The King is Dead Page 13

  for default9 of issue and heyres of the severall

  bodyes of us and of our sonne prince Edward

  Laufully begotten and his heyres. And also for a

  full gift disposition assignement declaration limitation

  and appoinctement to whom[,] and of what estate[,]

  and in what maner forms and condition the sayde

  Imperial Crowne and other the premisses shall remayn

  [FOLIO 10]

  and cum after our deceasse and for10 default of Issue

  and heyres of the several bodyes of us and of our

  sayd sonne prince Edwarde and of our sayd doughters

  Mary and Elizabeth Laufully begotten[,] We

  by these presentes do make and declare our Last Will

  and Testament concerning the said Imperial Crowne

  and all other the premisses in maner and forme

  folowing[;] That is to saye we will be these presentes[,]

  that imedyately after our departure out of this present

  lief[,] Our sayd sonne Edward shall have and

  enioye the sayd imperial crowne and Realm of

  Englande and Irlande[,] our title to Fraunce[,] with all

  dignityes honours and preeminences, prerogatives authorites

  and jurisdictions Landes and possessions to the

  same annexed or belonging to him and his heyres

  of his body Laufully begotten[;] And for default of such

  Issue of our sayde sonne prince Edwards bodye

  Laufully begotten[,] we will the sayd imperiall crown

  and other the premisses[,] after our two deceasses,

  shall holly remayn and cum to the heyres of our

  body Laufully begotten of the body of our entierly

  beloved wief Quene Katheryn11 that now is or of

  any other our Lawfull Wief that we shall herafter

  mary[;] And for lack of such Issue and

  [FOLIO 11]

  heyres[,] we will also that after our deceasse[,] and for

  default of heyres of the several bodyes of us and

  of our said sonne prince Edward Laufully begotten[,]

  the said12 imperial Crown and all other the premisses

  shall holly remayn and cum to our sayd doughter

  Mary and the heires of her body13 Laufully begotten[,] upon condition that

  our sayd doughter Mary after our deceasse

  shall not mary ne take any personne to her husband

  without the assent and consent of the pryvey

  consaillours and others appoincted by us to to be of counsail with14 our deerest

  sonne prince Edwarde aforsayd to be of counsail[,] or of the

  moost part of them[,] or the moost part of such as shall

  thene be alyve[,] therunto[,] before the sayd mariage[,]

  had in writting sealed with their seales. All which

  condition we declare limite appoinct and will by

  these presentes shalbe knitt and invested to the sayd

  estate of our sayd doughter Mary in the sayde

  Imperial crown and other the premisses. And if

  it fortune our sayd doughter Mary to dye without

  issue of her body Laufully begotten[,] we will[,] that

  after our deceasse, and for default of Issue of

  the severall bodyes of us, and of our sayd sonne prince

  Edwarde Laufully begotten and of our doughter

  Mary[,] the sayd imperial crown and other the premisses

  [FOLIO 12]

  shall holly remayn and cum to our sayd doughter Elizabeth[,]

  and to the heyres of her body Laufully begotten[,] upon

  condition15 that our sayd doughter Elizabeth after our

  deceasse shall not marry nor take any personne to her

  husbande without the assent and consent of16 the privey

  Counsaillours and others appoincted by us to be of counsaill

  with our sayd deerest sonne prince Edwarde[,] or the moost

  part of them[,] or the moost part of such of them as

  shalbe thenne on lyve[,] therunto[,] before the same mariage

  had in writting sealed with their seales[,] which

  condition we declare limitt appoinct and will be these

  presentes, shalbe to the sayd estate of our sayd doughter

  Elizabeth in the sayd imperial Crown and other

  the premisses knitt and invested. And if it shall

  fortune our sayd doughter Elizabeth to dye without

  Issue of her body Laufully begotten[,] we will that after

  our deceasse, 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 begotten. We will that17 the

  sayd imperial crown and other the premisses after

  our deceasse and for default of th[’]issue of the

  several bodyes of us[,] and of our sayd sonne prince

  Edwarde[,] and of our sayd doughters Mary &

  [FOLIO 13]

  Elizabeth Laufully begotten[,] shall holly remayn and cum

  to the heyres of the body of the Lady Fraunces,

  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

  Fraunces[,] we will that the sayd imperial

  Crown and other the premisses after our deceasse

  and for default of issue of the several bodys

  of us[,] and of our sonne prince Edward, and

  of our doughters Mary and Elizabeth[,] and

  of the Lady Fraunces Laufully begotten[,] 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 begotten[;] And if it happen the sayd

  Lady Elyanore to dye without issue of her body

  Laufully begotten[,] we will that after our deceasse[,]

  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 Fraunces[,] and of the sayd

  Lady Elyanore Laufully begotten[,] the sayd imperial

  Crown and other the premisses shall holly remayn

  [FOLIO 14]

  and cum to the next rightfull heyres.

