daughter of the said lady Francis lawfully begotten and to the heirs males of the body of every such son lawfully begotten and for default of such son and of the heirs males of the body of every such son lawfully begotten that then the said Imperial Crown and all and singular other the premises shall remain come and be to the eldest son of the body of the eldest daughter of the body of the said lady Margaret lawfully begotten and to the heirs nales of the body of the same eldest son lawfully begotten and so from son to son as he shall be in an tienty of birth of the body of the said eldest daughter of the said lady Margaret lawfully begotten and to the heirs males of the body of every such son,lawfully begotten and our mind determination and pleasure is that after our decease any such heir male as is before declared and being king of this realm be entered into eighteen years of age that then he shall have the whole rule and governance of the said Imperial Crown and other the premises but that after the decease of the said lady Jane, lady Catharine and lady Mary to whom as appertaineth the estate of the Crown and such heir male limited and appointed as is aforesaid be under the age of seventeen years complete that then his mother to be governor of the said 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 heir male limited and appointed as is aforesaid shall be deceased before any such heir 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 him 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

observed performed and kept in all things and further we will and charge all our nobles lords spiritual and temporal and all our commons of these our said realms and the marches of the same upon their allegiance that they and every of them do perform and execute this our present declaration and limitation concerning the succession of the crown of this our said realms and other the premises and to this our said declaration and limitation concerning the same established ratified and confirmed as well by authority of parliament as by all ways and means as they can to the best of their powers and to repress reform repeal and make void all acts of parliament and all other things that shall seem or be in any wise contrary let or distur bance of this our pleasure and appointment as they will answer afore God under the commonwealth of these our realms and avoid our indignation and displeasure And in witness that this is our very true mind and intent touching the succession of our said Imperial Crown and all other the premises we have hereunto set our sign manual and our great seal the 21st day of June in the 7th year of our reign in the presence of our counsellors and other our nobles whose names are underwritten to witness record and testify the same

T.

WITNESSES.

Cant., T. Ely, canc., Winchester, Northumb., Jo. Bedford, H. Suffolk, W. Northton, Arundell, Oxford, H. Westinorland, 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, William Willoughby, Francis Russell, J. Fitzwarrin, G. Fitzgerald, H. Strange, Thomas Gray, Chenye, William Bu, Richard Cotton, John Gate, Will. Petres, W. Cecille, Joha Cheek, Roger Cholmeley, Edward Montague, Henry Bradschawe, John Bakere, Homfre 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, Ric. Blount, Henri Gage, Ric. Southwell, John Williams, Heori Norres, Antoni Browne, James Dyer, John Gosnold, Will. Fitzwilliam, Willin. Croke, Heury Newill.

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

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:

Others

"Mean while Edward was still troubled with a defluction upon his lungs, which wasted him by degrees, and daily grew more dangerous. Some athrm downright, that a slow poison had been given him, and throw the suspicion of it upon the duke of Northumberland. 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 preyent the misfortunes England was threatened

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-inlaw. Indeed it was natural in excluding Mary, to transfer the crown to her sister Elizabeth, whom the king tenderly loved, and who was a hearty friend to the reformation. But probably the duke told the king, that as he could not set aside Mary but on the specious pretence of her being illegitimated, the same reason was in force with regard to Elizabeth, since the marriages of their mothers were alike annulled. That therefore, either the succession was to be left as the late king had settled it, or the princesses were to be both excluded together. 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 sacrifice 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 assignment, would unavoidably be liable to the pains expressed in the act of parliament made for that purpose. Upon which the duke of Northumberland fell into such a passion, that he had like to have beaten the judges; nevertheless 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 much, that he set his hand at last as a wit-*. ness, as it is pretended, and not as a privycounsellor."

AS to the duke of Suffolk, there is in the Cottonian collection a brief MS. account of him in the following words:

Henry Fitzalan lord Maltravers and lord steward of her majesty's houshold and lord high steward of England at the Araignement of Heary lord Grey duke of Suffolk, fatter of the lady Jane, married to Guilford Dudley:

This Henry duke of Suffolk being condemned by his peers for combining in rebellion with Wyatt 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 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.

