I’ve been thinking a lot recently about Richard III’s brother, George of Clarence. You know the one–typical ‘middle child’, ‘false fleeting Clarence’, the one drowned in Malmsey who was also a drunk and quite possibly insane, hanging, as he did, old ladies on the vaguest of suspicions.
And I began considering–is George, like Richard, maligned, doomed forever to be hidden in an obscuring web of myth and invention?
Certainly he was disloyal, joining Warwick against his own brother, Edward IV. He created a fuss when Richard wanted to marry Anne Neville, his protests lasting several years. He did indeed accuse Ankaret Twynho, and others, of poisoning his wife and baby son–and hanged the old lady after a brief and decidedly unfair trial.
But mad? A drunk? And in regards to his wife and child…what if he were right?
Like Richard’s supposed hump, limp, withered arm and other defects, George’s ‘insanity’ and ‘drunkenness’ appear to have been exaggerated if not completely invented, mainly in fiction. (And yes, I admit I am guilty of adding to this stereotype myself.) There is no mention in primary sources of George drinking or being dissolute; that idea seems to have come solely from his supposed death in a vat of malmsey, and the questions it raised (ie. Did Edward have him drowned in booze because he liked a tipple and maybe even requested such an end as a macabre final joke?) Fickleness aplenty went on, certainly, and his last acts with the Twynyho affair were erratic, but he wasn’t spouting gibberish, having hallucinations, or lying catatonic like poor old Henry VI. He defended himself in regards to the charges laid against him by the King, and apparently one of Elizabeth Woodville’s main fears was that people would follow him and her children would never inherit the throne. The people of England were hardly likely to follow another mad king. This implies to me that George was not generally seen as a loony, treacherous lush, but someone who might have had some decent enough qualities, or at very least some kind of strong charisma.
So that brings us back to the whole mystery surrounding the death of George’s wife, Isabel Neville, and his infant son Richard of York. Many have claimed Isabel died of childbirth-related illness…but she actually succumbed two and a half months after the birth. Childbed fever, the biggest killer of women in her day, normally took its victims far sooner. TB has also been suggested, and it is certainly not impossible, for in some victims TB symptoms can appear with frightening suddenness and ‘gallop’ on to their bitter end, but there is no written evidence of her having such symptoms. In the interim between childbed and her death, she travelled from Tewkesbury to Warwick, which implies she was not grievously ill at that point. The baby too was alive and outlived its mother by about 10 days. So both mother and child lived more than two months after the birth and made a moderately long journey without incident before their deaths.
Ankaret Twynyho (nee Hawkeston) herself is also the subject of some myth-making. In fiction she is often portrayed as a simple ordinary local woman, perhaps the midwife who delivered Isabel’s baby. However, she was not a peasant woman, nor is their any evidence she was Isabel’s midwife. It is merely known the she ‘served’ in the Clarence household. She did leave George’s service rather quickly after Isabel’s demise however, going to her home in Keyford, Somerset in the days before George accused her of murder.
Of John Thursby, who was hanged alongside her, little is known, save that he was from Warwick and said to be her accomplice. The third person who was accused, managed (somehow and rather oddly) to escape any consequences, and is, interestingly, the one who George claimed to be the ‘mastermind’ behind the supposed poisoning. Strangely he is seldom mentioned in regards to the incident–and my feeling is his possible involvement needs to be re-assessed.
This suspect was Sir Roger Tocotes of Bromham, long time associate of George of Clarence. (Michael Hicks went so far as to suggest George might even have called him ‘friend.’) He had supported the House of York and fought at Towton, Barnet and Tewkesbury (where he may have been knighted). He even accompanied George on Edward IV’s ill-fated ‘invasion’ of France.
Why would George think this seemingly loyal supporter masterminded his wife and child’s death? What would be Tocote’s reason? What evidence existed at the time that made George believe him involved? Some writers say Tocotes ‘escaped’ George’s vengeance, others that he received an aquittal (from the king?) despite being the prime accused in Isabel’s ‘murder.’
Later, long after George’s death, Roger Tocotes would go on to be one of the Duke of Buckingham’s supporters in the October rebellion of 1483. (Richard pardoned him.) He then fought for Henry Tudor at Bosworth and did rather well for himself under the Tudor regime, becoming Sheriff of Wiltshire for a second time and also a Knight of the Body. He is buried in a very lavish chantry chapel in the parish church in Bromham, Wiltshire.
Could Roger Tocotes have indeed been a turncoat who went from friend to traitor and tried to bring Clarence and his family down? If so, who was behind it, what was the reason? After Isabel’s death, George was apparently afraid of being poisoned himself and blamed the King, his brother. He claimed Edward meant to ‘consume him in likewise as a candle is consumed by burning’. George’s seemingly wild claims have led over the years to a probably false view of him as being paranoid and mentally unstable. There is always a chance that he may have been genuinely afraid, not crazy–and that he may have truly had something to fear.
Maybe Roger Tocotes, lying in his graffiti-covered tomb in Bromham church, took a dark and unhappy secret to the grave.
Here is a passage from https://englishhistory.net/tudor/monarchs/the-road-to-bosworth-battle-of-bosworth-field/
“…Buckingham [wrote] a letter to Henry on 24 September 1483 which stated he would support the rebellion against Richard, even though he and Henry’s interests may not be perfectly compatible. What is certain is that Buckingham suspected his own life was forfeit with Richard III; he and Henry Tudor could sort out things once Richard was defeated. . .”
Two things here. That Buckingham wrote a letter to Henry on 24th September 1483, pledging support, and that he also suspected his life was in danger from Richard.
I was reminded that Kendall mentioned such a communication in his 1955 biography of Richard III, so I took a look. On page 263 of my 1968 copy, it says:-
“. . .To him [Henry Tudor] a message was sent, by the Duke of Buckingham, by the advice of the lord Bishop of Ely, who was then his prisoner at Brecknock, requesting him [Henry] to hasten over to England as soon as possible, for the purpose of marrying Elizabeth, the eldest daughter of the late King, and at the same time, together with her, taking possession of the throne. . .” Source: Croyland Chronicle
Hmm, I’ll bet that last bit went down a treat with Henry! Together with her? It would drum up support, but Henry wanted to be king on his own—not through a Yorkist wife!
By the way, if this wording was indeed contained in a letter on 24 September 1483, it signifies that the boys in the Tower were definitely dead by then. Otherwise, if Elizabeth of York could be married and reach the throne, her two brothers would necessarily have precedence over her. Did Buckingham know they were dead? Had he been the one to extinguish them—well, order their demise, not do it himself. It therefore seems to me that their deaths served the Tudor-Buckingham-Lancastrian faction far more than Richard, who was already king. And who, my instinct tells me, would not have murdered his boy nephews. He wasn’t that sort of man. And if he wanted rid of his nephews, why omit his brother Clarence’s definitely legitimate son, Warwick? Attainders can be reversed, so Warwick was a claimant too. No, no, any murdering in the Tower was at hands other than Richard’s.
The high and mighty Buckingham had a blood claim to the throne that was infinitely better than Henry’s illegitimate line, so would he really connive to put the latter on the throne? Pigs will fly, methinks. Their goals were definitely not compatible! To begin with, Buckingham was far better off with his cousin Richard, who advanced him and favoured him with lands and riches. Henry could not better that. So why did Buckingham bother with this paltry fellow in Brittany? Why indeed. I think the slippery duke intended to pretend to support Henry, and use him until the opportune moment came to take the throne for himself.
Now to come to my second point. Was Buckingham really in fear of his life from Richard? Well, only if Richard discovered his treachery! So Buckingham’s plotting must have come first, because until it was revealed, Richard seems to have continued to trust and reward his ambitious ingrate of a cousin. According to Kendall, page 268, “Not until Richard reached Lincoln on October 11 did he learn that Buckingham had betrayed him.” To my mind, from that moment on Richard was more than justified in wanting Buckingham’s treacherous head on a plate.
When he learned of the rebellion, Richard cried out bitterly that Buckingham was the most untrue creature living. Hardly the reaction of a man who’d already been intent on ending Buckingham’s life. And when the rebellion failed and Buckingham was captured, Richard wouldn’t see him. The treacherous duke was beheaded, pleading with Richard for a meeting. But Buckingham richly deserved execution. Yes, ultimately, his life was threatened by Richard. But only after he’d shown his hand, not before. And when that letter to Henry Tudor was written, Richard knew nothing, being content that his Stafford cousin was his loyal friend and supporter.
This suggests to me that the meaning of the letter, if it said that Buckingham feared for his life, was the duke’s fore-knowledge that when Richard found him out, he would indeed be in fear of that life! Cause and effect.
It wasn’t the other way around, that Richard threatened him, leading Buckingham to defend his own neck by rebelling. Buckingham was a gaudy snake. It’s a shame that the Tudor snake didn’t get its just deserts too!
We all know that Mary Stuart was beheaded at Fotheringhay on 8 February 1587 and that the Spanish Armada sailed to facilitate a Catholic invasion of England in the following year, leaving Lisbon on 28 May and fighting naval battles in late July, at Plymouth and Portland. The traditional view is that Mary Stuart’s execution and Elizabeth I’s support for the revolt in the Spanish Netherlands provoked Phillip II’s wrath.
It is quite possible that this was not the case and that Phillip had
sought to overthrow his quondam sister-in-law much earlier. Mary, as the daughter of Marie de Guise and widow of Francis II was the French-backed Catholic candidate for the English throne and Franco-Spanish rivalry ensured that Phillip, great nephew of Catherine of Aragon and a Lancastrian descendant proper+, would not act in concert with any of her plots; however her death cleared the way for him, especially as the French Wars of Religion were still to resolve themselves.
We can compare this with the England of 1685-8, as William of Orange allowed the Duke of Monmouth to attempt an invasion first and only asserted his stronger semi-marital claim against James VII/II afterwards. In 1483-5, by contrast, the Duke of Buckingham was legitimately descended from Edward III when he rebelled against Richard III, only for Henry “Tudor”, of dubious lineage, to benefit.
h/t Jeanne Griffin
+ See The Wars of The Roses, Ashdown-Hill, part 4.
The picturesque little Gloucestershire town of Thornbury is not in the Cotswolds, but down in the Vale of the River Severn, between Bristol and Gloucester. Caught between the Cotswold escarpment and the Severn estuary, it is an area of rich farmland, with orchards for cider and perry, and pasture for the production of cheese.
Everyone knows about nearby Berkeley Castle, with its grisly tales of red hot pokers, and perhaps a lot of people know there was once a castle at Gloucester, to guard the first bridge over the tidal river. Not so many will know that there is also a Thornbury Castle, or that it is now a luxury hotel.
You drive down through Thornbury’s beautiful High Street and into Castle Street, toward the originally Norman church of St Mary at the bottom. And there, behind the church, is the castle and its magnificent grounds.
Actually, Thornbury was not always a castle, for it started as a manor house, where Richard II, stayed there on this day, 26th August 1386. There the king met the Cornish writer John Trevisa, who was working on his Polychronicon and the state of the royal prerogative. Richard was to request him to write a history of English kings, from Brutus to his, Richard’s, reign.
Henry VII very graciously gave Thornbury to his uncle, Jasper Tudor, whom he elevated to become Duke of Bedford. Jasper died there on 21st December, 1495. In his bed, at the age of 60-something. Not, as Wikipedia would have it, in 1521, beheaded for alleged treason by his “distant cousin” Henry VIII. Henry appropriated Thornbury and spent part of his “honeymoon” there with his new queen, Anne Boleyn. We all know the honeymoon period was soon over!
The nobleman who died in 1521 was Edward Stafford, the 3rd Duke of Buckingham, and yes, he was executed for treason. He was the son of Henry Stafford, the second duke, whom Richard III rightly called “the most untrue creature living”. Rebellion against Richard resulted in the second duke’s execution in Salisbury in 1483. So his son hated the House of York, and supported the Tudors. Much good it did him, for they hacked his head off anyway.
