other the premiss's shall hoily remayn and cum to our sayd Doughter Mary and the heyres of her body laufully begotte' upon condition that our sayd doughter Mary after our deceasse shall not mary ne take any personne to her husbande w'out the assent and consent of the pry vey consaillours and others appoincted by us to be of counsail wt' our deerest sonne prince Edwarde aforsayd to be of counsail or of the moost part of them or the most of such as shall thence be alyve therunto before the said mariage had in writting sealed wt' their seales. All which condition we declare limite appoinct and will by these p'nts shalbe knitt and invested to the sayd estate of our sayd doughter Mary in the sayde Imperial Crou'n and oth the premiss' And if it fortune our sayd Doughter Mary to dye w'out issue of her body laufully begotte' We will that after our deceasse and for default of Issue of the severall bodyes of us and our sayd sonne prince Edwarde laufully begotte' and of our Doughter Mary the sayd imperial crown and oth'r the p'misses shall holly remayn' and cum to our sayd Doughter Elizabeth and to the heyres of her body laufully begotte' Upon condition that our sayd doughter Elizabeth after our deceasse shall not mary nor take any p'sonne to her husbande w'out the assent and consent of the priviey Counsaillours and others appointed by us to be of counsaill' w't our sayd deerest sonne prince Edwarde or the moost p't of them or the moost p't of such of them as shalbe thenne on lyve thereunto before the same mariage had in writting sealed w't their seales which condition we declare limitt appoinct and will by these p'nts shalbe to the sayd estate of our sayd Doughter Elizabeth in the sayd imperial Crown and oth'r the premiss's knitt and invested And if it shall fortune our sayd Doughter Elizabeth to dye w'out Issue of her body laufully begotte' We will that after our deceass' and for default of issue of the severall bodyes of us and of our sayd sonne prince Edwarde and of our sayd Doughters Mary and Elizabeth [laufully begotte'* We will that the sayd imperial crou'n and othe' the premiss's after our deceasse and for default of thissue of the several bodyes of us and of our sayd sonne prince Edwarde and of our sayd Doughters Mary and Elizabeth laufully begotte' shall holly remayn and cum to the heyres of the body of the Lady Fraunc's our Niepce eldest doughter to our late suster the French Quene laufully begotten and for default of such issue of the body of the sayd Lady Fraunc's we will that the sayd imperial Crou❜n and other the premiss's after our deceasse and for default of issue of the several bodys of us and of our sonne prince Edwarde and of our Doughters Mary and Elizabeth' and of the lady Fraunc's laufully begotte' shall holly remayn and cum to the heyres of the bodye of the Lady Elyanore our niepce second Doughter to our sayd late Sister the French Quene laufully begotte' And if it happen the sayd Lady Elyanore to dye w'out issue of her * Erased in the Original. body laufully begotte' We will that after our deceass' and for default of issue of the several bodys of us and of our sayd sonne prince Edwarde and of our said Doughters Mary and Elizabeth and of the sayd Lady Fraunc's and of the sayd Lady Elyanor laufully begotte' the sayd imperial Croun' and other the premisses shall holy remayn and cum to the next rightfull heyrcs Also We will that if our sayd Doughter Mary doo mary w'out the consent and agreement of the pryvey counsaillours and others appoincted by us to be of counsail to our sayd sonne prince Edwarde or the moost part of them or the moost part of such of them as shall thenne be alyve therunto before the said mariage had in writting sealed wt' their seales as is aforsaid that thenne and from thensforth for lack of heyres of the several bodyes of us and of our said sonne prince Edwarde laufully begotte' the sayde imperial croun and other the premiss's shall holly remayn be and cum to our sayd Doughter Elizabeth and to the heyres of her body laufully begotten in such maner and forme as though our sayd doughter Mary wer thenne dead w'out any yssue of the body of our sayd doughter Mary laufully begotte' Any thing conteyned in this our will or in any act of parliament or statute to the contrary in any wise notw'standing And in Case our sayd doughter the Lady Mary do kepe and parforme the sayd condition expressed declared and limited to her estate in the sayd imperial crown and other the premiss's