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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.


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

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 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.





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).



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 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


[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, 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



‘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….


Tales of a Ricardian Traveler – Conisbrough


Lady on Horseback Lady on Horseback, mid-15th c., British Museum

For me, being a “Ricardian traveler” doesn’t necessarily mean that you only visit places where Richard III — as a child, the Duke of Gloucester or the King — lived.  It means exploring towns, castles, battlefields, and churches which have some association to his family or to the Wars of the Roses.  I would call Conisbrough in South Yorkshire a “Ricardian” site because it does have connections to Richard’s ancestors, including a rather infamous one!  And, to my surprise, I discovered that Richard did give its castle some attention during his life, consistent with his reputation as being a Duke who made extensive investments in architecture and his estates’ infrastructure.

Conisbrough Castle

From the 11th to the 14th century, Conisbrough Castle was in the possession of the de Warenne Earls of Surrey.  Construction began in the late 11th century, with the unique great…

View original post 1,307 more words

Richard and “Incest”

In BBC History, Richard III Special Edition, Professor Hicks returns to his theory that Richard III’s marriage to Anne Neville was incestuous because of the prior marriage of his brother, George Clarence, to Isabel Neville.

I have to confess to surprise that a historian of Professor Hicks’ fame and academic stature is still chasing this particular cat down the alley. He must surely be aware from his extensive reading that such marriages were not uncommon in the later middle ages.

For example, Edmund of Langley married Isabel of Castile, despite the undoubted fact that his brother, John of Gaunt, was already married to her sister, Constance of Castile.

In the 1430s, Richard Neville (later to be the ‘Kingmaker’) married Anne Beauchamp. At roughly the same time (possibly on the same day, I don’t remember) his sister Cecily, or Cecille, married Anne’s brother, Henry Beauchamp, Lord Despenser,  later Duke of Warwick.

These are two relatively famous examples. There were plenty of similar cases lower down the social scale.

Were Edmund of Langley and Warwick the Kingmaker incestuous and their children illegitimate? Were their parents really so careless when arranging their marriages? I think we should be told.

See also this Marie Barnfield article. Affinity does not beget affinity. QED.



Richard’s great-grandfather (?) and the origin of the House of York

King's Langley

Yet again the rumour about whether or not Edmund of Langley was the father of Richard of Conisburgh. The following article tells a fascinatingly true story of love, betrayal, treachery, revenge and just about everything else of that nature. How anyone cannot be riveted by 14th-15th century England, I really do not know.


Constanza of Castile

In this excellent blog post Kathryn Warner refreshes our understanding of Constanza, Duchess of Lancaster, with her usual eye for false myth.

However, one particularly interesting fact arising from the post (in that it relates to the House of York) is that Pedro I, King of Castile, (Constanza’s father) was six feet tall with light blond hair!

This will be a shock to those who mistakenly believe that all Spaniards are dark-haired. (They are not and never have been.) It is also an indication that Catherine of Aragon’s light colouring may not have come purely from her Lancastrian ancestors, but also from her Spanish ones.

Moving lightly on, we should recall, of course, that Constanza’s sister, Isabella, or Isabel, married Edmund of Langley, first Duke of York. So the House of York will have inherited these genes as well. (It seems likely that Langley himself was also blond or auburn-haired and he was almost 6ft tall himself.)

It seems strange then that it is often assumed that Edward IV inherited his (supposed) blond colouring and stature from the Nevilles. Especially as I have yet to see evidence that the Nevilles were particularly tall or particularly tall.

(Reblogged from The Yorkist Age.)

Lost in Southampton: Richard of Conisbrough


Richard of Conisbrough was Richard III’s grandfather on the paternal side. He is a shadowy figure, the last son of Edmund of Langley and his wife Isabella of Castile. Even his date of birth is uncertain, varying in different accounts by up to ten years. His father left him no inheritance, and there were rumours that Edmund and his eldest son suspected that Richard was not Langley’s child, but that of John Holland, with whom Isabella of Castile was known to have had an affair. (Some have suggested that this may account for the y-Dna mismatch between Richard and the current Beauforts, and this is a possibility, although it is far more likely it occurred somewhere in the past 16 Beaufort generations.)
At any rate, Richard was known to be the ‘poorest Earl’ due to his lack of income; he was his mother’s heir but monies due to be paid him came only irregularly after Richard II was deposed and Henry IV came to the throne. In 1408, he married Anne Mortimer in secrecy, without parental permission. It appears to have been a love match as Anne came with no particular wealth. With Anne, he had three children, the latter of whom was named Richard— he eventually became Duke of York, and the father of Edward IV and Richard III
When Anne Mortimer died in 1411, Richard of Conisbrough married the heiress Maud Clifford and swiftly had a daughter Alice.
Then in 1415, he fell in with a plot against the reigning Henry V shortly before the King was meant to sail to France for Agincourt. Along with Lord Scrope of Masham and Thomas Grey, he plotted to replace Henry with Edmund Mortimer, Earl of March, Anne’s brother, who also had a strong claim to the throne. However, Edmund himself informed Henry, and the conspirators were arrested in Southampton after they had made several meetings. They seemed to have expected mercy, with a heavy fine…but no mercy was forthcoming from the stern Henry.