So you will see that Thornbury has had its share of royal visitors. No doubt there have been more, but I only give a flavour of the history that attaches to this beautiful house. Yes, it is now a castle, having been rebuilt by the above-mentioned Edward Stafford. It was sold in 2017, and so must now be under new management.
A stay there would be a delightful experience, I’m sure, but a word of warning. Jasper Tudor’s ghost is said to wander around of a night…
Oh, and even worse, there is a room called the Duke’s Bedchamber, and it is where Henry VIII supposedly slept. Rather you occupy it, my friends, than me!
Here is a link to the hotel’s website. It contains some wonderful aerial views of the castle and grounds. Worth looking at!
The following passage is from The Darlington and Stockton Times
“The rat, the cat and Lovel our dog,
Rule all England under a hog.”
“This seemingly innocuous verse was in fact a searing criticism of those in power at the time it was written in 1484, and was found pinned to the door of St Paul’s Cathedral and other prominent places all over London. The rat was King Richard III’s confidante, Sir Richard Ratcliffe, the cat was Speaker of the Commons William Catesby, and Lovel was Viscount Lovel, who had a reputation for being the king’s ‘lap dog’ or ‘yes man’. King Richard’s emblem was a white boar, hence the reference to a hog.
“The poet was ultimately unmasked and found to be wealthy landowner William Collingbourne, a fierce opponent of the king, and he paid a heavy price for writing those few words as he was put to death for treason.”
Oh well, yet another writer who doesn’t realise that it wasn’t the verse that got Colyngbourne executed, but the treasonous plotting in which he was involved!
Here is the truth. Colyngbourne set himself against Richard III from the outset. He seems to have been caught up in Buckingham’s rebellion, apparently in favour of Henry Tudor. Clearly the fellow preferred a Lancastrian with no claim at all to the throne, to a king who was legally and truly on the throne.
On 10 July, 1483 or 1484, Colyngbourne contacted Richard’s enemies, including Henry Tudor, “to declare unto them that they should very well to return into England with all such power as they might get before the feast of St Luke the Evangelist” (which was 18 October) and “to advise the French king, that negotiations with Richard were useless as the new King meant to make war on France.” He urged Tudor to invade and land at Poole. (Which Tudor did indeed try to do—unsuccessfully—during Buckingham’s Rebellion in October 1483).
Colyngbourne was certainly stirring up dangerous trouble against Richard. His motives aren’t really known. He could simply have been in a miff for having lost positions, including that of being steward of the Wiltshire lands of the king’s mother, the Duchess of York. This position went to Francis Lovell, which probably accounts for the latter’s inclusion in the infamous lampoon.
Whatever Colyngbourne’s reasons, he paid the price of communicating with and encouraging the exiled Henry Tudor to invade Richard’s realm and land at Poole. No king could let this pass without punishment, so Colyngbourne was arrested, tried, (rightly) found guilty and executed on Tower Hill.
Yet even today, writers repeat that it was the verse that cost him his duplicitous life. According to Tudor author Edward Hall, Colyngbourne was executed “for making a small rhyme”. This was a charge that was picked up on by later writers, until Charles Ross corrected it, saying that Hall had carefully suppressed “the fact that the real indictment against him was that he had been encouraging Henry Tudor to land at Poole”.
If I’d been Richard, I’d have condemned such a traitor as well!
Wikipedia gives a fair account of Colynbourne’s activities.
The Duke of Buckingham is rather a ‘dark horse’ figure in the history of Richard III. No one knows for sure why he aided Richard to take the throne only to turn upon him in rebellion a few months later. Simplistic ideas such as ‘he repented of his ways after the princes were murdered’ don’t stand scrutiny, especially when he was the first one to suggest that Edward V be housed in the Tower, and also when the number of documents naming him as their potential killer (if indeed they were killed at all) is taken into account. Whatever happened to Edward IV’s sons, no doubt Buckingham knew…
A MAN WHO WOULD BE KING by J.P. Reedman is a new novel written from Buckingham’s first person perspective. He is certainly no ‘hero’ and the character flaws that appear even in cotemporary accounts are visible, but the addition of wry humour makes the character palatable to the reader, even amusing in his pomposity. His life is covered from his birth at Abergavenny Castle in Wales to his death on the scaffold in Salisbury. Essentially it shows what must have been the life of many a young noble in this period–a childhood full of deaths and seperations and disappointment–which was later reflected in his emerging character.
The ancestry and background of the Staffords was heavily researched for the novel too, and it becomes very clear how ‘Lancastrian’ they were. Not only did Buckingham’s grandfather die attempting to protect Henry VI in his tent as the Battle of Northampton, but his mother was Margaret Beaufort, daughter of Edmund Duke of Somerset who was killed at St Albans. The other Margaret Beaufort, Henry Tudor’s mother, was Buckingham’s aunt by marriage. Several other uncles on the Beaufort side lost their lives at Tewkesbury, fighting for Lancaster.
Henry, called Harry in the novel, is intensely proud of his heritage, harkening back tiomes and time against to his ancestry from Thomas of Woodstock, youngest son of Edward III–who seems, from the descriptions to be similar in temperament to Buckingham, being named in one popular history as the ‘Bully of Woodstock.’ Buckingham also had a copy of the document legitimising the Beauforts–only it was the early document without the addenda barring them from the throne. Between owning that and applying to wear the Arms of Thomas of Woodstock unquartered, it seemed Harry Stafford was very aware of his royal lineage. (This awareness and the classic ‘Stafford personality’ brought his son Edward to doom in the reign of Henry VIII.)
In the novel, Harry meets Richard intermittently over the years (I have come to believe they knew each other more than what is sometimes suggested by both fiction and some historians, although they do not appear to have been close friends) and attempts from the start to use him to gain favour with Edward, who never gave Buckingham any high positions save one–High Steward at George of Clarence’s trial. He begins a subtle manipulation, which changes entirely in its focus when Edward dies suddenly in 1483.
‘This is indeed a mystery’ I remarked.’ What do you think it means?’‘I have no data yet. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suite theories, instead of theories to suite facts.’
In Arthur Conan Doyle’s short story A Scandal in Bohemia, Holmes and Watson are puzzled by an anonymous and undated note, which they have received. It was the only case in which Holmes was worsted by a cleverer adversary: the beautiful Irené Adler. Holmes seldom referred to her as anything other than the Woman because in his opinion ‘she eclipses and predominates the whole of her sex’. Since this story first appeared in 1888, Holmes’ dictum has become the cornerstone of forensic investigation methodology. Criminologists, detectives, judges, lawyers, doctors, scientists, and many other professionals rely on factual data to support their judgement or opinion.
Facts are important to historians also; they are the building blocks of history and historians must not get them wrong; as AE Houseman famously remarked, ‘accuracy is a duty not a virtue’. The difficulty for English medieval historians is that the facts they rely on are often found in old manuscripts, which are hand written in ancient Latin or French by men who were not witnesses to the events they record, and whose narrative may reflect their particular political or geographic point of view. These difficulties increase where contemporary records are incomplete or not available. The historiography of King Richard III suffers from most if not all of these problems. Almost all the accounts we have of his life and reign were written by a small number of people in southern England after his death. We know quite a bit about how the people in London and the south viewed his reign and character, but little of what the rest of the country thought. Our opinion of Richard has been pre-determined for us by people who, for whatever reason, took a particular a view and preserved those ‘facts’ that supported their view. The generally poor opinion of King Richard III stems from this incomplete material: the Tudor narrative. Horace Walpole, writing during the age of reason was not impressed; he declared that while Richard might well be as execrable as they say he was, there is no reason to believe so on the available evidence.
Charles Ross in his biography of King Richard identified the ‘extraordinary problems of the evidence’ as the key issue for those seeking answers to the vital questions of when and why Richard claimed the throne. They have to deal with the paradox of his good reputation prior to April 1483 and the crimes he is supposed to have committed thereafter. Ross’ modern solution to this problem was to ignore the Tudor narrative in favour of inferring Richard’s ‘character and motives from a close scrutiny of the events themselves without preconceptions’; it has, he says, resulted in a more critical appraisal of the Tudor narrative and a better understanding of its value. Such objectivity is to be applauded; though, it does come at a cost. Ross also considers that because historians now have a better understanding of the Tudor tradition and of fifteenth century English politics, they are unwilling to throw the ‘whole bodily out of the window, especially when it can be confirmed by contemporary evidence.‘ What worries me about that proposition is that it presupposes that the contemporary sources and the Tudor writers are independent of each other: they are not. Of the major chronicles for this period, only Mancini’s narrative was written in King Richard’s lifetime. The other major source is the Second Continuation of Crowland, written about eight months after Bosworth. The English vernacular chronicles were not written until a decade or more afterwards and are so confused and contradictory that they have little or no probative value. Furthermore, the source of these accounts and also of some contemporary foreign chronicles was a member of a cabal of Tudor malcontents who wanted to seize Richard’s throne. It is illogical to think that two separate accounts emanating from the same witness can corroborate each other. The essence of corroboration is that two different witnesses give the same evidence independently.
Though modern authors may claim to be objective, the reality is that it is almost impossible to avoid taking sides. The contradiction in Richard’s reputation is such as raise ‘unhelpful issues of guilt and innocence’ within a hostile, adversarial situation in which every scrap of information is heavily scrutinized in case it sheds light on the mysteries of Richard’s protectorship and reign. Consequently much of Ricardian historiography evinces a preconception of his guilt or innocence that biases judgment. In his defence, Richard’s apologists tend to excuse even his most doubtful actions; whereas his critics’ interpret everything he does negatively and in terms of his perceived vices: violence, greed, deceit, ruthless ambition and murderous intent. His good acts are regarded as self-serving; if he is kind it is because he wants something, if he is generous he is ‘buying’ support, if his justice is firm he is a ruthless tyrant and if his sleep is disturbed by grief for his dead son and wife it is because he has a bad conscience. This preconception stems, I believe, from historical hindsight; the outcome of events in the summer and autumn of 1483 is now a matter of historical record and some historians assume that because they resulted in Richard’s accession, he always intended that outcome. That conclusion is, of course, a non sequitur and, perhaps, an example of the ‘insensible twisting of facts to suit theories’ that Holmes’ deprecates. It is also an illustration what happens when historians’ copy from each rather than analysing the prime source material de novo and critically.
I see this tendency in two post 2012 biographies by David Horspool and Chris Skidmore respectively. They are well written and researched, and make good of use local records, contemporary private documents and correspondence, and obscure manuscripts, identified only by their National Archives reference number, to highlight the minutiae of Richard’s life and reign. Unfortunately, on the ‘key questions of when and why Richard aimed for the throne, neither book tells us anything we didn’t already know or mounts an argument we haven’t heard before, or even contains an original thought. That is not a personal attack on the authors since I believe they genuinely aspired to do more; it is, however, a disappointment. David Horspool sought neutrality; he said he wanted to write an account of Richard’s life ‘without keeping a foot in either the anti or pro Ricardian camps’. Similarly, Chris Skidmore wanted to bring balance and ‘more accurate’ scholarship to his assessment of Richard. What I find particularly upsetting is the possibility that these authors, however sincere they are, may actually believe that the habitual, one might almost say ritualistic, recycling of the conventional Tudor narrative could pass for balanced and accurate scholarship. That said, I do think there is some force in the proposition explored by both writers (and others) that the pre-contract — whether true of false — was a device for deposing Edward V to pave the way for Richard’s accession. What I do not accept, however, is that he was motivated by personal ambition or that it was pre-planned. That explanation of his behaviour is superficial and smacks of lazy history. It gives too little weight to the wider impact of complex factional divisions in 1483, or the fear of civil war that was undoubtedly on the minds of Richard and the members of parliament. It also pays too little heed to the constitutional view that parliament as the national assembly had unfettered authority to pass legislation affirming the royal title and obviating the need for litigation, which was in any case impracticable.
