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How and why the House of York laid claim to the throne….

Richard, 3rd Duke of York

Here is an article from English Historical Review, 1st June 1998, telling of how and why Richard, 3rd Duke of York, laid claim to the throne of England. The root cause was an entail to the will of Edward III, who was admittedly in his dotage at the time. The entail, which excluded a female line from ascending the throne, spoils that otherwise excellent king’s legacy as far as I’m concerned. But then, I’m a modern woman who doesn’t hold with the denying of rights simply because the ones being denied are the female of the species! Or the denial of anyone’s true and honest rights, come to that. True and honest being the operative words.

The mastermind behind this entail was Edward’s 3rd son, John of Gaunt, Duke of Lancaster, who sought to eliminate any claim from the descendants of his 2nd eldest brother, Lionel. Those descendants were, of course, through the female line, which line happened to be the one from whom Richard, 3rd Duke of York, was descended. Gaunt’s purpose was to see that his own line took precedence. It did in the end, but not in a way old Edward III could have foreseen, and not through the entail. Instead it took the form of Gaunt’s son and heir usurping and murdering his first cousin and rightful king, Richard II, heir of the great Black Prince. Gaunt’s son took the throne and became Henry IV, the first Lancastrian monarch.

John of Gaunt

So it seems that gallant Gaunt leaned on his dying father to achieve his own ambitious ends. But that’s the House of Lancaster for you! And it was Gaunt’s double-dealing chicanery that eventually led to Richard, 3rd Duke of York, claiming the throne that was his by right. And it all led to what we know as the Wars of the Roses.

However, there just might be some doubt about the entail’s existence. According to Penny Lawne’s biography of Joan of Kent: “…In preparation for his [Edward III’s] death he drew up his will, one of the witnesses being Sir Richard Stury, and in an entail specifically designated Richard (II) as his successor…” There is no mention of excluding any female line, but then, Lawne is very pro-Gaunt throughout, so I suppose the nitty-gritty of such an entail was better omitted. Unless, of course, all the entail ever really did was designate Richard of Bordeaux as the old king’s successor. In which case, where did the story of Gaunt’s pressure and interference come from? Ah, well, later in her book, Lawne lays the blame at the feet of Walsingham, who “held Gaunt in particular contempt, convinced he wanted the throne for himself, and repeated virulent gossip and rumours current about the duke…” Walsingham, it seems, even went so far as to portray Gaunt trying to persuade the Commons to discuss the succession, and was so intent upon removing opposition that he requested a law be passed to forbid a woman from inheriting the throne, “which would obviate the claim of Lionel’s daughter Philippa, who arguably held the most legitimate claim to the throne after the prince’s son”. So, this business of excluding females’ claims was due to Gaunt browbeating the Commons, not to Edward III’s entail?

Well, not being a fan of John of Gaunt, I am quite prepared to believe he put the screws on his dying father, in order to ensure the House of Lancaster becoming heir to Richard II’s throne, in the event of Richard childless demise. But I can also believe he’d go to work on Parliament. Gaunt was ruthless when it came to furthering his own family, and how better to achieve this than paving the path to the throne? Either way, he tried to see the succession go to the House of Lancaster.

Richard, 3rd Duke of York, quite rightly, did not think the House of Lancaster had any business wearing the crown. He was descended from Lionel, Duke of Clarence, and truly believed his (senior) line had precedence. I believe so too. Maybe it was through the female line, but it was perfectly legitimate, and until the demise of Edward III and that pesky entail (or Gaunt’s other forceful activities), there had not been a bar on women taking the throne. Yes, they had to stand back while their brothers took precedence, but if those brothers died, then they themselves had every right to be crowned. Lionel of Clarence only had one child, a daughter. His right passed to her, not to his conniving next brother, Gaunt.

Richard of York WAS the rightful king.

Now, of course, it has all been changed, and women can take precedence even if they have a younger brother(s). The line goes through age, not gender. And about time too!

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ANNE MORTIMER AND RICHARD OF CONISBURGH , A LOVE MATCH?

IMG_4798.jpgTHE TOMB THAT  IT IS BELIEVED ANNE MORTIMER SHARES WITH HER IN-LAWS, EDMUND OF LANGLEY AND ISABELLA OF CASTILE…CHURCH OF ALL SAINTS, KINGS LANGLEY

Some time during the month of May 1408 , were married Richard III’s paternal grandparents, Anne Mortimer and Richard of Conisburgh. She was just 16 and he was in his 20s, it being thought that he could have been born circa 1375 but there is some uncertainty about this and it could have been later.  It must have been a love match for it was without parental consent but validated by papal dispensation two years later on the 23 May.   There was certainly no material gains from the marriage for either of them as Anne and her sister, Eleanor, were both living in straitened circumstances and being described as ‘destitute’ on the death of their mother..  Conisburgh was destined to suffer on going cash flow problems being described at the time as ‘the poorest of all the earls’ and struggling to maintain the lifestyle appropriate for his rank (1) when he was promoted to Earl of Cambridge in 1414.

Sadly the marriage was short-lived, Anne dying shortly after giving birth to Richard III’s father, Richard of York on the 22 September 1411 at Conisburgh Castle.  The future was to bring about the execution of Conisburgh as a result of the Southampton plot in 1415 leaving their small son an orphan.

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CONISBURGH CASTLE

But I digress , and returning to Anne, it is believed that she was finally reburied once again with her paternal inlaws, Edmund of Langley and Isabella of Castile in All Saints Church, Kings Langley after their original burial place, Convent Chapel, Kings Langley fell into disrepair after the Dissolution of the Monasteries.    In 1877, this tomb and its contents were examined by  Dr George Rolleston.     In a third lead coffin was found the remains of a woman of ‘about’ 30 years old with some of her auburn hair still remaining.  These are believed to have been the remains of Anne Mortimer.

Kings_Langley_Palace_ruins.jpg

Some of the remains of Kings Langley Palace, home to Edmund Langley, are thought to have been incorporated in this old farm building.

Here is a link to an interesting article on  “Anne Mortimer, the forgotten Plantagenet”

1) Richard Duke of York, King by Right p35 Matthew Lewis.

Henry VII’s iffy Beaufort claim….

There is always a howl of outrage if fingers are pointed at Katherine de Roet/Swynford and John of Gaunt, and the legitimacy of their Beaufort children is called into question. The matter is guaranteed to end up with someone’s digit jabbing toward Richard III. Why? Because in his proclamation against Henry Tudor, Richard derided the latter’s claim for relying on his mother’s Beaufort descent.

Richard and HT

Initially, the Beauforts were clearly illegitimate. Their parents were not married at the time of their birth, and even if Katherine’s first husband, Sir Hugh Swynford, was dead, Gaunt’s second wife, Constance of Castile, certainly was not. The union of Katherine and Gaunt was adulterous. In those days a late marriage did not legitimise children born before the belated wedding vows. Unless one acquired a convenient papal bull, of course. Which Gaunt was quick to do on the death of his second duchess. He married Katherine, and Richard II was persuaded to make their offspring legitimate. Well, the pope’s invention had made them so anyway. Richard II merely tidied it all up.

Henry IV

But on Gaunt’s death, a spanner was thrown into the works. Henry IV (Gaunt’s very definitely legitimate heir through the duke’s first marriage to Blanche of Lancaster) made it very clear indeed that even though they had belatedly been made legitimate, they were excluded from the throne. And he was their half-brother! He was also a trueborn Lancastrian, his mother having been Blanche of Lancaster, the great Lancastrian heiress. Blanche was the daughter of Henry of Lancaster. It was through her that Gaunt became Duke of Lancaster. Gaunt himself was not a Lancastrian, he merely acquired the title through marriage. So any children he had with anyone other than Blanche of Lancaster were not true Lancastrians.

If Henry IV was empowered to make this stipulation, which clearly he was, then he was determined to deny the throne to the Beauforts. No question about it. Yet, late in the 15th century, along came Henry Tudor, presenting himself as Earl of Richmond and the Lancastrian heir. Yes, he descended from John of Gaunt (3rd son of Edward III), but through the Beauforts, whose legitimacy was suspect to say the least, and who had anyway been barred from the throne by Henry IV. This was the basis of Henry Tudor’s challenge for the crown of England. No wonder than when push came to shove, on miraculously/treacherously defeating Richard III at Bosworth, he wisely made his claim through conquest! The Beaufort side of it was a little too dodgy, and he knew it. Conquest, on the other hand, was plain, simple. . .and unchallengeable.

