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The Trial That Should Have Happened in 1483

RICARDIAN LOONS

Putting aside the mystery of what ultimately happened to Edward IV’s two sons, one enduring difficulty for a student of history is whether Richard III used the proper legal procedure in having them declared illegitimate because of their father’s precontracted marriage to Eleanor Talbot.  The most (and only) significant defect appears to be the failure to refer the issue to a church court for determination.[1]  But it seems no one has fleshed out how an ecclesiastical tribunal would have litigated such an extraordinary and unprecedented matter, let alone identified which church court would have had authority to hear it.

As a retired litigator of 20 years, I undertook the challenge of researching medieval English church court procedures and precedent cases to answer four questions: Which church court would have decided the precontract issue? How would it have conducted the litigation? What evidence would it have heard? How conclusive would…

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1484 – TITULUS REGIUS: FACT OR FICTION?

 

Introduction

‘This is indeed a mystery’ I remarked.’ What do you think it means?’‘I have no data yet. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suite theories, instead of theories to suite facts.’

 

In Arthur Conan Doyle’s short story A Scandal in Bohemia,[1] Holmes and Watson are puzzled by an anonymous and undated note, which they have received. It was the only case in which Holmes was worsted by a cleverer adversary: the beautiful Irené Adler. Holmes seldom referred to her as anything other than the Woman because in his opinion ‘she eclipses and predominates the whole of her sex’. Since this story first appeared in 1888, Holmes’ dictum has become the cornerstone of forensic investigation methodology. Criminologists, detectives, judges, lawyers, doctors, scientists, and many other professionals rely on factual data to support their judgement or opinion.

 

Facts are important to historians also; they are the building blocks of history and historians must not get them wrong; as AE Houseman famously remarked, ‘accuracy is a duty not a virtue’. The difficulty for English medieval historians is that the facts they rely on are often found in old manuscripts, which are hand written in ancient Latin or French by men who were not witnesses to the events they record, and whose narrative may reflect their particular political or geographic point of view. These difficulties increase where contemporary records are incomplete or not available. The historiography of King Richard III suffers from most if not all of these problems. Almost all the accounts we have of his life and reign were written by a small number of people in southern England after his death. We know quite a bit about how the people in London and the south viewed his reign and character, but little of what the rest of the country thought. Our opinion of Richard has been pre-determined for us by people who, for whatever reason, took a particular a view and preserved those ‘facts’ that supported their view. The generally poor opinion of King Richard III stems from this incomplete material: the Tudor narrative. Horace Walpole, writing during the age of reason was not impressed; he declared that while Richard might well be as execrable as they say he was, there is no reason to believe so on the available evidence.[2]

 

Charles Ross in his biography of King Richard identified the ‘extraordinary problems of the evidence’ as the key issue for those seeking answers to the vital questions of when and why Richard claimed the throne.[3] They have to deal with the paradox of his good reputation prior to April 1483 and the crimes he is supposed to have committed thereafter. Ross’ modern solution to this problem was to ignore the Tudor narrative in favour of inferring Richard’s ‘character and motives from a close scrutiny of the events themselves without preconceptions’; it has, he says, resulted in a more critical appraisal of the Tudor narrative and a better understanding of its value. Such objectivity is to be applauded; though, it does come at a cost. Ross also considers that because historians now have a better understanding of the Tudor tradition and of fifteenth century English politics, they are unwilling to throw the ‘whole bodily out of the window, especially when it can be confirmed by contemporary evidence.[4] What worries me about that proposition is that it presupposes that the contemporary sources and the Tudor writers are independent of each other: they are not. Of the major chronicles for this period, only Mancini’s narrative was written in King Richard’s lifetime. The other major source is the Second Continuation of Crowland, written about eight months after Bosworth. The English vernacular chronicles were not written until a decade or more afterwards and are so confused and contradictory that they have little or no probative value. Furthermore, the source of these accounts and also of some contemporary foreign chronicles was a member of a cabal of Tudor malcontents who wanted to seize Richard’s throne. It is illogical to think that two separate accounts emanating from the same witness can corroborate each other. The essence of corroboration is that two different witnesses give the same evidence independently.

