So, now we'll apply the good, plain sailor's art,
And fix these quicksands on the Law's plain chart!
(Several narrow panels, orange and bearing the monogram "HR VIII" in gold letters, are lowered. Renewed, more prolonged fanfare; during which enter CRANMER and NORFOLK, who sit on throne chairs. On their entry MORE and FOREMAN rise. As soon as the fanfare is finished NORFOLK speaks)
NORFOLK (Takes refuge behind a rigorously official manner) Sir Thomas More, you are called before us here at the Hall of Westminster to answer charge of High Treason. Nevertheless, and though you have heinously offended the King's Majesty, we hope if you will even now forthink and repent of your obstinate opinions, you may .still taste his gracious pardon.
MORE My lords, I thank you. Howbeit I make my petition to Almighty God that He will keep me in this, my honest mind, to the last hour that I shall live . . . As for the matters you may charge me with, I fear, from my present weakness, that neither my wit nor my memory will serve to make sufficient answers . . . I should be glad to sit down.
NORFOLK Be seated. Master Secretary Cromwell, have you the charge?
CROMWELL I have, my lord.
NORFOLK Then read the charge.CROMWELL (Formally) That you did conspire traitorously and maliciously to deny and deprive our liege lord Henry of his undoubted certain title, Supreme Head of the Church in England.
MORE (With surprise, shock, and indignation) But I have never denied this title!
CROMWELL You refused the oath tendered to you at the Tower and elsewhere
MORE (Again shocked and indignant) Silence is not denial. And for my silence I am punished, with imprisonment. Why have I been called again?
(At this point he is sensing that the trial has been in some way rigged)
NORFOLK On a charge of High Treason, Sir Thomas.
CROMWELL For which the punishment is not imprisonment.
MORE Death . . . comes for us all, my lords. Yes, even for Kings he comes, to whom amidst all their Royalty and brute strength he will neither kneel nor make them any reverence nor pleasantly desire them to come forth, but roughly grasp them by the very breast and rattle them until they be stark dead! So causing their bodies to be buried in a pit and sending them to a judgment . . . whereof at their death their success is uncertain.
CROMWELL Treason enough here!
NORFOLK The death of Kings is not in question, Sir Thomas.
MORE Nor mine, I trust, until I'm proven guilty.
NORFOLK (Leaning forward urgently) Your life lies in your own hand, Thomas, as it always has.
MORE (Absorbs this) For our own deaths, my lord, yours and mine, dare we for shame enter the Kingdom with ease, when Our Lord Himself entered with so much pain?
(And now he faces CROMWELL, his eyes sparkling with suspicion)
CROMWELL Now, Sir Thomas, you stand upon your silence.
MORE I do.
CROMWELL But, Gentlemen of the jury, there are many kinds of silence. Consider first the silence of a man when he is dead. Let us say we go into the room where he is lying; and let us say it is in the dead of night-there's nothing like darkness for sharpening the ear; and we listen. What do we hear? Silence. What does it betoken, this silence? Nothing. This is silence, pure and simple. But consider another case. Suppose I were to draw a dagger from my sleeve and make to kill the prisoner with it, and suppose their lordships there, instead of crying out for me to stop or crying out for help to stop me, maintained their silence. That would betoken! It would betoken a willingness that 1 should do it, and under the law they would be guilty with me. So silence can, according to circumstances, speak. Consider, now, the circumstances of the prisoner's silence. The oath was put to good and faithful subjects up and down the country and they had declared His Grace's title to be just and good. And when it came to the prisoner he refused. He calls this silence. Yet is there a man in this court, is there a man in this country, who does not know Sir Thomas More's opinion of the King's title? Of course not! But how can that be? Because this silence betokened-nay, this silence was not silence at all but most eloquent denial.
MORE (With some o f the academic's impatience for a shoddy line o f reasoning) Not so, Master Secretary, the maxim is "qui tacet consentire." (Turns t0 COMMON MAN) The maxim of the law is (Very carefully) "Silence gives consent." If, therefore, you wish to construe what my silence "betokened," you must construe that I consented, not that I denied.
CROMWELL Is that what the world in fact construes from it? Do you pretend that is what you wish the world to construe from it?
MORE The world must construe according to its wits. This Court must construe according to the law.
CROMWELL I put it to the Court that the prisoner is perverting the law-making smoky what should be a clear light to discover to the Court his own wrongdoing!
(CROMWELL's official indignation is slipping into genuine anger and MORE responds)
MORE The law is not a "light" for you or any man to see by; the law is not an instrument of any kind. (To the FoREMAN) The law is a causeway upon which, so long as he keeps to it, a citizen may walk safely. (Earnestly addressing him) In matters of conscience
CROMWELL (Smiling bitterly) The conscience, the conscience . . .
MORE (Turning) The word is not familiar to you?
CROMWELL By God, too familiar! I am very used to hear it in the mouths of criminals!
MORE I am used to hear bad men misuse the name of God, yet God exists. (Turning back) In matters of conscience, the loyal subject is more bounden to be loyal to his conscience than to any other thing.
CROMWELL (Breathing hard; straight at MORE) And so provide a noble motive for his frivolous self-conceit!