Ralph Neville, 1st Earl of Westmorland, with his second wife, Joan Beaufort

Joan Beaufort, 2nd wife of Ralph, 1st Earl of Westmorland.

But, I hear you cry, Richard had a Beaufort in his ancestry! Yes, he did, Joan Beaufort, Countess of Westmorland, daughter of Katherine and Gaunt. No disputing the fact. I make no bones about it. However, Richard didn’t claim through Joan. His descent came from two of Edward III’s other sons, Lionel of Clarence (2nd son) and Edmund of York (4th son). The two lines were subsequently united when Richard of Conisbrough (York) married Anne Mortimer (Clarence). Their son, Richard, 3rd Duke of York, became the father of both Edward IV and Richard III, No link to any Beauforts.  There was nothing iffy in Richard’s descent, unless one wishes to challenge the fact that Edmund of York was his progenitor. The then Duchess of York was said to be frisky, and a certain Duke of Exeter was supposedly her lover, which, if true, made Edmund’s, er, input, a little questionable. But Richard of Conisbrough was accepted as Edmund’s son, and even if the rumour about Exeter and the duchess were  true, it still leaves Richard III’s descent from Lionel, Duke of Clarence, whose position as Edward III’s second son was superior to Gaunt’s, the latter being only the third son.

So there you have it. When Richard III derided Henry Tudor’s Beaufort descent, he was spot on. It was Tudor’s only claim, and placed him on thin ice. Which was why he vowed to marry Elizabeth of York (to benefit from her Yorkist lineage), and then claimed the throne through victory in battle in 1485. Richard wasn’t lying or conveniently forgetting anything. Yes, he had a Beaufort in his ancestry, but he didn’t claim anything through that line. His descent from Lionel of Clarence and Edmund of York was considerably stronger than anything Henry could produce.

Spare me your howls of outrage. Katherine Swynford and John of Gaunt were deeply in love, there is no doubt of that, but in the beginning it was an adulterous romance on Gaunt’s part. Maybe on Katherine’s too, although that seems less likely. Not impossible, though. So the Beauforts were illegitimate, legitimate, forbidden the throne. In that order. Henry Tudor of the House of Beaufort had his eyes on that very thing, the crown of England. Gaunt himself probably wanted his children by Katherine to be in line for everything, and he schemed to exclude the female line—in order to negate any claim from the descendants of his elder brother, Lionel, who left a daughter. Gaunt also claimed the throne of Castile through his own second wife. How very selective of him.

Do not point your bony fingers at Richard for not mentioning his Beaufort blood. Why should he refer to something that was of no importance to him? So he focused instead on Henry Tudor, to whom that dodgy Beaufort blood provided an only link to English royalty? Take away the Beaufort element, and Henry Tudor had nothing whatsoever to bolster his claim. Richard’s claim, on the other hand, was not in the least reliant on the Beauforts. He was the rightful King of England. The only rightful king!

Richard III and Undercroft

See also:-

http://www.richardiii.net/downloads/bulletin/2007_06_summer_bulletin.pdf In the article by David Candlin, page 22, are full details of Richard’s proclamation against Henry Tudor. Richard claims that Tudor’s Beaufort line was begotten in double adultery. He may have  believed that Katherine Swynford’s first husband, Sir Hugh Swynford, was still alive when she began her affair with Gaunt. Whatever, adultery was certainly involved, which made the children illegitimate.

 

 

 

 

 

Heraldic “devices” of the House of York

The origins of these devices is set out in Richard III as Duke of Gloucester and King of England by Caroline A. Halsted, volume 1, pages 404-5. The source quoted is Archoelogia vol. xxii, p.226. The main change here is to convert the text into modern English:

The dukedom of York – the falcon and fetterlock.

Conisbrough (presumably relating to ownership of the castle.) – The falcon, with a maiden’s head with her hair hanging about her shoulders and a crown on her head.

The Castle of Clifford – note, a property inherited from the Mortimers – a white rose.

The earldom of March – a white lion.

The earldom of Ulster – a black dragon.

(From Edward III) – a blue boar with his tusks and “cleis” and members of gold.

(From Richard II) – a white hart and the sun shining.

The honour of Clare – a black bull, his horns and his “cleys” and his members of gold.

(From the “Fair Maid of Kent” – a white hind.

(The principal connection with Joan Holland “the Fair Maid of Kent” is that Alianore Holland, Countess of March, her granddaughter, was the maternal grandmother of the 3rd Duke of York. Another granddaughter, Joan or Joanne, Alianore’s younger sister, married Edmund of Langley as his second wife.)

 

 

How Edward IV ascended the throne of England….

 

The Wars of the Roses did not commence, à la Bard, with white and red roses snatched and brandished in a garden by opposing lords, but they were foreshadowed at the turn of the fifteenth century when Henry of Bolingbroke, Duke of Lancaster, usurped and murdered Richard II.

Bolingbroke was the son and heir of Richard II’s uncle, John of Gaunt, Duke of Lancaster, through Gaunt’s first marriage, to Blanche of Lancaster. It was through Blanche that the dukedom came to Gaunt. Bolingbroke was therefore the undisputable heir of the House of Lancaster.

But Gaunt had other children by other women, especially a nest of illegitimate Beauforts by his liaison with Katherine de Roët/Swynford, who had been governess to his children by Blanche. Gaunt wanted the Beauforts to be legitimized, and Richard II eventually agreed. Letters Patent were issued in 1397.

When Bolingbroke stole the throne and murdered Richard, he also made sure that his half-siblings, the Beauforts, could not succeed to the throne. He did this by adding a clause to the original Patent of legitimation. This was popularly regarded as valid, but maybe it was not, because the original patent had received parliamentary sanction.

The Lancastrian line held power until the reign of Bolingbroke’s grandson, the weak, ineffectual Henry VI. At first childless, Henry had to decide on an heir. If the Beauforts were set aside, the next legitimate heir to the throne was Richard, 3rd Duke of York, who descended from Gaunt’s younger brother, Edmund of Langley, 1st Duke of York. But, York was also descended, through his Mortimer mother, from Lionel of Antwerp, Duke of Clarence, who was an older brother of Gaunt’s. Not the oldest, of course. That honour went to the Black Prince, father of Richard II.

Gaunt and the Lancastrians did their utmost to insist that rights to the throne could not descend through a female line. They were wrong. For instance, Henry II’s claim came through his mother, the Empress Matilda, whose opponent, Stephen, also claimed through his mother. So, the Lancastrians were good at dealing from the bottom of the pack. Gaunt himself laid claim to the throne of Castile in right of his second wife! And he had gained the incredibly wealthy and important dukedom of Lancaster through his first wife. But that was different, of course. Oh, of course. So, they were hypocrites.

This was the situation when Henry VI needed an heir. York felt, rightly, that he was the legitimate heir. He did not claim that the House of Lancaster had no right to the throne, only that he was the next heir. Then, miraculously (or by the divine intervention of the Beaufort Earl of Somerset) Henry VI’s queen provided the much-needed son. In the nick of time, eh? Poor Henry believed he was the father, but a lot of people saw hanky-panky at work…and Somerset’s Beaufort fruitfulness.

York’s claims went quiet again. But as the years passed, Henry’s queen, Margaret of Anjou, grew fearful that York’s designs on the crown would be at the expense of her son. She was aided and abetted in this by the powerful Duke of Somerset. York realized that he and his House were in danger of extinction, and chose to stand up for his rights.

Thus began the Wars of the Roses, a tussle that went on for decades and resulted in the crown going from Lancaster to York, and then back to Lancaster….if Henry Tudor can be described as a Lancastrian. He was descended through the Beauforts, who, according to Henry IV, could not succeed to the throne. But that is yet another story. So, too, is the fact that if the claim to the throne could descend through the female line, then Philippa, one of Gaunt’s daughters by Blanche of Lancaster, and thus full sister of Henry IV, had to be considered. She had married the King of Portugal, and had sons. Philippa’s younger sister, Elizabeth, had married the Duke of Exeter, but their line was not considered either. Besides, Philippa was the older sister, and her line not only legitimate, but secure. However, as far as I can ascertain, her claim does not appear to have been even vaguely considered.

By this time York was the father of four sons: Edward, Earl of March (Edward IV), Edmund, Earl of Rutland, George, Duke of Clarence, and Richard, Duke of Gloucester (Richard III). The first two were old enough to fight. Another of York’s great assets was the Earl of Warwick, who is now known to us as the “Kingmaker”.