 

Though modern authors may claim to be objective, the reality is that it is almost impossible to avoid taking sides. The contradiction in Richard’s reputation is such as raise ‘unhelpful issues of guilt and innocence’ within a hostile, adversarial situation in which every scrap of information is heavily scrutinized in case it sheds light on the mysteries of Richard’s protectorship and reign.[5] Consequently much of Ricardian historiography evinces a preconception of his guilt or innocence that biases judgment. In his defence, Richard’s apologists tend to excuse even his most doubtful actions; whereas his critics’ interpret everything he does negatively and in terms of his perceived vices: violence, greed, deceit, ruthless ambition and murderous intent. His good acts are regarded as self-serving; if he is kind it is because he wants something, if he is generous he is ‘buying’ support, if his justice is firm he is a ruthless tyrant and if his sleep is disturbed by grief for his dead son and wife it is because he has a bad conscience. This preconception stems, I believe, from historical hindsight; the outcome of events in the summer and autumn of 1483 is now a matter of historical record and some historians assume that because they resulted in Richard’s accession, he always intended that outcome. That conclusion is, of course, a non sequitur and, perhaps, an example of the ‘insensible twisting of facts to suit theories’ that Holmes’ deprecates. It is also an illustration what happens when historians’ copy from each rather than analysing the prime source material de novo and critically.

 

I see this tendency in two post 2012 biographies by David Horspool and Chris Skidmore respectively.[6] They are well written and researched, and make good of use local records, contemporary private documents and correspondence, and obscure manuscripts, identified only by their National Archives reference number, to highlight the minutiae of Richard’s life and reign. Unfortunately, on the ‘key questions of when and why Richard aimed for the throne, neither book tells us anything we didn’t already know or mounts an argument we haven’t heard before, or even contains an original thought. That is not a personal attack on the authors since I believe they genuinely aspired to do more; it is, however, a disappointment. David Horspool sought neutrality; he said he wanted to write an account of Richard’s life ‘without keeping a foot in either the anti or pro Ricardian camps’. Similarly, Chris Skidmore wanted to bring balance and ‘more accurate’ scholarship to his assessment of Richard. What I find particularly upsetting is the possibility that these authors, however sincere they are, may actually believe that the habitual, one might almost say ritualistic, recycling of the conventional Tudor narrative could pass for balanced and accurate scholarship. That said, I do think there is some force in the proposition explored by both writers (and others) that the pre-contract — whether true of false — was a device for deposing Edward V to pave the way for Richard’s accession. What I do not accept, however, is that he was motivated by personal ambition or that it was pre-planned. That explanation of his behaviour is superficial and smacks of lazy history. It gives too little weight to the wider impact of complex factional divisions in 1483, or the fear of civil war that was undoubtedly on the minds of Richard and the members of parliament. It also pays too little heed to the constitutional view that parliament as the national assembly had unfettered authority to pass legislation affirming the royal title and obviating the need for litigation, which was in any case impracticable.

 

Consequently, this seems an appropriate subject for me to write about; especially since it is five hundred and thirty-four years ago this month that parliament passed Titulus Regius onto the statute book. It is also an opportunity for me to revisit my previous articles on this subject and to renovate them with new research and fresh thinking. I make no apology for that. However, in view of the complex arguments raised by both sides in this controversy, I think it best to first summarise the relevant facts insofar as we know them.

 

The summer of discontent

The untimely death of Edward IV in the spring of 1483 exposed the deep division and animosity between the queen’s kindred, the old Yorkist nobility and dissident Lancastrians, which hitherto had been checked by the force of Edward’s personality and his political acumen. The king was barely laid in his coffin before Queen Elizabeth, her sons Thomas Marquis of Dorset and Sir Richard Grey, and her brother Anthony Earl Rivers attempted to seize the reins of power by crowning the boy King Edward V before suitable arrangements could be made for his minority rule. They were particularly keen to marginalise Richard Duke of Gloucester, Edward’s paternal uncle and the senior royal duke, and the man whom the late king had nominated as Lord Protector and Defender of the Realm. Gloucester was on the Scottish border when he heard of his brother’s death. After a respectful but brief period of mourning, he came south to a pre-arranged rendezvous with the king, who was also travelling to his capital accompanied by his maternal uncle Rivers, his half-brother Sir Richard Grey and two thousand Woodville soldiers.

