lady Frances and to the heirs male of the body | fully begotten and for default of such son and of the said lady Jane lawfully begotten and of the heirs male of the body of every such for lack of such heirs male of the body of the lawfully begotten that then the said imperial said lady Jane lawfully begotten that then the crown and all and singular other the premises said imperial crown and all and singular other shall remain come and be unto the eldest son the premises shall remain come and be unto of the body of the eldest daughter of the said the lady Catharine Brond daughter of the said lady Catharine lawfully begotten and to the lady Frances and to the heirs male of the body heirs male of the body of the said eldest son of the said lady Catharine lawfully begotten lawfully begotten and so from son to son as and for lack of the heirs male of the said lady they shall be of antienty in birth of the body Catharine lawfully begotten that then the said of the said eldest daughter of the body of the imperial crown and all and singular other the said lady Catharine lawfully begotten and to premises shall remain come and be to the lady the heirs male of the body of every such son Mary third daughter of the said lady Frances lawfully begotten and for lack of such heir that and to the heirs male of the body of the same then the said Imperial Crown and all and sinlady Mary lawfully begotten and for default of gular other the premises shall remain come such heirs male of the body of the said lady and be unto the eldest son of the body of Mary last before named lawfully begotten that the second daughter of the said lady Catharine then the said imperial crown and all and sin- lawfully begotten and to the heirs male of the gular other the premises shall remain come and body of the same eldest son lawfully begot be unto the eldest son of the body of the fourth ten and so from son to son as well of the body daughter of the said lady Frances and to the of the said lady Catharine lawfully as from heirs male of the body of the same eldest son son to son of the body of any other daughter lawfully begotten and so from son to son as well of the same lady Catharine lawfully begotten of the body of any other daughter of the said as the same other daughter and her said son lady Frances lawfully begotten as the same shall be of antienty in birth and to the heirs other daughter and her said son shall be of males of the body of every such son lawfully ancienty in birth and to the heirs male of the begotten and for default of such son and of the body of every such son lawfully begotten and heirs male of the body of every such son lawfor default of such sons and of the heirs male fully begotten that then the said Imperial of the body of every such son lawfully be- Crown and all and singular other the premises gotten, that then the said imperial crown and shall remain come and be to the eldest son of all and singular other the premises shall remain the body of the eldest daughter of the said lady come and be to the eldest son of the body of Mary sister to the said lady Catharine and to the lady Margaretta daughter to the lady Eleo- the heirs males of the body of the same eldest nore sister to the said lady Frances lawfully be- son lawfully begotten and so from son to son as gotten and to the heirs male of the body of the he shall be of antienty in birth of the body of same eldest son lawfully begotten and so from the said eldest daughter of the said lady Mary son to son as he shall be of antienty in birth sister to the said lady Catharine lawfully beof the body of the said lady Margarett law- gotten and to the heirs male of the body of fully begotten and to the heirs male of the every such son lawfully begotten and for lack body of every such son lawfully begotten and of such heir that then the said Imperial Crown for default of such heirs that then the said im- and all and singular other the premises shall perial crown and all and singular other the remain come and be to the eldest son of the premises shall remain come and be to the body of the second daughter of the said lady eldest son of the body of the eldest daughter of Mary sister to the said lady Catharine lawfully the said lady Jane lawfully begotten and to begotten and to the heirs male of the body of the heirs male of the body of the same eldest the same eldest son lawfully begotten and so son lawfully begotten and so from son to son from son to son as he shall be of antienty in as he shall be of antienty in birth of the body birth as well of the body of the said second of the said eldest daughter of the said lady daughter of the said lady Mary sister to the said Jane lawfully begotten and to the heirs male of lady Catharine lawfully begotten as from son to the body of every such son lawfully begotten son of the body of any other daughter of the and for lack of such heir that then the said said lady Mary sister of the said lady Catharine imperial crown and all and singular other the lawfully begotten and to the heirs males of the premises shall remain come and be to the eldest body of every such son lawfully begotten and son of the body of the second daughter of the for default of such son and of the heirs male of said lady Jane lawfully begotten, and to the the body of every such son lawfully begotten heirs male of the body of the same eldest son that then the said Imperial Crown and all and lawfully begotten and so from son to son as singular other the premises shall remain come well of the body of the said second daughter of and be to the eldest son of the body of the elthe said lady Jane lawfully begotten as from dest daughter of the said fourth daughter of the son to son of the body of any other daughter said lady Francis lawfully begotten and to the of the body of the said lady Jane lawfully be- heirs male of the body of the same eldest son gotten as the same other daughter and her said lawfully begotten and so from son to son son shall be of antienty in birth and to the as he shall be of antienty in birth of the body heirs male of the body of every such son law of the said eldest daughter of the said fourth