With Margaret determined to protect her son’s rights, battles commenced, and fortunes swung. Then York and his second son, Edmund, were slain by treachery (the same fate as that suffered by the last of the sons, the brave Richard III) at the Battle of Wakefield. York and Edmund’s heads were displayed on the gate of York city. At least Richard III did not suffer that.

Now York’s eldest son, Edward, the new Duke of York, became the figurehead of the Yorkist cause. Bitterly angry about the fate of his father and brother, he took up the cudgels and, with Warwick at his side, triumphed over the Lancastrians to take the throne. He was proclaimed king on 4th March 1461. After a few years there was a hiccup, and he was forced to flee the country with his younger brother, George and Richard. Henry VI was reinstated. Edward returned, and after another bout of battles (and quarrelling with and alienating Warwick, to say nothing of having George switch sides more than once) Edward finally demolished Lancaster at the Battle of Tewkesbury on 4th May 1471. He gained victory with his brothers fighting at his side. Somerset was captured and beheaded. Margaret of Anjou’s son, the Prince of Wales, was also slain, and Margaret’s will finally broken. Days later, Henry VI, died in the Tower of “melancholy”. Hmm. Let’s just say that his survival would have been inconvenient to Edward, who wouldn’t want him returning to the throne again.

 

And so England had her first Yorkist king for the second time. If you see what I mean. The above is clearly somewhat condensed, and many of the finer points have had to be omitted, but it’s the gist of how handsome, dashing, charming Edward, Earl of March, became King Edward IV.

Edmund Mortimer 5th Earl of March

Edmund Mortimer, later 5th Earl of March, was born on 6 November 1391. His parents were Roger Mortimer, Earl of March (1374-1398) and his wife, the well-connected Alianore Holland, daughter of Thomas Earl of Kent. In the view of many people, including the Westminster Chronicler, and the Welsh poet Iolo Goch (c1320-1398) Earl Roger was the rightful heir to King Richard II. Under current inheritance doctrine he certainly would be, but it was far less clear at the time. Ian Mortimer believes – on the basis of reasonably compelling evidence – that Richard selected his uncle, Edmund of Langley, Duke of York to succeed him. In the event, of course, Richard was succeeded by his Lancastrian cousin, Henry IV. Whether this would have happened so smoothly had Earl Roger not died the previous year is a moot point.

After Earl Roger’s death, Countess Alianore received a dower valued at £1,242 a year (the rough equivalent of the minimum income for two earldoms!) and the remainder of the Mortimer lands were partitioned in wardship between the dukes of Aumale (Edward of York), Exeter (John Holland) and Surrey (Thomas Holland) and the Earl of Wiltshire. This arrangement did not last long due to fall of Richard II and the consequent deaths of Exeter, Surrey and Wiltshire. Countess Alianore was allowed the custody of her daughters, but her sons, Earl Edmund and his brother, Roger, were kept in King Henry’s hands under the charge of Sir Hugh Waterton, a Yorkshireman of Henry’s extensive following.

It is certain that not everyone in England accepted Henry IV’s dubious title to the throne. Among those who did not was the King’s own cousin, Constance of York, Lady Despenser, who contrived to extract the boys from Windsor Castle in the middle of a February night 1405. Her intention was apparently to take them to Owain Glyndwr in Wales, their uncle, Sir Edmund Mortimer, having already defected to Glyndwr after Henry’s failure to ransom him. The fugitives were recaptured near Cheltenham; had they managed the few extra miles to the other side of the Severn, English and Welsh history might have been different. It was only after the failure of Constance’s plot that Glyndwr, Edmund Mortimer and Northumberland came up with the Tripartite Indenture, a scheme to divide England between them; a proposal which probably cost them at least as many supporters as it gained.

Meanwhile, the young Earl of March and his brother were transferred to Pevensey Castle, where for a few months they were joined by Constance’s brother, Edward, Duke of York (the erstwhile Aumale) who was imprisoned for his part in her scheme. In February 1409 the two boys were transferred to the household of Henry, Prince of Wales, the future Henry V. The fall of Harlech Castle, Glyndwr’s last stronghold, and the death in the siege of their uncle, meant that the Mortimers were now much less of a political threat. The Prince of Wales was also given the custody of a large portion of the Mortimer lands.

Soon after Henry V’s accession, March was given livery of his lands, as he was now of age. He chose to marry Anne Stafford, daughter of that Earl of Stafford who was killed at Shrewsbury (1403) and granddaughter of Thomas of Woodstock, Duke of Gloucester. Henry V imposed a massive marriage fine of 10,000 marks. Now to be quite clear, Henry was entitled to levy the fine, but the amount was wholly excessive and unreasonable. In another king it would be called tyrannical. To make matters worse, to meet the cost of following Henry to France and service his own large debts, March was obliged, in 1415, to mortgage a large part of his Welsh lands plus no fewer than 45 English manors. He was never able to restore himself to solvency, and the burden was eventually passed on to his successor. It should be borne in mind that the Welsh lands had been devastated during the Glyndwr rising, and much reduced in value, while the whole inheritance had suffered some 17 years of wardship, during which a degree of asset-stripping was almost inevitable.

In the circumstances, it is not wholly surprising that March was drawn into the Southampton Plot led by his former brother-in-law, Richard of York, Earl of Cambridge. The exact nature of that plot is still a mystery to historians. It was certainly aimed at Henry V, but not necessarily at killing the King or overthrowing his government. Whatever the ultimate intentions of the conspirators, their ideas seem only to have been half-formed when March, perhaps in a panic, decided to betray them to the King.

By doing so March saved his own life, but made it unlikely that anyone would trust him ever again, He obtained a royal pardon for all treasons and other offences and went to France with Henry, only to be invalided back from Harfleur. It is likely that he contracted dysentery. Between 1416 and 1422 he was involved in other military actions in France without any obvious advantage either to his fortunes or his reputation. Henry gave him no share in the lands conquered in Normandy.

After Henry’s death March served on the Council but soon attracted the hostility of Humphrey, Duke of Gloucester, who in 1424 claimed that March was keeping too great a household and offering too much in the way of hospitality. The activities of March’s kinsman, Sir John Mortimer, who escaped from the Tower twice before being executed in 1424, cannot have helped his case.

In May 1424 March was made Lieutenant of Ireland, and effectively banished there. His term of office did not in fact last long, as like his father he died in the Emerald Isle. In Edmund’s case, on 18th January 1425. His marriage was childless, but his widow went on to have children with her second husband.

The effect of this was (since Edmund’s brother had died some years earlier) that the vast Mortimer estates passed to his nephew, Richard, Duke of York. Without this “merger” – so to speak – it is most unlikely that the House of York would ever have had sufficient landed clout to put itself on the throne. It is worth mentioning that this was also the cause of the white rose badge transferring to York. Previously it had been a Mortimer symbol.

Sources:

Henry V and the Southampton Plot, T.B. Pugh.

Complete Peerage (March)

The Fears of Henry IV, Ian Mortimer.

1415, Ian Mortimer.

Frustrated Falcons, Brian Wainwright.

 

 

 

 

 

A further selection of Scropes….

The name “Scrope” was usually pronounced, and sometimes spelled, as “Scroop”.am

To follow yesterday’s post

William, Earl of Wiltshire c1351-1399

William was the second son of Richard Scrope, first Baron Scrope of Bolton. In his younger days he was sometimes associated with John of Gaunt, who made him Seneschal of Aquitaine in 1383.

Subsequently, he secured the favour of Richard II, who made him Vice-Chamberlain of the Household in 1393, and granted him the castle and lordship of Marlborough. In that same year his father purchased the Kingdom of Mann for him, an example of provision was made for a younger son without dividing the main inheritance. He was given the Garter in 1394, and after the fall of Arundel, Gloucester and Warwick in 1397 was made Earl of Wiltshire and given a share of the confiscated lands. In 1398 he was promoted to the important post of Lord Treasurer.

Although Scrope gets little mention in the accounts of Richard II’s reign it is clear that by this time he had become a very influential man. He was given the custody of a number of royal castles, including Wallingford and Beaumaris. He was left in England when Richard II went to Ireland in 1399, and was, in effect, the “active ingredient” in a government under the chairmanship of Edmund of Langley, Duke of York.

When Henry Bolingbroke invaded, Scrope was one of several men who abandoned the Duke of York and took refuge in Bristol. When that city fell to Bolingbroke’s forces, Scrope was captured and summarily beheaded. (He may have had a “trial” of sorts before the earls of Northumberland and Westmorland, but this is by no means certain.)