  Also we will that if our sayd doughter Mary do

  mary without the consent and agreement of the pryvey

  Counsaillours and others appointed 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 sayd mariage

  had in writting sealed with 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 begotten[,] the sayde

  imperial crown and other the premisses 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 without any yssue of the

  body of our sayd doughter Mary Laufully begotten[,]

  Any thing conteyned in this our will[,] or in any act

  of parliament or statute to the contrary in any

  wise notwithstanding[,] And in cace our said doughter

  the Lady Mary do kepe18 and parforme the sayd

  condition expressed declared and limited to her

  estate in the sayd imperial Crown and other

  [FOLIO 15]

  the premisses by this our Las
t Will declared[;] And

  that our sayd doughter Elizabeth for her part

  do not kepe and parforme the sayd condition declared

  and limited by this our Last Will to the estate

  of the sayd Lady Elizabeth19 in the said imperial

  crown of this realme of England and Irlande

  and other the premisses[,] 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 begotten, the said imperiall crown

  and other the premisses shall holly remayn &

  cum to the next heyres Laufully begotten of the body

  of the sayd Lady Fraunces[,] in such maner and forme

  as though the sayd Lady Elizabeth wer then

  dead without any heyres of her body Laufully begotten[;]

  Any thing conteyned in this will, or in any act or

  statute to the contrary notwithstanding[:] The

  remaindres over for lack of issue of the sayde

  Lady Fraunces Laufully begotten[,] to be and contynue

  to such personnes like remaindres and estates as is

  before Limited and Declared[.]

  Also we being now at this tyme[,] thankes be to almighty

  God[,] of parfaict memory[,] do constitute and ordeyn

  these personnages folowing our executours & parformers

  [FOLIO 16]

  of this our Last Will and Testament[,] Willing commanding

  and praing them to take upon them th[’]occupation and

  parformance of this same as executours[,] That is to

  saye; Th[’]Archebishop of Canterbury, The Lord

  Wriothesley Chancelour of Englande, The Lord

  St John great M[aste]r of our house[,] Th’erle of Hertford,

  great Chambrelain of Englande, The lord Russel

  lord privey Seale, The Visconte Lisle high Admiral

  of Englande, The bishop Tunstall of Duresme,

  Sir Anthony Brown Knight m[aste]r of our hors[,] Sir

  Edward Montagu Knight chief Juge of the comyn

  Place[,] Iustice Bromley[,] Sir Edward North Knight

  chauncelour of th[’]augmentations[,] Sir William Paget Knight our

  Chief Secretary[,] Sir Anthony Denny[,] Sir William Harbard

  Knightes chief gentlemen of our privey chamber, Sir

  Edward Wootton Knight and Mr Doctor Wootton his

  brother[.] and all these, we woll to be our executours

  and counsaillours of the pryvey Counsail with 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 performed in all thingz with as moch spede

  and diligence as may be and that noon of them

  [FOLIO 17]

  presume to medle with any of our treasyr or to do any thing

  appoincted by our sayd will alone[,] onles the moost

  part of the hole nombre of their coexecutours do

  consent and by writting agree to the same[.] And

  will that our said executours or the moost part of

  them may Laufully do what they shall think

  moost convenient for th[’]execution of this our Will

  without being troubled by our sayd sonne or any others

  for the same[.] Willing further by this our

  Last Will and testament that Sir Edmund Peckham20[,]

  our trusty servaunt and yet coserar of our house[,]

  shalbe Treasorer, and have the receipt and laying

  out of all such treaser and money as shalbe defrayed

  by our executors for the performaunce of this our Last

  Will straictly chargyng and comaunding the sayd

  Sir Edmunde that he pay no great somme of money

  but he have furst the handes 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 delivered to his handz for this

  purpose[.] And sithens we have now

  named and constituted our executours[,] we woll

  and charge them that furst and above all thinges[,]

  [FOLIO 18]

  as they will aunswer before God and as we putt our

  singuler trust and confidence in them[,] that they cause

  all our due debtes that can be reasounably shewed

  and proved before them[,] to be truely contented and payd

  assone as they conueniently can or may after our deceas

  without lenger delaye[.] And that they do execute

  these poinctes furst[:] That is to say, the payment of

  our debtes with redres of injuries[,] if any such can be

  duely proved though to us they be unknown[,]

  before any other part of this our Will and testament,

  our buryall exequyes and funeralles only excepted.

