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Meantime, the tragedy, so far as the queen is concerned, took a turn which convicts all parties of a blunder; of a blunder the most needless and superfluous. This blunder was exposed by Bishop Burnet about a hundred and fifty years later, but most insufficiently exposed; and to this hour it has not been satisfactorily cleared up. Let us pursue the arrears of the case. The four gentlemen, together with Mark Smeton, were executed (as we have seen) on Wednesday, the 17th of May, 1536. Two days later Queen Anne Boleyn was brought out at noonday upon the verdant lawn within the Tower, and with very slight ceremonies she suffered decapitation. A single cannon-shot proclaimed to London and Westminster the final catastrophe of this unhappy romance. Anne had offered not one word of self-vindication on this memorable occasion; and, if her motive to so signal a forbearance were really consideration for the interests of her infant daughter, it must be granted that she exhibited, in the farewell act of her life, a grandeur of self-conquest which no man could have anticipated. For this act she has never received the homage which she deserved; whilst, on the other hand, praise most unmerited has been given for three centuries to the famous letter of self-defence which she is reputed to have addressed to the king at the opening of her trial. This letter, beyond all doubt a forgery, was first brought into effectual notice by the Spectator somewhere about 1710; and, whether authentic or not, is most injudiciously composed. It consists of five paragraphs, each one of which is pulling distractedly in contradictory directions.

Meantime, that or any other act of Anne Boleyn’s was superseded by a fatal discovery, which changed utterly the relations of all parties, which in effect acquitted Anne of treason, and which summarily rehabilitated as untainted subjects of the king those five men who had suffered death in the character of traitors. The marriage of Anne to the king, it was suddenly discovered, had from the beginning been void. It is true that we have long ceased to accredit those objections from precontracts, etc., which in the papal courts would be held to establish a nullity. But we are to proceed by the laws as then settled. Grounds of scruple, which would now raise at most a mere case of irregularity, at that time, unless met ab initio by a papal dispensation, did legally constitute a flaw such as even a friendly pope could not effectually cure; far less that angry priest, blazing up with wrath, and at intervals meditating an interdict, who at present occupied the chair of St. Peter. Here was a discovery to make, after so much irreparable injustice had been already perpetrated! If (which is too certain), under the marriage laws then valid, Anne Boleyn never had been the lawful wife of Henry, then, as Bishop Burnet suddenly objected when too late by one hundred and fifty years, what became of the adultery imputed to Anne, and the five young courtiers? Not being the king’s wife, both she was incapable in law of committing adultery as against the king, and by an inevitable consequence they were incapable of participating in a crime which she was incapable of committing.

When was this fatal blunder detected? Evidently before any of the victims had become cold in their graves. And the probability is–that, when the blunder was first perceived, the dreadful consequences of that blunder, and the legal relations of those consequences, were not immediately discerned. What convinces us of this is, that the first impulse of the king and his advisers, upon discovering through a secret communication made by Anne the existence of a precontract, and the consequent vitiation of her marriage with the king, had been, to charge upon Anne a new and scandalous offence. Not until they had taken time to review the case, did they become aware of the injustice that had been perpetrated by their own precipitance: and as this was past all reparation, probably it was agreed amongst the few who were parties to the fatal oversight, that the safest course was to lock up the secret in darkness. But it is singular to watch the fatality of error which pursued this ill-starred marriage. Every successive critic, in exposing the errors of his predecessor, has himself committed some fresh blunder. Bishop Burnet, for instance, first of all in a Protestant age indicated the bloody mistakes of papal lawyers in 1536; not meaning at all to describe these mistakes as undetected by those who were answerable for them. Though hushed up, they were evidently known to their unhappy authors. Next upon Burnet, down comes Mr. Froude. Burnet had shaped his criticism thus: ‘If,’ he says, ‘the queen was not married to the king, there was no adultery.’ Certainly not. But, says Mr. Froude, Burnet forgets that she was condemned for conspiracy and incest, as well as for adultery. Then thirdly come we, and reverting to this charge of forgetfulness upon Burnet, we say, Forgets! but how was he bound to remember? The conspiracy, the incest, the adultery, all alike vanish from the record exactly as the character of wife vanishes from Anne. With any or all of these crimes Henry had no right to intermeddle. They were the crimes of one who never had borne any legal relation to him; crimes, therefore, against her own conscience, but not against the king in any character that he was himself willing permanently to assume.

On this particular section of Henry’s reign, the unhappy episode of his second wife, Mr. Froude has erred by insufficient rigour of justice. Inclined to do more justice than is usually done to the king, and not blind to the dissolute character of Anne, he has yet been carried, by the pity inalienable from the situation, to concede more to the pretences of doubt and suspense than is warranted by the circumstances of the case. Anne Boleyn was too surely guilty up to the height of Messalina’s guilt, and far beyond that height in one atrocious instance.

Passing from that to the general pretensions of this very eloquent and philosophic book, we desire to say–that Mr. Froude is the first writer (first and sole) who has opened his eyes to comprehend the grandeur of this tremendous reign.