MORE (Earnestly) It is not so, Master Cromwell-very and pure necessity for respect of my own soul.
CROMWELL Your own self, you mean!
MORE Yes, a man's soul is his self!
CROMWELL (Thrusts his face into MOREPs. They hate each other and each other's standpoint) A miserable thing, whatever you call it, that lives like a bat in a Sunday School! A shrill incessant pedagogue about its own salvation-but nothing to say of your place in the State! Under the King! In a great native country!
MORE (Not untouched) Is it my place to say "good" to the State's sickness? Can I help my King by giving him lies when he asks for truth? Will you help England by populating her with liars?
CROMWELL (Backs away. His face stiff with malevolence) My lords, I wish to call (He raises his voice) Sir Richard Rich! (Enter RICH. He is now splendidly official, in dress and bearing; even NORFOLK is a bit impressed) Sir Richard. (Indicating CRANMER)
CRANMER (Proffering Bible) I do solemnly swear . . .
RICH I do solemnly swear that the evidence I shall give before the Court shall be the truth, the whole truth, and nothing but the truth.
CROMWELL Yes?
CRANMER (Discreetly) So help me God, Sir Richard.
RICH So help me God.
NORFOLK Take your stand there, Sir Richard.
CROMWELL Now, Rich, on 12 March, you were at the Tower?
RICH I was.
CROMWELL With what purpose?
RICH I was sent to carry away the prisoner's books.
CROMWELL Did you talk with the prisoner?
RICH Yes.
CROMWELL Church?
RICH Yes.
Did you talk about the King's Supremacy of the
CROMWELL What did you say?
RICH I said to him: "Supposing there was an Act of Parliament to say that I, Richard Rich, were to be King, would not you, Master More, take me for King?" "That I would," he said, "for then you would be King."
RICHARD Then he said--
NORFOLK (Sharply) The prisoner?
RICH Yes, my lord. "But I will put you a higher case," he said. "How if there were an Act of Parliament to say that God should not be God?"
MORE This is true; and then you said--
NORFOLK Silence! Continue.
RICH I said, "Ah, but I will put you a middle case. Parliament has made our King Head of the Church. Why will you not accept him?"
RICH Then he said Parliament had no power to do it.
NORFOLK Repeat the prisoner's words!
RICH He said, "Parliament has not the competence." Or words to that effect.
CROMWELL He denied the title?
RICH He did. (fill look to MORE, but he looks to RICH)
MORE In good faith, Rich, I am sorrier for your perjury than my peril.
NORFOLK Do you deny this?
MORE Yes! My lords, if I were a man who heeded not the taking of an oath, you know well I need not to be here. Now I will take an oath! If what Master Rich has said is true, then I pray I may never see God in the face! Which I would not say were it otherwise for anything on earth.
CROMWELL (To FOREMAN, calmly, technically) That is not evidence.
MORE Is it probable-is it probable-that after so long a silence on this, the very point so urgently sought of me, I should open my mind to such a man as that?
CROMWELL (To RICH) Do you wish to modify your testimony?
RICH No, Secretary.
MORE There were two other men! Southwell and Palmer!
CROMWELL Unhappily, Sir Richard Southwell and Master Palmer are both in Ireland on the King's business. (MORE gestures helplessly) It has no bearing. I have their deposition here in which the Court will see they state that being busy with the prisoner's books they did not hear what was said.
(Hands deposition to FOREMAN, who examines it with much seriousness)
MORE If I had really said this is it not obvious he would instantly have called these men to witness?
CROMWELL Sir Richard, have you anything to add?
RICH Nothing, Mr. Secretary.
NORFOLK Sir Thomas?
MORE (Looking at FOREMAN) To what purpose? I am a dead man. (TO CROMWELL) You have your desire of me. What you have hunted me for is not my actions, but the thoughts of my heart. It is a long road you have opened. For first men will disclaim their hearts and presently they will have no hearts. God help the people whose Statesmen walk your road.
NORFOLK Then the witness may withdraw.
(RICH crosses the stage, watched by MORE)
MORE I have one question to ask the witness. (RICH stops) That's a chain of office you are wearing. (Reluctantly RICH faces him) May I see it? (NORFOLK motions him to approach. MORE examines the medallion) The red dragon. (To CROMWELL) What's this?
CROMWELL Sir Richard is appointed Attorney-General for Wales.
MORE (Looking into RICH'S face, with pain and amusement) For Wales? Why, Richard, it profits a man nothing to give his soul for the whole world . . . But for Wales! (Exit RICH, stiff-faced, but infrangibly dignified)
CROMWELL Now I must ask the Court's indulgence! I have a message for the prisoner from the King. (Urgently) Sir Thomas, I am empowered to tell you that even now--
MORE No no, it cannot be.
CROMWELL The case rests! (NORFOLK is staring at MORE) My lord!
NORFOLK The jury will retire and consider the evidence.
CROMWELL Considering the evidence it shouldn't be necessary for them to retire. (Standing over FOREMAN) Is it necessary?
FOREMAN (Shakes his head) No, sir!
NORFOLK Then is the prisoner guilty or not guilty?