 

The story of Gloucester’s bloodless coup at Stony Stratford on the 30 April and 1 May 1483 is too well known to need repeating. The upshot was that Rivers and Grey were arrested with their servants, for plotting to kill the dukes of Gloucester and Buckingham (who had rendezvoused with Gloucester at Northampton). The Woodville soldiers were dispersed peacefully and the king continued to London in the company of his uncle Gloucester and his cousin Buckingham. The Queen panicked on hearing of the arrests and fled into the comfortable sanctuary of Westminster Abbey, taking her youngest son and heir presumptive, and her daughters with her. On the 10 May 1483, the King’s Council unanimously appointed Richard duke of Gloucester as Lord Protector and Defender of the Realm pending the king’s coronation, which was fixed for the 22 June.

 

We do not know much about events during May and early June. The impression we have is that as late as the 5 June 1483 preparations for the coronation were proceeding normally. On that day Gloucester arranged for those who were to be knighted by King Edward, to come to London at least four days before the coronation. On the same say he wrote to the citizens of York apologising for the fact he that was too busy with the coronation preparations to deal with their recent request for financial relief. I mention these matters because of their ordinariness, which is in stark contrast to Gloucester’s second letter to the York citizens five days later. In that letter, he requested troops to help against the queen and her blood adherents who were planning to murder him and Buckingham. The inference that he was suddenly alarmed by a murderous conspiracy is doubtful, as he had known about that risk since Stony Stratford or earlier. If he was responding to that threat, he had left it too late. The troops from York could not reach London much before the end of June. I believe that something else happened between the 5 and 10 June 1483 to alarm Gloucester.

 

The ‘wicked bishop’

Philippé De Commynes a Flemish knight in the service of Louis XI provides a possible explanation for his change of attitude.

           

 ‘The Bishop of Bath and Wells (Robert Stillington) revealed to the duke of Gloucester that            King Edward, being enamoured of a certain English lady promised to marry her provided he could sleep with her first and she consented. The bishop said that he had married them             and only he and they were present. He was a courtier so did not disclose this fact and           helped to keep the lady quiet, and things remained like this for a while. Later King Edward       fell in love again and married the daughter of an English knight, Lord Rivers.’ [7]

 

If true, it made Edward’s subsequent marriage to Elizabeth Grey bigamous and their offspring illegitimate, and unable to succeed to the throne.[8]   I believe it was Stillington’s news that so shocked Gloucester. Sir Clement Markham suggests that Stillington told him and the council about the pre-contract on Sunday the 8 June 1483.[9] All we know about this meeting is what we can glean from a letter written by Simon Stallworth to Sir William Stonor dated the 9 June, in which he writes:

           

 ‘…My Lord Protector, my Lord of Buckingham and all other Lords, as well temporal as      spiritual [sic] were at Westminster in the council chamber from 10 until 2 but there was          none that spoke to the queen. There is great business against the coronation, which shall         be this day fortnight as we say…’[10]

 

The meeting lasted for four hours and was evidently not routine. The fact that nobody spoke to the queen suggests that negotiations with her had broken down and that something significant was afoot. Stallworth’s phrase”…great business against the coronation…” is ambiguous: perhaps deliberately so. Most historians think he meant ‘in preparation for or in anticipation of the coronation’ but such an interpretation is not supported by Stallworth’s use of the phrase ‘great business’, which hardly suggests routine administrative affairs. Moreover, the word ‘against’ has eighteen different meanings in the Oxford English Dictionary, five of which use it in the sense of ‘resistance to or opposition to…’ It is possible that Stallworth is referring obliquely to a discussion about Stillington’s revelation, including the propriety of proceeding with the coronation. This possibility is not entirely speculative, since within a week of the letter the coronation was postponed and soon after it was cancelled.

If we take as a working hypothesis that Gloucester was convinced it was true by the 10 June, it puts a different complexion on his second letter to York. It raises the possibility that far from, responding to a threat to his person, Gloucester was preparing for what may happen once Stillington’s allegation was made public. I doubt not that the fear of civil war weighed heavily on his mind; nor do I doubt that he was also conscious of the personal consequences for him and the opportunities it presented. The letter to York provides a convenient cover story, important enough for them to treat it urgently but that gives nothing new away if it falls into the wrong hands. Things came to a head on the morning of Friday 13 June 1483 at the Tower. There, Gloucester met Lord Hastings, Lord Stanley, the Archbishop of York (Rotherham), the Bishop if Ely (Morton) and others, whom he believed were conspiring against him. By lunchtime on the 13th the whole nature of the protectorship had changed irrevocably. Hastings was summarily executed on a convenient log. The Archbishop of York, the Bishop Ely and sundry others were arrested, and there was panic on the streets of London. Three days later Thomas Bourchier, Archbishop of Canterbury persuaded the Queen to allow the duke of York to leave sanctuary to attend his brother’s coronation. By lunchtime Gloucester had the king and the heir presumptive in his care and control. By teatime, in council, Edward’s coronation was postponed from June to November. Despite the turmoil, which these events inspired, Londoners in general blamed Woodville inspired conspirators for the unrest.[11] It was about this time that Gloucester made the decisive decision to issue warrants for the execution of the king’s uncle Rivers, his brother Sir Richard Grey and others. It is confirmation of Gloucester’s intention to claim the throne; he would not otherwise have ordered the execution of the king’s blood relatives.

