Spotlight On: Anne Boleyn’s trial

King’s Bench records

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We hope you enjoyed watching our Education Service video with Sean Cunningham Sixteenth Century Records Specialist, looking at legal records relating to the Court of King’s Bench, the most senior criminal court, and the Chancery. This video focusses on documents from 1530s concerning the trial of Queen Anne Boleyn. 

Now try and answer the following questions: 

  • What type of cases were heard by the Court of the King’s Bench? 
  • What was the role of the Chancery? 
  • What type of documents can to be found in the Chancery?  
  • Define the following terms: 
  • Small writ (b) indictment (c) the King’s Peace. 
  • What is the reference of the first document revealed in the video? 
  • How old is this document? 
  • What was the charge against Queen Anne Boleyn? 
  • Where were Queen Anne Boleyn’s trial documents kept in the 1530s? 
  • Who produced these trial documents? 
  • Who do you think these trial documents were created for? 
  • What do these documents reveal about the Henry’s role in the judicial system? 

Document source

This document, written in Latin, is a page from a book created by clerical officials who worked in the Chancery – the main department responsible for writing and storing government documents. These books acted as a resource detailing the wording and instructions for chancery business. The book could also be used as a possible future template for clerks facing similar issues. This page concerns the orders for the execution of Queen Anne Boleyn, 1536. Catalogue ref: C 193/3 f80 

Black calligraphy on parchment.

  • What is the purpose of this document? 
  • Where were the men found guilty of treason, to be executed? What does this infer about King Henry VIII’s desire for a public execution?  
  • Why do you think there was a writ to enforce execution by beheading rather than the usual hanging, drawing and quartering for high treason? 
  • Why do you think was there a writ to command that all papers accessed by those involved in the trials were returned to Thomas, Duke of Norfolk? 
  • Why has Henry VIII intervened with the last writ concerning Queen Anne’s execution? How could this intervention have suited his position? 
  • What can historians learn about the operation of the judicial system from these writs?  
  • What do they reveal about the Henry VIII’s control of the justice system? 
  • Which Queen of England was also accused of treason and executed during the reign of Henry VIII?  

Simplified transcripts of the writs (starting from the top.) 

Writ for the execution of the indicted and delivery of the prisoners.

A writ of 17 May to Sir William Kingston, Knight and Constable of the Tower of London to deliver from imprisonment, George Boleyn (Lord Rochford) and four other men: Henry Norris, William Brereton, Francis Weston and Mark Smeaton into the custody of the sheriffs of London for execution on Tower Hill. The sheriffs of London at Tower Hill shall cause the heads of the said George, Henry, William, Francis and Mark there to be cut off. And we will that you make every effort to aid and assist the said sheriffs in the said execution of our command 

Another writ of execution.

A writ of 17 May to the sheriffs of London to carry out their executions by beheading on Tower Hill. Those currently detained in the Tower of London are listed. The assistance of the Constable of the Tower, Sir William Kingston, or his lieutenant or deputy, in delivering the men to the sheriffs of London in the execution of this order is re-stated.  

Writ of certiorari to have the indictments of Anne, late Queen of England, George Boleyn, Lord Rochford placed before the Constable of England.

[This type of writ gave the order for a higher court to review cases tried in a lower court.] 

A writ of 13 May to [named] trial justices to ensure they deliver all the trial records of Lady Anne, Queen of England and George Boleyn, including their indictments [formal charges of crimes] to Thomas Duke of Norfolk, Treasurer and Earl Marshal of England and [for this time] Constable of England, who presided over the trial and sentencing of Queen Anne Boleyn.  

Writ of 17 May to the Constable of the Tower of London, Sir William Kingston.

The King commands, that when instructed, the Constable of the Tower of London, delivers from imprisonment Anne, the late Queen and George Boleyn, Lord Rochford, to Thomas the Duke of Norfolk, Treasurer and Earl Marshal for their trial. 

Writ of 18 May Writ to the Constable of the Tower for the execution of the indictment against Anne, late Queen of England.

Greetings to Sir William Kingston, Constable of the Tower of London from the King.  As Anne, late Queen of England, lately our wife, has now been found guilty of high treason towards us and awarded a death sentence, by fire, according to the law of England, or decapitation, according to my will, whilst in remaining in your custody in our Tower of London. I am moved to take pity on her and do not wish Anne to be burned by fire. We command that immediately after receipt of these orders, Anne shall be executed on the green within the Tower of London. This in the twenty-eighth year of our reign. 

Connections to Curriculum

Key stage 5

AQA History GCE:  Henry VIII 1485-1509 consolidation of the Tudor Dynasty: England, 1485–1547 

EDEXCEL History GCE: England, 1509–1603: authority, nation and religion 

OCR History GCE British Period Studies: England 1485–1547: The early Tudors 

Key stage 3

The English Reformation and Counter-Reformation (Henry VIII to Mary I) 

External links 

 

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