St Julien’s, resting place of Richard of Conisbrough

All three men were executed; Grey hanged, drawn and quartered; Scrope decapitated and his head sent to York; and Conisbrough executed by the headsman but allowed to ‘keep his head’ with him after death due to his royal ancestry. He was buried without ceremony in the tiny St Julien’s church, which formed part of the God’s House hospital. Dating from 1185, this chapel still stands in the shadow of a massive towered gateway, although it is in private hands and can only be viewed from the exterior.
So one may think Richard got his just dues for plotting against King Henry. But how serious was this plot? Was there even a plot at all? Professor Anne Curry has doubts as to its veracity as does historian T.B. Pugh. It is just as likely that Henry was simply removing a few disgruntled lords (Conisbrough had some reason to be disgruntled—he had been charged a 10,000 mark marriage fine) and sending a harsh warning to anyone who thought to defy him when he was away on campaign in France. The three plotters were not terribly organised and their supposed plots vague at best, and none of them seemed particularly supportive or loyal to Edmund of Mortimer, which may make it unlikely that they truly wanted him as king—apparently, they called him a hog and a pig!
So whatever the case, Conisbrough lost his life aged somewhere between the ages of 30 or 40, but luckily, because he was not attainted, he was able to pass on his estates to his orphaned son, four year old Richard. Shortly thereafter, Conisbrough’s elder brother died at Agincourt, and in due time young Richard was acclaimed as his heir and inherited his titles and lands.
Conisbrough is rather a forgotten figure, except as dealt with in a Shakespeare play. Despite the possibility he had done very little against Henry V other than grumble a bit with a few other northern lords, no one seems to mourn his execution overmuch…unlike, for instance Anthony Rivers, executed for treason by Richard III in 1483. There is certainly just as much if not more evidence that Rivers was plotting against the Duke of Gloucester on behalf of his Woodville kin; the fact that no one spoke up for him after his arrest speaks volumes. They had weeks to do so. But it seems, alas, Conisbrough did not have Rivers’ charisma…or write poetry.

Anne Curry: Agincourt-A New History
TB Pugh: Henry V and the Southampton Plot of 1415


Part 1-– Necessitas non habet leger – The Lancastrian title 1399


I am not arguing that Henry IV usurped the crown in 1399. That judgment has already been made and hardly challenged since the fifteenth century[1]. Neither will I rehearse the reasons for king Richard II’s downfall in 1399; they are already well enough known. My sole purpose in this essay is to make a few observations about an emerging historical debate concerning the true basis of Henry of Lancaster’s title to the throne.

The issue turns primarily on the meaning of Henry’s declaration to the quasi parliament that assembled on the 30 September 1399. According to contemporary sources, once bishop Asaph had declared the throne vacant, Henry rose from his seat, blessed himself and stepped towards the empty throne, which he claimed by right of inheritance (de jure), by conquest (de facto) and by the will of God. His claim is recorded in the Parliamentary Roll for the October 1399 parliament. This is what is written (modern spellings): “In the name of the Father, the Son and the Holy Ghost, I, Henry of Lancaster challenge this realm of England and the crown with all the members and the appurtenances, as I that am descended by right line of the blood coming of the good lord Henry the third, and through that right that God of his grace has sent me with help of my kin and of my friends to recover it, the which realm was in point to be undone for default of governance and undoing of the good laws. ” These words form part of the ‘Record and Process’, which is a Lancastrian memorandum describing their version of Richard II’s dethronement. It was incorporated into the Parliamentary Roll (PR) as a matter of official record[2]. Any examination of this aspect of PR has to deal with two important preliminary questions. First, how far is the official account to be trusted? Second, was it Henry’s intention to seek parliamentary approval of his title?

Can the official account be trusted?