FOREMAN Guilty, my lord!
NORFOLK (Leaping to his feet; all rise save MORE) Prisoner at the bar, you have been found guilty of High Treason. The sentence of the Court
MORE My lord! (NORFOLK breaks off. MORE has a sly smile. From this point to end o f play his manner is o f one who has fulfilled all his obligations and will now consult no interests but his own) My lord, when I was practicing the law, the manner was to ask the prisoner before pronouncing sentence, if he had anything to say.
NORFOLK (Flummoxed) Have you anything to say?
MORE Yes. (He rises; all others sit) To avoid this I have taken every path my winding wits would find. Now that the Court has determined to condemn me, God knoweth how, I will discharge my mind . . . concerning my indictment and the King's title. The indictment is grounded in an Act of Parliament which is directly repugnant to the Law of God. The King in Parliament cannot bestow the Supremacy of the Church because it is a Spiritual Supremacy! And more to this the immunity of the Church is promised both in Magna Carta and the King's own Coronation Oath!
CROMWELL Now we plainly see that you are malicious!
MORE Not so, Master Secretary! (He pauses, and launches, very quietly, ruminatively, into his final stock-taking) I am the King's true subject, and pray for him and all the realm . . . I do none harm, I say none harm, I think none harm. And if this be not enough to keep a man alive, in good faith I long not to live . . . I have, since I came into prison, been several times in such a case that I thought to die within the hour, and I thank Our Lord I was never sorry for it, but rather sorry when it passed. And therefore, my poor body is at the King's pleasure. Would God my death might do him some good . . . (With a great flash o f scorn and anger) Nevertheless, it is not for the Supremacy that you have sought my blood-but because I would not bend to the marriage!
(Immediately the scene change commences, while NORFOLK reads the sentence)
NORFOLK Prisoner at the bar, you have been found guilty on the charge of High Treason. The sentence of the Court is that you shall be taken from this Court to the Tower, thence to the place of execution, and there your head shall be stricken from your body, and may God have mercy on your soul!
(The trappings of justice are flown upwards. NORFOLK and CRANMER exit with chairs. The lights are dimmed save for three areas: spots, left, center, and right front, and a black arch cutout is lowered. Through this arch-where the ax and the block are silhouetted against a light o f steadily increasing brilliance-comes the murmur o f a large crowd, formalized almost into a chant. The FOREMAN doffs cap, and as COMMON MAN he removes the prisoner's chair and the two benches. CROMWELL pushes the table off, takes a small black mask from basket and puts it On COMMON MAN. The COMMON MAN thus becomes the traditional Headsman. He ascends the stairs, sets up the block from its trap, gets the ax and then straddles his legs. At once the crowd falls silent. Exit CROMWELL, dragging basket. NORFOLK joins MORE in the center spot. CRANMER takes his position on the rostrum. The WOMAN goes under the stairs) I can come no further, Thomas. (Proffering a goblet) Here, drink this.
MORE My Master had easel and gall, not wine, given him to drink. Let me be going.
MARGARET Father! (She runs to him in the center spot and flings herself upon him) Father! Father, Father, Father, Father!
MORE Have patience, Margaret, and trouble not thyself. Death comes for us all; even at our birth- (He holds her head and looks down at it for a moment in recollection) even at our birth, death does but stand aside a little. And every day he looks towards us and muses somewhat to himself whether that day or the next he will draw nigh. It is the law of nature, and the will of God. (He disengages from her. Dispassionately) You have long known the secrets of my heart.
(MARGARET exits with NORFOLK)
WOMAN Sir Thomas! (He stops) Remember me, Sir Thomas? When you were Chancellor, you gave a false judgment against me. Remember that now.
MORE Woman, you see how I am occupied. (With sudden decision goes to her in the left spot. Crisply) I remember your matter well, and if I had to give sentence now I assure you I should not alter it. You have no injury; so go your way; and content yourself; and trouble me not! (She exits. He walks swiftly to the stairs, then stops, realizing that CRANMER, carrying his Bible, has followed him. Quite kindly) I beseech Your Grace, go back. (Offended, CRANMER does so. The lighting is now complete, i.e., darkness save for three areas o f light, the one at cutout arch now dazzlingly brilliant. When MORE gets to head of stairs by the Headsman, he turns to Headsman) Friend, be not afraid of your office. You send me to God.
CRANMER (Envious rather than waspish) You're very sure of that, Sir Thomas.
(He exits)
MORE (Takes off his hat, revealing the gray disordered hair) He will not refuse one who is so blithe to go to him.
(Kneeling. Immediately is heard a harsh roar o f kettledrums. There is total blackout at head of the stairs, while the drums roar. Then the drums cease)
HEADSMAN (Bangs the trap down, in the darkness) Beholdthe head-of a traitor! (The lights come up)
COMMON MAN (Comes to the center o f the stage, having taken off his mask) I'm breathing . . . Are you breathing too? . . . It's nice, isn't it? It isn't difficult to keep alive, friendsjust don't -make trouble-or if you must make trouble, make the sort of trouble that's expected. Well, I don't need to tell you that. Good night. If we should bump into one another, recognize me. (He exits)
Curtain