 

Bastard slips shall not take root

Bastard slips shall not take root: that was the uncompromising theme of Dr Ralph Shaa’s sermon on the 22 June 1483 at St Paul’s Cross. Taking his text from the Old Testament[12], Dr Shaa preached to the dukes’ of Gloucester and Buckingham, and a ‘huge audience of lords spiritual and temporal[13] on the illegitimacy of King Edward IV’s children. Exactly what he said, however, is a source of great controversy. The crux of the problem is the paucity of reliable accounts of what was said between 22 and 26 June 1483. The extant chronicles are, to use Paul Kendall’s colourful phrase, a ‘mosaic of conflicting detail’ about Gloucester’s title to the throne.[14] This confusion is in sharp contrast to the certainty of the Parliamentary Roll, which set out the chain of events and royal title with admirable clarity. Nevertheless, many historians are convinced that the allegations against the King’s legitimacy were invented by Gloucester to justify his usurpation. The best way to get to the bottom of that conundrum is to follow the chronologically of events.

 

Dr Shaa’s sermon was not a spontaneous outpouring of public indignation at the illegitimacy of Edwards’s offspring. It was pre-arranged by Gloucester or by others on his behalf to bring to public notice the illegitimacy of the dead king’s children and to put forward his royal title. Though, he was keen to distance himself from the question of deposition, Gloucester’s presence at the sermon is another indication of his intention to replace his nephew as king. Mancini describes how it was said that ‘the progeny of King Edward should be instantly eradicated, for neither had he been legitimate king, nor could his issue be so. Edward was, they said, conceived in adultery.’ This narrative is the only surviving account of the meeting written during Gloucester’s lifetime. [15] However, we must treat it with caution since it is hearsay and not eyewitness testimony; it may or may not be correct.   It is noteworthy that Mancini does not mention the pre-contract at this point in his narrative, though he does later on. Similarly, the reliability of the vernacular chronicles is questionable given that they were written a decade or more after Gloucester’s death and after King Henry VII’s deliberate attempt to expunge all knowledge and memory of Titulus Regius and the invalidity of Edward IV’s marriage. The Great Chronicle follows Mancini in alleging that Shaa preached the illegitimacy of king Edward; whereas, Fabyan says that Shaa also declared the bastardy of Edward’s children. It is this confusion over what was or was not said by Dr Shaa that lies at the heart of the controversy. The importance of Shaa’s sermon, however, lay in the fact that it set in motion a train of events that were to put Gloucester on the throne with astonishing speed, even by modern standards. Within three days of this sermon, he was offered the crown. The next day he was king of England.

 

With the exception of Mancini, the sources refer to a meeting that took place on Tuesday the 24 June at the Guildhall, with the Duke of Buckingham in the chair. Present were the Mayor of London, his brethren ‘and a good many’ London citizens. Buckingham is supposed to have spoken wonderfully well for “a good half hour” on behalf of the duke of Gloucester, extorting the audience to admit the Lord Protector as their liege lord. Fabyan writes that Buckingham was so eloquent that he never even stopped to spit. The audience ‘to satisfy his mind more in fear than for love, had cried in small number yea! Yea!’.[16] Mancini records a speech made by Buckingham to the lords on the 24 June. This may be the same meeting referred to above, though this is not absolutely clear. According to Mancini, Buckingham argued at this meeting that ‘it would be unjust to crown this lad, who was illegitimate, because his father King Edward [IV] on marrying Elizabeth, was legally contracted to another wife to whom the [earl] of Warwick had joined him. Indeed on Edward’s authority the [earl] of Warwick had espoused the lady by proxy — as it is called — on the continent.’ [17] This is an undoubted reference to a pre-contract, although Mancini has managed to get the details of Edward’s amour wrong. Our other primary source, the Second Continuation of the Crowland Chronicle, simply records Richard’s title precisely as it is put in Titulus Regius.