Consequently, this seems an appropriate subject for me to write about; especially since it is five hundred and thirty-four years ago this month that parliament passed Titulus Regius onto the statute book. It is also an opportunity for me to revisit my previous articles on this subject and to renovate them with new research and fresh thinking. I make no apology for that. However, in view of the complex arguments raised by both sides in this controversy, I think it best to first summarise the relevant facts insofar as we know them.
The summer of discontent
The untimely death of Edward IV in the spring of 1483 exposed the deep division and animosity between the queen’s kindred, the old Yorkist nobility and dissident Lancastrians, which hitherto had been checked by the force of Edward’s personality and his political acumen. The king was barely laid in his coffin before Queen Elizabeth, her sons Thomas Marquis of Dorset and Sir Richard Grey, and her brother Anthony Earl Rivers attempted to seize the reins of power by crowning the boy King Edward V before suitable arrangements could be made for his minority rule. They were particularly keen to marginalise Richard Duke of Gloucester, Edward’s paternal uncle and the senior royal duke, and the man whom the late king had nominated as Lord Protector and Defender of the Realm. Gloucester was on the Scottish border when he heard of his brother’s death. After a respectful but brief period of mourning, he came south to a pre-arranged rendezvous with the king, who was also travelling to his capital accompanied by his maternal uncle Rivers, his half-brother Sir Richard Grey and two thousand Woodville soldiers.
The story of Gloucester’s bloodless coup at Stony Stratford on the 30 April and 1 May 1483 is too well known to need repeating. The upshot was that Rivers and Grey were arrested with their servants, for plotting to kill the dukes of Gloucester and Buckingham (who had rendezvoused with Gloucester at Northampton). The Woodville soldiers were dispersed peacefully and the king continued to London in the company of his uncle Gloucester and his cousin Buckingham. The Queen panicked on hearing of the arrests and fled into the comfortable sanctuary of Westminster Abbey, taking her youngest son and heir presumptive, and her daughters with her. On the 10 May 1483, the King’s Council unanimously appointed Richard duke of Gloucester as Lord Protector and Defender of the Realm pending the king’s coronation, which was fixed for the 22 June.
We do not know much about events during May and early June. The impression we have is that as late as the 5 June 1483 preparations for the coronation were proceeding normally. On that day Gloucester arranged for those who were to be knighted by King Edward, to come to London at least four days before the coronation. On the same say he wrote to the citizens of York apologising for the fact he that was too busy with the coronation preparations to deal with their recent request for financial relief. I mention these matters because of their ordinariness, which is in stark contrast to Gloucester’s second letter to the York citizens five days later. In that letter, he requested troops to help against the queen and her blood adherents who were planning to murder him and Buckingham. The inference that he was suddenly alarmed by a murderous conspiracy is doubtful, as he had known about that risk since Stony Stratford or earlier. If he was responding to that threat, he had left it too late. The troops from York could not reach London much before the end of June. I believe that something else happened between the 5 and 10 June 1483 to alarm Gloucester.
The ‘wicked bishop’
Philippé De Commynes a Flemish knight in the service of Louis XI provides a possible explanation for his change of attitude.
‘The Bishop of Bath and Wells (Robert Stillington) revealed to the duke of Gloucester that King Edward, being enamoured of a certain English lady promised to marry her provided he could sleep with her first and she consented. The bishop said that he had married them and only he and they were present. He was a courtier so did not disclose this fact and helped to keep the lady quiet, and things remained like this for a while. Later King Edward fell in love again and married the daughter of an English knight, Lord Rivers.’ 
If true, it made Edward’s subsequent marriage to Elizabeth Grey bigamous and their offspring illegitimate, and unable to succeed to the throne. I believe it was Stillington’s news that so shocked Gloucester. Sir Clement Markham suggests that Stillington told him and the council about the pre-contract on Sunday the 8 June 1483. All we know about this meeting is what we can glean from a letter written by Simon Stallworth to Sir William Stonor dated the 9 June, in which he writes:
‘…My Lord Protector, my Lord of Buckingham and all other Lords, as well temporal as spiritual [sic] were at Westminster in the council chamber from 10 until 2 but there was none that spoke to the queen. There is great business against the coronation, which shall be this day fortnight as we say…’
The meeting lasted for four hours and was evidently not routine. The fact that nobody spoke to the queen suggests that negotiations with her had broken down and that something significant was afoot. Stallworth’s phrase”…great business against the coronation…” is ambiguous: perhaps deliberately so. Most historians think he meant ‘in preparation for or in anticipation of the coronation’ but such an interpretation is not supported by Stallworth’s use of the phrase ‘great business’, which hardly suggests routine administrative affairs. Moreover, the word ‘against’ has eighteen different meanings in the Oxford English Dictionary, five of which use it in the sense of ‘resistance to or opposition to…’ It is possible that Stallworth is referring obliquely to a discussion about Stillington’s revelation, including the propriety of proceeding with the coronation. This possibility is not entirely speculative, since within a week of the letter the coronation was postponed and soon after it was cancelled.
If we take as a working hypothesis that Gloucester was convinced it was true by the 10 June, it puts a different complexion on his second letter to York. It raises the possibility that far from, responding to a threat to his person, Gloucester was preparing for what may happen once Stillington’s allegation was made public. I doubt not that the fear of civil war weighed heavily on his mind; nor do I doubt that he was also conscious of the personal consequences for him and the opportunities it presented. The letter to York provides a convenient cover story, important enough for them to treat it urgently but that gives nothing new away if it falls into the wrong hands. Things came to a head on the morning of Friday 13 June 1483 at the Tower. There, Gloucester met Lord Hastings, Lord Stanley, the Archbishop of York (Rotherham), the Bishop if Ely (Morton) and others, whom he believed were conspiring against him. By lunchtime on the 13th the whole nature of the protectorship had changed irrevocably. Hastings was summarily executed on a convenient log. The Archbishop of York, the Bishop Ely and sundry others were arrested, and there was panic on the streets of London. Three days later Thomas Bourchier, Archbishop of Canterbury persuaded the Queen to allow the duke of York to leave sanctuary to attend his brother’s coronation. By lunchtime Gloucester had the king and the heir presumptive in his care and control. By teatime, in council, Edward’s coronation was postponed from June to November. Despite the turmoil, which these events inspired, Londoners in general blamed Woodville inspired conspirators for the unrest. It was about this time that Gloucester made the decisive decision to issue warrants for the execution of the king’s uncle Rivers, his brother Sir Richard Grey and others. It is confirmation of Gloucester’s intention to claim the throne; he would not otherwise have ordered the execution of the king’s blood relatives.
Bastard slips shall not take root
Bastard slips shall not take root: that was the uncompromising theme of Dr Ralph Shaa’s sermon on the 22 June 1483 at St Paul’s Cross. Taking his text from the Old Testament, Dr Shaa preached to the dukes’ of Gloucester and Buckingham, and a ‘huge audience of lords spiritual and temporal’ on the illegitimacy of King Edward IV’s children. Exactly what he said, however, is a source of great controversy. The crux of the problem is the paucity of reliable accounts of what was said between 22 and 26 June 1483. The extant chronicles are, to use Paul Kendall’s colourful phrase, a ‘mosaic of conflicting detail’ about Gloucester’s title to the throne. This confusion is in sharp contrast to the certainty of the Parliamentary Roll, which set out the chain of events and royal title with admirable clarity. Nevertheless, many historians are convinced that the allegations against the King’s legitimacy were invented by Gloucester to justify his usurpation. The best way to get to the bottom of that conundrum is to follow the chronologically of events.
Dr Shaa’s sermon was not a spontaneous outpouring of public indignation at the illegitimacy of Edwards’s offspring. It was pre-arranged by Gloucester or by others on his behalf to bring to public notice the illegitimacy of the dead king’s children and to put forward his royal title. Though, he was keen to distance himself from the question of deposition, Gloucester’s presence at the sermon is another indication of his intention to replace his nephew as king. Mancini describes how it was said that ‘the progeny of King Edward should be instantly eradicated, for neither had he been legitimate king, nor could his issue be so. Edward was, they said, conceived in adultery.’ This narrative is the only surviving account of the meeting written during Gloucester’s lifetime.  However, we must treat it with caution since it is hearsay and not eyewitness testimony; it may or may not be correct. It is noteworthy that Mancini does not mention the pre-contract at this point in his narrative, though he does later on. Similarly, the reliability of the vernacular chronicles is questionable given that they were written a decade or more after Gloucester’s death and after King Henry VII’s deliberate attempt to expunge all knowledge and memory of Titulus Regius and the invalidity of Edward IV’s marriage. The Great Chronicle follows Mancini in alleging that Shaa preached the illegitimacy of king Edward; whereas, Fabyan says that Shaa also declared the bastardy of Edward’s children. It is this confusion over what was or was not said by Dr Shaa that lies at the heart of the controversy. The importance of Shaa’s sermon, however, lay in the fact that it set in motion a train of events that were to put Gloucester on the throne with astonishing speed, even by modern standards. Within three days of this sermon, he was offered the crown. The next day he was king of England.
With the exception of Mancini, the sources refer to a meeting that took place on Tuesday the 24 June at the Guildhall, with the Duke of Buckingham in the chair. Present were the Mayor of London, his brethren ‘and a good many’ London citizens. Buckingham is supposed to have spoken wonderfully well for “a good half hour” on behalf of the duke of Gloucester, extorting the audience to admit the Lord Protector as their liege lord. Fabyan writes that Buckingham was so eloquent that he never even stopped to spit. The audience ‘to satisfy his mind more in fear than for love, had cried in small number yea! Yea!’. Mancini records a speech made by Buckingham to the lords on the 24 June. This may be the same meeting referred to above, though this is not absolutely clear. According to Mancini, Buckingham argued at this meeting that ‘it would be unjust to crown this lad, who was illegitimate, because his father King Edward [IV] on marrying Elizabeth, was legally contracted to another wife to whom the [earl] of Warwick had joined him. Indeed on Edward’s authority the [earl] of Warwick had espoused the lady by proxy — as it is called — on the continent.’  This is an undoubted reference to a pre-contract, although Mancini has managed to get the details of Edward’s amour wrong. Our other primary source, the Second Continuation of the Crowland Chronicle, simply records Richard’s title precisely as it is put in Titulus Regius.
The following day, that is the 25 June 1483, the three estates of the realm (the lords spiritual, the lords temporal and the commons of England) met at Westminster. Gloucester’s decision to stop the writs of supersedeas cancelling Edward V’s planned parliament was probably deliberate. He doubtless saw the value of having the members of parliament in London to consider his claim to the throne. Although this was not a properly constituted parliament, pretty much all its members were present. Neither was this a tame Ricardian quorum; the lords spiritual, temporal and the commons who attended were those who would have constituted Edward V’s first parliament. On any view this was a gathering of national authority. Gloucester’s claim was put forward precisely; some parts were good, others not so good. The evil done to the realm by the Woodvilles, the falseness of Edward’s marriage to Elizabeth Grey were put forward and discussed by the three estates. The meeting approved a petition to Gloucester that he should assume the seat royal. On the 26 June 1483 at Baynard’s Castle the petition was presented to the duke who was pleased to accept it. He dated his reign from that day.
‘Doubts, questions and ambiguities’
King Richard III was crowned on the 6 July 1483. If he hoped it would unite the various noble factions behind a Yorkist king his hope was dashed. The power struggle that bought him to the throne was not decided; it had merely changed its nature. What we now call ‘Buckingham’s rebellion’ of October and November 1483 was not a national uprising against King Richard. It was a deliberate and carefully prepared dynastic challenge to his crown by the supporters of Henry Tudor assisted by the Woodvilles and disaffected Yorkists. Although, Richard crushed the rebellion and executed Buckingham, neither its cause nor the rebels were exterminated. Henry Tudor continued to make mischief from the sanctuary of France.
