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Sexual Heresy at the Court of Henry VIII

Published online by Cambridge University Press:  11 February 2009

Retha M. Warnicke
Affiliation:
Arizona State University

Extract

Scholars have long described the reasons for Anne Boleyn's execution and the nature of her guilt. Recent analyses have suggested that Henry VIII lost interest in his second wife after she miscarried of a male child in 1536 and that his secretary, Thomas Cromwell, wanted to exclude her family from positions of power at court. With royal approval, so it is claimed, Cromwell caused the queen and five men to be executed for the fictitious crimes of adultery and incest. Although some scholars have conceded that she was careless of her honour, most have assumed that Anne was not guilty of these charges. Historians have consequently adopted the cynical conclusion that Cromwell succeeded in orchestrating a wide-ranging conspiracy involving numerous people with the intention of using the legal system to kill six innocent victims in order to satisfy both his own schemes for power and the king's domestic whims.

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Articles
Copyright
Copyright © Cambridge University Press 1987

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References

1 I am grateful to Sir Geoffrey Elton, University of Cambridge, for encouraging me to ask some very difficult questions about the relationship of the five men who were executed in May 1536, to Anne, to each other, and to a variety of people at court. This article is in great part the product of that dialogue and of his critical review of an early draft; in October 1986 a version of it was given at the British History Seminar, Huntingdon Library, San Marino, California, which was chaired by David Cressy, California State University at Long Beach; the most recent studies of Anne's fall are Ives, E. W., ‘Faction at the court of Henry VIII: the fall of Anne Boleyn’, History, XLVII (1972), 169–88CrossRefGoogle Scholar; and Warnicke, Retha M., ‘The fall of Anne Boleyn: a reassessment’, History, LXX (1985), 115CrossRefGoogle Scholar; for the context of her fall see Elton, G. R., Reform and Reformation: England, 1509–1558 (Cambridge, 1977), pp. 250–72Google Scholar; Elton, G. R., ‘The political creed of Thomas Cromwell’ in Studies in Tudor and Stuart politics and government (Cambridge, 19741983), 11, 215–35Google Scholar.

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18 Anonymous, Of the Horrible and Woful Destruction of Sodome and Gomorra (London, c. 1570)Google Scholar.

19 Letters and papers of Henry VIII, xv, no. 498 (i, 59; ii, c. 49), and no. 926; Coke, , Twelfth part, p. 36Google Scholar; Westermarck, , Origin, 11, 484Google Scholar; Bray, , Homosexuality, pp. 21 and 112Google Scholar. For different interpretations of how early modern England viewed homosexuality see Bingham, , ‘Seventeenth century attitudes’, pp. 447 and 468Google Scholar; and Burg, Richard, ‘Ho Hum, another work of the Devil: buggery and sodomy in early Stuart England’, Journal of Homosexuality, VI (1980/1981), 6978Google Scholar; Ruggiero, Guido, The boundaries of eros: sex-crime and sexuality in renaissance Venice (New York, 1985), p. 110Google Scholar, has written that in Venice the nobility ‘was much more disturbed by sodomy than by any other act that crossed the boundaries of accepted sexuality’. Payer, Pierre J., Sex and the penitentials, the development of a sexual code, 550–1150 (Toronto, 1984), pp. 135–9Google Scholar, has recently challenged the notion that homosexuality was greatly tolerated in the medieval period. See also Boswell, John, Christianity, social tolerance, and homosexuality (Chicago, 1980)Google Scholar.

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27 For the witnesses see Letters and papers, X, no. 953; for the age of the child see Charles Wriothesley, A chronicle of England during the reigns of the Tudors, ed. William D. Hamilton, Camden Society, new series, XI (reprinted 1965) 1, 33; and Calendar of state papers Spanish, v, ii, 39; Williams Obstetrics, ed. Pritchard, Paul A. and MacDonald, Paul C. (New York, 1980), p. 172Google Scholar; Moore, Keith L., The developing human: clinically orientated embryology (Philadelphia, 1977), pp. 229–35Google Scholar; Letters and papers, VII, no. 9 (ii), included a Mrs Cobham among those who received New Year's gifts in a list which named noblemen as well as the master cook. It was dated 1534 – the first New Year's celebration, of course, after the birth of Princess Elizabeth.

