twas best.
...Will telleth me the indictment was the longest ever heard: on four counts. First, his opinion concerning 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.
They could not make good their accusation. 'Twas onlie on the last count he could be made out a traitor, and proof of't had they none. He shoulde have been acquitted out of hand, but his bitter enemy, my Lord Chancellor, called on him for his defence, whereat a general murmur ran through the court.
He began, but a moment's weakness of the body overcame him and he was accorded a seat. He then proceeded to avow his having always opposed the king's marriage to his grace himself, deeming it rather treachery to have withholden his opinion when solicited. Touching the supremacy he held there could be no treachery in holding his peace, God only being cognizant of our thoughts.
"Nay," interposeth the attorney generall, "your silence was the token of a malicious mind."
"I had always understood," answers father, "that silence stoode for consent," which made sundrie smile.
The issue of the black day was aforehand fixed. The jury retired and presentlie returned with a verdict of guilty; for they knew what the king's grace would have 'em doe in that case....
And then came the frightful sentence....
They brought him back by water ... The first thing I saw was the axe, turned with its edge towards him.