 

The following day, that is the 25 June 1483, the three estates of the realm (the lords spiritual, the lords temporal and the commons of England) met at Westminster. Gloucester’s decision to stop the writs of supersedeas cancelling Edward V’s planned parliament was probably deliberate. He doubtless saw the value of having the members of parliament in London to consider his claim to the throne. Although this was not a properly constituted parliament, pretty much all its members were present. Neither was this a tame Ricardian quorum; the lords spiritual, temporal and the commons who attended were those who would have constituted Edward V’s first parliament.   On any view this was a gathering of national authority.[18] Gloucester’s claim was put forward precisely; some parts were good, others not so good. The evil done to the realm by the Woodvilles, the falseness of Edward’s marriage to Elizabeth Grey were put forward and discussed by the three estates. The meeting approved a petition to Gloucester that he should assume the seat royal. On the 26 June 1483 at Baynard’s Castle the petition was presented to the duke who was pleased to accept it. He dated his reign from that day.

 

‘Doubts, questions and ambiguities’

King Richard III was crowned on the 6 July 1483. If he hoped it would unite the various noble factions behind a Yorkist king his hope was dashed. The power struggle that bought him to the throne was not decided; it had merely changed its nature. What we now call ‘Buckingham’s rebellion’ of October and November 1483 was not a national uprising against King Richard. It was a deliberate and carefully prepared dynastic challenge to his crown by the supporters of Henry Tudor assisted by the Woodvilles and disaffected Yorkists. Although, Richard crushed the rebellion and executed Buckingham, neither its cause nor the rebels were exterminated. Henry Tudor continued to make mischief from the sanctuary of France.

 

King Richard faced another and more urgent problem: Edward V’s deposition and his accession happened so quickly that many of his subjects were bemused by what had occurred. Quite apart from the effect of a rumour that two princes’ were dead, people had qualms about the status of the June petition and Richard’s election to the crown at a non-parliamentary meeting. The author of Titulus Regius recognised this problem and attempted to deal with it in the preface. He acknowledged that because the three estates were not on the 25 June assembled in proper form of parliament, ‘various doubts, questions and ambiguities are said to have been prompted and engendered in the minds of various people’. The preface continues, ‘…in order the truth may be known and perpetually kept in mind’ it is necessary for the petition to be incorporated in an act of settlement validating Richard’s royal title with the authority of parliament and removing ‘…the occasion for all doubts and uncertainties and all other legal consequences that might thereof ensue.’ [19] This is an important point, to which I shall return.

 

It is necessary to preface my following analysis with some general observations. First, when considering Titulus Regius from a historical point of view, it must always be borne in mind that it is, a legal document in which the draftsman (almost certainly a canon lawyer: possibly Robert Stillington Bishop of Bath and Wells) has been careful to cover all the key elements of the case. Charles Ross was wrong to dismiss it as ‘pure propaganda’; though, it is by its nature a partisan document intended to assert Richard’s royal title. Moreover, the attack on the validity of Edward IV’s marriage and the legitimacy of his children was a deliberate attempt to re-define a political problem as a legal one and therefore not entirely convincing in establishing its proponents good faith. Although there was neither a law of succession in medieval England nor hardly any strict rules governing the process, it was — with some notable exceptions — customary for the throne to pass from the king to his eldest surviving son. Prince Edward was the dead king’s eldest son and everyone naturally expected him to succeed to the throne; to deprive him of this inheritance on a point of law was incomprehensible to some people and seemed unjustified to others. In particular, parliament’s bastardization of Edward V without recourse to the judgement of a church court has attracted much historical criticism. It is important to understand in that context that Titular Regius is also an important constitutional document in which the author has been equally careful to define parliaments authority to validate King Richard’s title in legislation without recourse to litigation. It is important to distinguish between these legal and constitutional points.