Professor E F Jacob describes the Lancastrian  account as “…tendentious and in certain material respects erroneous”.[3] And it is certainly contradicted by independent chronicle accounts. One eyewitness to the September gathering quotes Henry as actually claiming the throne, as the “nearest male heir and worthiest blood descendant of the good king Henry the third…”[4] Such a significant difference between the PR and the Chronicles requires explanation. The Record and Process part of the PR was almost certainly drafted by lawyers in the Lancastrian interest. Their intention was to justify Henry’s claim and disguise the profanity of deposing an anointed king and usurping the rights of Richard’s heir. The draftsman undoubtedly took great care over the wording of Henry’s claim and title to the crown, since the issue was a complex one and his title was doubtful. However, the fact that this is probably not what Henry actually said in September is immaterial; the PR represents the official, mature and considered Lancastrian position and even historians cannot go behind it in order it to absolve Henry from having usurped the crown.

We can be reasonably sure that If Henry of Lancaster had possessed an unequivocal title as heir male to Henry III it would have been recorded explicitly in the Roll. The fact that it isn’t suggests that in the interval between the September assembly and Henry’s first parliament wise counsel had prevailed on him to tone the claim down. The legitimacy of Henry’s title was still doubted by some lords, who were perhaps uncomfortable with such a bold and controversial proclamation of his hereditary right. These doubters needed to be pacified. Even Henry’s principal northern supporters, the earls of Northumberland and Westmorland, had misgivings about dethroning Richard and were certainly (at first) thinking of Mortimer as his legitimate heir should the circumstances arises. It was in Henry’s best interest to keep the precise nature of his hereditary title ambiguous. It affected not only his right to the English throne but also the English claim to the French throne.[5] In the lawyers’ opinion there was virtue in obfuscating this claim. And that, according to Chris Given-Wilson,[6] is exactly what the draftsman of the Record and Process achieved.

S B Chrimes thinks that actually it is a very clever combination of claims since it conceals the weakness of his de jure title by paying lip service to it, “…without committing himself to any definition of what constituted a legally complete title.[7] Although the words ‘right line of blood’ imply a distinction between the ‘right’ line and the wrong line, Henry shrewdly, did not define the ‘right line’. The point being that these words could mean almost anything Henry wanted them to mean. The weakness of Henry’s hereditary title can also be gauged by the necessity to claim the crown on the additional grounds of conquest (cleverly disguised as being in defence of hereditary rights) and God’s will. K B McFarlane’s judgement is that Henry lacked a convincing de jure title; however, whilst his accession could never be regular, with some clever jiggery-pokery, “it could be made to look less illegal.”[8]

What was Henry’s intention?

The problem with this question is that the answer relies less on the facts than on the interpretation of his motives and intentions from the circumstances. The notion of a parliamentary solution would suggest a separation of character between the king and parliament, which is contrary to our understanding of their constitutional relationship in the fourteenth century. Besides, the assembly that gathered on the 30 September 1399 was not a parliament. It was a meeting of those who normally constituted a parliament, gathered in Westminster Hall to witness Richard’s abdication.[9]

Stubbs’ Victorian notion that Henry was a constitutional monarch[10] no longer holds sway with many historians. K B McFarlane is particularly critical of Stubbs’ assessment: “ Yet even in the ‘Record and Process’ there is no basis for supposing that Henry desired a parliamentary title in Stubbs’ sense. Henry neither owed his position to Parliament nor wished it to be thought that he did. He claimed the throne by right; acceptance of that claim was the most he expected of parliament.[11] Neither is there much evidence of ‘election’. Notwithstanding their obvious misgivings, the Lords accepted Henry’s accession, without comment. Henry’s personal challenge (‘I challenge this realm of England’) could not be taken up for obvious reasons. There can be no disguising the fact that it was the use of armed force and deception that had got Henry to Westminster in September, ready, willing and able to seize the crown. Notwithstanding that, he was regarded as the best man to restore good governance to the realm and England’s greatness. The English did not want another child king, or a weak old man to reign over them.

Heir male or heir general?

Seen in that light, the theories concerning the literal meaning of Henry’s declaration take on a different aspect. There are basically two theories; the first is that Henry’s words ‘by right line of blood’ were a reference to his matrilineal line from Edmund earl of Lancaster, called ‘Crouchback’.[12] This is, a Historians argument in the sense that it is based on a particular interpretation of his words and the circumstances. Henry’s words are ambiguous and he did try to exploit the Crouchback legend as a lever to gain the throne[13]. I think this theory is implausible for two reasons. First because it does not necessarily follow logically that the absence of a specific claim as ‘heir male’ automatically means the opposite. Second and more importantly, such a claim would be absurd. Nobody has been able to satisfactorily explain why Henry, despite robust legal advice to the contrary, would make a claim that he and everyone else knew was untrue and anyhow was inferior to Mortimer’s.