WITNESSES.

daughter of the said lady Francis lawfully be- observed performed and kept in all things and gotten and to the heirs males of the body of further we will and charge all our nobles lords every such son lawfully begotten and for default spiritual and temporal and all our commons of of such son and of the heirs males of the body these our said realms and the marches of the of every such son lawfully begotten that then same upon their allegiance that they and every the said Imperial Crown and all and singular of them do perform and execute this our preother the premises shall remain come and be sent declaration and limitation concerning the to the eldest son of the body of the eldest succession of the crown of this our said realms daughter of the body of the said lady Margaret and other the premises and to this our said delawfully begotten and to the heirs males of the claration and limitation concerning the same body of the same eldest son lawfully begotten established ratified and confirmed as well by and so from son to son as he shall be in an authority of parliament as by all ways and tienty of birth of the body of the said eldest means as they can to the best of their powers daughter of the said lady Margaret lawfully be- and to repress reform repeal and make void all gotten and to the heirs males of the body of acts of parliament and all other things that shall every such son lawfully begotten and our mind seem or be in any wise contrary let or disturdetermination and pleasure is that after our de- bance of this our pleasure and appointment as cease any such heir male as is before declared they will answer afore God under the commonand being king of this realm be entered into wealth of these our realms and avoid our indigeighteen years of age that then he shall have nation and displeasure And in witness that the while rule and governance of the said this is our very true mind and intent touching Imperial Crown and other the premises but the succession of our said Imperial Crown and that after the decease of the said lady Jane, all other the premises we have hereunto set our lady Catharine and lady Mary to whom as sign manual and our great seal the 21st day of appertaineth the estate of the Crown and such June in the 7th year of our reign in the preheir male limited and appointed as is aforesaid | sence of our counsellors and other our nobles be under the age of seventeen years complete whose names are underwritten to witness re that then his mother to be governor of the said cord and testify the same Imperial Crown and other the premises until the said heir male shall enter his age of eighteen years and that she shall do nothing without the advice of 6 person parcels parcel of a counsel to the number of 30 persons to be appointed by us in our last will and that the mother of such heir male limited and appointed by us in our last will and that the mother of such beir male limited and appointed as is aforesaid shall be deceased before any such beir male shall be intitled to have the said Imperial Crown and other the premises or shall die before the same heir male should enter into his age of 18 years as is aforesaid that then the said Imperial Crown and other the premises shall be governed by the council Provided always that after the said heir male shall be of the age of 18 years complete all matters of importance shall be opened and declared unto in and that during the rule of the said mother being governor as is aforesaid it shall fortune 4 of the council to die that then she by her letters shall have authority - to call and assemble of the whole council remaining within one month then next following to chuse 4 more to be of the said council to make up the said council of 30 persons in which case she shall have only 3 voices but after her death the 26 of the said council of 30 persons shall chuse so many persons to be of the said council as shall with themselves make up the said council to the said number of 30 persons provided always that the said heir male when he shall come to the age of 18 years shall reign by the advice of the said council so many to be of the said council as shall then want of the said number of 30 persons to make up and fulfill the said number of the said council of 30 persons and we will that this our declaration order assignment limitation and appointment be truly

