Page:History of England (Froude) Vol 2.djvu/410

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390
REIGN OF HENRY THE EIGHTH.
[ch. 11.

The Queen withdrew. Her brother took his place at the bar. Like Anne, he declared himself innocent. Like Anne, he was found guilty, and sentenced to die.[1]

We can form no estimate of the evidence; for we do not know what it was. We cannot especially accuse the form of the trial; for it was the form which was always observed. But the fact remains to us, that these twenty-seven peers, who were not ignorant, as we are, but were fully acquainted with the grounds of the prosecution, did deliberately, after hearing the Queen's defence, pronounce against her a unanimous verdict. If there was foul play, they had advantages infinitely greater than any to which we can pretend for detecting it. The Boleyns were unpopular, and Anne herself was obnoxious to the Imperialists and Catholics; but

  1. I know not whether I should here add the details which Meteren gives of these trials. His authority, a Flemish gentleman, was in London at the time, hut was not present in the court. The Lord of Milherve (that was this gentleman's name) was persuaded that the Queen was unjustly accused, and he worked out of the rumours which he heard an interesting picture, touched with natural sympathy. It has heen often repeated, however. It may he read elsewhere; and as an authority it is but of faint importance. If we allow it its fullest weight, it proves that a foreigner then in England believed the Queen innocent, and that she defended herself with an eloquence which deeply touched her hearers. His further assertion, that 'Smeton's confession was all which was alleged' against her, is certainly inaccurate; and his complaint, which has heen so often echoed, of the absence of witnesses, implies only a want of knowledge of the forms which were observed in trials for high treason. The witnesses were not brought into Court and confronted with the prisoner: their depositions were taken on oath before the grand juries and the privy council, and on the trial were read out for the accused to answer as they could.