King Richard faced another and more urgent problem: Edward V’s deposition and his accession happened so quickly that many of his subjects were bemused by what had occurred. Quite apart from the effect of a rumour that two princes’ were dead, people had qualms about the status of the June petition and Richard’s election to the crown at a non-parliamentary meeting. The author of Titulus Regius recognised this problem and attempted to deal with it in the preface. He acknowledged that because the three estates were not on the 25 June assembled in proper form of parliament, ‘various doubts, questions and ambiguities are said to have been prompted and engendered in the minds of various people’. The preface continues, ‘…in order the truth may be known and perpetually kept in mind’ it is necessary for the petition to be incorporated in an act of settlement validating Richard’s royal title with the authority of parliament and removing ‘…the occasion for all doubts and uncertainties and all other legal consequences that might thereof ensue.’  This is an important point, to which I shall return.
It is necessary to preface my following analysis with some general observations. First, when considering Titulus Regius from a historical point of view, it must always be borne in mind that it is, a legal document in which the draftsman (almost certainly a canon lawyer: possibly Robert Stillington Bishop of Bath and Wells) has been careful to cover all the key elements of the case. Charles Ross was wrong to dismiss it as ‘pure propaganda’; though, it is by its nature a partisan document intended to assert Richard’s royal title. Moreover, the attack on the validity of Edward IV’s marriage and the legitimacy of his children was a deliberate attempt to re-define a political problem as a legal one and therefore not entirely convincing in establishing its proponents good faith. Although there was neither a law of succession in medieval England nor hardly any strict rules governing the process, it was — with some notable exceptions — customary for the throne to pass from the king to his eldest surviving son. Prince Edward was the dead king’s eldest son and everyone naturally expected him to succeed to the throne; to deprive him of this inheritance on a point of law was incomprehensible to some people and seemed unjustified to others. In particular, parliament’s bastardization of Edward V without recourse to the judgement of a church court has attracted much historical criticism. It is important to understand in that context that Titular Regius is also an important constitutional document in which the author has been equally careful to define parliaments authority to validate King Richard’s title in legislation without recourse to litigation. It is important to distinguish between these legal and constitutional points.
Second, it is essential not to over simplify the circumstances leading to Titulus Regius in 1484. The common tendency to interpret them solely in the context of King Richard’s personal ambition ignores the wider influence and dynamics of factional interests. None of the legal impediments to Edward V’s accession were insuperable. His bastardy could have been ignored. Parliament could, had it so wished, have passed an Act of Succession for Edward V validating his title forever. After all, Edward IV and Elizabeth had lived openly as man and wife for many years and their son Edward Prince of Wales was acknowledged on oath by the entire English nobility as the heir apparent. Parliament could just as easily have revoked Clarence’s attainder to allow his son Edward Earl of Warwick to succeed to the throne ahead of Richard. And yet they did nothing to stop Titulus Regius: why? That is the key question in this debate
Third, too much emphasis is placed on the pre-contract allegation at the expense of considering Titulus Regius as a whole. The marriage of Edward and Elizabeth’s was attacked on four separate grounds, only one of which needed to be proved for the marriage to be invalidated. In this regard, the charge of witchcraft is significant. It was not a supplementary charge, and the assertion that it was notorious posed a serious problem (which I will come to) for those attempting to defend the marriage on legal grounds.
The main body of Titulus Regius is taken verbatim from the petition and is organised in three parts. The first part is an attack on Edward IV’s reign. Much has been made of this but it is a convention common to this type of document. The second part sets out the grounds for the disqualification of Edward’s children’ from the royal succession. The third part is a recapitulation of Richard’s title as the rightful king of England according to God’s law, natural law and the ancient customs of the realm by right of succession and election. It is, essentially, an attack on Edward IV’s marriage to Elizabeth Grey on four grounds.
’The ‘feigned marriage between Edward and Elizabeth Grey was ‘presumptuously made without the knowledge or the assent of the lords of the land.’
And also by sorcery and witchcraft committed by the said Elizabeth and her mother Jaquetta duchess of Bedford as is the common opinion of the people and the public voice and fame throughout the land, and as can be adequately proved hereafter at a convenient time and place if thought necessary.
The said feigned marriage was made privately and secretly without publishing of bands, in a private chamber and a profane place and not openly in the face of the church according to the law of God’s church but contrary to it and the law and custom of the Church of England.
And also how, when he contracted the feigned marriage and previously for a long time after the said King Edward was and stood married and troth plighted to one dame Eleanor Butler, daughter of the earl of Shrewsbury with whom the said King Edward had made a contract of matrimony long before he made the feigned marriage with the said Elizabeth Grey.’
The document concludes that if all this is true ‘as in very truth it is’, then Edward and Elizabeth had lived together in adultery and that their children were bastards ‘unable to inherit and claim anything by inheritance by the law and custom of England.‘ Clarence’s son was also barred from the succession, as his father was a convicted traitor.
It is necessary first to first dispose of a claim that the Titulus Regius did not reflect Gloucester’s royal title put forward in June. Charles Wood raised this issue over half a century ago. His sole point was that the text of the petition as set down in the Parliamentary Roll does not agree with the various chronicle versions of the royal title claimed in June. He overlooks the fact that the chronicles also differ from each other and deduces that the original petition was altered later, possibly more than once. He further deduces that Mancini’s account is the correct one and dismisses the second Continuation of Crowland’s version because it is based on Richard’s Act of Settlement rather than actual events. He therefore argues that it cannot be relied upon as corroboration of the Parliamentary Roll. His conclusion is that Richard was clearly ‘making it up as he went along’ to justify his usurpation, by, for example, introducing Eleanor Butler who was conveniently dead. Others have since followed Wood’s line of argument uncritically.
The answer to this point is straightforward and contained in one of Richard’s signet letters. On the 28 June 1483 (that is two days after his accession), he wrote to the Captain of Calais and the townspeople in response to their concerns about the events in England and their effect on the garrison’s oaths of allegiance to the king etc. In his reply, Richard mentioned his accession and his royal title. After referring to the June petition, the letter goes on ‘…the copie of the whiche bille [petition] the king wille (i.e. desired/instructed/ordered) to be sent unto Calais and there to be redd and understanded togeder with these presentes’ Wood is not alone in construing this to mean that the petition will follow after the letter. He has, however, misread the letter, since it says no such thing. From their ordinary, everyday meaning, Richard’s words indicate that the petition was enclosed with the letter.
David Horspool follows Wood’s line; he alludes to the difficulty of understanding the precise nature of Richard’s claim to the throne, ‘let alone what Richard actually believed’.  His argument on this point is best put in his own words: ‘The argument that the text of the petition was enclosed with the letter to Calais does not seem convincing as the letter clearly states that the petition “will be sent unto Calais and ther (sic) to be redd & understanded, togeder with these presentes’.’ I.e. it is not an enclosure but will come on later…’ Unfortunately, any misunderstanding’ is entirely David Horspool’s and of his own making. It results from a mistake, which were it not so serious might be dismissed as a schoolboy howler. Horspool has misread and misquoted, and thus completely changed the meaning of Richard’s letter by omitting the word ‘to’ after the word ‘wille’ in his extract quoted above. The fact that this misquotation supports his theory about the vagueness of Richard’s royal title may be the coincidental outcome of a careless mistake. It may equally be that his preconceived theory of Richard’s character has ‘insensibly’ led him to twist the facts to fit his theory.
Personally, I cannot think of a sensible reason why King Richard would refer in the letter to a petition setting out his title, which said petition was to be read in conjunction with the letter (‘these presents’), and not send the petition. It defies the facts and common sense. I must also question the rationale of Woods reasoning. The idea that the details of Richard’s royal title were changed after the June meeting is not a valid inference to draw from the differences between the various chronicle versions and the Parliamentary Roll text. There are many other reasons why they may differ, not the least of which is that the chroniclers misunderstood what was said. Neither does it follow logically that because Crowland quotes directly from the act of succession he is not reporting what actually happened. I must now turn to the substantive legal arguments for and against Titular Regius; in doing so, I will use headings adapted from the main body of Titular Regius.
The ‘feigned’ marriage was made without the knowledge or assent of parliament.
Edward’s failure to get parliamentary approval did not invalidate his marriage to Elizabeth Grey; it was, however, a monumental political mistake since it alienated his most powerful subject, Richard Earl of Warwick (the Kingmaker), and his most ambitious subject and heir presumptive, George Duke of Clarence. Royal marriages were matters of national policy, about which the whole realm had an opinion. A good match with foreign princess bought with it the benefits of alliances, power, prestige and (not to be sniffed at) trade. A king might love where he could; but he married for reasons of state. Edward’s clandestine marriage to Elizabeth Grey was by definition outwith the consent of his subjects. It might not be invalid but it was divisive.
The said ‘feigned’ marriage was achieved by sorcery and witchcraft
Everybody knows that the existence of sorcery and witchcraft was taken more seriously in the fifteenth century than it is today: much more seriously in fact. Fifteenth century English society believed implicitly in God and the Devil; in, the goodness of the Holy Spirit and the badness of evil spirits. The ancient arts of magic were widely acknowledged and took many forms. There were some whose activities were innocent, such as those who used herbal lore for healing the sick, or studied astronomy or astrology; however, there were others who practiced black magic. Significantly, cases of Devil worship, while common on the continent, are unusual in accounts of English witchcraft. On the continent, sorcery and witchcraft were held to be heresy, punishable by the most excruciatingly painful death; whereas in England, it was considered to be a felony and therefore not automatically a capital offence.
If you were high born, however, an allegation of sorcery and witchcraft could have devastating consequences. For example, in 1419, Henry V’s stepmother the Queen Dowager Joan of Navarre was convicted of witchcraft and imprisoned. In 1441, Eleanor Cobham Duchess of Gloucester was convicted of witchcraft and treason; she was imprisoned for life and forcibly divorced from Duke Humphrey. The draftsman of Titulus Regius knew this when he accused Elizabeth Grey and her mother Jaquetta of bewitching Edward IV into a clandestine marriage. It is not, as some historians seem to think, merely an add-on in the case against Edward’s marriage. The use of witchcraft could invalidate a marriage on its own, either because it caused impotence or the bewitched person could not give an informed consent to the marriage. I doubt that impotence was a problem for Edward IV, so this issue turns on consent, which in the canons falls under the heading of ‘force and fear’. ‘The decretal Cum locum begins “since consent does not take place where there is fear or coercion, it is necessary for all coercion to be eliminated when someone’s assent is required. Now marriage is contracted by consent alone, and, when it is sought the person whose intentions are in question should enjoy full security, lest he say out of fear that he is pleased with something he hates, with the result that usually follows from unwilling nuptials.” ‘ 
The trial in 1441 of Eleanor Cobham Duchess of Gloucester on charges of sorcery, witchcraft and treason was a precedent and a model for the accusation against Elizabeth and her mother. It is possible that some of the charges against Eleanor Cobham were fabricated in order to discredit her husband Humphrey Duke of Gloucester; but they were not entirely fanciful, since she had in her service priests of doubtful repute and she was politically ambitious. It was ambition that bought her down and destroyed her husband’s influence at court. In 1440, Humphrey was heir presumptive; if the king should die childless before him, Humphrey would succeed the throne. He was, in the general opinion, a man of power at court and influence over the king, much to the chagrin of his political opponents. Unfortunately, rather than wait for nature to take its course Duchess Eleanor tried to peer into the future to see when Henry would die ‘so that she would be queen.’ It was a foolish mistake since it played into the hands of her husband’s enemies, who were bent on destroying him. Eleanor Cobham was, herself, hated and mistrusted for her vaulting ambition, her self-importance and her voracity. In June 1441, her associates Roger Bolingbroke, Thomas Southwell, John Home and Marjery Jurdane (or Jourdemain, also known as the witch of Eye [-in-Westminster]) were arrested and charged with conspiring to bring about the king’s death: Bolingbroke through necromancy, Southwell by celebrating Mass unlawfully with strange heretical accoutrements and Home for taking part with both. Jurdane confessed that she had been long employed by the duchess as a sorceress to concoct potions and medicines to ‘make Duke Humphrey love and marry her.’ Thus incriminated, Eleanor was questioned by an ecclesiastical court on the accusations of sorcery and witchcraft, and by the King’s Council in connection with an alleged conspiracy to murder the king. At first, she strenuously denied all the allegations, but following the admissions by Bolingbroke and Jurdane, she confessed to five of the twenty-eight charges on the indictment, including the fact that she used witchcraft to make duke Humphrey marry her. After further enquiries, Bolingbroke, Southwell, Home and Jurdane were indicted on counts of treason, felony and sorcery in that ‘on various occasions after April 1440…they had used magic figures, vestments and instruments, and invoked evil spirits to anticipate when the [king] would die.’ It was also alleged that Eleanor Cobham as wife to the heir presumptive wanted to be queen and wanted to know when it would happen. The outcome was, of course, inevitable. Bolingbroke suffered the full horror of a traitor’s death; Jurdane, of a witch’s death. Southwell died in custody before he could be brought to the scaffold (suicide?). Home was pardoned.