T. Cant., T. Ely, cane., Winchester, Nor-
thumb., Jo. Bedford, H. Suffolk, W. North
ton, Arundell, Oxford, H. Westmorland, F.
Shrewsbury, John Warwick, W. Worcester,
F. Huntingdon, Penbroke, E. Clinton, F.
Darcy, Nic. London, Henry Abinge, G.
Cobham, Will. Grey, G. Tallbot, T. Fitzwa
ters, William Windesor, J. Bray, Thom.
Wentworthe, John St. John, R. Riche, Wil-
liam Willoughby, Francis Russell, J. Fitz-
warrin, G. Fitzgerald, H. Strange, Thomas
Gray, Chenye, William Bu, Richard Cotton,
John Gate, Will. Petres, W. Cecille, John
Cheek, Roger Cholmeley, Edward Monta
gue, Henry Bradschawe, Jolm Bakere, Hom
fre Brown, Henry Portman, Robart Bowis,
Ja. Masone, R. Sadler, Rich. Sakeingle,
Edward Northe, A. Sentleger, Will. Paget,
Tho. Wrothe, Henry Sydney, Morris Bark-
ley, N. Throgmorton, Rics Blount, Henri
Gage, Ric. Southwell, John Williams, Henri
Norres, Antoni Browne, James Dyer, John
Gosnold, Will. Fitzwilliam, Willm. Croke,
Henry Newill.

George Barne, Mayor.
John Gresham, Andrew Judde, Ric. Dob-
bys, W. Darnscile, Augustin Hinde, John
Lambarde, Thomas Offley, Will. Garrard,
Lawranc Wether, Edward Rogeres, Adrian
Poinings, Pine Will. Huitt, R. Bret, P'me
William Chester, Antony Browne, John
Raynford, Ro. Southwell, By me Thomas
Zodge, Thomas Bowere, Emanuel Zucar,
John Wither, Wm. Bury, Richard Mallorye,
Henry Fisher, Apofore Dawntesey, Ric.
Chamblyn, Henry Brown, Richard Hilles,
William Knight, William Gytford, Ric,
Broke, W. Bury,

761] STATE TRIALS, 1 MARY, 1553.-Arraignment of the Duke of Suffolk.

Mem. This is a true Copy of Edward the 6th's Will taken out of the Original under the Great Seal which Robert Cotton delivered to the King's Majesty the 17th of April 1611 at Royston to be cancelled.

Rapin's Account of the making of this Instrument is as follows:

"Mean while Edward was still troubled with a defluction upon his lungs, which wasted him by degrees, and daily grew more dangerous. Some affirm downright, that a slow poison had been given him, and throw the suspicion of it upon the duke of Northumberland. Others only insinuate such a thing, without saying it positively. But when all is done, both speak only by conjecture, without giving any proof. The young king saw death approaching without any fears as to himself. But he could not reflect, without an extreme concern, on the state Religion would be in under his sister Mary, who was to succeed him. It is very probable the duke of Northumberland, who hardly ever left him since his illness, took care to heighten his fears in that respect, on purpose to bring him the more easily to the pass he desired. All hopes however of the king's recovery were not given over till the middle of May, when in all likelihood the physicians told the duke of Northumberland his case was desperate. Then it was that he matched the Lord Guilford Dudley, his fourth son, the only one unmarried, with Jane Grey, eldest daughter of the new duke of Suffolk, by Francis Brandon, who was by Henry 8th's Will the next in the succession after the princess Elizabeth. At the same time Jane's two sisters were also married; the second, the lady Catherine, to the earl of Pembroke's eldest son, the lord Herbert; the third, the lady Mary, [who was crooked] to [the king's groom-porter] Martin Keys. These marriages were solemnized about the end of May, when there was no hope of the king's recovery. At last, one day as the young king was expressing the excessive trouble he was under, when he considered the princess Mary his sister would do her utmost endeavour to destroy the reformation, the duke of Northumberland broke the ice. He represented to the king that there was but one way to prevent the misfortunes England was threatened