by this our last will declared And that our sayd doughter Elizabeth for her p'te do not kepe and parforme the sayd condición declared and limited by this our Last Will to the estate of the sayd Lady Elizabeth in the sayd imperial croun of this realme of England and Irlande and other the premiss's We will that thenne and from thensforth' after our deceas and for lack of heyres of the several bodyes of us and of our sayd sonne prince Edwarde and of our said doughter Mary laufully begotte' the said imperiall crown and other the premiss's shall holly remayn and cum to the next heyres laufully begotte' of the body of the sayd Lady Fraunc's in such maner and forme as though the sayd Lady Elizabeth wer then dead w'out any heyre of her body laufully begotten Any thing conteyned in this will' or in any act or statute to the contrary notwithstanding The remainders over for lack of issue of the sayde Lady Frauncis laufully begotte' to be and contynue to such personnes like remaindres and estat's as is before limited and declared. Also We being now at this tyme thanks be to Almighty God of p'faict memory do constitute and ordeyn these p'sonnag's following our executours & parformers of this our last will and Testament Willing com'nding and praing them to take upon them thoccupation and parformaunce of the same as executours That is to saye Tharchebishop of Canterbury, The Lord Wriothesley Chauncelour of Englande, The Lord St. John great M'r of our house, Th'erle of Hertford great Chambrelain of Englande The Lord Russel lord privey Seale, The Vis- maner of men for discharge of our conscience count Lisle high admiral of Englande, The bi-charging our executours and all the rest of our shop Tunstall of Duresme, Sir Anthony Broun' counsaillo's to see the same done p'formed knight M'r of our horse, Sir Edward Montagu finished and accomplished in every poinct forknight chief Juge of the co'myn place, Justice seing that the sayd gifts graunt's promiss' and Bromley, S'r Edward North' knight Chaunce- recompens' shall appeir to our sayd executours lour of thaugmentac'ons, Sir Will'm_Paget or the moost p't of them to have been graunted knight Chief Secretary, Sir Anthony Denny, made accorded or promesed by us in any maner S'r Will'm Harbard knights chief gentlemen of wise. our privey chambre, S'r Edward Wootton knight and M'r Doctor Wootton his brother, and all these We woll to be o'r executours and counsaillours of the privey Counsail wt' our said sonne prince Edwarde in all maters concerning both his private affayres and publicq' affayres of the Realme Willing and charging them and every of them as they must and shall aunswer at the day of Judgement truely and fully to see this my Last Will p'formed in all things wt' asmoch spede and diligence as may be and that noon of them presume to medle wt' any of our treas'r or to do any thing appoincted by our sayd will alone onles the moost part of the hole nombre of their coexecutours doo consent and by writting agree to the same And will that our said executours or the moost p't of them may laufully do what they shall think moost convenient for th'execution of this our Will w'out being troublid by our sayd sonne or any others for the same Willing further by this our Last Will and testament that S'r Edmund Peckh'm our trusty s'vaunt and yet Coferar of our house shalbe Treasorer and have the receipt and layng out of all such treas'r and money as shalbe defrayed by our executours for the p'formaunce of this o'r last will straictly chardging and co'maunding the sayd S'r Edmunde that he pay no great somme of money but he have furst the hand's of our said executours or of the moost part of them for his discharge touching the same, charging him further upon his allegeaunce to make a true accompt of all such sommes as shalbe delivred to his hands for this purpose. And sithens we have now named and constituted our executours We woll and charge them that furst and above all thinges as they will aunswer before god and as We putt our singuler trust and confidence in them that they cause all our due debts that can be reasonnably shewed and proved before them to be truely contented and paye assone as they conveniently can or may after o'r deceas w'out longer delaye And that they do execute these poincts furst That is to say the payment of our debts wt' redres of Injuries if any such can be duely proved though to us they be unknown before any oth'r part of this our Will and Testament, our