ness, whom she forgave most willingly. Then he willed her to stand upon the straw; which doing, she saw the block. Then she said, “I pray you despatch me quickly." Then she kneeled down, saying, "Will you take it off, before I lay me down?" And the hangman said, "No, madam." Then tied she the handkerchief about her eyes, and feeling for the block, she said, "What shall I do? Where is it? Where is it?" One of the standers-by guiding her thereunto she laid her head down upon the block, and then stretched forth her body, and said, "Lord, into thy hands I commend my spirit;" and so finished her life, in the year of our Lord God 1554, the 12th day of February.

(Acts and Monuments, of John Foxe, ed. J. Pratt, Lond. n. d. 4th ed., VI, 423.)

128. Mary's Claim to the Throne

Acts and Memorials, Foxe

That the claim of Lady Jane Grey was not without strong support is shown by the following correspondence between Mary and the lords of the council. The answer of the prominent lords to the claim of Mary is very sharp in its tone, and some of the Protestants afterward paid dearly for their partisanship of Lady Jane and for their strictures upon the legitimacy of Mary.

My lords, we greet you well, and have received sure advertisement, that our dearest brother the king, our late sovereign lord, is departed to God's mercy; which news how woful they be unto our heart, he only knoweth, to whose will and pleasure we must, and do, humbly submit us and our wills. But in this so lamentable a case, that is to wit now, after his majesty's departure and death, concerning the crown and governance of this realm of England, with the title of France, and all things thereto belonging, what hath been provided by act of Parliament, and the testament and last will of our dearest father, besides other circumstances advancing our right, you know, the realm and the whole world knoweth; the rolls and records appear by the authority of the king our said father, and the king our said brother, and the subjects of this realm; so that we verily trust that there is no true good subject, that is, can, or would pretend to be ignorant thereof; and of our part we have of ourselves caused, and, as God shall aid and strengthen us, shall cause, our right and title in this behalf to be published and proclaimed accordingly. And albeit this so weighty matter seemeth strange, that our said brother, dying upon Thursday at night last past, we hitherto had no knowledge from you

thereof, yet we consider your wisdoms and prudence to be such, that having eftsoons among you debated, pondered, and well weighed this present case with our estate, with your own estate, the commonwealth, and all our honours, we shall and may conceive great hope and trust, with much assurance in your loyalty and service; and therefore for the time interpret and take things not to the worst, and that ye will, like noblemen, work the best. Nevertheless, we are not ignorant of your consultations, to undo the provisions made for our preferment, nor of the great bands, and provisions forcible, wherewith ye be assembled and prepared by whom, and to what end, God and you know, and nature cannot but fear some evil. But be it that some consideration politic, or whatsoever thing else hath moved you thereto; yet doubt you not, my lords, but we can take all these your doings in gracious part, being also right ready to remit and fully pardon the same, and that freely, to eschew bloodshed and vengeance, against all those that can or will intend the same; trusting also assuredly you will take and accept this grace and virtue in good part, as appertaineth, and that we shall not be enforced to use the service of others our true subjects and friends, which in this our just and right cause, God, in whom our whole affiance is, shall send us. Wherefore, my lords, we require you, and charge you and every of you, that of your allegiance which you owe to God and us, and to none other, for our honour and the surety of our person, only employ yourselves, and forthwith, upon receipt hereof, cause our right and title to the crown and government of this realm to be proclaimed in our city of London and other places, as to your wisdom shall seem good, and as to this case appertaineth; not failing hereof as our very trust is in you. And this our letter, signed with our hand, shall be your sufficient warrant in this behalf.

Given under our signet, at our Manor of Kenning-hall, the ninth of July, 1553.

(Acts and Monuments, of John Foxe, ed. cit., VI, 385.)

128a. Answer of the Lords of the Council unto the Lady Mary's Letter

Madam, we have received your letters, the ninth of this instant, declaring your supposed title, which you judge yourself to have, to the imperial crown of this realm, and all the dominions thereunto belonging. For answer whereof, this is to advertise you, that forasmuch as our sovereign lady