[762

with, in case the princess Mary ascended the
throne after him; and that was, to settle the
crown on the lady Jane Grey his daughter-in-
law. Indeed it was natural in excluding Mary,
to transfer the crown to her sister Elizabeth,
whom the king tenderly loved, and who was
But pro-
a hearty friend to the reformation.
bably the duke told the king, that as he could
not set aside Mary but on the specious pre-,
tence of her being illegitimated, the same rea-
son was in force with regard to Elizabeth,
since the marriages of their mothers were alike
annuiled. That therefore, either the succession
was to be left as the late king had settled it, or
the princesses were to be both excluded toge-
ther. Very likely the young king who found
himself dying, and who thought only of saving
the reformation from the impending destruction,
was prevailed upon by this argument, to sacri-
fice the princess Elizabeth. Besides, he had a
very great esteem and affection for Jane Grey,
who was an accomplished lady both in body
and mind. However this be, the king having
taken the resolution suggested to him by the
duke of Northumberland, three judges of the
realm were sent for, and required to draw an
assignment of the crown to Jane Grey. The
judges desired a little time to consider of it.
At last they answered, they could not take
upon them to do any such thing, without being
guilty of high-treason. Adding, that all the
privy-counsellors who consented to the assign-
ment, would unavoidably be liable to the pains
expressed in the act of parliament made for
that purpose. Upon which the duke of Nor-
thumberland fell into such a passion, that he
had like to have beaten the judges; neverthe-
less they stood to what they had said. On the
15th of June they were sent for again, and at
length by threats and the expedient of a pardon
under the great seal, they were wrought upon
to draw the settlement of the crown, which was
signed by all the rest of the judges except
Hales, who could never be prevailed with to
do it. All the privy-counsellors set their hands
to it likewise on the 21st of the same month.
Cranmer was absent that day on purpose to
avoid signing: but the king importuned him
so nruch, that he set his hand at last as a wit-
ness, as it is pretended, and not as a privy-
counsellor."

48. Arraignment and Execution of HENRY GREY duke of SurFOLK: 1 MARY, A. D. 1553. [Cotton. MSS. in Brit. Museum. 3 Fox's Acts and Monum. 617.]

As to the duke of Suffolk, there is in the Cotto- | This Henry duke of Suffolk being condemned nian collection a brief MS. account of him in the following words:

Henry Fitzallan lord Maltravers and lord steward of her majesty's houshold and lord high steward of England at the Arraignement of Henry lord Grey duke of Suffolk, father of the lady Jane, married to Guilford Dudley

W

by his peers for combining in rebellion with yatt against the Queen and her proceedings with Spain had sentence of death pronounced against him, which he suffered the 23rd of Feb. upon the Tower-hill, where he most christianly made profession of his faith with great repentance of his fact.-This duke's facility too by practices

had occasioned the troubles wherewith this | down.-Then Weston said that it was the realm had for some years been distracted, and his rash ingratitude, the queen having once pardoned him beyond expectation, had diverted the current of the queen's clemency towards his daughter the lady Jane, whose life, it was generally conceived, she would have pardoned but her father's miscouncelled rashness hastened her death.

