Philippa Gregory's Tudor Court 6-Book Boxed Set (395 page)

The duke raises his head as the clerk of the Crown reads the charge, and he looks around, as a weary hawk will scan the mews, always alert, always ready for danger, but there is no bright Howard pride in his eyes anymore. They imprisoned him in the room where they kept his grandfather charged with treason. He can overlook the green where they executed his father for offenses against the Crown. Howards have always been their own greatest danger. Thomas must feel his line is accursed. I think if his cousin the queen could only see him now she
would forgive him from sheer pity. He may have been wrongly advised, he may have done wrong, but he has been punished. This man is at the end of his strength.

He is asked for his plea but instead of answering guilty or no, he asks the court for a counsel, a lawyer to help him answer the charge. I don’t have to look to Cecil for his refusal; the chief justice Catline is already there before us all, up on his feet like a little moppet, explaining that in trials for high treason no lawyer is allowed. Howard may answer only if he has been treasonous or not. And there is no mitigation either; in a trial for high treason, if he answers guilty he is saying he wants to die.

Thomas Howard looks at me, as an old friend that he thinks will deal with him fairly. “I have had very short warning to answer so great a matter. I have not had fourteen hours in all, both day and night. I am hardly handled. I have had short warning and no books, neither a book of statutes, not so much as the breviate of statutes. I am brought to fight without a weapon.”

I look down at my hands, I shuffle my papers. Surely, we cannot hound this man to the scaffold without giving him time to prepare a defense? Surely, we will allow him a lawyer?

“I stand here before you for my life, lands and goods, my children and my posterity, and for that which I esteem most of all, my honesty,” he says eagerly to me. “I forbear to speak of my honor. I am unlearned; let me have what the law would allow, let me have counsel.”

I am about to command the justices to withdraw and rule on his request. We were his friends; we cannot hear him ask us for something so reasonable and refuse it. The man has to have advice. Then a note from Cecil, farther down the table, is passed along and slid under my hand.

1. If he has a lawyer then the full detail of the Queen of Scots’ promises to him will be revealed. I assure you that her letters to him are not
those that you would want read out in your court. They show her as a scandalous whore.

2. All this occurred under your guardianship, which must then be called into question. How could you have allowed such a thing to happen?

3. The trial will be prolonged and the Queen of Scots’ honor and reputation utterly destroyed.

4. Her Grace, our queen, will be held up for contempt before everyone, by what these two say of her. We will make a thousand traitors while prosecuting one.

5. Let us have the decency to get to judgment quickly and let Her Grace the queen deal mercifully with the sentence. She can always pardon him once this trial is over.

I read this and then I rule. “You must make your answer to the charge,” I say to Howard.

He looks at me with his dark honest eyes. One long look, and then he nods. “Then I must question the charge,” he says.

I consent, but we all know there is no avoiding a charge of treason. Cecil’s new laws have so enlarged the definition of treason that it is not possible to live in England today without being guilty almost daily, almost hourly. To speculate as to the queen’s health is treason, to suggest she might one day die is treason, to suggest that she might not be Queen of France is certain treason, though it is nothing but the most obvious truth: none of us will ever see an English Calais again. Even to think, in one’s innermost secret heart, any criticism of the queen is now treason. Thomas Howard must be guilty of treason, as indeed we all must be, every day of our lives, even Cecil.

They nag at him, as hounds will bait a tired bear. He so reminds me of a bear, chained with one leg to a post, while fresh dogs dash in and take a snap and shy away again. They take him back to the inquiry at York and accuse him of favoring the Queen of Scots. They accuse
her of claiming the throne of England and imply that he would have married her and made himself King of England. They say that he plotted with the Scots lords, with his sister Lady Scrope, with Westmorland and Northumberland.

They take him through every moment of the inquiry at York; they have evidence that the Scots lords met him and suggested the marriage. This cannot be denied, for it is true. It was no secret and we all approved it. Robert Dudley, now sitting at my side as a fellow judge, his face stony, had a hand in it too. Shall he be tried for treason alongside Howard? William Cecil, the chief playwright and choreographer of this trial, knew all about it as well. I know this, for my own wife reported to him, spying on me. Shall Cecil be on trial? Shall my wife? Shall I? But all of us are eager now to forget our parts in the courtship. We watch Howard shake the dogs from his flank and say that he cannot remember everything, that he admits he has neglected his duty to the queen, he has not been the subject and cousin that he should have been—but this does not make him guilty of treason.

He is trying to tell the truth in this masque of mirrors and costumes and false faces. I could laugh if I were not bowed down with my own sorrows and sick to my heart for him. He is trying to tell the truth to this court of spies and liars.

We are all weary and about to stop for dinner when Nicholas Barham, the queen’s sergeant and Cecil’s instrument, suddenly produces a letter from John Lesley, the Bishop of Ross, to the Queen of Scots. He submits it as evidence and we all obediently read it. In it, the bishop tells Queen Mary that her betrothed, Norfolk, has betrayed his own queen to the Scots lords. It says that all Queen Elizabeth’s plans, all the advice of her councillors, all her innermost counsels have been reported by Norfolk in full to the enemies of England. It is a most shocking letter and proof, complete proof, that he was on the side of the Scots against England, and working for Queen Mary. It is an incredible document. It shows Norfolk, without doubt, as a complete and convinced traitor.