 

Second, it is essential not to over simplify the circumstances leading to Titulus Regius in 1484. The common tendency to interpret them solely in the context of King Richard’s personal ambition ignores the wider influence and dynamics of factional interests. None of the legal impediments to Edward V’s accession were insuperable. His bastardy could have been ignored. Parliament could, had it so wished, have passed an Act of Succession for Edward V validating his title forever. After all, Edward IV and Elizabeth had lived openly as man and wife for many years and their son Edward Prince of Wales was acknowledged on oath by the entire English nobility as the heir apparent. Parliament could just as easily have revoked Clarence’s attainder to allow his son Edward Earl of Warwick to succeed to the throne ahead of Richard. And yet they did nothing to stop Titulus Regius: why? That is the key question in this debate

 

Third, too much emphasis is placed on the pre-contract allegation at the expense of considering Titulus Regius as a whole. The marriage of Edward and Elizabeth’s was attacked on four separate grounds, only one of which needed to be proved for the marriage to be invalidated. In this regard, the charge of witchcraft is significant. It was not a supplementary charge, and the assertion that it was notorious posed a serious problem (which I will come to) for those attempting to defend the marriage on legal grounds.

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Titulus Regius

The main body of Titulus Regius is taken verbatim from the petition and is organised in three parts. The first part is an attack on Edward IV’s reign. Much has been made of this but it is a convention common to this type of document. The second part sets out the grounds for the disqualification of Edward’s children’ from the royal succession. The third part is a recapitulation of Richard’s title as the rightful king of England according to God’s law, natural law and the ancient customs of the realm by right of succession and election. It is, essentially, an attack on Edward IV’s marriage to Elizabeth Grey on four grounds.

’The ‘feigned marriage between Edward and Elizabeth Grey was ‘presumptuously made without the knowledge or the assent of the lords of the land.’

           

And also by sorcery and witchcraft committed by the said Elizabeth and her mother Jaquetta duchess of Bedford as is the common opinion of the people and the public voice   and fame throughout the land, and as can be adequately proved hereafter at a convenient time and place if thought necessary.

 

The said feigned marriage was made privately and secretly without publishing of bands, in a private chamber and a profane place and not openly in the face of the church according to the law of God’s church but contrary to it and the law and custom of the Church of England.

 

And also how, when he contracted the feigned marriage and previously for a long time after the said King Edward was and stood married and troth plighted to one dame Eleanor Butler, daughter of the earl of Shrewsbury with whom the said King Edward had made a contract of matrimony long before he made the feigned marriage with the said Elizabeth Grey.’

The document concludes that if all this is true ‘as in very truth it is’, then Edward and Elizabeth had lived together in adultery and that their children were bastards ‘unable to inherit and claim anything by inheritance by the law and custom of England.‘ Clarence’s son was also barred from the succession, as his father was a convicted traitor.[20]

 

It is necessary first to first dispose of a claim that the Titulus Regius did not reflect Gloucester’s royal title put forward in June. Charles Wood raised this issue over half a century ago.[21] His sole point was that the text of the petition as set down in the Parliamentary Roll does not agree with the various chronicle versions of the royal title claimed in June. He overlooks the fact that the chronicles also differ from each other and deduces that the original petition was altered later, possibly more than once. He further deduces that Mancini’s account is the correct one and dismisses the second Continuation of Crowland’s version because it is based on Richard’s Act of Settlement rather than actual events. He therefore argues that it cannot be relied upon as corroboration of the Parliamentary Roll. His conclusion is that Richard was clearly ‘making it up as he went along’ to justify his usurpation, by, for example, introducing Eleanor Butler who was conveniently dead. Others have since followed Wood’s line of argument uncritically.

 

The answer to this point is straightforward and contained in one of Richard’s signet letters. On the 28 June 1483 (that is two days after his accession), he wrote to the Captain of Calais and the townspeople in response to their concerns about the events in England and their effect on the garrison’s oaths of allegiance to the king etc. In his reply, Richard mentioned his accession and his royal title. After referring to the June petition, the letter goes on ‘…the copie of the whiche bille [petition] the king wille (i.e. desired/instructed/ordered) to be sent unto Calais and there to be redd and understanded togeder with these presentes’ Wood is not alone in construing this to mean that the petition will follow after the letter. He has, however, misread the letter, since it says no such thing. From their ordinary, everyday meaning, Richard’s words indicate that the petition was enclosed with the letter.[22]

 

David Horspool follows Wood’s line; he alludes to the difficulty of understanding the precise nature of Richard’s claim to the throne, ‘let alone what Richard actually believed’. [23] His argument on this point is best put in his own words: ‘The argument that the text of the petition was enclosed with the letter to Calais does not seem convincing as the letter clearly states that the petition “will be sent unto Calais and ther (sic) to be redd & understanded, togeder with these presentes’.’ I.e. it is not an enclosure but will come on later…’ Unfortunately, any misunderstanding’ is entirely David Horspool’s and of his own making. It results from a mistake, which were it not so serious might be dismissed as a schoolboy howler. Horspool has misread and misquoted, and thus completely changed the meaning of Richard’s letter by omitting the word ‘to’ after the word ‘wille’ in his extract quoted above. The fact that this misquotation supports his theory about the vagueness of Richard’s royal title may be the coincidental outcome of a careless mistake. It may equally be that his preconceived theory of Richard’s character has ‘insensibly’ led him to twist the facts to fit his theory.