28 For specific references to these see notes 30–33.

29 Calender of state papers Spanish, V, ii, II, 28 and 40; for sortileges see Lea, , Materials, 11, 755Google Scholar.

30 He did not mention Catherine's funeral until 10 February, but the news had to be brought from some distance and was not so immediately critical. Since his correspondents knew of her death, such a delay is more understandable. Calendar of state papers Spanish, V, ii, 28, 34–35 and 39; Letters and papers, X, no. 282; Hall, , Chronicle, 11, 266Google Scholar; Wriothesley, I, 33. The editor of Wriothesley assumed he had miscalculated the date, but the chronicler also mentioned Catherine's burial on 29 January without associating it with Anne's miscarriage, which he dated from Candlemas, the feast of the purification of the Virgin Mary; other diplomats corroborated the story of the fall and the miscarriage. See Letters and papers, X, no. 294. The later Tudor tradition accepted the date of 29 January but failed to date the funeral or to link the two together in any way as Chapuys had done. See Stowe, John, The Annales of England (London: Ralfe Newbery, 1592), p. 966Google Scholar; and Edward, , Herbert, Lord of Cherbury, The Life and Raigne of King Henry the Eighth (London: E.G. for Thomas Whitaker, 1649), p. 403Google Scholar.

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32 Ibid. pp. 40, 59.

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36 Letters and papers, IX, no. 639; of the dates and places specified (there were two for each defendant, for a total often days and ten places on which allegedly sexual relations occurred with the queen) only three of the stated places seem to have coincided properly: Rochford at Eltham on 29 December 1535; Brereton at East Greenwich on 27 November 1533; and Norris at East Greenwich on 19 November 1533; for the length of time after childbirth before churching, see Letters and papers, XIII, no. 166; Crawford, Patricia, ‘Attitudes to menstruation in seventeenth-century England’, Past and Present, XCI (1981), 62–3Google Scholar, revealed that it was believed that if intercourse took place during regular menstruation, deformed babies or monsters would be born; for the pagan festivals see Russell, Jeffrey B., Witchcraft, p. 51Google Scholar. 29 December fell between Christmas and Epiphany when the Feast of Fools occurred; Long, George, The folklore calendar (London, 1930Google Scholar; reprint, 1977). PP. 65–79.

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39 Letters and papers, X, no. 873; Donnison, Jean, Midwives and medical men: a history of inter-professional rivalries and women's rights (New York, 1977), pp. 13Google Scholar. The first book in English for midwives was Roessler, Eucharius, The byrth of mankynde, otherwyse named the Womans booke, ed. Raynald, Thomas (London, 1545)Google Scholar. The earliest English edition was in 1540.

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50 Theologians did not think that the alleged unnatural acts could be taught through description: Tentler, , Sex and confession pp. 8993Google Scholar; Bendey, , Excerpta historica, pp. 262–4Google Scholar.

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53 For the question of whether or not he was tortured see Ives, E. W., ‘Court and County Palatine in the reign of Henry VIII: the career of William Brereton of Malpas’, Transactions of the Historic Society of Lancashire and Cheshire, CXXXIII (1972), 32Google Scholar. For Fitzwilliam see George Cavendish, 11, 37 note and 220; Smeaton did not wear irons. B.L. MS Otho C.x.222; Letters and papers, x, no. 798.

54 For his origins see Cavendish, George, Metrical, p. 48Google Scholar. SirNicolas, Harris, The privy purse expenses of King Henry the Eighth, Nov. 1529–Dec. 1532 (London, 1827), p. 11Google Scholar, for example, refers to him as Mark in association with Weston, then a page. Edward F. Rimbault (ed.), The old cheque-book or book of remembrance of the Chapel Royal from 1561 to 1740 (Reprint, 1966), pp. iii–viii. For Rochford's talent see Bale, John, Scriptorum Illustrium Maioris Brytannie nunc Angliam & Scotiam vocant (Basil, 15571559), 11, 103Google Scholar; see also Pattison, Bruce, Music and poetry of the English Renaissance, 2nd edn (London, 1970), pp. 32–3Google Scholar; Royal MS 20, B xxi; see also van Hamel, A. G., Les lamentations de Matheolus et le livre de Leesce de Jehen le Febre de Resson (Paris, 1892)Google Scholar.