For her spiritual offences, Eleanor Cobham was condemned by an ecclesiastical court of bishops to do public penance and divorced from her husband. She was never tried on the charge of treason. Instead, the King’s Council made administrative arrangements for her to be imprisoned for the remainder of her life. Duke Humphrey was by this time powerless to protect her. Nonetheless, her imprisonment without trial raised certain ‘doubts and ambiguities’ in the minds of some, about whether her case had been resolved by due process of law. It was clear that English peers were entitled to be tried by the judges and peers of the realm; however, there was no provision for the trial of a peeress. Consequently, in 1442 a petition was presented in parliament ‘that all doubt and ambiguity about the trial and judgement of (Eleanor Cobham’s) conviction for treason and felony be removed’. The trial for peeresses was put on the statutory basis that the ‘judges and peers of the realm’ must try them. Eleanor Cobham died still a prisoner in 1457.
The allegation that Elizabeth and her mother had bewitched Edward into marriage is not the only allegation of witchcraft made against members of the Yorkist royal family: nor is it even the first. During Warwick’s rebellion of 1469/70, while the king was a prisoner in Warwick castle, Thomas Wake, one of Warwick’s men, accused Jaquetta of witchcraft. The details of her offence are obscure but it seems that Wake brought to the castle a small lead figure fashioned like a man. The figure was broken in the middle but had been repaired with wire. Wake said that Jaquetta made the figure for use in witchcraft. He also produced John Daunger a witness who said that Jaquetta had two more figures: one for the king, the other for the queen. As there is no accusation that she actually used the figure for supernatural purposes and unless it was held that the mere possession of a lead figures amounted to witchcraft, it is difficult to see on these facts what evidence there was to justify a prosecution. But that is hardly the point, since this accusation was, in all probability, an early attempt to impugn the validity of Edward’s marriage to Elizabeth; and it had Warwick’s bungling footprints all over it. Fortunately, for Jaquetta, the outcome was as predictable as the allegation. Edward recovered control of the kingdom and, unsurprisingly, the case against Jaquetta collapsed. Wake, who had a personal grudge against Jaquetta’s husband, Lord Rivers, was accused of being malicious and Daunger retracted his evidence. In February 1470 the King’s Council (Warwick being present) formally exonerated Edward’s mother-in-law.
Accusations of witchcraft continued to hound the royal family. The duke of Clarence’s conviction and execution for treason has its genesis in the earlier trial and convictions of Thomas Burdet, John Stacy and Thomas Blake for imagining the king and his heir’s deaths by necromancy. Burdet was a servant and close personal friend of Clarence. His involvement in a treasonous plot that could only benefit Clarence, threw suspicion on the duke who made things worse by challenging, what seems to have been, a just conviction and by accusing the king of practicing necromancy. In 1483, Gloucester accused Elizabeth Woodville and her supporters of forecasting his death. I think we can disregard the assertion of the later Tudor historians that he also accused Elizabeth of bewitching his body. King Richard has, himself, disproved that possibility from the grave. I do not offer these examples as proof of the allegation in Titulus Regius but as an indication of the notoriety and significance of witchcraft/sorcery within Yorkist royal circles. The draftsman of Titulus Regius obviously appreciated this point since he inserted a clause at this point stating that the invalidity of Edward IV’s marriage to Elizabeth Grey was a matter of public notoriety; thus reversing the burden of proof. In law, if something was so well known as to be notorious ‘neither witness nor accuser is necessary’. Henry Kelly’s assertion that notoriety only applied to the witchcraft charge and not to the pre contract is irrelevant, since Titulus Regius raised a presumption that the marriage was invalid and everybody knew it was; therefore the burden of proving it was valid fell on Edward and Elizabeth’s children or Elizabeth. Furthermore, Edward’s marriage to Eleanor Butler was secret; it could not by definition be notorious.
That is an important point since the circumstances of the wedding are inconclusive. The best account comes from the pen of Robert Fabyan and was written thirty years or more after the event he describes.
‘In most secret manner, upon the first day of May, King Edward spoused Elizabeth, which spousals were solemnised early in the morning at a town called Grafton, near Stony Stratford; at which marriage were no persons present but the spouse, the spousess, the Duchess of Bedford her mother, the priest, two gentlewomen and a young man to help the priest sing. After which spousals ended, he went to bed, and so tarried there three or fours hours, and after departed and rode again to Stony Stratford, and came as though he had been hunting, and there went to bed again’
It is a plausible story of a secret marriage; the date and the location of the king are corroborated from contemporary records of his known movements. There is nothing substantive in this narrative to support the proposition that Edward was bewitched into a marriage he did not want other than Fabyan’s insinuation about ‘What obloquy ran after this marriage, how the king was enchanted by the Duchess of Bedford and how after he would have refused her‘, which, infuriatingly, he passed over, along with ‘many other things concerning this matter’. This and perhaps the fact that the 30 April was St Walpurgisnacht (otherwise known as the ‘night of the witches’), has encouraged speculation that Edward might have attended a Black Mass at Grafton at which potions, and aphrodisiacs were used to enhance sexual pleasure and to deprive Edward of his senses, so that he could not say no to the marriage. It is not impossible that that is indeed what happened but this material does not prove it. The contrary argument is that Fabyan got the date wrong; the wedding actually took place much later, possibly in August. This argument is based on the premise that Edward is unlikely to have been able to keep his marriage a secret for five months, and that some grants made by the king would seem to be unnecessary if he had just married Elizabeth ‘who could be expected to give him an heir of his own body.‘ It is an explanation for Edward’s delay in revealing the marriage but not necessarily the explanation. The problem with this speculation is, however, that it flies in the face of the facts. Edward plainly did escape his attendants to marry Elizabeth in secret. It’s hard to believe that a man of his resourcefulness and sexual appetites could not successfully repeat the exercise. On the second point, there was no guarantee that the queen would or could bear him a son; indeed, she did not actually do so for six years. Besides, there are many other reasons why Edward might have made the grants. It might, for example, have been patronage expected of him by people who knew nothing of his marriage to Elizabeth and he did not wish to encourage their speculation by not making these grants, which on the face of it were reasonable.
Ultimately, I believe that the actual circumstances of the wedding are beside the point. The invalidation of Edward’s marriage on the ground that he was bewitched did not (in 1483) turn on proof that he was actually bewitched. Titulus Regius was expertly worded so that it was sufficient for the accusation of witchcraft to be plausible not only because of the notoriety surrounding previous allegations of witchcraft within the royal family but also because for many of the King’s subjects it was the only possible explanation for his otherwise inexplicable marriage to a commoner with no dowry or assets, and a large and voracious family to support.
The said feigned marriage was made privately and secretly
The historian Mortimer Levine dismisses the clandestinity of this marriage as a matter of no consequence. He argues that clandestine marriages are valid, binding on the parties and enforceable in law. He is right in principle, but he has over simplified the law in 1483 and jumped to the wrong conclusion. In the fifteenth century, questions of legitimacy were not determined solely on the basis of whether the parents were validly married. There were many subsidiary principles used to determine legitimacy, the most famous being ‘legitimisation by subsequent marriage’. This principle also relied on the parents’ good faith. The reasoning was that parents and children should not be penalised for their ignorance of an impediment. If one of the parents was unaware of the impediment, the children of that union were presumed to be legitimate in law. However, it is unnecessary to consider this issue as the clandestinity of Edward and Elizabeth’s marriage raises the presumption of bad faith, which puts them outside this rule. If their marriage had been open, with banns declared, people would have had an opportunity to object and Edward’s previous marriage to Lady Eleanor Butler might have come to light. Contrary to what Levine says, the secrecy of their wedding is far from irrelevant; it goes to the heart of the problem of their children’s illegitimacy.
Edward had made a contract of matrimony long before he made the feigned marriage
The pre-contract raises two objections; first, that the pre-contract is an invention and second that in any case it would not, on these facts, bastardise Edward’s children. The first objection is a question of fact and turns on the supposed absence of written proof of Stillington’s allegation. It this perceived gap in the paper trail, which sceptics use to challenge the existence of the pre-contract. However, to suggest that there is no written evidence of Edward’s prior marriage is plainly nonsense in the face of the documents we do have: the Parliamentary Roll’s, which confirms the prior marriage, Commynes’ memoirs naming Stillington as the ‘whistle blower’, officiate and only witness apart from the bride and groom, and the Crowland Chronicle. What we do lack, however, is Stillington’s written testimony; we also lack the type of circumstantial detail that adds colour to the bishop’s revelation: the who, what, when, where, how and why questions. Common sense suggests that the mere fact that it was a secret ceremony precludes the possibility of any written contract or promise and it is difficult to know what else would satisfy the sceptics if they doubt even parliament’s integrity in accepting the petition verbatim. Anyhow, it does not necessarily follow from the absence of written proof that Stillington was lying, or that he and Gloucester conspired to tell lies. Moreover, the absence of such written testimony or other proofs is hardly surprising due to the fact that in 1485, King Henry VII was intent in suppressing all knowledge of King Richard’s royal title.
He ordered Titulus Regius, to be repealed without being read (itself unusual in the annals of parliament). The repeal of Titulus Regius was necessary to bolster King Henry’s own weak title, which depended on the legitimacy of his wife Elizabeth of York, daughter of Edward IV. However, his order that all copies should be ‘annulled and utterly destroyed’ on pain of punishment suggests there was more to it than that. Titulus Regius was, he said, ‘to be cancelled, burned and put into oblivion’. Henry’s intention was by his own admission to ensure ‘…that all things said and remembered in the said bill may be forever put out of remembrance and forgot.’ His explanation that he could not bear to have this infamy of his wife and her family remembered is doubtless true but it is not the whole truth. It was a blatant attempt to rewrite the history of King Richard’s royal title. I take Horspool’s point that it doesn’t necessarily follow that Henry thought the pre-contract story was true. However, when coupled with the arrest and subsequent pardoning of Stillington and Henry’s refusal to allow the bishop to be examined by his judges on the facts of the pre-contract, then the inference that he may have had something to hide is almost irresistible. At a time when King Henry would have welcomed proof positive that the pre-contract was a slanderous lie, he chose to suppress it rather than disprove it.
Neither are there any grounds for doubting Stillington’s credibility as a truthful witness to the marriage. Nobody has produced evidence that he invented the pre-contract story either on his own or as part of a conspiracy with Gloucester (as he then was), or that he allowed Gloucester to put him up to it. He did not receive any discernable reward for his revelation there is little force in the assertion that the pre-contract story was known to be false at the time. The only doubts that were expressed came from sources in southern England after his death, at a time when Henry VII was actively suppressing the true history of Titulus Regius.
The pre-contract story was also credible to King Edward IV’s subjects. His promiscuity was notorious. Crowland describes him in general terms as ‘a gross man so addicted to conviviality, vanity, drunkenness, extravagance and passion.’ Mancini is more descriptive:
‘He was licentious in the extreme: moreover it was said that had been most insolent to numerous women after he had seduced them, for, as soon as he grew weary of the dalliance, he gave up the ladies much against their will to the other courtiers [Hastings, Rivers and Dorset?]. He pursued with no discrimination the married and unmarried the noble and the lowly: however he took none by force. He overcame all by money and promises, and having conquered them, he dismissed them.’
