That nobleman represented to the prince, whom youth and an infirm state of health made susceptible of any impression, that his two sisters, Mary and Elizabeth, had both of them been declared illegitimate by act of parliament; and though Henry by his will had restored them to a place in the succession, the nation would never submit to see the throne of England filled by a bastard: that they were the king’s sisters by the half blood only; and even if they were legitimate, could not enjoy the crown as his heirs and successors: that the queen of Scots stood excluded by the late king’s will; and being an alien, had lost by law all right of inheriting; not to mention that, as she was betrothed to the dauphin, she would, by her succession, render England, as she had already done Scotland, a province to France: that the certain consequence of his sister Mary’s succession, or that of the queen of Scots was the abolition of the Protestant religion, and the repeal of the laws enacted in favor of the reformation, and the reëstabishment of the usurpation and idolatry of the church of Rome, that, fortunately for England, the same order of succession which justice required, was also the most conformable to public interest; and there was not on any side any just ground for doubt or deliberation: that when these three princesses were excluded by such solid reasons, the succession devolved on the marchioness of Dorset, elder daughter of the French queen and the duke of Suffolk: that the next heir of the marchioness was the lady Jane Gray, a lady of the most amiable character, accomplished by the best education, both in literature and religion, and every way worthy of a crown; and that even if her title by blood were doubtful, which there was no just reason to pretend, the king was possessed of the same power that his father enjoyed, and might leave her the crown by letters patent. These reasonings made impression on the young prince; and above all, his zealous attachment to the Protestant religion made him apprehend the consequences if so bigoted a Catholic as his sister Mary should succeed to the throne. And though he bore a tender affection to the lady Elizabeth, who was liable to no such objection means were found to persuade him that he could not exclude the one sister, on account of illegitimacy, without giving also an exclusion to the other.

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Northumberland, finding that his arguments were likely to operate on the king, began to prepare the other parts of his scheme. Two sons of the duke of Suffolk by a second venter having died this season of the sweating sickness, that title was extinct; and Northumberland engaged the king to bestow it on the marquis of Dorset. By means of this favor, and of others which he conferred upon him, he persuaded the new duke of Suffolk and the duchess, to give their daughter, the lady Jane, in marriage to his fourth son, the Lord Guildford Dudley. In order to fortify himself by further alliances, he negotiated a marriage between the lady Catharine Gray, second daughter of Suffolk, and Lord Herbert, eldest son of the earl of Pembroke. He also married his own daughter to Lord Hastings, eldest son of the earl of Huntingdon.[*] These marriages were solemnized with great pomp and festivity; and the people, who hated Northumberland, could not forbear expressing their indignation at seeing such public demonstrations of joy during the languishing state of the young prince’s health.

* Heylin, p. 199. Stowe, p. 609.

Edward had been seized in the foregoing year, first with the measles, then with the small-pox; but having perfectly recovered from both these distempers, the nation entertained hopes that they would only serve to confirm his health; and he had afterwards made a progress through some parts of the kingdom. It was suspected that he had there overheated himself in exercise; he was seized with a cough, which proved obstinate, and gave way neither to regimen nor medicines: several fatal symptoms of consumption appeared; and though it was hoped that, as the season advanced, his youth and temperance might get the better of the malady, men saw with great concern his bloom and vigor insensibly decay. The general attachment to the young prince, joined to the hatred borne the Dudleys, made it be remarked, that Edward had every moment declined in health, from the time that Lord Robert Dudley had been put about him in quality of gentleman of the bedchamber.

The languishing state of Edward’s health made Northumberland the more intent on the execution of his project. He removed all, except his own emissaries, from about the king; he himself attended him with the greatest assiduity: he pretended the most anxious concern for his health and welfare; and by all these artifices he prevailed on the young prince to give his final consent to the settlement projected. Sir Edward Montague, chief justice of the common pleas, Sir John Baker and Sir Thomas Bromley, two judges, with the attorney and solicitor-general, were summoned to the council, where, after the minutes of the intended deed were read to them, the king required them to draw them up in the form of letters patent. They hesitated to obey, and desired time to consider of it. The more they reflected the greater danger they found in compliance. The settlement of the crown by Henry VIII. had been made in consequence of an act of parliament; and by another act, passed in the beginning of this reign, it was declared treason in any of the heirs, their aiders or abettors, to attempt on the right of another, or change the order of succession. The judges pleaded these reasons before the council. They urged, that such a patent as was intended would be entirely invalid; that it would subject, not only the judges who drew it, but every counsellor who signed it, to the pains of treason; and that the only proper expedient, both for giving sanction to the new settlement, and freeing its partisans from danger, was to summon a parliament, and to obtain the consent of that assembly. The king said, that he intended afterwards to follow that method, and would call a parliament in which he purposed to have his settlement ratified; but in the mean time he required the judges, on their allegiance, to draw the patent in the form required. The council told the judges, that their refusal would subject all of them to the pains of treason. Northumberland gave to Montague the appellation of traitor; and said that he would in his shirt fight any man in so just a cause as that of Lady Jane’s succession. The judges were reduced to great difficulties between the dangers from the law, and those which arose from the violence of present power and authority.[*]

* Fuller, book viii. p. 2.

The arguments were canvassed in several different meetings between the council and the judges, and no solution could be found of the difficulties. At last, Montague proposed an expedient, which satisfied both his brethren and the counsellors. He desired that a special commission should be passed by the king and council, requiring the judges to draw a patent for the new settlement of the crown; and that a pardon should immediately after be granted them for any offence which they might have incurred by their compliance. When the patent was drawn, and brought to the bishop of Ely, Chancellor, in order to have the great seal affixed to it, this prelate required that all the judges should previously sign it. Gosnald at first refused; and it was with much difficulty that he was prevailed on, by the violent menaces of Northumberland to comply; but the constancy of Sir James Hales, who, though a zealous Protestant, preferred justice on this occasion to the prejudices of his party, could not be shaken by any expedient. The chancellor next required, for his greater security, that all the privy counsellors should set their hands to the patent: the intrigues of Northumberland, or the fears of his violence, were so prevalent that the counsellors complied with this demand. Cranmer alone hesitated during some time, but at last yielded to the earnest and pathetic entreaties of the king.[*] Cecil, at that time secretary of state, pretended afterwards that he only signed as witness to the king’s subscription. And thus, by the king’s letters patent, the two princesses, Mary and Elizabeth, were set aside; and the crown was settled on the heirs of the duchess of Suffolk; for the duchess herself was content to give place to her daughters.

* Cranm. Mem. p. 295