When one considers the gallons of ink that have been used in bemoaning the execution of the saintly Anthony Rivers in 1483, it is rather surprising to discover that Henry IV has received no similar criticism for the execution of Scrope, which amounted to plain murder, Henry holding no office at the time and thus acting as a lawless, private individual. Historians do not seem to think Scrope worth arguing about, although it is hard to discern what he had done to Henry that merited such savage treatment.

Subsequently, Henry’s first parliament threw a cloak of legality over the murder and confirmed the forfeiture of Scrope’s lands and possessions.

William Scrope had married Isabel Russell, daughter of Sir Maurice Russell of Dorset and Gloucestershire. Although Sir Maurice was far from being a minor member of the gentry, and was particularly active in Gloucestershire, his daughter was not an aristocrat, still less a Plantagenet, and this may help explain why Henry allowed her almost nothing to live on.

Richard, Archbishop of York, 1350-1405

Richard was the third son of Henry, first Lord Scrope of Masham. He received his first rectorship as early as 1368, although he was not actually ordained priest until 1377. The very next year he was no less than Chancellor of the University of Cambridge! He had, of course, achieved considerable academic success, but it seems likely that patronage also played its part. He was a papal chaplain in Rome from 1382-1386, and became Bishop of Coventry and Lichfield in 1386. His diplomatic career included a visit to Rome to further Richard II’s attempt to have his grandfather, Edward II, canonised. He was translated to the see of York in 1398.

Richard was possibly under the influence of the Percy family, with whom his family had connections, and made no attempt to prevent the deposition of Richard II. Indeed, with the Archbishop of Canterbury, he formally led Henry to the throne. On the other hand, when the Percy family rose in rebellion against Henry in 1403, there is no significant evidence that he was involved.

Henry IV remained deeply unpopular, not least in the North and there were a number of conspiracies against him in the years that followed. Unfortunately for them, his enemies never quite managed to coordinate their plans and bring their strength against him at the same time. 1405 was the year of the so-called Tripartite Indenture, the plan to divide England and Wales between Owain Glyndwr, the Earl of Northumberland. and Sir Edmund Mortimer. Owain had at last received armed French assistance, and was poised to invade England. It was in these circumstances that Richard Scrope, no doubt working in collaboration with Northumberland, raised an army of about 8,000 men which assembled on Shipton Moor. With the Archbishop were his nephew, Sir William Plumpton, and the young Thomas Mowbray, Earl Marshal and earl of Nottingham and Norfolk.

They were met by a force headed by Ralph Neville, Earl of Westmorland, which Northumberland had failed to intercept. Instead of engaging, the Archbishop agreed to parley and was tricked by false promises into disbanding his army. After that he, Plumpton and Mowbray were promptly arrested. After a travesty of a trial – a trial in which Chief Justice refused to participate – all three were beheaded.

Scrope was buried in York Minster and his tomb became an unofficial shrine. Lancastrian kings naturally sought to discourage to the cult, while the Yorkist kings, equally naturally, looked upon it with favour. However, Scrope was never officially canonised. It need hardly be said that Scrope was the first Archbishop to be executed in England – Becket, after all, was simply murdered – and with the sovereign’s full authority.  He was also the last prelate to be so dealt with until the Tudor era.

The Pope excommunicated all those involved in Scrope’s death, although the sentence was never published in England. Henry IV eventually secured a pardon by offering to found two religious houses; these were not, in fact, founded in his lifetime, but came to being under Henry V, and were the last such to be created in the medieval period.

It was soon after Scrope’s death that Henry was struck by the mysterious illness which made the rest of his life a misery. Naturally, his enemies ascribed his affliction to the vengeance of Richard Scrope.

Henry Scrope, Lord Scrope of Masham, c1370-1415

Henry Scrope was knighted by Richard II in 1392, and was retained by that king for life in 1396. Nevertheless he rapidly transferred his allegiance to Henry IV in 1399 and served him loyally in various capacities throughout his reign. His first wife, Philippa de Bryan, was a Welsh heiress (or perhaps more correctly a heiress of lands in Wales) and part of his effort was directed towards guarding her lands against the Glyndwr rising. He inherited the Masham barony from his father in 1406, but seems to have been “running the family business” so to speak for some years. He was briefly Lord Treasurer in 1410, possibly because of his connections to Prince Henry (who was running the government at the time because of Henry IV’s illness) and Sir Thomas Beaufort. In this role he was successful, and actually left a surplus in the Treasury at the end of his service.

In his private life, Scrope made a second marriage in 1410, to Joanne (or Joan) Holland, Duchess of York, the widow of Edmund of Langley. Joanne was a wealthy woman – T. B. Pugh estimated that her survival for thirty-two years after Langley’s death cost the York family in excess of £30,000. Quite apart from this, Joanne had a portion of the earldom of Kent (following the death of her brother, Edmund, in 1408) and also a share in the lands of her second husband, Lord Willoughby. The joint income of Scrope and his wife was around £1,800 a year, a vast amount for a mere baron.

Unfortunately Joanne and her husband did not live in wedded bliss, and it appears that around 1413 she left him, at least for a time, taking with her about £5,000 worth of his property and decamped to her Yorkist dower castle, Sandal. In his will of June 1415 he offered her a choice of his belongings to the value of £2000 in return for her abandoning any claim to one third or one half of his goods. This suggests his belongings must have amounted to more than £6,000! Since Joanne was already engaged in a quarrel with her Willoughby stepson over personal property, it seems she was not a lady who considered material possessions to be unimportant.

It should not be overlooked that Henry Scrope was a nephew of the late Archbishop of York, and it may be that his loyalty to the Lancastrian regime was not a fervent as it appeared on the surface. In any event he allowed himself to be drawn into the conspiracy known as the Southampton Plot led by Joanne’s stepson, Richard of York, Earl of Cambridge, which sought to replace Henry V with the Earl of March.

It is equally possible that Scrope went into the conspiracy with every intention of betraying it. It appears certain that he did his best to persuade the Earl of March not to get more deeply involved – hardly the action of a convinced plotter – and that he remonstrated with Walter Lucy, March’s close adviser over the matter. Scrope was not even invited to a crucial supper party at Cranbury, held by March and attended by Cambridge, Lucy and Lord Clifford.

However, it was March, not Scrope, who disclosed the conspiracy to Henry V, and the result was that Scrope was executed and all his lands and possessions forfeited. Duchess Joanne acted very promptly to secure a share of the proceeds, including a solid gold statue of the Virgin and various items of plate stamped with the Scrope arms that she claimed as her personal property. It appears nothing was done to retrieve the various expensive items she filched. Scrope’s brother and heir, and his mother, were not so fortunate. Although Henry V intended to permanently alienate most or all of the family’s lands, he had an attack of conscience on his death-bed, and the youngest Scrope brother, and eventual heir, John, was able to rebuild much of the inheritance.

It is, in fact, unlikely that Henry Scrope was guilty of intending the deaths of Henry V and his brothers. It is much more reasonable to say that his offence amounted to Misprision of Treason at worst.

Sources:

Complete Peerage, G.E. Cokayne

Henry IV of England, J.L. Kirby

1415, Ian Mortimer.

The Fears of Henry IV, Ian Mortimer

Henry V and the Southampton Plot, T.B. Pugh

The History of England Under Henry the Fourth, J.H. Wylie

Notes:
This explains how closely the three rebels and Sir Ralph Scrope were related. Note that Sir William of Bracewell’s sons married two de Ros sisters and that the Bolton branch lived on into the seventeenth century although the Masham male line died out early in Henry VIII’s reign. Furthermore, Richard, Bishop of Carlisle, was Richard III’s cousin.

Conisbrough and Sandal, two castles of interest to the House of York….

Impression of the Black Prince and Edward III at Conisbrough

Sandal Castle in about 1300

Sandal in about 1300

Yorkshire is obviously of great interest to Ricardians, as it is to those who are generally interested in the county. You will all find something to educate and entertain you at the midgleywebpages.com site, which traces the origins of the Yorkshire name Midgley.

However there are two pages that I think may be of particular consequence to Ricardians. These concern the castles of Conisbrough and Sandal, both of which have important links to the House of York. Conisbrough was the second residence Edmund of Langley, 1st Duke of York, whose son, Richard of Conisbrough lived there. Richard’s son, also named Richard, became the 3rd Duke of York, father of Edward IV and Richard III. Sandal Castle was the scene of the Battle of Wakefield, at which Richard, 3rd Duke of York, met his end.