Finally, it is important to bear in mind that the draftsman of Titulus Regius had no need to allege bigamy. As I have already argued, the charge of witchcraft and the claim on notoriety were sufficient to invalidate Edward’s marriage to Elizabeth without the need of a court judgement. If the pre-contract story was not true it’s inclusion in Titulus Regius was a dangerous embellishment, a mistake of the first magnitude, which I do not see such a careful draftsman making.
The second objection raises two questions of law, which I shall deal with individually.
The Constitutional question
The constitutional question is simply whether Parliament had authority to determine the validity of Edward IV’s marriage to Elizabeth and the legitimacy of their children. The gist of the argument against parliament is that as a ‘secular court’ it had no such authority, which lay exclusively with the church courts. It is a superficially strong objection against Titulus Regius and no less so for being the first, and the only remotely contemporary one. The Second Continuation of the Crowland Chronicle contains this passage.
‘At this sitting  parliament confirmed the title by which the king in the previous summer ascended the throne and although that lay court found itself (at first) unable to give a definition of his rights, when the question of the marriage was discussed, still, in consequence of the fears entertained of the most persevering (of his adversaries), it presumed to do so, and did so.”
I have used Henry Riley’s nineteenth century translation because in my personal opinion, modern translations that simplify the text in the interests of clarity or ‘good English’ lose too much detail in the process. They are also symptomatic of a general dumbing down of discussion about Titulus Regius by historians. I believe Riley’s text is more accurate and better captures the events and the atmosphere in parliament: the difficulty in defining the king’s rights, the fact that it was only enacted after a debate and the great fear that afflicted even the most resolute. I feel sure that these emotions were present and expressed. We get an idea of the issues that troubled parliamentarians from John Russell’s draft sermon, which he prepared for the opening of parliament. Russell clearly opposed the enactment of Titulus Regius in the form of the petition. He went so far as to describe it as ‘a document conceived in malice and ending in corruption’. It is impossible to believe that after hearing the Lord Chancellor’s explosive sermon criticising the petition and the petitioners, the matter was not debated with keen interest on all sides. It is true that the debate is not recorded in the Parliamentary Roll but we know from an MP’s extant diary of the 1485 parliament that such debates took place, especially on important issues such as the royal title.
Russell was not of course advocating that parliament should refuse to validate Richard’s succession: far from it. His objection was to process and not outcome. He argued that to ratify Richard’s title by inheritance was fraudulent because it was based on ‘false’ information and because it involved a determination on the validity of Edward’s marriage, which he believed parliament should not do. Russell feared above all things division and sedition. He had in mind the October rebellion, which was indicative of the continuing divisions in the English polity. He believed that Titulus Regius in this form was more likely to result in a disputed succession and civil war. He saw the need for an exclusively political solution, which he believed would avoid stepping on the Church’s toes and being more honest and open was something the realm could come to accept. Although he doesn’t say exactly what he had in mind it was probably a simple declaration by parliament that the crown was vested in King Richard and his heirs forever. Russell’s sermon also contained the following statement on the nature and authority of parliament
‘In this great body of England we have many diverse members under one head. How be it they may all be reduced to (iij) chief and principal, which make this high and great court at this time, that is to say the lords spiritual, the lords temporal and the commons.’ 
That is a reference to parliaments political role; significantly, Russell does not imply that parliament is in this instance acting in its judicial capacity. Even so, there was a problem with the notion that parliament could simply declare Richard as king; it, would have been unacceptable to Richard. He was weaned on the Yorkist doctrine of ‘strict legitimacy’ (succession by inheritance). No medieval English king could willingly accept a ‘constitutional’ title granted by parliament since a) it undermined the divinity of kingship and b) what parliament gave it could take back.
Richard harshest biographers suggest that it was fear of his reprisal that encouraged parliament to pass the Act of Settlement; but I disagree for three reasons. First, the sources for these statements are questionable since they are based on hearsay and they only emanate from Richard’s political opponents. Second, no reprisals were taken against Russell despite his public opposition to the petition, he was not discriminated against or ‘punished’ in any way and continued to serve King Richard throughout his reign. The whole theme of Russell’s sermon was unity, which brings peace and stability. I do not think it was the fear of Richard or his henchmen that afflicted the MPs, but fear that a disputed succession would result in a resumption of the Wars of the Roses. Third, the Parliamentary Roll for the 1484 sets out Titulus Regius in full, adding simply that the bill was read, heard and fully understood by everybody present, and that the lords and commons agreed to it. As Rosemary Horrox points out “The enrolled text becomes a statement of the king’s right (and a very detailed one), but there is no suggestion that it was the king’s statement of that right. As presented here (in the Parliamentary Roll), Richard is entirely passive: his only input to receive the bill and send it to the commons for approval. The lords then gave their assent, and the king, with that assent declared the contents of the bill (and therefore the Roll) to be true.” It would seem that king Richard was deliberately distancing himself from the bill. This may have been in part due to his realisation that the decision the decision to challenge the validity of Edward IV’s marriage was contentious. It is also worth noting Horrox’s later opinion that although parliament seems to be acquiescent “… the impression from the Roll is that this was something to be earned. There is no suggestion, as the hostile Crowland Chronicler insisted, Richard was browbeating parliament from a position of strength.”
The depositions of Edward II and Richard II are testament to the need for parliamentary assent to the dethroning of a crowned and anointed monarch. The Duke of York’s disputed claim to the throne in 1460 is further evidence that a disputed royal succession was a matter of state, which could only be resolved by the king and parliament. The precedents therefore support the necessity for parliamentary assent to a royal succession where the title is controversial. Naturally, those involved in the fourteenth century depositions had to conform to the legal niceties; nevertheless, the decision in each case was political as was the outcome. The situation in 1483 was completely different; it was, to use legal jargon, sui generis (unique). Both Edward II and Richard II were demonstrably unfit to rule. Whereas, Edward V was a minor; he had not been crowned and was too young to be guilty of misrule. The attack on the validity of his parent’s marriage was therefore a device to give sufficient cause for Edward’s deposition and the barring of his siblings from the line of succession. The overriding raison d’état was the fear that Edward V’s minority would result in Woodville hegemony and a resumption of civil war. On that basis alone, the proposition that only the church courts had jurisdiction, is a doubtful one. To explain that argument I must delve briefly into the evolution of parliament into the king’s court of justice and a national assembly made up of the ‘three estates of the realm’.
In the beginning, the feudal parliament was the king’s court; it was the highest court he had. From the thirteenth century, it began to develop a dual role as a court of law and a political body involved in affairs of state. It became not just the king’s highest court but also his most solemn council. By the fifteenth century, the concept of parliament as a nationally representative body was prominent. Henry V famously told the Pope that he couldn’t change English law without the assent of Parliament. In 1420, the Treaty of Troyes had to be ratified by the English Parliament. By 1467 the Lord Chancellor, Robert Stillington was able to declare that justice depended on the ‘three estates’ of the realm that sat in parliament. It is in that context that Dr AR Myers considers that Parliament’s declaration of Richard III’s legitimacy and Edward V’s bastardy, and their recognition of Richard’s hereditary right, ‘justly grounded on the laws of God, nature and the realm’, was the most important step in the evolution of parliament at that time. ‘This is’, he writes, ‘a specially striking example of the way that the older notion of parliament had had grafted onto it the idea of a national assembly acting on behalf of the three estates, combining with the king to provide an authority of parliament, which would otherwise have been lacking.’  The importance of this declaration cannot be overestimated since it sets out clearly parliament’s own definition of its authority and why it acted as it did on the question of the royal title. After acknowledging that the people at large may not have understood the royal title expressed in the petition, the declaration continues.
‘And moreover, the court of parliament is of such authority, and experience teaches that the people of this land are of such nature and disposition that the manifestation and declaration of any truth or right made by the three estates of this realm assembled in parliament, and by authority of the same, before all other things commands the most faith and certainty, and in quieting men’s minds, removes the occasion of all doubt and seditious language. Therefore at the request and by the assent of the three estates of the realm, that is to say the lords spiritual and temporal and the commons of this land assembled in this present parliament by authority of the same, be it pronounced, decreed and announced that our said sovereign lord the king was and is the true and undoubted king of this realm of England … by right of consanguinity and inheritance, as well as by lawful election, consecration and coronation.’
So there we have it: parliament did not regard itself as a judicial body giving judgement in a court case. Indeed, it could not do so in the name of the three estates since the commons lacked judicial authority. Only the lords in parliament had the power to try court cases bought before them. The bill was passed as an Act of Settlement to which the king and the three estates assented.
It is right to say, as Chrimes does, that whatever the prevailing relationship was between state and church, ‘ecclesiastical courts were neither expected nor required to enforce statutes in cases within their jurisdiction’. Furthermore, fifteenth century civil judges were usually careful not to encroach on the English Church’s rights or authority where spiritual matters were concerned. Even so, the exclusivity of canon law in the ecclesiastical courts did not stop Parliament from passing statutes prescribing their jurisdiction and, on occasion, supplanting canon law. Legislation was also enacted to prevent canon law overriding substantive ecclesiastical law; even matters that fell well within the Church’s purview did not escape statutory definition. For example, issues related to temporalities, sanctuary, benefit of clergy, legitimacy by subsequent marriage and heresy were not left entirely to Church judgement. This was especially so, on cases (like this) that touched the boundary between church and state. By the last quarter of the fifteenth century statute law had surpassed common law and some canon law in importance. The view that parliamentary statutes bound judges was prevalent even then.
Even if we accept for the purposes of argument that a church court ought first to have determined the question of legitimacy, it was simply impracticable. First there is the problem of the ‘law’s delay. Following the sovereign’s death, time is of the essence. His successor has to assume the reins of government speedily to ensure the continuous peace, prosperity and defence of the realm. Litigation in those circumstances would have been unduly time-consuming. And it would also have raised the possibility of an appeal to the Pope, which were to happen would have had political repercussions rendering any legal judgement nugatory. It is unlikely that the English Parliament would accept the notion that a foreign power could determine the next king of England in a courtroom. Third, there is the factional dimension; a purely legal judgement was unlikely to resolve the factional dispute underlying this whole episode, or reduce the risk of civil war. The royal succession could not be decided by a lawyer or a foreigner or in any way that ignored the realpolitik in which the whole question of Edward V’s legitimacy arose. A legal solution was impossible to achieve in 1483.
The claim of Edward of Warwick
Finally, I must address the claim that even if Edward IV’s children were illegitimate, Edward of Warwick was the rightful heir to the throne ahead of Gloucester. Mortimer Levine challenges the view that Edward of Warwick was barred from succeeding because his father was an attainted traitor. There are two limbs to Levine’s argument. First that Clarence’s Act of Attainder only specifically barred Edward of Warwick from inheriting his father’s ducal title and second, the common-law principle against attainted people from inheriting, does not apply to the royal succession. By way of example, he cites Henry VI and Edward IV, both of whom succeeded to the throne after being attainted. Levine regards Clarence’s attainder as unimportant and an excuse to bar Warwick from the crown, and a legal pretext for Gloucester’s usurpation. He may be right about Warwick’s exclusion being a pretext but he has, nonetheless, underestimated the importance of the attainder and the difficulties posed for young Warwick. Professor Lander has described the attainders passed on the Yorkists in 1459, which gives us a feel for the nature of attainment “ They were to suffer the most solemn penalty known to the common law. Treason was the most heinous of all offences. Its penalties ruined the traitor’s descendants as well as the traitor himself. The offender was held worthy of death inflicted with extremities of bodily pain…his children, their blood corrupted, could succeed to neither the paternal nor the maternal inheritance. The traitor died in the flesh, his children before the law.” The children of an attainted traitor lost all their civil rights. They had no status. Some even questioned their right to live after attainder. It’s true, that that Henry VI and Edward IV succeeded to the throne after they were attainted, but they both had powerful armies at their back to enforce their right. In 1483, nobody was interested in supporting the child of traitor, who was incapable of ruling England anyway. It is quite possible that if a strong faction of nobles had supported him, his attainder might have been reversed. However, that never happened.
