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
The King is Dead Page 13