buryall Exequyes and funerall only excepted. Furthermore We woll that all such graunt's and gift's as we have made gyve' or promised to any which be not yet p'faicted under our Signe or any our seales as they ought to be, and all such recompenses for exchanges sales or any oth'r thing or thing's as ought to have been made by us and be not yet accomplished shalbe p'faicted in every point toward's all Further according to the Lawes of Almighty God and for the fatherly love which we beare to our sonne Prince Edwarde and to this our Realme We declare him according to justice equite and conscience to be our Laufull heyer and do gyve and bequeith unto him the Succession of our Realmes of England and Irlande wt' our title of Fraunce & all our dominions both on this side the Sees and beyonde (a convenient portion for our will and testament to be res'ved) Also We give unto him all our plate stuff of household Artillery Ordenaunce Munitions Ships Cabells and all other things & implements to them belonging and money also and Jewels saving such portions as shall satisfye this our last will and Testament charging and commaunding him on peyn of our Curse seing he hath so loving a father of us and that our chief labour and studye in this woorld is to establishe him in the croun' imperial of this Realme after our deceass' in such sort as may be pleasing to God, and to the wealth' of this realme and to his oun honour and quyet that he be ordred and ruled both in his mariage and also in ordering of thaffaires of the Realme as well outward as inwarde and also in all his oun private affayres and in gyving of offices of charge by thadvise and counsail of our right entierly beloved Counsaillours th'archebishop of Canterbury, the lord Wriothesley Chauncelour of England, The lord St. John great Mr of our house, The Lord Russel Lord privey seale, Th'erle of Hertford great Chambrelaine of Englande, The Visconte Lisle, high Admiral of Englande, The Bishop of Duresine Tunstall, Sir Anthonye Broun Mr of our hors', Sr Willm Paget o'r chief Secretarye Sir Anthony Denny, Sir Willm Herberd, Justices Montague and Bromley, Sr Edward Wootton and Mr Doctor Wootton and Sr Edward North whom We ordeyn name and appoinct and by these p❜nts signed w't our Hand do make and constitute of privey counsail w't our sayd sonne, and woll that they have the gouvernement of our moost deere sonne prince Edward and of all our Realmes, Dominions and Subgects and of all the affayres public and private until he shall have fully accompleted the eightenth yeir of his age. And for bicaus the variete and nombre of thing's affayres and maters ar and may be such as We not knowing the certainty of them before cannot conveniently prescribe a certain order or Rule unto our forsayd Counsaillors for their behaviours and procedings in this charge which We have now & do appoinct unto them about our sayd sonne during the tyme of his minorite aforsayde We therefor for the sp'iall trust and confidence which we have 751] STATE TRIALS, 1 MARY, 1553.-Proceedings against Lady Jane Grey, [752 the sp'iall trust and confidence which we have be, Sir Thomas Cheney knight Treasorer of our in the Erles of Arundel and Essex that now of our household, Sir Anthony Wingfield, Household, Sir Joh' Gage knight, Comptroller knight our Vichambrelayn, Sir Will'm Petre knight oon of our twoo principall Secretarys, knight, Sir Rafe Sadieyr knight, Sir Thomas Sir Richard Riche kuight, Sir John Baker Seymour knight, Sir Richard Southwell and Sir Edmunde Peckh'm knights they and every of them shalbe of Counsail for the ayding and assisting of the fornamed Counsaillours and our called by our said executours or the more p't executours whenne they or any of them shalbe of the same Item We bequethe to our doughters Mary any outward potentate by thadvise of the forand Elizabeth's mariag's they being maried to sayd Counsaillours if we bestowe them not in plate Jewels and household stuff for ech of them our lief tyme ten thousands pounds in money or a larger some as to the discretion of our thought convenient Willing them on my bless executours or the more part of them shalbe ings to be ordered as wel in mariage as in all Counsaillours and in cace they will not thenne other laufull thinges by thadvise of our forsayde the somme to be minished at the Counsaillours discretion. in them woll and by these p'nts do give and graunt full powre and authorite unto our sayd Consaillours that they all or the