Both articles are very informative and lavishly illustrated. They are well worth a browse. 

http://midgleywebpages.com/conisbrough.html

http://midgleywebpages.com/sandal.html

 

 

ENGLAND’S MINORITY KINGS 1216-1483

Introduction

This essay was prompted by a sentence in John Ashdown-Hill’s latest book ‘The Private Life of Edward IV’: “ According to English custom, as the senior living adult prince of the blood royal, the duke of Gloucester should have acted as Regent — or Lord Protector as the role was then known in England — for the young Edward V, eldest son of Edward IV and Elizabeth Woodville, who had been proclaimed king in London.” Not only is this casual generalization about the status of Gloucester’s protectorship at odds with Dr Ashdown-Hill’s otherwise careful attention to detail, it is misleading. It exposes a misconception about the constitutional position in May 1483, which is unfortunately shared by many historians and helps to perpetuate a pejorative myth about the vires of Gloucester’s actions during the late spring and summer of 1483.

 

It is a misunderstanding that is all the more trying since it is so needless. As long ago as 1953, Professor JS Roskell explained the origin of the office of Lord Protector[i]. More recently, Annette Carson (one of Dr Ashdown-Hill’s colleague on the Looking For Richard Project and co-author of their written account of the project) incorporated some of Roskell’s thinking along with contemporary fifteenth century evidence in her detailed study of Gloucester’s constitutional role as ‘Lord Protector’, which explains the position perfectly well.[ii] What these authors establish is that the office of Lord Protector, to which the king’s council appointed Gloucester on the 10 May 1483, was a limited one. The ‘Protector and Defender of the Realm and the Church in England and Chief Councilor to the King’ (to give its full title) was an office created by parliament in 1422 as part of the constitutional settlement that followed the death of Henry V. As the title implies, it is not synonymous with the position of Regent, which was a title and position that reflected authoritarian French practices, which Ralph Griffiths tells us were ‘repugnant to the English mind‘.[iii] However, as we shall see later, change was afoot due to the unique political circumstances of 1483.

 

In the four centuries that separated the Normans from the Tudors, only four English kings succeeded to the throne as children: Henry III, Richard II, Henry VI and, of course, Edward V. I will not dwell on Edward V’s minority for the reason I have already given; however, it is useful to consider the other three minorities since they provide the contextual background for what happened in 1483.

 

Henry III (1216-1272)

Henry III ascended the throne on the 18 October 1216 by right of ‘perpetual hereditary succession’; he was just of nine years old and his future looked decidedly bleak. Three-quarters of the English barons had rebelled against his father, king John, and ‘elected’ Prince Louis of France to replace him. In 1216, Louis came to England with an army of Frenchmen and English rebels to take the crown. By October, he controlled half the kingdom including London and the southern ports with the exception of Dover. In addition, John’s tyranny had damaged royal authority and the infrastructure of government to such an extent that anarchy was endemic. Henry did not have an organised executive or an exchequer with which he could re-establish governance and royal authority; he did not even possess a royal seal. But worse than that he lacked the forces with which to fight the pretender Louis. His situation was desperate but not yet hopeless.

 

In May 1213 king John had signed a charter yielding his kingdoms of England and Ireland to the Roman Church as a vassal.[iv] Although as far as John was concerned this was only a means of gaining papal support for a war against his own subjects, it had beneficial repercussions for Henry and for England since it placed them under papal protection, and unified the English church and crown in what was to become a holy war against Louis and the rebel barons. It also had the immediate practical effect of ensuring that no English bishop was prepared to crown Louis, which was .a considerable handicap for him since he was unable to transform his status as a royal claimant into the divine status of a crowned and anointed king.[v] Henry’s own coronation on the 28 October in the Abbey Church, Gloucester gave him a distinct advantage in establishing his superior claim to the throne. It was, however, a condition of the service that he paid homage to Pope Honorius II for his throne; it was a small price to pay to acquire the divinity that protected him from death or deposition by his human enemies, unless it was God’s will. He still had to avoid being conquered by Louis, since that might be regarded as a sign of God’s will. Following the coronation, loyalists minds turned to the formation of a minority council, the nature and form of which was dictated by the circumstances and not custom.

 

Although it was necessary to organise resistance against Louis’ invasion, the most pressing need was to restore the English barons’ faith in royal authority. Only thus would they be willing to pledge their loyalty to Henry instead of Louis. The Henricians knew the dead king’s wishes as they had his will, in which he entrusted his posterity to the Pope and appointed a council of thirteen men, ‘those whom he most relied upon’, “to render assistance to his sons for the recovery of their inheritance”.[vi] In particular, he commended the guardianship of Henry to William Marshall, earl of Pembroke; for he feared that his heir would ‘never hold the land save through him’.[vii] Although William Marshal was the most famous of Henry’s chosen councilors, he was not the first. Lord Guala Bicchieri Legate of the Apostolic See bore the prime responsibility for consolidating Henry’s succession and restoring royal authority. As Henry’s feudal overlord and head of the Roman Church, Pope Honorius III ‘recognized no bounds on the authority he could exercise in England’.[viii] He sanctioned Guala’s to do whatever was expedient to help young Henry and his kingdom ‘without appeal’. Loyalist councilors were urged to submit to the Legate ‘humbly and devotedly’. Consequently, this minority council is unique in our history.

 

Despite Guala’s authority, it was obvious that he was unsuited to fight the king’s war or to conduct the day-to-day affairs of state. So, those present at the coronation prevailed ‘by their ‘common counsel’ upon William Marshall to assume the mantle of Henry’s guardian as envisaged by the late king. William Marshall had remained faithful to king John from personal loyalty and not from conviction. It was well known that he quarreled with John about policy and he was not tainted with his tyranny. [ix] Marshall’s participation in the minority council was necessary because he was the man most able to unite the English barons against the French invader and despite his old age he was still a redoubtable warrior. He planned and led the successful war against Louis and carried out the day-to day administration of state business. He was particularly adept at using royal patronage to ‘buy’ the rebel barons’ support for Henry. Marshall’s appointment was not a nominal appointment, but neither was Guala a titular leader of the council. He was heavily involved in the council’s major decisions and issued orders to Marshal on purely secular matters, requiring him ‘to do as he was bound to do for the honour of king and kingdom.’[x] The third member of a triumvirate at the head of the council was Peter de Roche, bishop of Winchester. He was appointed as Henry’s tutor. It was a sensible arrangement since neither Guala nor Marshall would be able to take personal care of the king. Later, an argument developed about whether de Roche derived his authority from the council or from Marshall.

 

Henry III’s minority lasted for eleven years. Even after Guala’s resignation in 1218 (He was replaced by Pandulf as Legate.) and Marshall’s death in 1219 (He was succeeded by Hubert de Burgh.) it proved to be the most remarkable minority rule in English history. During it, the Plantagenets rather than the Capetian kings of France were confirmed as the ruling dynasty; England was recued from anarchy and Magna Carta was enshrined into English law.[xi] It also had significant constitutional ramifications. The ‘Great Council’ that met regularly to advise the king during his minority and later during his personal rule was the first conception a national Parliament, which became an institution that existed regardless of whether the king was young or old, weak or strong. [xii] I mention these events because they inform our understanding of the respective roles of William Marshall and Legate Guala, and their successors in the minority government.

 

Professor David Carpenter’s describes William Marshall as “the (sole) Regent” because he granted royal patronage, restored royal authority and dispensed justice.[xiii] It is a reasonable description of Marshall’s position; especially, as Henry’s own appellation for Marshall was ‘our ruler and the ruler of our kingdom‘, which is compatible with the notion of a regent. However, as we shall see, the relationship between Marshall and Guala was not straightforward. Its complexity is best illustrated in the revised version of Magna Carta that was issued in November 1216; wherein, the king declares: “But because we have not as yet any seal, we have caused the present Charter to be sealed with the seals of our venerable father the Lord Gualo (sic), Cardinal Priest by the title of Saint Martin, Legate of the Apostolic See; and of William Marshal Earl of Pembroke, the guardians (my emphasis) of us and of our kingdom, at Bristol the twelfth day of November, in the first year of our reign.” [xiv] The description of Guala and Marshall as ‘our guardians’ necessarily casts doubt on the suggestion that Marshall governed alone as regent. More significant though, is the fact that both of the guardians’ seals were used to authenticate the charter. All of which is inconsistent with the notion of Marshall as regent; a position, which by definition involves the personal rule by an individual exercising royal authority (my emphasis) where the monarch is a minor, absent or incapacitated.[xv]

 

Even more serious, is the possibility that Marshall did not actually exercise the authority of a regent. For example, it was Guala who proposed and sanctioned the re-issuing of Magna Carta as a peace offering to the English rebels.[xvi] Naturally, he acted in unison with the council, including Marshall, but it seems unlikely that the charter could have been issued without Guala’s agreement. It is a hypothesis that does not rely on the fact that the Pope had previously opposed Magna Carta, but on the premise that as the late king’s feudal overlord, he held wardship of his heir until he came of age. Thus, Guala was acting with papal authority as the leader of the minority council. Conversely, William Marshall’s authority was political and limited since it relied on his election by the great council. He acted only with and by the consent of the English polity.[xvii] Marshall was the public face of the council because he was best suited to that role; however, the implication that he was unable to initiate high-policy without deference to Guala is inescapable. The fact that Guala and Marshall worked harmoniously together in the common interest does not render this anomaly irrelevant since a regent is defined by his authority and not by his workload.