49. The Trials of JOHN DUDLEY duke of Northumberland, WILLIAM PARR marquis of Northampton, and JOHN DUDLEY earl of Warwick, for High Treason, in the Court of the Lord High Steward, at Westminster, 18th August, 1 MARY, A. D. 1553; and also of Sir JOHN GATES, Sir HENRY GATES, Sir ANDREW DUDLEY, and Sir THOMAS PALMER, at Westminster, for the same Crime, the day following. [Harleian MSS. 2 Kennett's Compl. Hist. 334.]

|

["The Proceedings against these noblemen and
others, for asserting the Title of the lady
Jane Grey to the Crown, and opposing that
of queen Mary, seem to deserve a place in
this Collection, chiefly on account of the
questions of law proposed to the court by
the duke of Northumberland, previously to
his confession of the Indictment. The Har-
leian Manuscript, which we shall first lay
before the reader, is copied from Hollings- |
head, except the latter part about the mar-
quis of Northampton and the earl of War-
wick. The next account of the transaction
is immediately taken from the translation of
bishop Godwin's Annals of Mary,' in Ken-
net's Complete History of England,' but is
acknowledged by bishop Godwin to be ex-
tracted from the great French Historian of
his own time, the president de Thou." Har-
grave.]

Extract from the Harleian Manuscript. THOMAS duke of Norfolke sittinge as high steward of England, on the 18th day of August were brought before him John Dudley duke of Northumberland, William Parre marquesse of Northampton, and the earle of Warwicke, sonne to the duke of Northumberland. The duke of Northumberland, att his cominge to the barre, vsed greate reverence towards the judges, and protestinge his ffaith and obedience to the queene's majesty, whome he confessed grievously to haue offended, he said; that hee meant not to speake any thinge in defence of himselfe; but would first vnderstand the opinion of the courte in two points. 1. Whether a man, doinge an acte by the authority of the prince and counsell, and by a warrant of the greate seale of England, and doeinge nothinge without the same, may bee charged for treason for any thinge which hee might doe by warrant thereof? 2. Whether any such persons, as were equally culpable in that crime, and those by whose letters and commaundements he was directed in all his doeings, might bee his judges, or passe vpon his tryall att his death?

Wherevnto was answeared, That, as concerninge the first, the greate seale, which hee layd for his warrant, was not the seale of the lawfull queene of the realme, nor passed by authority, but the seale of an Usurper, and herefore would bee noe warrant for him.

And to the second, it was alleadged, that, if any were as deepely to bee touched as himselfe in that case, yet as longe as noe atteindor were of record against them, they were neverthelesse persons able in the lawe to passe vpon any tryall, and not to bee challenged therefore, but att the princes pleasure.

After which Answere, the duke vsinge fewe words, declared his earnest repentance in the case, (for hee saw, that to stand vpon vtteringe any reasonable matter would little prevaile) and moved the duke of Norfolke to bee a meanes vnto the queene for mercy, and without further answeare confessed the Indictment; by whose example alsoe the other prisoners arraigned with him did likewise confesse the indictment produced against them, and therevpon had judgment.

The Judgment beinge pronounced, hee craved favour of such a death as was executed on noblemen, and not the other ; hee, beseeching also that a favourable regard might bee had of his children in respect of theire age, and that hee might bee permitted to conferre with some learned divine for the settlinge of his conscience; and lastly, that her majestie would bee pleased to send vnto him fowre of her counsell for the discovery of some things which might concerne the state.

The marquesse of Northampton pleaded to his Indictment, that after the beginninge of these tumults hee had forborne the execution of any publique office; and that all the while hee, intent to huntinge and other sports, did not partake in the conspiracy; but it beinge manifest that hee wast party with the duke of Northumberland, sentence passed on him likewise.

The earle of Warwicke, fyndinge that the Judges in soe greate a cause, admitted noe excuse of age, with greate resolucion heard his condemnacion pronounced against him, cravinge only this favour; that, whereas the goods of those who are condemned for treason are totally confiscated; yet her majestie would bee pleased, that out of them his debts might bee payd. After this they were all returned agayne to the Tower.

Extract from 2 Kenn. Compl. Hist. 334.

On the 18th of August, the duke of Norfolk sitting as lord high steward, those concerned in the Rebellion were tried at Westminster;