moost part of them being assembled togidres in counsaill or if any of them fortune to dye the more part of them which shalbe for the tyme lyving being assembled in Counsaill togidres shall and may make divise and ordeyn what thing's soever they or the more part of them as aforsayd shall during the minorite aforsayde of our said sonne think meet necessary or convenient for the benifit honour and suretye or the weale profet or commodytye of our sayd Soune, his Realmes, Dominions or Subgects or the discharge of o'r conscience And the same thing's devised made or ordeyned by them or the more part of them as aforsayd shall and may laufully do execute and accomplishe or cause to be done executed and accomplished by their discretions or the discretions of the more part of them as aforsayde In as large and ample maner as if we had or did expresse unto them by a more sp'iall Commission under our great Seale of Englande every particuler cause that may chaunce or occurre during the tyme of our sonnes sayde minorite and the self same maner of proceding' which they shall for the tyme think meet to use and folowe Willing and charging' our sayd sonne and all others which shall hereafter be Counsaillours to our sayd sonne that they never charge molest trouble nor disquyet o'r forsayde Counsaillours nor any of them for the devising or doing nor any oth'r personne for the doing of that they shall devise or the more part of them devise or do assemled as aforesaid. And We do charge expresscly the same our entierly beloved Counsaillours and executours that they shall take upon them the rule and charge of our sayd sonne and heyre in all his causes and affayres and of the hole Realme doing nevertheles all thinges as under him and in his name until our sayde sonne and heyre shalbe bestowed and maryed by their advise and that the eightenth yere be expyred. Willing and desyring furthermore our forsayd trusty Counsaillours and they all our trusty and assured s'vaunts and thirdly all other our Loving Subgects to ayde and assist our fornamed Counsaillours in thexecution of the premiss's during the forsayd tyme Not doubting but they will in all thing's deale so truely and uprightly as they shall have cause to think them well chosen for the charge committed unto them. Straictly charging our Furthermore for the kindnes and good sayd Counsaillours and executours and in s'vice that our sayd executours have shewed Godds name we exhort them that for the sin-them such som'es of money or the value of the unto us We give and bequethe unto eche of guler trust and special confidence which we have and ever had in them to have a due and bishop of Cantorbury v-c m'rks. To the Lord same as hereafter ensuith; firste to Tharche diligent eye perfaict zeale love and affection to the honour surety estate and dignitye of our Wriothesley v-c li. To the Lord Seint John sayd sonne and the good state and prosperite Hertford v-c li. To the Visconte Lisle v-cli. v-cli. To the Lord Russell v-c li. To Therle of of this our Realme And that all delayes To the bishop of Duresme ccc li. To Sir Ansett a part they will ayde and assist our sayde thonye Broun' ccc li. To Sir Will' Paget ccc Counsaillours and executours to the p'form-li. To Sir Anthony Denny ccc li. To Sir Will'm aunce of this our present Testament and Last Will in every part as they will aunswer befor God at the Daye of judgeme't cum venerit Judicare vivos et mortuos. And furthermore for Further our Will is that from the furst hower of lief and wisedom being in our fornamed thre thousand pounds in plate Jewels and Stuff Herberd, c.c.c. li. To Justice Montague ccc. THE WILL OF KING EDWARD THE SIXTH. A true Copy of the counterfeit WILL supposed the sp'iall love and favour that we beare to our trusty Counsaillours and oth'r our sayd S'vaunts hereafter folowing We give and bequeyth unto them such somes of money or the value therof as is totted upon their bedes. furst to Therle of Essex cc. li. To Sir Thomas Cheney ce. li. To the Lord Herberd cc. li. To Sir John Gage cc. li. To Sir Thomas Seymour cc. li. To Sir John Gates cc. li. To Sir T. Darcy knight cc li. To Sir Thomas Speke knight cc mks. To Sir Philp Hobby knight ce mks. Sir Thomas Paston cc mks. To Sir Maurice Barkley cc mks. To Sir Rafe Sadleyr cc. li. EDWARD the Sixth by the Grace of God To Sir Thomas Carden cc li. To Sir Peter Meu'tes cc. miks. To Edward Bellingham cc. King of England France and Ireland Defender To of the Faith and the Church