 

Richard II (1377-99)

When Richard II inherited his grandfather’s throne in 1377 his subjects hoped he would reverse England’s failing fortunes. The chancellor, bishop Houghton caught the public mood in his opening address to Richard’s first parliament. “Richard, he said, had been sent by God in the same way that God had sent his only son into the world for the redemption of his people.”[xviii] The expectation that he was England’s new messiah was a burden Richard found hard to bear.

 

Insofar as Henry III’s minority may have been a model, it was disregarded in 1377. Then as in 1216 the nature and form of Richard’s minority was determined by circumstances. Edward III’s senility and the illness of the Black Prince had left a power vacuum at court that was filled by Alice Ferrers the king’s unscrupulous mistress and her shifty associates. The Good Parliament (1376) had restored some order and probity by taking conciliar control of the government. However, John duke of Lancaster (John of Gaunt) in his capacity as Steward of the Realm restored the primacy of the royal authority by overturning the parliament’s conciliar approach, much to the chagrin of the three estates. Unfortunately, there was nobody of the stature of William Marshall to unite the Lancastrian faction with their opponents, or anyone of the sagacity of Guala to lead them with moderation and wisdom. The king’s paternal uncles who might ordinarily be expected to fulfill that function were considered to be either untrustworthy or incapable, or both. John of Gaunt was the senior royal adult and the most powerful man in England: he was also the most unpopular. Ambitious to a fault, ‘time honoured Lancaster’ had his own regal ambitions, if not in England and France then in the Iberian Peninsular. However, as a failed soldier and diplomat in the French wars, and a disastrous Steward of the Realm, Gaunt was simply unacceptable to the three estates. Richard’s other royal uncles, Edmund Earl of Cambridge and Thomas Earl of Buckingham were considered dilettantes in affairs of state, lacking the prestige or gravitas to lead a minority government. If the idea of a regent was ever mooted in council, it was quickly dropped

 

If the councilors who met shortly after Richard’s coronation had a plan, it seems to have been to prevent Lancaster or any other powerful individual from seizing the reigns of government. Their presumption that the pre-pubescent Richard was fully competent to rule personally was probably based on the notion that the royal estate was inseparable from the king’s person. It might have been naïve to presume so, but it was not mindless. The legal doctrine of capacities was known to parliament but its scope was limited. For example, a legal distinction could be made between the spiritual and temporal capacities of a prelate, or between the private and public capacities of the king’s Chancellor; however, the office of king and the person of the king were considered to be indivisible. Doubts about this were expressed during the troubled reign of Edward II but they were condemned by the barons and were not raised again during the fourteenth century. According to the English constitutional view, the royal estate (i.e. sovereignty) could not be alienated or delegated save in certain specific circumstances, which were not relevant in 1377. Therefore, even if the king was a minor or infirm his royal authority was held to be unimpaired. In practical terms this meant that anyone wanting to control policy had to control the king. That is why there was an increasing preponderance of the late Black Prince’s household servants on the continual councils at the expense of Lancastrians.[xix] It was by those means that the continual council excluded Gaunt from active government. Nonetheless, the presumption of the king’s competence was a subterfuge. He was little more than the public face of monarchy, the visual representation of order and justice. The continual council, though ostensibly the king’s advisors, was in reality the controlling force of government.

 

The composition of the council varied considerably over the three years of its existence. It was meant to be representative of the different strata of the landed classes: two prelates, two earls, two barons, two bannerettes and four knights. As I have already said, the actual membership reflected political affiliations that exposed the diminution of Lancastrian power. Neither Gaunt nor his brothers sat on the council; even if we allow for the possibility that parliament allocated them some general oversight of the government, the absence of the king’s uncles from the council suggests a remarkable change in the balance of power. Between 1377 and 1380, there were three different continual councils, the last two being slimmer and included an even greater preponderance of the Black Prince’s men.[xx] They achieved some success in restoring stability to the government and prudence to public finances, and they did not succumb to the corruption of previous administrations. Nonetheless, their domestic and foreign policies were generally regarded as failures at the time and since: “ A conciliar regime by its very nature was unlikely to excel in either clarity of vision and efficiency of policy making. It’s strength lay in the opportunity it afforded to achieve harmony through consensus.”[xxi] The tragedy of the time was that harmony was probably never achievable among such a dysfunctional polity. In the parliament of 1380, the Speaker, John Gisburgh accused the continual council of financial mismanagement and demanded their dismissal, adding: “…the king was now of great discretion and handsome stature, and bearing in mind his age, which is very near that of his noble grandfather, whom God absolve, at the time of his coronation (not so!); and at the beginning of his reign had no other councilors than the customary five principal officers of his kingdom.” What Gisburgh was advocating was an end to Richard’s minority and a return to normal government.[xxii] It marked the end of this type on conciliar minority but not the end of the need for continual councils to control Richard’s later excesses.

 

Henry VI (1422-1461 and 1470)

King Henry VI succeeded to the English throne following the death of his father on the 31 August 1422; he was barely nine months old. On his deathbed Henry V disposed of his two kingdoms in a codicil to his will. France he entrusted to the regency of his brother John Duke of Bedford. To his youngest brother Humphrey Duke of Gloucester he committed England, signifying that the duke should have ‘the principal safekeeping and defence’ of his beloved son’ (tutela et defensionem nostril carissimi filii principales).[xxiii] These words are important; especially ‘tutela’, since it implied that duke Humphrey was to have the powers of a regent. When parliament met in November to settle the constitutional arrangements for Henry VI’s minority, they had two alternatives. They could grant the late king’s wishes and allow Humphrey to govern the realm as he claimed or they could heed the lessons of the past to devise a tailored settlement. The settlements of 1216 and were of little or no practical value as a precedent, since their circumstances were irrelevant to the situation in the first quarter of the fifteenth century. Initially, the force of Henry’s will and codicil attracted the support of some lords towards Gloucester’s claim (according to the duke anyway). That changed, however, when they realized the implication of his construction of the codicil. The principal objector was Bedford whose position as the senior royal duke and heir presumptive would be prejudiced if Gloucester obtained the regency of England. The other English lords were also anxious; they were not unnaturally keen to preserve English sovereignty in the dual Anglo-French monarchy that subsisted.[xxiv] Therefore, they could not ignore Bedford’s interests by giving away powers that might belong to him, particularly as he was necessarily detained in France.[xxv]

 

The constitutional debate that began on the 5 December 1422 was parliament’s most important business. The lords were determining the governance and defence of the realm and the importance of the occasion cannot have been lost on them. Not only was Henry VI a babe in arms and therefore, unlikely to be crowned for many years but also there were two thrones to consider.[xxvi] At least one historian considers the untimely death of Henry V to have been the ‘most consequential event in the history of Lancastrian monarchy between 1399 and 1461’. Doubtless it was also a significant factor in ‘moulding’ English constitutional ideas for many years to come.[xxvii] It is all the more disappointing, therefore, that neither the debate nor the arguments are recorded in the Parliamentary Roll. It contains only the details of the outcome. Eventually the lords, with the assent of the commons, devised a compromise.[xxviii] John duke of Bedford was appointed ‘Protector and Defender of the Realm and of the English Church, and Chief Councilor of the king’. In Bedford’s absence, that title and its accompanying powers would fall to the duke of Gloucester. It was a pragmatic solution that recognized existing constitutional doctrine and also probably reflected parliament’s fear that either or both the royal uncles might try to impose a regency government on England. The creation of a protectorate scotched that idea. Bedford accepted the decision gracefully; Humphrey, through gritted teeth. He was clearly unhappy at not being given the authority he wanted.