Second, we have what I would call a ‘lawyer’s case’. It is the antithesis of the Crouchback theory and is also based on a particular interpretation of Henry’s words. As Ian Mortimer’s points out, Henry of Lancaster was descended from Henry III through both his father and his mother, and: “a statement that [he] was heir to Henry III implies nothing more than that he claimed the throne from one (or both) of these two descents.”[14] Although Dr Mortimer’s understanding as there stated is unarguable, it is, nonetheless, testament to the equivocality of Henry’s title as set out in the PR. Furthermore, in my opinion, Dr Mortimer moves too quickly to the conclusion that Henry was referring to his descent as heir male to Henry III. That is equally improbable because it also is untrue. It could only be made true if Henry successfully overturned the history of the English succession, and conceded that the exercise of royal authority was subject to parliamentary approval.[15]

No king of England if not king of France

Dr Mortimer is, in fact making a hypothetical legal case that Henry never actually made at the time, and for good reason. It turns on two points of law. First, that a woman could not inherit the crown or transmit any title to her children. Second, that all the entails made by previous kings were unlawful because parliament was not consulted.[16] However, the facts are against him.  On the first point: two English kings (including, by the way, the progenitor of the Plantagenet dynasty) inherited the crown through the female line.[17] Furthermore, Edward I’s entail of 1290 made it impossible for Henry to either assert or to demand male domination of the crown.[18]  All these decisions demonstrate the fallacy to treating the succession as a matter of law. It is a political process and the settlements and entails of kings have all been made for political reasons.

On the second point, it is inconceivable that Henry would have been prepared to compromise his royal authority by submitting his will on the succession to parliament for approval. Henry was a legitimist not a constitutionalist and putting such power in the hands of parliament was against everything he believed in. Henry’s legal rights (such as they were) cannot be applied in a vacuum that ignores the realpolitik of the times. The notion that Henry wanted a ‘legal’ title is too simplistic. He wasn’t after a legal title per se. If he merely wanted a title that was legal then parliament could easily have given him one by constitutional election. The problem with that solution is that it would change the fundamental relationship between the king and his subjects. It was tantamount to recognising parliament’s power to hire and fire kings, which in the fourteenth century was something only God could do. No medieval king would voluntarily put himself at the mercy of parliament in such a way. It cannot be emphasized too much that Henry claimed the throne by divine hereditary right; all he required parliament to do was to accept that fact. As it happens, that is exactly what they did.[19] The strength of Henry’s declaration was in its precise ambiguity. It said neither too much nor too little; it neither inferred too much nor too little. It brilliantly preserved the fiction of parliamentary approval without in any way fettering royal authority or changing the constitutional relationship between the king and his parliament.

In addition, Henry had to maintain his claim to the French throne. If he  overturned previous English precedents enabling  women to pass on a regal title  to their children, it would undermine the credibility  of the English matrilineal claim to the French throne.  It was an issue that didn’t just affect the king. Most , if not all English nobility owned estates in France.The dual kingdom of England and France was not only the best way for them to protect their  estates, it offered the opportunity to increase them. The thought  that owing to their gender  the king’s heir might  inherit the French throne but not the English one,  did not bear thinking about. Basic common sense suggested an equitable settlement was necessary.

Necessitas non habet leger [20]

If Henry IV’s subjects thought he was the man to restore good government and  to restore England’s greatness, they were to be sadly disappointed. His was indeed a ‘reign of two halves’. In the first half there was rebellion; in the second half came debilitating illness. However in 1406,  necessity proved to be the mother of invention. The continuous rebellions, and the underlying threat from Edmund Mortimer drove him to seek a permanent parliamentary solution. The ‘Act for the Inheritance of the Crown’ [21] was meant secure the Lancastrian succession forever. It recognised, but did not create, Henry’s hereditary title and settled the throne exclusively down the male Lancastrian line. Professor Chrimes is uncertain whether this was making new law or simply confirming old law; but it really doesn’t matter, since the existence of a statutory title took the succession out of God’s hands without necessarily putting into parliaments. Ultimately, it all came to nought for Henry since the ‘Act for the Inheritance of the Crown’ was repealed before the end of the parliament in which it had been passed. It was replaced with a similar act, confirming that the throne could be inherited down male and female lines. Even by modern standards of flexible policy making, this was some U-turn[22]. However, as we shall see the tide of legitimism was running strong. Sixty-one years after Henry’s usurpation a statutory Lancastrian title could not stand in the face of a claim by one with an indefeasible right of inheritance. But that, as they say, is another story…