queen Jane is, after the death of our sovereign lord Edward the Sixth, a prince of most noble memory, invested and possessed with the just and right title in the imperial crown of this realm, not only by good order of old ancient laws of this realm, but also by our late sovereign lord's letters patent, signed with his own hand, and sealed with the great seal of England in presence of the most part of the nobles, councillors, judges, with divers other grave and sage personages, assenting and subscribing to the same: we must, therefore, as of most bounden duty and allegiance, assent unto her said grace, and to none other, except we should (which faithful subjects cannot) fall into grievous and unspeakable enormities. Wherefore we can no less do, but, for the quiet both of the realm and you also, to advertise you, that forasmuch as the divorce made between the king of famous memory, king Henry the Eighth, and the lady Katherine your mother, was necessary to be had both by the everlasting laws of God, and also by the ecclesiastical laws, and by the most part of the noble and learned universities of Christendom, and confirmed also by the sundry acts of parliaments remaining yet in their force, and thereby you justly made illegitimate and unheritable to the crown imperial of this realm, and the rules, and dominions, and possessions of the same, you will, upon just consideration hereof, and of divers other causes lawful to be alleged for the same, and for the just inheritance of the right line and godly order taken by the late king our sovereign lord king Edward the Sixth, and agreed upon by the nobles and greatest personages aforesaid, surcease by any pretence to vex and molest any of our sovereign lady queen Jane's subjects from their true faith and allegiance due unto her grace: assuring you, that if you will for respect show yourself quiet and obedient (as you ought), you shall find us all and several ready to do you any service that we with duty may, and be glad, with your quietness, to preserve the common state of this realm, wherein you may be otherwise grievous unto us, to yourself, and to them. And thus we bid you most heartily well to fare. From the Tower of London, in this ninth of July, 1553.

Your Ladyship's friends, showing yourself an obedient

subject.

Thomas Canterbury.

The Marquis of Winchester. Pembroke.

Shrewsbury. John Gates.
W. Peter.

The question of the status of a queen_regnant had never been legally fixed. Custom had given to the queen consort many rights, privileges, and powers, but it had not found occasion to fix the amount of power vested in that unknown quantity in England, a reigning queen. The question was raised as to whether a woman could rule England. The Salic Law appeared to forbid, and favourable precedent was lacking. It was therefore necessary to define and confirm the status of the queen by an Act of Parliament.

AN ACT DECLARING THAT THE REGAL POWER OF THIS REALM IS IN THE QUEEN'S MAJESTY, AS FULLY AND ABSOLUTELY AS EVER IT WAS IN ANY OF HER MOST NOBLE PROGENITORS, KINGS OF THIS REALM.

FORASMUCH as the imperial crown of this realm, with all dignities, honours, prerogatives, authorities, jurisdictions and preeminences thereunto annexed, united and belonging, by the divine providence of Almighty God, is most lawfully, justly and rightfully descended and come unto the Queen's Highness that now is, being the very, true and undoubted heir and inheritrix thereof, and invested in her most royal person, according unto the laws of this realm: And by force and virtue of the same, all regal power, dignity, honour, authority, prerogative, preeminence and jurisdictions doth appertain, and of right ought to appertain and belong unto her Highness, as unto the sovereign supreme governor and queen of this realm, and of the dominions thereof, is as full, large and ample manner, as it hath done heretofore to any other her most noble progenitors, kings of this realm: Nevertheless, the most ancient statutes of this realm, being made by kings then reigning, do not only atribute and refer all prerogative, preeminence, power and jurisdiction royal unto the name of king, but also do give, assign and appoint the correction and punish

ment of all offenders against the regality and dignity of the crown, and the laws of this realm, unto the king: By occasion whereof, the malicious and ignorant persons may be hereafter induced and persuaded unto this error and folly, to think that her Highness could nor should have, enjoy and use such like royal authority, power, preeminence, prerogative and jurisdiction, nor do nor execute and use all things concerning the said statutes, and take the benefit. and privilege of the same, nor correct and punish offenders against her most royal person and the regality and dignity of the crown of this realm and the dominions thereof, as the kings of this realm, her most noble progenitors, have heretofore done, enjoyed, used and exercised.

II. For the avoiding and clear extinguishment of which said error or doubt, and for a plain declaration of the laws of this realm in that behalf.

III. Be it declared and enacted by the authority of this present Parliament, That the law of this realm is, and ever hath been, and ought to be understood, that the kingly or regal office of his realm, and all dignities, prerogatives royal, power, preeminences, privileges, authorities and jurisdictions thereunto annexed, united or belonging, being invested either in male or female, are and be, and ought to be, as fully, wholly, absolutely and entirely deemed, judged, accepted, invested and taken in the one as in the other; so that what or whensoever statute or law doth limit and appoint that the king of this realm may or shall have, execute and do any thing as king, or doth give any profit or commodity to the king, or doth limit or appoint any pains or punishment for the corrections of offenders or transgressors against the regality and dignity of the king or of the crown; the same, the Queen (being supreme) governess, possessor and inheritrix to the imperial crown of this realm, as our said sovereign lady the Queen most justly presently is, may be the same authority and power likewise have, exercise, execute, punish, correct and do, to all intents, constructions and purposes, without doubt, ambiguity, scruple or question; any custom, use or scruple, or any other thing whatsoever to be made to the contrary notwithstanding.

(Ed. from Statutes at Large, ed. cit., IV, 3.)