 

Though we do not have an official record of the debate, we do have an unenrolled ex post facto note of Gloucester’s claim, which has been incorporated as an Appendix to the modern translation of the Parliamentary Roll. It is almost certainly a self-serving document as suggested by Anne Curry. Nevertheless, it gives us the gist of Gloucester’s protest and an inkling of his ambition. He claimed the principal tutelage and protection of the king by right of his brother’s codicil, “which codicil was read, declared and assented to by all the lords” who ‘beseeched’ him to take the principal tutelage and protection of the king and promised to help his cause. He alluded to a commons petition that he should to possess the governance of the realm; which petition, he argued, was not satisfied by the proposal that he should be merely ‘defender of the realm and chief councilor’. He also claimed tutelage of the kingdom by right of law: “Whereupon, my lord, wishing that neither his brother of Bedford nor himself should be harmed by his negligence or default, has had old records searched, and has found that, in the time of Henry the third, William Marshall, earl of Pembroke, who was not so close to the king as my lord is to our liege lord, was called ruler of the king and kingdom of England [rector regis et regni Angliae]. So in conclusion, he thinks it reasonable that either he should, in accordance with the desire of the commons, be called a governor or else, according to this record, ruler of the kingdom [rector regni] but not of the king [regis][xxix] as he does not wish to claim as much authority as William Marshall did. So he desires to take upon himself this charge by the assent of the council with the addition of the word defender according to the desire and appointment of the lords.[xxx] The note concludes with Gloucester’s assurances that (being ‘ruler’) he would do nothing of substance or flout the common law, save by the advice of council. He also acknowledged that nothing agreed could be to the prejudice of his brother Bedford’s rights.

 

Given Gloucester’s conviction that the governance of the realm belonged to him personally as of right and by virtue of his late brother’s will, it is hardly surprising that the next few years were marked by his resentment and consequently by disharmony within the conciliar regime. On the 3 March 1428 (during the 1427 parliament), while Bedford was away, Gloucester made another attempt to redefine authority in his favour[xxxi]. ‘Having had’, he said, ‘diverse’ opinions from several persons concerning his authority, he desired the lords to deliberate and carefully reconsider his power and authority for the avoidance of doubt’. He declared himself willing to leave the chamber whilst his request was debated. Indeed, so strong was his attitude that he refused to return to the chamber unless the lords reached a decision. The lords, without the commons (Presumably the lords were acting in a judicial capacity.) gave judgement through Henry Chichele archbishop of Canterbury. The archbishop reminded Gloucester that in 1422 the lords had given mature consideration to his claim, during which they discussed the law and precedent And they had adjudged his claim to be illegitimate since it was not based on the law of England; which law, the late king had no power to alter or change in his lifetime or by his will, without the assent of parliament. However, to keep the peace they had determined that ”… you (Gloucester), in the absence of my Lord Bedford, your brother, should be chief of the king’s council, and have therefore devised for you a different name from the other councilors, not the name of ‘tutor’, lieutenant, governor or of regent, nor any name that might imply governance of the realm, but the name of protector and defender, which implies a personal duty of attention to the actual defence of the realm both against enemies overseas, if necessary, and against rebels within.[xxxii] If the lords had wished Gloucester to have more power, said the archbishop, they would have granted it to him. Furthermore they were amazed that he should now ask for more, especially as he and his brother had accepted this compromise when it was made; since when, of course, the king ‘had advanced in years and intelligence’. Finally, Gloucester was required to be satisfied with his current position and to remember that he had no power in parliament in the presence of the king, save as a duke and that his office was held at the king’s pleasure. It was an unequivocal rejection of the notion that Gloucester (or indeed Bedford for that matter) was regent or had the authority of a regent, during the king’s minority. The lords explicitly reserved to themselves the right to govern during the minority or incapacity of the king, whether in council or in parliament. Although the lords’ anger is palpable and Gloucester received a stern rebuke for his cheek such as no royal duke usually experienced, their decision was not made in pique but only after careful consideration. By rejecting the king’s codicil and by their words, parliament was making a distinction between the civil inheritance of an estate by a will and the constitutional disposal of the kingdom by royal prerogative.[xxxiii] It is a clear that they did not consider the crown to be normal heritable property or subject to the civil laws of inheritance.

 

Gloucester’s claim for tutelage also raised a grave constitutional issue since it included the power to exercise the delegated royal authority, implying a separation of the king’s estate between his person and his office. This was contrary to English law since it was generally held that whatever the disability of the king (‘nonage or infirmity’ to use Chrimes’ quaint phrase), his royal authority was unimpaired; furthermore, this authority resided in the king’s person alone and could not be exercised by any other individual. We see this principle enunciated in a council meeting that took place in 1427, whilst Bedford was in England; wherein it was pronounced that (and I am paraphrasing) ‘even though the king is now of tender age, the same authority rests in his person this day as shall rest in the future when he comes of age.’ Moreover, the council concluded that if, due to ‘the possibility of nature’, the king could not indeed rule in person then ‘neither God nor reason would that this land should stand without governance’; in such a case royal authority rested with the lords spiritual and temporal.[xxxiv] Nobody can doubt that in 1422 Henry’s royal estate was incomplete by virtue of his infancy, ‘since it lacks will or reason, which must be supplied by the council or parliament’. The impossibility of alienating or delegating royal authority is further illustrated by the care with which both parliament and the protector avoided any imputation that their settlement established a partition of the source of authority. Gloucester claimed to be rector regni (governor of the kingdom); he did not claim to be rector regis (governor [tutor?] of the king).

 

Conclusion

The historiographies of these three reigns chart the evolution of English minority governments from the ambiguity of William Marshall’s ‘regency’ in 1216 until parliament’s rejection of duke Humphrey’s claim for tutelage in 1428. During that period the guiding   principle was to preserve the integrity of royal authority through consensus rather than autocracy. Although there was undoubtedly an ideological element to this thinking, the real driving force was political pragmatism. It was believed necessary in each reign, though for different reasons, to protect the integrity of royal authority from the possibility of abuse by an unscrupulous or overly ambitious regent. Consequently, each settlement was driven by the realpolitik of the day rather than by precedent or custom. This is also true of Edward V’s minority.

 

Edward IV’s death was unexpected and unexplained; consequently, its dramatic consequences could not be foreseen by Richard duke of Gloucester or the Council. Edward V’s maternal family led by his mother Elizabeth Grey (née Woodville)[xxxv] mounted a coup d’état against the lawful government and the late king’s wishes. Their aims were to crown young Edward before the Privy Council could arrange a protectorship and to rule the kingdom through a compliant king. Their attempt to persuade the council to their cause in the absence of the king’s senior uncle and their disregard for Edward’s deathbed codicil, whilst not illegal, were not benevolent acts. They raised the spectre of civil war and a return to the social unrest and injustice that had blighted the 1440’s and 1450’s, and triggered the Wars of the Roses. Ultimately, the coup was unsuccessful due to Gloucester’s timely intervention and, more significantly, because the Woodvilles lacked support among the lords. In May 1483 the council’s appointed Richard duke of Gloucester as Lord Protector. This was consistent with the 1422 settlement and with Edward IV’s deathbed codicil, and it consolidated Gloucester’s position as leader of the minority government. However, as we shall see, the council did not exclude the possibility that his powers might be enlarged later, as a bulwark against Woodville ambition.

 

The sermon drafted by the Chancellor (bishop John Russell) for Edward V’s first parliament provides an insight into the councils thinking and their intention. They proposed to enlarge the Lord Protectors powers to include tutelage and oversight of the king and the kingdom.[xxxvi] It is neither necessary nor desirable for me to repeat or to summarize Annette Carson’s analysis of the chancellor’s draft sermon, or to comment on her conclusions about the form of post-coronation government envisaged by the council. My only interest is in emphasizing the radicalism of this proposal, which was completely outwith the conciliar principles of past minorities and challenged the traditional English view of kingship. Quite why the council thought it was necessary to abandon the safeguards afforded by the 1422 model is not certain. However, there are sufficient clues in the draft sermon for us to draw the reasonable inference that political pragmatism was their primary motivation. It was considered necessary for Gloucester had to have full ‘tutelage and oversight’ of the king’ because the Woodvilles were manifestly unfit to do so and/or they had abandoned their responsibility for the king’s person. [xxxvii]. Nobody doubted that they would continue their attempt to control the king, which if successful would be to the detriment of the peace and stability of the kingdom. This speaks well of the trust they espoused in Gloucester and the profundity of their mistrust of the king’s maternal relatives . Although I take note of the fact that Edward V’s coronation never took place and his first parliament never met, it is beyond my scope to examine the reasons for that

[i] JS Roskell – The Office and Dignity of Protector of England with special reference to its origins (English Historical Review Volume 68 April 1953) pp. 193-233

[ii] Annette Carson – Richard duke of Gloucester as Lord Protector and High Constable of England (Imprimus/Imprimatur 2015). See also http://www.annettecarson.co.uk/357052362 for a useful and freely available summary of Carson’s analysis.