  Furthermore we woll that all such grauntes and giftes

  as we have made gyven or promised to any[,] which

  be not yet perfaicted under our Signe or any our

  seales as they ought to be[,] and all such[ ]recompenses

  for exchaunges Sales or any other thing or thinges,

  as ought to have been made by us[,] and be not yet

  accomplished[,] shalbe perfaicted in every point towardes

  all maner of men for discharge of our conscience[,]

  charging our executours and all the rest of our counsaillors

  to see the same done performed finished and accomplished

  in every poinct[,] forseing that the sayd giftz grauntes

  promises and recompenses shall appear to our sayd executours

  or the moost part of them to have been graunted made

  [FOLIO 19]

  accorded or promised by us or in any maner wise.

  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 iustice equite and conscience

  to be our Laufull heyre and do gyve and bequeith

  unto him the Succession of our Realmes of

  England and Irlande[,] with our title of Fraunce &

  all our dominions both on thisside the sees and

  beyond (a convenient portion for our Will & testament

  to be reserved)[.] Also we give unto him all

  our plate stuff of household Artillery Ordenaunce

  Munitions ships cabettes21 and all other thinges &

  implementz to them belonging[,] and money also and

  Jewelz, saving such portions as shall satisfye

  this our Last Will and Testament, Charging

  and commanding him on peyn of our curse[,] seing

  he hath so loving a father of us and that our

  chief labour and study in this world is to

  establishe him in the Crown Imperial of this

  Realme22 after our deceasse in such sort as may

  be pleasing to God[,] and to the wealth of this realme,

  and to his own honour and quyet, that he be

  ordred and ruled both in his mariage and also

  Folios 18 and 19 of Henry VIII’s last will and testament, as preserved in The National Archives, Kew. It is these pages that include the notorious ‘unfulfilled gifts’ clause, the subject of considerable historical controversy.

  [FOLIO 20]

  in ordering of th[’]affaires of the Realme as wel outward

  as inwarde[,] and also in
all his oun private affayres[,]

  and in gyving of offices of charge by th[’]advise &

  counsail of our right entierly beloved Counsaillours[,]

  th[’]archebishop23 of Cantorbury, the lord Wriothesley

  Chancelour of England, The lord St John great

  M[aste]r of our house, The Lord Russel Lord privey Seale,

  Th’erle of Hertford great Chambrelain of Englande,

  The Visconte Lisle high Admiral of England

  The Bishop of Duresme Tunstall, Sir Anthonye

  Broun M[aste]r of our Horse[,] Sir William Paget our chiefe

  Secretarye, Sir Anthony Denny[,] Sir William Herberd

  Iustices Montague and Bromley[,] Sir Edward Wootton

  and M[aste]r Doctor Wootton and Sir Edward North[,]

  Whom we ordeyn name and appoinct[,] and by these presentes

  signed with our hand do make and constitute of privey ^ counsail

  with our sayd sonne, and woll that they have the

  gouvernement of our moost deere sonne prince Edward

  and of all our Realmes dominions and Subjectz[,] and of

  all th[’]affayres publicq and private until he shall

  have fully accompleted the eightenth year of his age[.]

  And for bicaus24 the variete and nombre of thinges

  affayres and materes ar and may be such as we[,]

  not knowing the certainty of them before[,] cannot

  conveniently prescribe a certain order or Rule

  [FOLIO 21]

  unto our forsayd counsaillours for their behavoiurs and

  procedinges in this charge[,] which we have now &

  do appoinct unto them about our sayd sonne[,] during

  the tyme of his minorite aforesayde, We therefor[,]

  for the sp[ec]iall trust and confidence which we

  have in them[,] woll[,] and by these presentes do give

  and graunt25 [,] full powre and authorite unto our

  sayd Counsaillours 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 devise and ordeyn what thinges soever

  they or the more part of them as forsayd shall[,]

  during the minorite aforsayde of our said sonne