There is something Dickensianly repellent about a ‘wicked uncle’ who, to benefit himself, deprives his nephews and nieces of their just inheritance through legal trickery and sharp practice; that is the opinion of King Richard III that persists. The reason for this, is found in the historical treatment of the king beginning in the sixteenth century and continuing to the twenty-first century. The early histories were influenced by the Tudor narrative, which described King Richard as irredeemably wicked. Later historians have, with a few exceptions, followed suite. The historiography is marked by a tendency to simplify the issues to overcome gaps in the evidence and to judge King Richard through the prism of modern attitudes and culture. Nowhere is this more apparent than the historical treatment of Titular Regius. It is natural that some people will think there is something unjust and dishonest about depriving children of their rights without them being heard. We don’t need the Tudor histories to realise that King Richard’s contemporaries had doubts and uncertainties about the manner by which he came to the throne, or that his title was ambiguous to some; we know that this was so from contemporary documents. Moreover, we also know that those doubts uncertainties and ambiguities were expressed at the time and they were resolved by the national Parliament. The problem. I have tried to highlight in this article is that the intellectual debate about the events of 1483 has become personalized and is prejudiced. Insufficient attention is paid to the realpolitik of the time. The underlying fear was of a resumption of the Wars of the Roses and was the driving force behind Edward V’s deposition. There was no appetite for a boy-king in such highly charged circumstances, especially one controlled by the Woodvilles
Although I have little doubt that Parliament was empowered to enact Richard’s Act of Settlement, I sympathize with Chancellor Russell’s view that to enact the petition verbatim was not the best way to resolve the doubts, uncertainties and ambiguities of doubters. it was possibly even disingenuous, in that it used the law to mask a crude political act. Having said that, I cannot escape the fact that the bill seemed to have been passed through the three estates without a mention of dissent in the Parliamentary Roll. I believe that those who argue that this was through fear of Richard and his henchmen do parliamentarians a disservice by suggesting they were so craven. Ultimately, the importance of Parliament as the national law–making institution under the King’s estate transcended the canon and the common law in resolving state issues of this weight and importance
I have written elsewhere of my belief that Richard III was an exceptionally brave man in the fullest sense: on the battlefield and in the council chamber. I also believe he liked to do the right thing. Evidence of these qualities and his potential for good are seen in the significant judicial reforms he made in what was his only parliament. However, I believe he relied overmuch on his courage to overcome all obstacles: consequently, he did not always do the right thing for himself. The thorny question of his royal title is arguably one of those issues wherein he might have done better to temper his strong sense of right and wrong with a more realistic stance. A simple parliamentary declaration that he was king would not have softened the blow for Edward IV’s children or have met the Yorkist ideal and it was not in his nature be less than the man he was; nevertheless, it may have had a better chance of acceptance, thus enabling him to consolidate his reign.
 A Conan-Doyle – The Adventures of Sherlock Holmes (Penguin 1981) p.1
. Horace Walpole -The Historic Doubts and Refutation of the Traditional Account of Richard III’s life and reign (1768) published in Paul Murray Kendall (editor) – Richard III: the Great Debate (Folio Society 1965)
. Charles Ross – Richard III (Yale 1999) at p.64. This is still considered to be the standard biography of Richard III
. Ross at p. LXVI
. John Gillingham (editor) – Richard111: a medieval kingship (Collins & Brown 1993) passim
 David Horspool – Richard III: a ruler and his reputation (Bloomsbury 2017); Chris Skidmore – Richard III: brother, protector, king (Weidenfield & Nicolson 2017)
 . Phillipé De Commynes – Memoirs: the reign of Louis XI 1461-1483 (Penguin 1972) pp.353-354.
. Sir James Gairdner – History of the Life and Reign of Richard III (Longman Green 1878) pp.113-115.
 Sir Clement Markham –Richard III: his life and character (Alex Struick 2013 paperback edition) at p.101.
 Alison Hanham – The Cely Letters (EETS Oxford 1975) pp. 159-160. Stallworth’s correspondence is helpfully reproduced in full in Peter A Hancock- Richard III and the murder in the Tower – (The History Press 2011) Appendix 1, pp.158-59
 Hanham (Cely Letters) pp.184-85; see also Michael Hicks – Richard III (Tempus 2000 edition) p.45, for a different translation of this letter.
 The Book of Wisdom, Chapter 4, Verse 3 ‘Bastard slips shall not take deep root, nor take firm hold.’ Scholars generally agree that the book of Wisdom deprecates any compromise with false idolatry. Richard’s strong sense of right and wrong was probably in tune with such views.
 AH Thomas et al [eds] – The Great Chronicle of London (London 1938) pp.231-233
 Paul Murray Kendall – Richard the Third (Geo Allen & Unwin, 1955) p.477, note 21
 AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III (Oxford, 1969) at p. 95
 The Great Chronicle; ibid
 Mancini p. 97
 SB Chrimes – English Constitutional Ideas in the Fifteenth Century (Cambridge 1936) pp.123-125
 Chris Givern-Wilson [Ed] – The Parliamentary Rolls of Medieval England 1275-1504 (Boydell 2005), Vol XV. Rosemary Horrox [Ed] – Richard III 1484 p.14 [PROME]
 PROME pp.14-18
 Charles T Wood – The deposition of Edward V (Traditio Vol.30, 1935) p.236
 Anne Sutton-Richard III’s ‘Tytylle & Right’; a new discovery (Ricardian, Vol IV, No 57, June 1977) pp. 2-8, together with subsequent correspondence with Charles T Wood in J Petre (ed)-Richard III: crown and people (Richard III Society 1985) pp.51-56.
 David Horspool-Richard III: a ruler and his reputation (Bloomsbury 2017 edition) pp.164-165 and 290, note
 I am summarising three articles about this matter. Mary O’Regan – The Pre-Contract and its Effect on the Succession in 1483 (Ricardian) Vol IV, No 54 (Sept 1976) pp. 2-7; this is reproduced in Richard III: crown and people pp. 51-56; also, Anne Sutton (Tytylle & Right) ibid; also R H Helmholz – The Sons of Edward IV, a Canonical Assessment of the Claim they were Illegitimate, published in PW Hammond (ed) – Richard III: loyalty, lordship and law (Richard III and Yorkist Historical Trust 1986) pp. 91-103.
 HA Kelly – The Case Against Edward IV’s Marriage and Offspring: secrecy, witchcraft: secrecy: pre-contract (Ricardian Vol. XI No.142 September 1999) pp. 329-330.
 Ralph Griffiths – The Trial of Eleanor Cobham: an episode in the fall of Duke Humphrey of Gloucester (Bulletin of John Ryland’s Diary 1969) 51(2) pp. 381-399
 Griffiths ibid
 Griffiths ibid
 Michael Hicks – False, Fleeting, Perju’d Clarence (Alan Sutton 1980) chapter IV passim; see also, John Ashdown-Hill – The Third Plantagenet: George Duke of Clarence (History Press 2014) chapters 11 and 12 passim. Both these biographies deal with the issues of the Burdet trial comprehensively and each contains a nuanced interpretation of events. David MacGibbon’s claim that Clarence accused Elizabeth of witchcraft did not form part of the accusation against him at his trial (See David MacGibbon – Elizabeth Woodville (Amberley 2013) pp.104 and 216, notes 18 and 21.
 PROME ibid
 PROME ibid; see also Helmholz p.98
 Annette Carson – Richard III: the maligned king (History Press 2014) pp. 138-140 citing WE Hampton- Witchcraft and the Sons of York (Ricardian March 1980)
 David Baldwin -Elizabeth Woodville (History Press 2010) pp.10-11, pp150-154 passim; Susan Higginbottom – The Woodvilles (History Press 2015) pp.31-32
 Mortimer Levine – Tudor Dynastic Problems 1460-1571 (George Allen and Unwin 1973), esp pp.28-31; Professor Levine is a historian and not, in the legal sense, an expert witness on 15th century canon law.
 See John Ashdown-Hill – The Secret Queen: Eleanor Talbot (History Press 2016) pp.120-139 for an intriguing discussion of the circumstances of Edward’s alleged marriage to Eleanor: how they met, became lovers and were secretly married. See also Peter A Hancock – Richard III and the murder in the Tower – (History Press 2011) pp.33-43 for an alternative theory. Like all conjecture these theories are based on inferences drawn from circumstantial evidence. Though both theories are credible, differences in detail suggests that at least one of them is wrong.
. Nicholas Pronay and John Cox (editors) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.153.
. Mancini p.67
 Levine ibid
 Helmholz ibid
 Henry Riley (Trans) – Ingulph’s Chronicle of the Abbey of Croyland with continuations by Peter Blois and anonymous authors (London 1854); see also Pronay and Cox, pp.169-170, which is an honest attempt to provide scholars with a serviceable edition of the second continuation. However, the authors’ simplification and modernization of complex Medieval Latin has changed the sense significantly, as can be seen by the following extract, which is provided for comparison. “…I come to the parliament which began about the 22 January (1484). In that assembly indeed the title by which the king, in the previous summer, had ascended to the height of the crown was corroborated even though that lay court was not empowered to determine on it since there was a dispute concerning the validity of a marriage, nevertheless, it presumed to do so and did so on account of the great fear affecting the most steadfast.” It is also worth considering Alison Hanham’s pithy translation, which is due, in part to her desire to translate Medieval Latin into ‘good English’. ‘Over and beyond confirmation of the title by which the king had ascended to the dignity of the crown the previous summer, that lay court took it upon itself to give a ruling on the validity of a marriage. It could not do so, but it did because of the great fear that afflicted the most staunch.’ (Alison Hanham – Remedying Mischief; Bishop John Russell and the royal title. [Ricardian Vol.12, No.151, December 2000 p.146])
 Nicholas Pronay et al – Parliamentary Texts of the Late Middle Ages (Clarendon, Oxford 1980) at p.186 (“A Colchester Account of Proceedings in Parliament 1485, by representatives of the Borough of Colchester Thomas Christmas and John Vertue’)
 Russell’s drafts are reproduced by JD Nichols [Ed] – Grants etc. from the Crown during the reign of Edward V (Camden Soc 1854) pp.xxxv-Lxiii; and also by Chrimes pp. 167-191; the draft sermons are also discussed extensively by professor Alison Hanham (Remedying Mischief) passim; see also PROME pp.2-4, 8. 
 Chrimes ibid
 Horspool pp. 161-165 passim; Horspool prefers innuendo to outright statement but it is clear the he damns Richard’s motives and his methods. Its a pity therefore that he undermines the credibility of his argument by cherry picking his examples and, even then, getting some of the facts wrong. For example, he states that Richard’s use of the pre-contract to bastardize Edward broke with ‘established precedent principally in not giving the children in question or their mother a chance to reply’. It is an erroneous point, since there was no ‘established precedent’ for this situation; it, was unique. What precedent does show, is that no king could be deposed without the assent of ‘three estates of parliament’ and it is in that context, and not a court case that the deposition should be seen. See also Skidmore pp.184-195.
 Pronay and John pp.169-171
 See PROME Vol XV pp. 5 and 7
 Anne Curry and R.E. Horrox – 1460 PROME, Vol XII, Henry VI Parliament, October at pages 510 and 518. Even though the situations in 1460 and 1483 were different, the principle that the royal accession was not justiciable was well established
 A R Myers – Parliament 1422 -1509 [published in RG Davies & J H Denton (eds) – The English Parliament in the Middle Ages (Manchester UP 1999 edition) pp.153-154].
