The next day was appointed for Sir Thomas Arundell to appear before his judges. It was apparent they must have had very slender or unsatisfactory evidence, and it is cruel to read with what pertinacity they were required to decide on his case.
It is probable that, like the Duke of Somerset, he was taken from the Tower to Westminster Hall by water, and imagination can easily depict the various phases of the scene. Aroused early on the morning of the twenty-eighth of January, in mid-winter almost, it may be in cold and pitiless weather, escorted by the Lieutenant of the fortress, Sir John D'Arcy, and accompanied by his officers, down to the well-guarded boat waiting for him, under the shadow of the great arch that spans the Traitor's Gate, the way lit by the feeble light of a lantern, which, as they seated themselves in the little craft, faintly revealed the portcullis raised for the occasion, and the dark waters of the Thames, just discernible through it, made visible by the flickering gleam thrown upon its surface, rippling to the inconstant night-breeze. Then their emerging from the gloomy portal, the prisoner sitting silent and motionless in the stern, the officers and halberdiers ranged on each side, and in front the heads-man's official, with the dread axe resting on his shoulder. Then their passage down the quiet river, with no sound to break the solitude, but the measured splash of the oarsmen steadily rowing him to his doom. Then their landing at Westminster in the just-breaking light of morning, and the sad little procession wending its way up to the main door of the vast Hall, its dim, cavernous roof, scarcely distinguishable by the cluster of twinkling points of light gathered in its centre, where, arrayed in all the picturesque costume of the age, emphasized by the scarlet cloaks of the judges, were congregated a large body of legal and civic functionaries, the solemn array of the jurors of the 'qwest,' and a throng of anxious citizens, assembled to decide whether he was guilty, or not guilty,—if he should live or die.
But the 'qwest' had not so easy a matter before them, in the disposing of his case, as they had the day before with that of Sir Ralph Vane. The evidence was presumably of slight or doubtful character, and so the day passed by and evening arrived, but no decision was arrived at. Sir Thomas had to endure this prolonged suspense, and was taken back to the Tower again, to wait through the anxious night, and then the following morning, go through the same dread ordeal, and appear once more before his judges, to learn his fate.
The 'qwest' of the jury appear to have thoroughly and sturdily debated the guilt or innocence of the prisoner, and not being able to agree, were thereon subjected to the usual inhuman treatment of being starved in cold and darkness into agreement,—if such it may be called,—or rather a decision, one way or the other. And so they "sate shut up" in a house all that live-long night, and it was not until day-break the next morning that "they did cast him,"—the dissentients probably being wearied into compliance. "When Sir Thomas—who perhaps may justly have had latent hope that their disagreement might end favourably for him—stood before his accusers for the second time, his doom was decided on, and he heard the fearful result that "they had acquitted him of treason, and cast him of felony, to be hanged."
Machyn thus describes the assiduous process of his condemnation,—
"1551-2. The xxviij. of Januarij was reynyd sir Thomas Arundell, Knyght, and so the qwest cold nott fynd ym tyll the morow after, and so he whent to the Towre agayn, and then the qwest wher shutt up tyll the morow withowt mett or drynke, or candylle or fyre, and on the morow he came a-gayne and the qwest qwytt ym of treasun, and cast hym of felony to be hangyd."
And Hayward soliloquizes over the unhappy event,—
"Sir Thomas Arundel was with some difficulty condemned, for his cause was brought to trial about seven of the clock in the morning, and about noon the jurors went together, and because they could not agree, they were shut in a house all the residue of that day and all the night following. The next morning they found him guilty. Unhappy man! who found the doing of anything or nothing dangerous alike."
and the little King mechanically notes in his diary,—
"29th Jan., 1551-2. Sir Thomas Arundel was likewise cast of felony in treason, after long controversie, for the matter was brought in trial bie seven of the cloke in the morning 28th day; at none the qwest went together; they sate shut up together in a house, without meat or drinke, bicause they could not agree, all that day and all night; this 29th day in the morning they did cast him."