[1] There were three candidates for the crown in 1399. Edmund Mortimer, earl of March was descended through his mother from Lionel of Antwerp the third son of Edward III; whereas Henry of Lancaster’s father was John of Gaunt duke of Lancaster and fourth son to Edward III. The other candidate was Edmund of Langley duke of York and Edward’s fifth son. Mortimer had the best lineal title. Henry of Lancaster was the mob’s choice and Edmund was too old. Henry’s act of usurpation was not in deposing Richard II, but in  seizing the throne ahead of Mortimer.

[2] Chris Given-Wilson – The Parliamentary Rolls of Medieval England: Chris Given-Wilson (ed) (The Boydell Press 2005) Vol 8, pp. 11-62. The ‘Record and Process’ occupies about one-third of the Roll record for this parliament. [PROME]

[3] E F Jacob –The Fifteenth Century (Oxford 1987 edition) at page 13. See also PROME Vol 8, pp. 11-62. For example, the Lancastrian account that Richard abdicated voluntarily is not supported by all independent contemporary accounts. The alternative version is that the king was taken prisoner and forced to abdicate. See Chris Given-Wilson – Chronicles of the Revolution (Manchester 1993).

[4] Chris Given-Wilson considers it doubtful that the Roll version contained Henry’s actual words. See Chronicles of the Revolution at page 45 citing the ‘ The Manner of King Richard’s Renunciation’ [Corpus Christi College, Cambridge MS 59 ff 230v-231]. The relevant portion of MS 59 can be found in ‘Chronicles’ at document 16 pp.162-167. See also Ian Mortimer – Medieval Intrigues: decoding royal conspiracies (Continuum 2010) p 298. Mortimer cites two other sources (the continuation of the Eulogium [p383] and an English Chronicle [Davies ed, English Chronicle p18]). In general terms these sources also suggest that Henry claimed the throne as ‘heir male’ to Henry III.

[5] The English kings’ title to the French throne was matrilineal. There was an awkward inconsistency in arguing a male hegemony for the English throne whilst claiming title to the French throne through the female line.

[6] PROME Vol 8 at page p3. Given-Wilson describes Henry’s claim as ambiguous and obsfucatory; “an uneasy compound of inexactly defined hereditary right, de facto conquest and alleged inadequacy…”

[7] S B Chrimes – English Constitutional Ideas in the Fifteenth Century (Cambridge 1936), pages 24 and 25.

[8] K B McFarlane – Lancastrian Kings and Lollard Knights (Oxford1998 SE) at p57

[9] Jacob – Fifteenth Century pp.16 and 17; Jacob quotes from ‘B Wilkinson – The deposition of Richard II and the accession of Henry IV (Eng Hist Rev liv p220) and discusses the constitutional relationship between the king and parliament, especially parliaments advisory role in matters of state and law at this time.

[10] W. Stubbs- Constitutional History of England (Oxford 1890). Stubbs placed his faith in the integrity of the Record and Process memorandum when assessing Henry’s title.

[11] See McFarlane – Lancastrian Kings and Lollard Knights pp. 56 and 57.

[12] There was a myth that Edmund earl of Lancaster was the first-born son of Henry III and therefore the heir apparent (He was called Crouchback because he wore the symbolic cross of a crusader on the back of his surcoat. He did not have a crooked back as some suppose). However, due to an (unspecified) infirmity, Edmund was passed over in the order of succession in favour of his brother Edward (later Edward I). The legend was complete nonsense. Edward was born in 1339, his sister Margaret was born in 1340 and Edmund did not arrive until 1345. We know from Adam of Usk’s eyewitness chronicle that Henry tried to exploit the Crouchback myth as a lever to gain the throne [See the Chronicles of the Revolution at pp. 157-161]. The emergence of the Crouchback mythology can be traced at least as far back as 1394 when John of Gaunt petitioned Parliament to have his son Henry Bolingbroke nominated as Richard’s heir, apparently on the grounds of his matrilineal descent from Edmund Crouchback. However, the evidence is inconclusive. We can, however, be sure that in 1399 Henry commissioned an inquiry into the claim that Edmund Crouchback was Henry III’s first-born son (See Chronicles of the revolution at page 196 and Michael Bennett – Richard II and the revolution of 1399 (Sutton 2006) at p61). The Inquiry’s conclusion was unequivocal; the Crouchback story was untrue.