Fox's Account is as follows:

Upon Saturday, being the 17th of February, the duke of Suffolk was arraigned at Westminster, and the same day condemned to die by his peers, the earl of Arundel was chief judge for this day. Upon the Sunday following, which was the 18th day of the said month, sessions was kept in London, which hath not before been kept upon the Sunday. Upon the Monday, the 19th of Feb. lord Cobham's three sons, and four other men were arraigned at Westminster: of which sons the youngest was condemned, whose name was Thomas, and the other two came not at the bar, and the other four were condemned. Upon the Tuesday, being the 20th of Feb. the lord John Gray was arraigned at Westminster, and there condemned the same day, and other three men, whereof one was named Nailer. Upon Wednesday, the 21st of Feb. the lord Thomas Gray, and sir James Croft were brought through London to the Tower with a number of horsemen. Upon the Thursday, being the 22nd of Feb. sir Nicholas Throgmorton was committed to the Tower.

Upon the Friday, being the 23d of Feb. 1554, the duke of Suffolk was beheaded at the Towerhill, the order of whose death here followeth: The godly End and Death of the Duke of Suffolk beheaded at Tower-hill, Feb. 23rd 1554. ON Friday the 23rd of Feb. 1554, about nine of the clock in the forenoon, the lord Henry Gray, duke of Suffolk, was brought forth of the Tower of London unto the scaffold on the Tower-hill, with a great company, &c. and in his coming thither, there accompanied him doctor Weston as his ghostly father, notwithstanding, as it should seem, against the will of the said duke. For when the duke went up to the scaffold, the said Weston being on the left hand, pleased to go up with him. The duke with his hand, put him down again off the stairs and Weston, taking hold of the duke, forced him down likewise. And as they ascended the second time, the duke again put him

down. Then Weston said that it was the queen's pleasure he should so do. Wherewith the duke casting his hands abroad, ascended up the scaffold, and paused a pretty while after. And then he said: "Masters, I have offended the queen, and her laws, and thereby am justly condemned to die, and am willing to die, desiring all men to be obedient, and I pray God that this my death may be an example to all men, beseeching you all to bear me witness, that I die in the faith of Christ, trusting to be saved by his blood only, and by no other trumpery, the which died for me, and for all them that truly repent, and stedfastly trust in him, And I do repent, desiring you all to pray to God for me; and that when you see my breath depart from me, you will pray to God that he may receive my soul." And then he desired all men to forgive him, saying that the queen had forgiven him.

Then Mr. Weston declared with a loud voice that the queen's majesty had forgiven him. With that divers of the standers by said with meetly good and audible voice: Such forgiveness God send thee, meaning Dr. Weston. Then the duke kneeled down upon his knees, and said the Psalm Miserere mei Deus unto the end, holding up his hands, and looking up to heaven. And when he had ended the Psalm, he said, In manus tuas Domine commendo spiritum meum, &c. Then he arose and stood up, and delivered his cap and his scarf unto the executioner.

Then the said executioner kneeled down, and asked the duke forgiveness. And the duke said God forgive thee, and I do: and when thou bring me out of this world quickly, and God doest thine office, I pray thee do it well, and have mercy to thee. Then stood there a man and said, My lord how shall I do for the money that you do owe me? and the duke said, Alas good fellow, I pray thee trouble me not now, but go thy way to my officers. Then he knit a kercher about his face, and kneeled down and said, 'Our Father which art in heaven, &c.' unto the end. And then he said, Christ have mercy upon me, and laid down his head on the block, and the executioner took the axe, and at the first chop stroke off his head, and held it up to the people, &c.

The same day a number of prisoners had their pardon, and came through the city with their halters about their necks. There were in number about 200.

["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 Harleian Manuscript, which we shall first lay before the reader, is copied from Hollingshead, except the latter part about the marquis of Northampton and the earl of Warwick. The next account of the transaction

is immediately taken from the translation of bishop Godwin's Annals of Mary,' in Kennet's Complete History of England,' but is acknowledged by bishop Godwin to be extracted from the great French Historian of his own time, the president de Thou." Hargrave.]

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 bis 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 therefore 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 hee might bee permitted to conferre with some his children in respect of theire age, and that 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.

his Indictment, that after the beginninge of The marquesse of Northampton pleaded to these tumults hee had forborne the execution of

hee, intent to huntinge and other sports, did any publique office; and that all the while 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 pleased, that out of them his debts might bee totally confiscated; 1; yet her majestie would 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;