The queen and her brother were tried by a jury of peers consisting of the duke of Suffolk, the marquis of Exeter, the earl of Arundel, and twenty-three more: their uncle, the duke of Norfolk, presided as high steward. Upon what proof or pretence the crime of incest was imputed to them, is unknown: the chief evidence, it is said, amounted to no more than that Rocheford had been seen to lean on her bed before some company. Part of the charge against her was that she had affirmed to her minions, that the king never had her heart; and had said to each of them apart, that she loved him better than any person whatsoever; “which was to the slander of the issue begotten between the king and her.” By this strained interpretation, her guilt was brought under the statute of the twenty-fifth of this reign; in which it was declared criminal to throw any slander upon the king, queen, or their issue. Such palpable absurdities were at that time admitted; and they were regarded by the peers of England as a sufficient reason for sacrificing an innocent queen to the cruelty of their tyrant. Though unassisted by counsel, she defended herself with presence of mind; and the spectators could not forbear pronouncing her entirely innocent. Judgment, however, was given by the court, both against the queen and Lord Rocheford; and her verdict contained, that she should be burned or beheaded at the king’s pleasure. When this dreadful sentence was pronounced, she was not terrified, but lifting up her hands to heaven, said, “O Father! O Creator! thou who art the way, the truth, and the life, thou knowest that I have not deserved this fate;” and then turning to the judges, made the most pathetic declarations of her innocence. Henry, not satisfied with this cruel vengeance, was resolved entirely to annul his marriage with Anne Boleyn, and to declare her issue illegitimate: he recalled to his memory, that a little after her appearance in the English court, some attachment had been acknowledged between her and the earl of Northumberland, then Lord Piercy; and he now questioned that nobleman with regard to these engagements. Northumberland took an oath before the two archbishops, that no contract or promise of marriage had ever passed between them: he received the sacrament upon it, before the duke of Norfolk and others of the privy council; and this solemn act he accompanied with the most solemn protestations of veracity.[*] The queen, however, was shaken by menaces of executing the sentence against her in its greatest rigor, and was prevailed on to confess in court some lawful impediment to her marriage with the king.[**] The afflicted primate, who sat as judge, thought himself obliged by this confession to pronounce the marriage null and invalid. Henry, in the transports of his fury, did not perceive that his proceedings were totally inconsistent, and that if her marriage were from the beginning invalid, she could not possibly be guilty of adultery.