[13] See L J F Ashdown-Hill – The Lancastrian claim to the throne (Ricardian, Vol 13, 2005) at page 27. Dr Ashdown-Hill’s article is intended to show that Henry VII’s claim to be the last Lancastrian heir is untrue (which it is). However, his suggestion that Henry IV claimed the throne from his ancestor Edmund Crouchback is merely an assumption. It is not a fact.

[14] See Ian Mortimer – Fears of Henry IV (Vintage 2008), pp. 183-86; York or Lancaster: who was the rightful heir to the throne in 1460? (Ricardian Bulletin autumn 2008) pp. 20-24, with subsequent correspondence. See also ‘Medieval Intrigues’, chapters 8 and 9, and ‘York or Lancaster’ a rejoinder (Ricardian Bulletin, spring 2009) pp. 44 and 45.

[15] Henry could not agree to this without weakening the whole concept of Royal authority.

[16] See ’Fears’ p 369. Dr Mortimer asserts that that on the 30 September 1399, the assembled Lords Spiritual and Temporal, removed the right of kings to choose their successor by voting for Henry as their king from the three candidates proffered: Mortimer, York and Henry, and because Henry’s title was ratified in 1406, in parliament. His conclusion that “ This then was the basis of the Lancastrian claim in 1399: that only males could inherit the throne and all attempts by previous kings to settle the inheritance without consulting parliament were without any basis in law and thus void.” does no more than beg the question.

[17] The civil war of 1135-1154 arose principally because king Henry I died in 1135, leaving only his daughter Matilda as heir. Henry obviously had no objection in principle to a woman succeeding to the throne and reigning in her own right, since he nominated Matilda as his successor.   In 1127 he forced the Anglo-Norman nobility to swear an oath supporting her succession. However, Matilda was wholly unacceptable to the barons. Their objection seems to have been less  to women in general succeeding to the throne than a specific objection to this woman succeeding. Matilda was unpopular due to her ‘Germanic’ ways and haughty demeanour. The Norman barons also hated her for her anti-Norman activities and her marriage to their archenemy Geoffrey count of Anjou. They feared French influence at the English court. Stephen, whose title came through his mother Adela, was able with the consent of the barons to seize the throne ‘in the twinkling of an eye’. There is a remarkable similarity between the Treaty of Winchester in 1153, and the Act of Accord agreed in 1460 between the Yorkists and the Lancastrians. In 1153, the Norman king Stephen remained de facto king during his lifetime, whilst the Frenchman Henry of Anjou (Henry II) was his de jure heir, having inherited Matilda’s title to the English throne. In 1460, Henry VI remained de facto king during his lifetime, whilst York was recognized as his de jure heir. On both occasions the de facto king’s own heir was bypassed in the succession, and on both occasions the de jure heir’s title was matrilineal. The treaty of 1153 bought peace; the Act of Accord of 1460 bought civil war.

[18] Ian Mortimer – Medieval Intrigues at p286. Edward planned to marry his daughters Joan, Margaret and Eleanor to foreign royalty in 1290. Making them all eligible to inherit and rule in their own right, and to pass on the throne to their children, was a powerful inducement for their foreign royal suitors  to make the match. In the end, it didn’t matter; Edward of Caernarvon succeeded his father as Edward II. Whilst he was demonstrably imperfect, Edward II still managed to sire the perfect king — Edward III.

[19] Henry was able to get away with such a obviously dubious claim because it was not the issue uppermost in the lords’ minds. They were much too concerned about the legality of deposing a crowned and anointed monarch and the consequences of doing that to pay much attention to the legitimacy of Henry’s title.

[20] Necessitas non habet leger. It means ‘necessity has no law’ and Henry wrote those words on a signet letter in 1403. It is a saying that encapsulates his ruthless ambition to legitimize the Lancastrian dynasty. His desire for a hereditary title was all consuming.

[21] See Statutes 7, Henry IV, c 2; and PROME, Vol 8 pp. 341-348 and 354-357, articles 38 and 60.

[22] PROME Vol 8 p324. Given-Wilson suggests that the change was probably made because at the time Henry IV was negotiating with the French for the Prince of Wales to marry one of Charles VI’s daughters. The French clearly did not like the idea that any daughter borne to the union would be barred from the English succession.

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