Note (back) — Chapter XIII

Two days before Anne's death her marriage with Henry had been declared invalid by a court of ecclesiastical lawyers with Cranmer at its head. The grounds of the sentence are not stated, but there may have been two—the alleged precontract with the Earl of Northumberland, which the Earl denied on oath and on the sacrament, and the previous affinity between Anne and Henry arising from the King's relations with Mary Boleyn. The latter seems the more probable. Henry had obtained of Clement VII. a dispensation from this disability; but the Pope's power to dispense had since been repudiated, while the canonical objection remained and was given statutory authority in this very year.[965] The effects of this piece of wanton injustice were among the troubles which Henry bequeathed to Queen Elizabeth; the sole advantage to Henry was that his infidelities to Anne ceased to be breaches of the seventh commandment. The justice of her sentence to death is also open to doubt. Anne herself went to the block boldly proclaiming her innocence.[966] Death she regarded as a relief from an intolerable situation, and she "laughed heartily," writes the Lieutenant of the Tower as she put her hands round her "little neck," and thought how easy the executioner's task would be.[967] She complained when the day of her release from this world was deferred, and regretted that so many innocent persons should suffer through her. Of her accomplices, none confessed but Smeaton, though Henry is said, before Anne's arrest, to have offered Norris a pardon if he would admit his crime. On the other hand, her conduct must have made the charges plausible. Even in those days, when justice to individuals was regarded as dust if weighed in the balance against the real or supposed interests of the State, it is not credible that the juries should have found her accomplices guilty, that twenty-six peers, including her uncle, should have condemned Anne herself, without some colourable justification. If the charges were merely invented to ruin the Queen, one culprit besides herself would have been enough. To assume that Henry sent four needless victims to the block is to accuse him of a lust for superfluous butchery, of which even he, in his most bloodthirsty moments, was not capable.[968]