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57 Lowinsky, Edward E., ‘A music book for Anne Boleyn’, Florilegium historiale: essays presented to Wallace K. Ferguson, ed. Rowe, J. G. and Stockdale, W. H. (Toronto, 1971), pp. 169 and 192Google Scholar, concluded that Smeaton copied the composition into Choirbook MS 1070 now at the Royal College of Music in London. His name almost certainly came to mind because of his confession of adultery in 1536. Lowinsky's only other evidence was that the handwriting in the manuscript was not incompatible with Smeaton's signature in B.L. Royal MS 20 B xxi. To be sure the name Mris A. Bolleyne is written on page 157 of the choirbook, but if it were placed there contemporary with Anne, then it can be dated no later than December 1529, from which time she was addressed as Lady Anne Rochford. From 1529 to 1532 Smeaton, a very young man, may have been one of the children of the Chapel Royal and was associated with Weston, a page in the king's privy chamber. See Nicolas, , The privy purse, p. 11Google Scholar. There is no reason to suggest that Smeaton copied this choirbook for Anne, who was technically still a member of her father's household. The king did not separate from Catherine until 1531. See also Braithwaite, James Roland, ‘The introduction of Franco-Netherlandish manuscripts to early Tudor England’ (Unpublished Ph.D. dissertation, Boston University, 1967), 1, 46–9Google Scholar.

58 B.L., MS Otho C.x.222 in Letters and papers, x, no. 798 for Smeaton and no. 876 for the indictment. For the privy chamber see Starkey, David, ‘Representation through intimacy’, in Symbols and sentiments, ed. Lewis, Joan (London, 1977), pp. 201–4Google Scholar.

59 Ives, E. W. (ed.), ‘Letters and Accounts of William Brereton of Malpas’, The Record Society of Lancashire and Cheshire, CXVI (1976), 2 and 3640Google Scholar, suggested that Cromwell arrested Brereton because he opposed the government's policy in Wales. But Ives assumed that the accusers were cynically using political motives for their arrests and convictions. Furthermore, Sir Edward Seymour, a competitor of Cromwell, obtained Brereton's Welsh offices. For the comment about Brereton's speech see Aymot, , ‘Memorial’ p. 65Google Scholar. Lady Worcester was probably the second wife of Henry Somerset, second earl of Worcester, and a half-sister to William Fitzwilliam, Brereton married the sister of her husband. Lady Worcester's letter referring to money she had borrowed from Anne, is Letters and papers, XIII, i, no. 450Google Scholar. See Cokayne, G. E., The complete peerage, ed. White, Geoffrey H. (London, 1959), XII, iiGoogle Scholar. That the ladies had no recollection of any intimate contact between the queen and either Sir Thomas Wyatt or Sir Richard Page during the relevant two-year period may have been the reason they were released when the others were executed. For a discussion of her relationship to Wyatt, see Warnicke, Retha M., ‘The eternal triangle and court politics: Henry VIII, Anne Boleyn, and Sir Thomas Wyatt’, Albion, XVIII, 4 (1986), 565–79CrossRefGoogle Scholar. Brereton was probably not well known to Rochford's associates; see Poems of Thomas Wyatt, pp. 157–8.

60 In Calendar of state papers Spanish, IV, i, 586, Chapuys said that Wingfield's widow, who was married to Nicholas Harvey, was with Anne at court. She could only be the widow of Sir Richard Wingfield, as Ives, , ‘Faction’, pp. 173 and 187–8Google Scholar, tentatively identified her; for the evidence at the trial see Sir John Spelman, p. 71; for her life see the biographies of her husbands, SirHarvey, Nicholas and Tyrwhitt, Robert in History of parliament: the Commons, 1509–1558, ed. Bindoff, S. T. 3 vols. (london, 1982)Google Scholar; for Harvey, , see also Collins peerage of England, ed. SirBrydges, Egerton (London, 1812), IVGoogle Scholar; for a letter of Anne to her, see B.L. Vesp. F. XIII fo. 198; and Letters and papers, v, no. 12.

61 Elton, G. R., Reform, pp. 251–4 and 280–1Google Scholar; see also R. M. Warnicke, ‘The Fall’.

62 For Anne's comment see B. L., MS Otho C. x. 2 24 b; for Cranmer's, letter, see Letters and papers, X, no. 792Google Scholar; and Burnet, Gilbert, The history of the Reformation of the Church of England (Oxford, 1816), 1, 364–7Google Scholar. The bishops to whom Anne was referring may have included Canterbury, Worcester, Ely and Sarum. See William Latimer, fo. 30; Alexander Alesius found Cranmer in tears over the plight of Anne. See P.R.O., SP. 70/7.

63 For treason trials see Elton, G. R., Policy and police, pp. 274326Google Scholar; and ‘The rule of law in sixteenth-century England’, Studies, 1, 260–84.