ve 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

After this settlement was made, with so many inauspicious circumstances,
Edward visibly declined