Damning indeed, utterly damning. Except that someone asks Nicholas Barham if this letter was intercepted on its way to the Scots queen or taken from her rooms. Everyone looks at me, of course, who should have caught such a letter. I am in the wrong now, for I did not catch this letter. I shake my head and Barham smoothly reports that this extraordinary letter was somehow lost, mislaid. It was not sent and I did not intercept it. The Queen of Scots never saw it. He tells us, straight-faced, that a copy of this most incriminating letter was hidden in a secret room, found as if by a miracle, years later, by James, Earl of Moray, and handed by him to the Queen of England shortly before his death.

I cannot help but look incredulously at Cecil, that he should expect men—not children enjoying fairy tales but men of the world, and his fellow lords—to accept this complicated fable. The look he returns to me is smilingly blank. I am a fool to expect something more convincing. To Cecil it does not matter if none of this makes sense; what matters is that the letter is entered on the record, that the record is part of the trial, that it will serve as evidence to justify the verdict to the world, and that the verdict will be guilty.

“Shall we have our dinner now?” he asks pleasantly.

I rise and we go out. I am so foolish that I look for Norfolk as we lords go for our dinner, and think I will put my arm around his shoulders for a moment and whisper, “Be of good courage; there is no escaping the verdict, but the pardon will follow.”

Of course, he does not dine with us. I had forgotten. We all go to eat our dinner in the great hall; he goes alone, to eat alone in his cell. He cannot dine with us, he is banished from our company, and I will never put my arm around his shoulders again.

1572, JANUARY, SHEFFIELD CASTLE: BESS

I
have no great love for the Scots queen, God knows, but it would take a woman with a harder heart than mine not to defend her against our new house guest and temporary jailer, Ralph Sadler. He is a hard-hearted bad-tempered old man, utterly immune to any form of beauty, whether it be the white hoarfrost on the trees here at Sheffield Castle or the pale, strained beauty of the Scots queen.

“I have my orders,” he says hoarsely to me after she has withdrawn from the dinner table, unable to bear his slurping his pottage for another moment. She whispers of a headache and takes herself from the room. I could wish I could escape so easily, but I am the mistress of a great house and I must do my duty by a guest.

“Orders?” I ask politely, and watch him spoon up another great swallow in the general direction of his big mouth.

“Aye,” he says. “Defend her, protect her, prevent her escape, and if all else fails . . .” He makes a horrible gesture with his flat hand, a long cutting movement across his own throat.

“You would kill her?”

He nods. “She cannot be allowed to get free,” he says. “She is the greatest danger this country has ever faced.”

I think for a moment of the Spanish armada that they say Philip is building right now in his fearsome shipyards. I think of the Pope demanding that all of the old faith disobey Queen Elizabeth, authorizing them to kill her. I think of the French and the Scots. “How
can she be?” I ask. “One woman alone? When you think of all that we face?”

“Because she is a figurehead,” he says harshly. “Because she is French, because she is Scots, because she is Catholic. Because none of us will ever sleep sound in our beds while she is free.”

“Seems a bit hard that a woman should die because you can’t sleep,” I say waspishly.

It earns me a hard look from this hard old man, who is obviously unaccustomed to a woman with opinions. “I heard that she had won you over, and your lord,” he says nastily. “I heard that he, in particular, was very taken.”

“We are both of us good servants to the queen,” I say staunchly. “As Her Grace knows, as my good friend Lord Burghley knows. No man has ever doubted my lord’s honor. And I can be a good servant to Her Grace and yet not want to see the Scots queen murdered.”

“You might be able to,” he says gloomily, “but I cannot. And in time, I expect there will be more who think like me than think like you.”

“She might die in battle,” I say. “If, God forbid, there was a battle. Or she might be killed by an assassin, I suppose. But she cannot be executed: she is of blood royal. She cannot be charged with treason: she is a consecrated queen. No court can judge her.”

“Oh, who says?” he asks suddenly, dropping his spoon and turning his big face on me.

“The law of the land,” I stammer. He is almost frightening in his bulk and with his temper. “The law of the land which defends both great and small.”

“The law is what we say it is,” he boasts. “As she may yet discover, as you may one day see. The law will be what we say it should be. We shall make the laws and those who threaten us or frighten us will find that they are outside the protection of the law.”

“Then it is no law at all,” I maintain. After all I am the wife of the Lord High Steward of England. “The law must defend the high and
the low, the innocent, and even the guilty until they are shown to be criminal.”

Sadler laughs, a rough loud laugh. “That may have been so in Camelot,” he says crudely. “But it is a different world now. We will use the laws against our enemies, we will find evidence against our enemies, and if there is neither law nor evidence, then we will make it fresh, specially for them.”

“Then you are no better than they,” I say quietly, but aloud I turn to my server of the ewery and say, “More wine for Sir Ralph.”

1572, JANUARY, SHEFFIELD CASTLE: MARY

M
y betrothed is fighting for his life in a courtroom, judged by men as fearful as he. My son is far from me. The only man who could save me now is far, far away, himself imprisoned, and I don’t expect ever to see him again. My worst enemy is my new keeper, and even Bess, the falsest friend a woman ever had, is repelled by his harshness towards me.