of England and mks. To Thomas Audeley cc miks. Edmunde Harman cc mks. To John Pen. also of Ireland in each the supreme head to all mks. To Henry Nevel c. li. To Sym- our nobles and other our good loving faithful barbe c. li. To..... Cooke c. li. To John and obedient subjects Greeting in our Lord Osburn, c. li. To David Vincent c. li. To God everlasting, for as much as it hath pleased James Rufforth keper of our hous here c. mks. the goodness of Almighty God to visit us with To.... Cecill yoman of our Robes c. mks, a long and weary sickness whereby we do feel our self to be with the same partly grown into To.... Steruhoid grome of our robes c. mks. To John Rouland page of our robes L. li. To some weakness, Albeit not doubting in the therle of Arundell Lord Chambrelain cc. li. grace and goodness of God but to be shortly To Sir Anthony Wingfield Vicechamberlain by his mighty power restored to our former ce. li. To Sir Edmund Peckham cc. li. To Sir health and strength and to live here in this tranRichard Riche cc. li. To Sir John Baker cc. li.sitory world and life such and so long time as To Sir Richard Southwell cc. li. To Mr Doctor Owen c. li. To Mr Doctor Wendy c. li. To Mr Doctor Cromer c. li. To . . . . . Alsopp. To Patrick. c. mks. To. Ayliff c. mks. To . . . . Ferrys c. mks. To Henry. c. mks. To....Hollande c. mhs. To the foure Gentilmen huishers of our chambre being dayly wayters cc. li. in all. And We will also that our Executours or the more p't of them shall gyve orders for the payments of such Legacyes as they shall think meet to such our ordenary s'vaunts as unto whom we have not appoincted any legacye by this our p'nt Testament. Finally this present writting in paper We do ordeyn and make our last Will and Testament, and will the same to be reputed and taken to all entents and purpos' for our good strong vaillable moost p'fait and last Will and Testament, and do declare all other Wills and Testaments made at any tyme by us to be voyd and of non effect. In witnes wherof We have signed it w't our hand in our Palays of Westm'r the Thirty Day of Decembre in the yeir of our Lord God, a thousand five hundred fourty and six after the computation of the church of England and of our reign' the eight and thirty yere, being present and called to be witnesses these personnes which have writte' their names her'under. HENRY R'. George Owen. E. Harman David Vincent it shall please God to stand with his most godly * There can be no doubt, it is conceived, of the genuineness of this Will, although Edward's successor who held the crown in direct opposi tion to the limitations of this will would natuThe Royal Signet is affixed to the rally be disposed by every means to detract from Will, and is perfect. W. Clerk. N. B. Parzet its validity. See Memorandum at the end. VOL. I. 3 с gotten to have and inherit the said Imperial Crown and other of our said late fathers dominions according and in such manner and form as in the said act made in the said 35th year is declared, that then the said Imperial Crown and all other the premises specified in the said act should be to the lady Mary by the naine of the lady Mary our said late fathers daughter and to the heirs of the body of the said lady Mary lawfully begotten with such conditions as by our said father should be limited by his letters patent under his great seal or by his last will in writing signed with his hand and for default of such issue the said Imperial Crown and other the premises should be to the lady Elizabeth by the name of the lady Elizabeth our said late fathers second daughter and to the heirs of the body of the said lady Elizabeth lawfully begotten with such conditions as by the said late father should be limited by his letters patent under his great seal or by his last will in writing signed with his hand as in the said act made in the said 35th year of our said late fathers reign and amongst the divers and sundry other things and provisions therein contained more plainly and at large it doth and may appear and for as much as the said limitation of the Imperial Crown of this Realm being limited by authority of parliament as is aforesaid to the said lady Mary and lady Elizabeth being illegitimate and not lawfully begotten, for as much as the marriage had between our said late father and the lady Catherine mother to the said lady Mary was dearly and lawfully undone and separation between them had by sentence of divorce according to the ecclesiastical