[iii] Ralph Griffiths – The Reign of King Henry VI (Sutton Publishing 1998 edition) p.19

[iv] W L Warren – King John (Eyre Methuen 1978, 2nd edition) p. 208.

[v] Sir Maurice Powicke – The Thirteenth Century 1216-1307 (Oxford 1988 2nd edition) pp.1-8; the acts of anointing and crowning a king transformed the nature of monarchy. Not only was the office of king divine but now the person of the king was also divine. Humankind could not remove a crowned and anointed king, unless it was the will of God. Any resistance to him was treason and a sin against God’s law.

[vi] Warren p. 255; John’s executors were: the lord Guala, Legate of the Apostolic See, Peter lord bishop of Winchester, Richard lord bishop of Chichester, Silvester lord bishop of Worcester, Brother Amery of Saint Maurie, William Marshall earl of Pembroke, Ranulph earl of Chester, William earl Ferrers, William Brewer, Walter Lacy, John of Monmouth, Savary de Mauléon, and Fawkes de Breauté. John’s last will and testament is the earliest surviving example of a royal will. Considering its importance, it is a remarkably short document, which is more concerned with ensuring John’s acceptance into Heaven than the detailed disposition of his estate

[vii] D A Carpenter – The Minority of Henry III (Methuen 1990), p 52; William Marshall (1146-1219) was not of royal stock; he was the younger son of a minor Anglo-Norman noble and expected to earn his way in the world. As an errant knight, Marshall earned a fearsome reputation as a jouster and an equally impressive reputation of faithful service to five English kings in peace and in war. Stephen Langton, archbishop of Canterbury, eulogized him as ‘the best knight who ever lived’ and he was dubbed by his first (anonymous) biographer as ‘the greatest knight in the world.’ Marshall inherited his earldom through marriage and by 1216 he was a man of considerable wealth and power. Despite his age (he was now seventy), Marshall promised to be a stabilizing influence for the king and his government.

[viii] Carpenter, p. 13

[ix] Carpenter, p. 18

[x]  Carpenter, p. 52, note7

[xi] Carpenter, p.6

[xii] Sir Maurice Powicke – The Thirteenth Century (Oxford 1988 2nd edition) pp. 1-8

[xiii] Carpenter, pp.13-54

[xiv]file:///Volumes/RICHARD%20III/Murrey%20and%20Blue%20essays/11.%20Lord%20Protector/1216%20Magna%20Carta,%20the%20full%20text.webarchive

[xv] The Shorter Oxford English Dictionary 5th edition (2005); ‘Regent: 1) that which rules, governs or has sovereignty; a ruling power or principle, 2) a person invested with royal authority by or on behalf of another; esp a person appointed to administer a kingdom or state during the minority, absence or incapacity of a monarch or hereditary ruler’. See also Chambers Dictionary 13th edition (2014); ‘Regent: a ruler or person invested with interim or vicarious authority on behalf of another.’

[xvi] Carpenter, p.23

[xvii] Carpenter, p. 55

[xviii] Nigel Saul – Richard II (Yale 1997) p.18

[xix] SB Chrimes – English Constitutional Ideas in the Fifteenth Century (Cambridge 1936) pp. 35-37; by the fifteenth century the courts had declared that the royal prerogative ‘ must be intact in the king’s person alone’ (p.35, citing VYB. SEIV, Micho.fo 118-23 [App No 48]).

[xx] Saul pp.31-55, provides an analysis of the membership and a narrative of their downfall.

[xxi] Saul p.45

[xxii] C. Given-Wilson (ed) – The Parliament Rolls of Medieval England, Volume 6 (Geoffrey Martin and Chris Given-Wilson eds) (The Boydell Press 2005) p.149 [PROME].

[xxiii] PROME Vol 10 (Anne Curry ed) p.6; citing P Strong and F Strong ‘ The last will and codicils of Henry V, EHR, 96 (1981) 99 et al.

[xxiv] PROME Vol 10 p.7; Curry suggests that fears were first expressed about the dual monarchy following the Treaty of Troyes (1420). See also Bertram Wolffe – Henry VI (Yale 1981) pp. 28-35, & 44; and Griffiths pp.19-24.

[xxv] Griffiths p.21; Bedford’s friends were in the House and they knew of his ‘position’. Furthermore his letter to the Mayor and Corporation of London setting out his objections was before the lords. The respective appointments of Bedford and Gloucester under Henry’s will were determined largely by circumstances. Ordinarily, Bedford remained in England as Keeper of the Realm in the king’s absence abroad, whilst Gloucester generally accompanied the king. However, in 1422 Bedford went to France with reinforcements for the army and Humphrey returned to England as Keeper of the Realm. The weakness of Gloucester’ position became clear at a council meeting on the 5 November 1422 when the council determined that his tenure as Keeper of the Realm expired with Henry’s death and that he could only open parliament with their consent. It was a body blow to the ambitious Gloucester.

[xxvi] PROME Vol 10 pp. 3

[xxvii] Griffiths p.20

[xxviii] PROME Vol 10 pp. 3 and 23-24

[xxix] PROME Vol 10, p.6; Anne Curry suggests that the Latin word rector could be translated as Regent.

[xxx] PROME Vol 10, Appendix, item 1. ‘The issue of the title of the duke of Gloucester’, p.61; citing as a source PRO C 47/53/12 (in Middle English), printed in SB Chrimes, ‘The pretensions of the duke of Gloucester in 1422 EHR 45 (1930). 102-3

[xxxi] PROME Vol 10, pp. 347-348, items 24-27

[xxxii] PROME Vol 10, ibid

[xxxiii] PROME; ibid

[xxxiv] Chrimes pp. 36-37; citing Proceedings and Ordinances of the Privy Council (Sir Harris Nicolas – ed) iii, pp. 231-36

[xxxv] I write on the basis that the ‘marriage’ of Edward IV and Elizabeth was bigamous.

[xxxvi] Chrimes pp. 167-190 with notes; see also Carson pp. 57-60 and 168-78

[xxxvii] This is a reference to Elizabeth Grey’s flight to the sanctuary of Westminster Abbey

TWO BRIDES FOR TWO BROTHERS

 

‘Did Richard III Marry His Sister?

 

Lurid headlines blared off a rag on sale during Richard’s re-interment week in March 2015. A certain anti-Richard professor was, once again, insisting that because Isabel Neville was sister to Anne Neville and married to Richard’s brother George, that made Richard Isabel’s ‘brother’ and therefore his union with Anne ‘incestuous’ under the laws of the time.

This claim appears to have little foundation. There were several other notable marriages where two royal brothers married two sisters. In 1236, King Henry III of England married the young and beautiful Eleanor of Provence, daughter of Raymond Berenger and his clever, refined wife Beatrice. A few years later, in 1243, Henry’s brother, Richard of Cornwall, married Eleanor’s equally attractive younger sister, Sanchia.

No accounts from the time suggest anything was considered irregular about either marriage due to two brothers marrying two sisters. There was some worry about the legality of Henry’s marriage, but this was because he had previously made a proxy marriage to Joan of Ponthieu. The marriage was not consummated, as Henry was eager to state (he and Joan probably never met) and hence was swiftly annulled.

Interestingly, there was another pairing of two brothers and sisters involving the Provencal daughters of Raymond Berenger, only these marriages took place in France rather than England. King Louis IX married the eldest of the four girls, the clever Margaret or Marguerite, and some time later, when she was of age,  Louis’s brother Charles married the youngest one, Beatrice.

Another case of brothers marrying sisters in English royalty concerns John of Gaunt and his youngest brother Edmund of Langley. Gaunt took Constance of Castile as his second wife, while  Edmund of Langley wed Constance’s sister Isabella…and from this latter union was born Richard of Conisbrough, the father of Richard Plantagenet, Duke of York, and grandfather to Richard III and his siblings.

Isabella and Edmund were said to be an ill-matched pair…but there were no suggestions at the time that their marriage was considered incestuous because two brothers had married two sisters.

Indeed, such unions did not seem all that uncommon or frowned upon at all….

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