The Final Days of Anne Boleyn Pt 3: The Trial and Sentencing

Anne’s trial took place on May 15, 1536 only 13 days after her arrest. Four of the five men accused of committing adultery with her had been tried and sentenced two days prior. Of those four men, only the court musician, Mark Smeaton plead guilty. This particular aspect is interesting in that Smeaton was the only commoner among the men and was therefore subject to torture in ways that the other were not. The torture is often cited as the impetus behind Smeaton’s “confession.”

In order to avoid a massive public spectacle and possible disturbances to the proceedings, the trial was held in King’s Hall with the Tower rather than the more traditional Westminster Hall. Anne was a massively unpopular figure among the masses. Despite the change of venue, it was recorded that there were still nearly 2000 people in attendance. As per tradition of the time, she was judged by a jury of her peers which included Charles Brandon, Duke of Suffolk and longtime friend of the King, Thomas Howard, Duke of Norfolk and Anne’s uncle, and Henry Percy, Earl of Northumberland and former betrothed of Anne. Of all of the men tasked to judge this trial, Percy was likely the most sympathetic to Anne. They had had a previous relationship, one that was thought to have been a love match. In fact, a possible pre-contract or even a secret marriage to Anne Boleyn had been given as cause for an annulment of Percy’s marriage to Mary Talbot, daughter of the Earl of Shrewsbury and cousin to the King. 

Although a detailed, formal record of Anne’s trial does not exist, we have accounts from those likely in attendance which can help us piece together what occurred. Anne would have been aware that just two days prior Brereton, Norris, Weston, and Smeaton had all been found guilty and sentenced to death. As such, one would think her countenance would be shaken. Yet by all accounts, Anne maintained a level of grace and dignity as she was brought into the courtroom and the indictment was read. She was said to have appeared in court wearing a black velvet gown with a scarlet damask petticoat. This is interesting for several reasons. First and foremost, Anne was determined to be every inch a queen. While it was certain that she would be convicted, she wanted it clearly known and understood by all witnesses that this was the Queen of England that they were sentencing. Additionally, the choice of a scarlet petticoat reinforced the innocence that she proclaimed as the color of martyrdom. The French Bishop of Riez who was in attendance would later write of Anne at the trial:  

She walked forth in fearful beauty and seemed unmoved. She came not as one who had to defend her cause, but with the bearing of one coming to great honour.

Her own uncle as the highest ranking peer on the jury would have read out the indictment which included the following: 

she, despising her marriage, and entertaining malice against the King, and following daily her frail and carnal lust, did falsely and traitorously procure by base conversations and kisses, touchings, gifts, and other infamous incitations, divers of the King's daily and familiar servants to be her adulterers and concubines… [and] conspired the death and destruction of the King, the Queen often saying she would marry one of them as soon as the King died, and affirming that she would never love the King in her heart. 

Yet despite these charges, the prosecution presented no eyewitnesses as evidence of these crimes. 

Anne was then allowed to speak in her defense. As she had no prior knowledge of the charges brought against her, there was no way for her to provide alibis or refute the 20 instances of adultery that she had been charged with. Despite her inability to provide evidence of her innocence, many of the spectators including London magistrates were persuaded of her innocence and would later remark that her guilt was simply because it had been decreed that she be gotten rid of, most likely at the request of Henry who had transferred his affections to the lovely Jane Seymour.

The decision against her was unanimous. Final sentence was pronounced by the Duke of Norfolk: 

 Because thou hast offended against our sovereign the King’s Grace in committing treason against his person, and here attainted of the same, the law of the realm is this, that thou hast deserved death, and thy judgment is tis: that thou shalt be burned here within the Tower of London on the Green, else to have thy head smitten off, as the King’s pleasure shall be further known of the same.

It was noted that when he pronounced the sentence that there were tears in his eyes. Some might say that this showed a level of compassion and affection towards his niece; however, given what we know about his character as an unsympathetic man who sought advancement above all else, these tears were more likely a sign of his relief that he had accomplished the will of the King to be rid of Anne and free to marry Jane without the marriage to Anne being held over him. This was all in spite of Henry going the extra step of having the marriage declared null and void by Archbishop Thomas Cranmer two days later. 

Anne then spoke in response to her conviction: 

I do not say I have always shown him that humility which his goodness to me merited. I confess I have had jealous fancies and suspicions of him, which I had not discretion enough, and wisdom, to conceal. But God knows, and is my witness, that I have not sinned against him in any other way. Think not I say this in the hope to prolong my life. God hath taught me how to die, and He will strengthen my faith. As for my brother, and those others who are unjustly condemned, I would willingly suffer many deaths to deliver them, but since I see it pleases the King, I shall willingly accompany them in death, with this assurance, that I shall lead an endless life with them in peace. 

This speech echoes the sentiments expressed in the disputed final letter. Anne had prepared herself for death but felt grief that Henry’s desire to be rid of her also meant that other innocent people should die. I think is perhaps one of the most telling things about her character. In this moment, she not only seems to have a profound faith in God but also compassion for others. This was not the speech of the scheming social climber that the Catholic supporters of Katherine and Mary would have history believe Anne was. Instead, this is more in line with the view of Protestants who saw Anne in a more positive light.

Once the verdict had been pronounced and Anne had spoken, Henry Percy collapsed and was carried out of the courtroom. Percy had been known to be of a weak constitution and suffer from a persisting ague. The stress of the trial likely exacerbated his illness, which would lead to his death a little over a year later.

After her own trial was completed, her brother would be tried for incest, adultery, and treason. As Anne had been convicted of having “tempted her brother with her tongue in the said George’s mouth and the said George’s tongue in hers” there was no other outcome of his trial than a conviction. The evidence of incest against George and Anne was largely based on the testimony of his wife, Jane Boleyn, Lady Rochford who had been questioned by Cromwell and the royal commission about the relationship between Anne and George. 

For further reading:

Life and Death of Anne Boleyn by Eric Ives

Law as the Engine of State: The Trial of Anne Boleyn by Margery S Schauer and Frederick Shauer

Anne Boleyn: Fatal Attractions by G.W. Bernard - This particular title is interesting in that it argues that the charges of adultery against Anne were in fact true. I've read this book and find that the arguments put forth by the historian largely center around a poem by Lancelot de Carles, a servant to the French ambassador and supposed eyewitness to the trial. I find the logic and work uncompelling in its arguments, drawing false and often conflated conclusions based on rather weak interpretations of the primary sources but have included it here in the interest of providing resources on both sides of the argument.