laws. And likewise the marriage had between our said late father and the lady Anne mother to the said lady Elizabeth was also clearly and lawfully undone and separation between them had by sentence of divorce according to the ecclesiastical laws which said several divorcements have been severally ratifyed and confirmed by authority of divers acts of parliament remaining in their full force strength and effect whereby as well the said lady Mary as also the said lady Elizabeth to all intents and purposes are and be clearly disabled to ask claim or challenge the Imperial Crown or any other of our honors castles manors lordships lands tenements and hereditaments as heir or heirs to us or to any other person or persons whosoever as well for the cause before rehearsed as also for that, that the said lady Mary and lady Elizabeth be unto us but of the half blood, and therefore by the antient laws, statutes and customs of this realm be not inheritable unto us although they were legitimate as they be not indeed and for as much also as it is to be thought or at the least much to be doubted that the said lady Mary or lady Elizabeth should hereafter have and enjoy the said Imperial Crown of this realm and should then happen to marry with any stranger born out of this realm that then the same stranger having the government and the Imperial Crown in his hands would rather adhere and practise to have the laws and conformities of his or their own native country or countries to be practised or put in force within this our realm than the laws statutes and customs here of long time used whereupon the title of mheritance of all and singular our loving subjects do depend which would then tend to the utter subversion of the commonwealth of this our realm which God defend upon all which causes and matters and upon divers other considerations concerning the same we have oftentimes as well since the time of our sickness as in the time of our health weighed and considered with ourself what ways and means were most convenient to be had for the staye of our said succession in the said Imperial Crown if it should please God to call us out of this transitory life having no issue of our body lawfully begotten and calling to our remembrance that the lady Jane the lady Catherine and the lady Mary daughters of our entirely beloved cousin the lady Frances now wife to our loving cousin and faithful counsellor Henry duke of Suffolk and the lady Margaret daughter of our late cousins the lady Eleanora deceased sister to the said lady Frances and the late wife of our well beloved cousin Henry earl of Cumberland being very nigh of our whole blood of the part of our fathers side and being natural born here within the realm and have been also very honourably brought up and exercised in good and godly learning and other noble virtues so as there is great trust and hope to be had in them that they be and shall very well inclined to the advancement and setting forth of our commonwealth doth therefore upon good deliberation and advice herein had and taken and having also thanks to the living God our full whole and perfect memory do by these presents declare order assign limit and appoint that if it shall fortune us to decease having no issue of our body lawfully begotten that then the said Imperial Crown of this our Realms of England and Ireland and of the confines of the same and our title to the crown and realme of France and all and singular honors castles prerogatives privileges pre-eminences authorities jurisdictions dominions possessions and hereditaments to us and our said imperial crowne belonging or in any wise appertaining shall for lack of such issue of our body remain come and become the eldest sons of the body of the said lady Francis lawfully begotten being born into the world in our life time and to the heirs male of the body of the said elder the son lawfully begotten and so from son to son as he shall be of seniority in birth of the body of the said lady Frances lawfully begotten or being born into the world in our life time and to the heirs male of the body of every such son lawfully begotten and for default of such son born into the world in our life time of the body of the said lady Frances lawfully begotten and for lack of the heirs male of every such son lawfully begotten that then the said imperial crowne and all and singular other the premises shall remaine come and be to the lady Jane eldest daughter of the said |