 PROME Vol XV ibid; see also Myers p.153
 For the text of Titulus Regius see Rolls of Parliament (Rotuli Parliamentorum), 6 volumes (London 1776-77) vol. 6, at pp.240-42. A photographic facsimile of the original (with the seal shown) is available online at http://partyparcel.co.uk . There are two versions: the first in Middle English and the second with modern spelling. Despite some suggestion that Titulus Regius is not an ‘Act of Parliament’, it clearly is. It states the ‘law’ of the land insofar as king Richard’s royal title is concerned. It is also is described in the Statute Book as an ‘Act of Settlement’. An ‘Act of Parliament ‘ is defined at: http://www.parliament.uk/about/how/laws/acts/
 Chrimes p.285
 Chrimes pp.285-288; see also Myers pp. 146,149 and 153
 Chrimes ibid
 J R Lander – Government and Community 1450-1509 (Edward Arnold 1980) p.203; see also J G Bellamy – The Law of Treason in the Later Middle Ages (Cambridge UP 1970) pp. 8-9, 13 and 21. Although the punishment of traitor depended on royal clemency, it usually involved a particularly gruesome, humiliating and painful death and forfeiture of everything the traitor owned. The children of an attainted man could inherit nothing from their father; as professor Bellamy points out, if he succeeded to anything after the attainder, it would happen by grace rather than right. One commentator even questioned why a traitor’s children should be suffered to live at all.
 See Charles Ross – Edward IV (BCA 1975) p.155, in which professor Ross discusses Clarence’s exemplification as Henry VI’s heir. See also Levine pp. 26-27 for his opinion. It is interesting to ponder Edward of Warwick’s wider significance as a Yorkist heir once Titulus Regius was repealed. Henry VII’s response was to keep the hapless boy imprisoned in the Tower until he was old enough to be decently executed.
 PROME Vol XV p. 97; this was the solution to the conundrum of Henry VII’s lack of a royal title. In stark contrast to elaborate the justification of Richard’s title in Titulus Regius, Henry VII, in his first parliament, simply declared that the crown and all its possessions was vested in Henry and the heirs of his body forever and had been so since the 21 August 1485: justification was deemed unnecessary.
On this date, St Luke’s Day, 18th October, in 1483, apparently egged on by that notorious Lancastrian plotter, John Morton, Bishop of Ely, Henry Stafford, 2nd Duke of Buckingham unfurled his banners in rebellion against his cousin, King Richard III. Morton was supposedly Buckingham’s prisoner, handed over to him by Richard for safe keeping. Safe keeping turned out to mean listening to Morton’s every seditious word and treating him as an honoured house guest. To make the king’s task all the more difficult, and to spread his resources thin, uprisings were already in progress elsewhere in England. Richard was therefore alert, and in swift action to secure his realm.
The whys and wherefores of Buckingham’s revolt are not of consequence for this article, because one thing about his action that 18th October has always bothered me. He was well acquainted with the Severn. He had to cross it every time he went to and from England from his stronghold in Brecon, so he would know the hazard it presented. This would be especially so at times of spring tides, and of the widespread floods that barred his way on this occasion. After ten days of endless rain and stormy weather, the river had burst its banks to a huge extent. Buckingham’s decision to cross anyway was not just unwise, but suicidal. Even allowing for a bridge, the approaches to which were miraculously not submerged, crossing over with an army of men would take time, and every minute counted when he was taking on a commander as clever and experienced as Richard. Maybe Buckingham felt that he had no choice. He had committed himself to join the rebellion, and maybe he saw some great prize in store if it succeeded. Maybe the prize was Richard’s crown.
Learning of Buckingham’s treachery, Richard called him “the most untrue creature living”, which is a measure of the hurt and incredulity he felt toward the second cousin upon whom he had showered rewards and position. Richard was no slouch when it came to military matters, and immediately ordered the destruction or blocking of all the bridges and river crossings that Buckingham might intend to use. Richard wanted the duke trapped on the Severn’s western bank, where he was being harassed from behind by the Welsh Vaughan family. The longer his forces could be held back, the less secure his position became. Richard knew that soon the dissatisfied Welshmen forced into Buckingham’s service would begin to desert. Buckingham had never treated them well, and they resented him.
Gloucester’s old West Gate
It is now generally agreed that Gloucester was Buckingham’s goal, because it provided the most direct route to London. But to cross there, over the long Westgate causeway that was raised over the channels of the Severn and the marshy island that lay between them, meant marching right through the city, for that was the only access and egress from the Welsh side. Did Buckingham have reason to think the gates would be flung open to him? The records suggest that choosing Gloucester was no last-minute decision, Buckingham had definitely intended all along to take that route, approaching through the Forest of Dean, so maybe he did have allies in the city. Or Morton did. It was to prove immaterial anyway, because the floods had turned the Severn into a sea. Buckingham and his army could not set foot on the causeway, let alone the city streets.
Tewkesbury Abbey on an “island” during the floods of 2007
The first crossing upstream of Gloucester was a ford just south of Tewkesbury at Lower Lode. Such a crossing would require very low river levels, which was most unlikely in October, around the equinox. In the middle of a hot, dry summer, perhaps. Otherwise, forget it. There was a ferry, of course…but imagine the time needed to convey a whole army, horses, weapons and all, even if the river were not in flood. With all that water, no ferryman would embark on such a hazardous exercise. The next bridge was at Upton on Severn, some way upstream, and had probably already been dealt with by Richard.
All factors concerning the arduous matter of crossing the Severn had been encountered in 1471 by Margaret of Anjou, prior to the Battle of Tewkesbury, and she did not have floods to deal with as well. She was trying to take her army into Wales. Buckingham was the other way around. See: https://murreyandblue.wordpress.com/2017/05/03/at-the-gates-of-gloucester-in-1471/
The warning signs would have been there for Buckingham and Morton all the way from Brecon, beginning with the River Usk which flowed past the castle and town. If the Usk was in spate on its way to the Bristol Channel and estuary, so too would be the next river to cross, the Wye, and finally the Severn itself. In between the various streams in the Forest of Dean would no longer be sparkling, trickling, babbling little brooks, but mini-torrents crashing their way down the gradual slope toward the sea.
The Severn still floods in prolonged bad weather, and is worse during the equinoxes. It sometimes floods in the summer too, as in July 2007. It is also subject all year around to a notorious wave, called a bore, that twice a day races in from the estuary and is confined and raised by the narrower channel of the river itself. Back then it could flow inland as far as Worcester. Now it is stopped at Maisemore weir, outside Gloucester. Some bores are small, some large, and in October are usually the latter. They swell any floods still more, and when the Severn bursts its banks, it spreads for miles.
Buckingham, and his nemesis Morton, could not possibly have been in ignorance until the moment of actually seeing the floods. Didn’t they have any scouts? Any local guides? Couldn’t they use their eyes all the way from Brecon? At the very least they should have anticipated it something.. Once closer to the Severn, they probably couldn’t even locate the riverbank, which would be somewhere in the great expanse of fast-flowing, muddy water that was pierced here and there by trees and dwellings.
The following descriptive report is also quoted here (and https://murreyandblue.wordpress.com/tag/buckingham-rebellion/) and serves to illustrate exactly how foolhardy Buckingham was to even consider the crossing. “In the second year of Richard III in the month of October 1483, as the Duke of Buckingham was advancing by long marches through the Forest of Dean to Gloucester, where he designed to pass with his army over the Severn, there was so great an inundation of water that men were drowned in their beds, houses were overturned, children were carried about the fields swimming in cradles, beasts were drowned on the hills. Which rage of water lasted for ten days and nights, and it is to this day in the counties thereabout called ‘The Great Water’ or ‘The Duke of Buckingham’s Water’ (Gloucester Journal November 1770).”
Our inability to understand, only guess, Buckingham’s motives in rising against Richard, lead us to view him as an arrogant numbskull. Did he actually hate Richard with a vengeance? Had Morton, that unholy man of God, convinced him of his own birthright and invincibility? Blessed him in the name of the Lord? Promised the aid of the saints? Vowed he could part the Severn Sea with a brandish of his crozier? We may never know. All we know is that the duke and his army reached the Severn and couldn’t cross. His Welshmen deserted him, Morton melted away too, and Buckingham had to flee north, eventually to be captured hiding near Shrewsbury.
Buckingham was taken prisoner to Salisbury, tried and beheaded, begging to the end for the chance to explain himself to Richard, who refused to receive him. Part of me wishes Richard had granted the request, because Buckingham’s explanation might have been interesting. Might? It would have been interesting. Illuminating, even. On the other hand, Buckingham’s son and heir later told that his father had a dagger hidden on his person, which he intended to plunge into Richard at the first opportunity.
Should anyone wish for a more light-hearted approach to the saga of Buckingham, Morton and the Severn floods, in 2014 I wrote a spoof called Row, row, row your boat. I hope it amuses.
And if you’re ready for another laugh at Buckingham’s expense…
Harewood House is known as one of Britain’s treasure houses, but for some of us, the older history of the estate is more interesting than the 17th c stately pile. There is a ruined castle, encroached upon by the wildwood, and a stunning medieval church, All Saints, containing the effigies of members of several important families in the area—the Redmans, the Rythers and the Gascoignes. All of these tombs are skilfully carved in alabaster and are extremely beautiful; one of the finest collection of late medieval alabaster tombs in the country.
Edward Redman (also spelt Redeman, Redmayne and in several 1700’s sources Reedman), lies beside his wife Elizabeth Huddlestone with a peaceful smile on his carven face; his effigy is said to be one of the first to bear a true likeness to its owner. Redman was a supporter of Richard III and is said to have fought for him at Bosworth. He was a lawyer and Esquire of the Body to the King by 1484. He was made sheriff of Dorset and Devon, and served on commissions to arrest and imprison Buckingham’s rebels in the west in late 1483. Richard granted him lands in Somerset and Wiltshire in 1484.
After Bosworth, Edward Redman kept a low profile but his collar with Tudor roses and ‘esses’ shows that he eventually became reconciled to Henry Tudor’s reign, although it seems he lived quietly and never held high office again.
Edward’s elder brother was William Redman, who also served Richard when he was Duke of Gloucester. William assisted the Duke in removing the troublesome fishgarths from various rivers, and he was made a Knight Banneret by Richard in 1482, while on the Scottish Campaign. Unfortunately, he seems to have died suddenly later that year and is buried at Heversham.
On the opposite side of All Saints church lies William Gascoigne (there are actually 3 William Gascoignes buried in All Saints, this William being the youngest of the three. His wife was Margaret Percy, the daughter of the 3rd earl of Northumberland. He lived in Gawthorpe Hall, now just a series of large earthworks on the edge of the Harewood estate. He served the 4th earl for a while but later served the Duke of Gloucester in Scotland in 1482, and when Richard became King, Gascoigne was made a Knight of the Body. He also fought at Bosworth but survived, though he died just two years later.
William’s daughter Agnes (also known in some sources as Anne) married Thomas Fairfax and had twin boys, whose descendants are rather notable today—Nicholas is an ancestor of Prince William (though his mother, Princess Diana) and William is an ancestor of Catherine, Duchess of Cambridge
If visiting All Saints Church, there is no need to pay to get on to the Harewood Estate. Park in Harewood village at the community hall and walk up the bridleway; the church will be found on the left after a short walk. The earthworks of Gawthorpe Hall are in the field on the right; pass over the cattle grid and you will see them on the horizon. Returning to the village hall, have a rest if you need one, then, if you wish, set out to find Harewood Castle’s haunting ruins. Go behind the community hall, walk past the picnic tables and go between 4 wooden posts. It looks like you are entering someone’s back garden but is a right of way. After a few minutes, you’ll come onto a paved cul-de-sac with houses; look left and you’ll see a green sign saying public footpath. Follow it into the woods. You should see a tunnel; go through it and you are on a direct route to Harewood Castle, founded by Sir William Aldeburgh in 1366. (Aldeburgh only had two daughters who married into the Ryther and Redman families.)
Below: Edward Redman and wife Elizabeth Huddlestone
Below: William Gascoigne and wife Margaret Percy
Below: Harewood Castle