 

Personally, I cannot think of a sensible reason why King Richard would refer in the letter to a petition setting out his title, which said petition was to be read in conjunction with the letter (‘these presents’), and not send the petition. It defies the facts and common sense. I must also question the rationale of Woods reasoning. The idea that the details of Richard’s royal title were changed after the June meeting is not a valid inference to draw from the differences between the various chronicle versions and the Parliamentary Roll text. There are many other reasons why they may differ, not the least of which is that the chroniclers misunderstood what was said. Neither does it follow logically that because Crowland quotes directly from the act of succession he is not reporting what actually happened. I must now turn to the substantive legal arguments for and against Titular Regius; in doing so, I will use headings adapted from the main body of Titular Regius.[24]

 

The ‘feigned’ marriage was made without the knowledge or assent of parliament.

Edward’s failure to get parliamentary approval did not invalidate his marriage to Elizabeth Grey; it was, however, a monumental political mistake since it alienated his most powerful subject, Richard Earl of Warwick (the Kingmaker), and his most ambitious subject and heir presumptive, George Duke of Clarence. Royal marriages were matters of national policy, about which the whole realm had an opinion. A good match with foreign princess bought with it the benefits of alliances, power, prestige and (not to be sniffed at) trade. A king might love where he could; but he married for reasons of state. Edward’s clandestine marriage to Elizabeth Grey was by definition outwith the consent of his subjects. It might not be invalid but it was divisive.

 

The said ‘feigned’ marriage was achieved by sorcery and witchcraft

Everybody knows that the existence of sorcery and witchcraft was taken more seriously in the fifteenth century than it is today: much more seriously in fact. Fifteenth century English society believed implicitly in God and the Devil; in, the goodness of the Holy Spirit and the badness of evil spirits. The ancient arts of magic were widely acknowledged and took many forms. There were some whose activities were innocent, such as those who used herbal lore for healing the sick, or studied astronomy or astrology; however, there were others who practiced black magic. Significantly, cases of Devil worship, while common on the continent, are unusual in accounts of English witchcraft. On the continent, sorcery and witchcraft were held to be heresy, punishable by the most excruciatingly painful death; whereas in England, it was considered to be a felony and therefore not automatically a capital offence.

 

If you were high born, however, an allegation of sorcery and witchcraft could have devastating consequences. For example, in 1419, Henry V’s stepmother the Queen Dowager Joan of Navarre was convicted of witchcraft and imprisoned. In 1441, Eleanor Cobham Duchess of Gloucester was convicted of witchcraft and treason; she was imprisoned for life and forcibly divorced from Duke Humphrey. The draftsman of Titulus Regius knew this when he accused Elizabeth Grey and her mother Jaquetta of bewitching Edward IV into a clandestine marriage. It is not, as some historians seem to think, merely an add-on in the case against Edward’s marriage. The use of witchcraft could invalidate a marriage on its own, either because it caused impotence or the bewitched person could not give an informed consent to the marriage. I doubt that impotence was a problem for Edward IV, so this issue turns on consent, which in the canons falls under the heading of ‘force and fear’. ‘The decretal Cum locum begins “since consent does not take place where there is fear or coercion, it is necessary for all coercion to be eliminated when someone’s assent is required. Now marriage is contracted by consent alone, and, when it is sought the person whose intentions are in question should enjoy full security, lest he say out of fear that he is pleased with something he hates, with the result that usually follows from unwilling nuptials.” ‘ [25]

 

The trial in 1441 of Eleanor Cobham Duchess of Gloucester on charges of sorcery, witchcraft and treason was a precedent and a model for the accusation against Elizabeth and her mother. It is possible that some of the charges against Eleanor Cobham were fabricated in order to discredit her husband Humphrey Duke of Gloucester; but they were not entirely fanciful, since she had in her service priests of doubtful repute and she was politically ambitious. It was ambition that bought her down and destroyed her husband’s influence at court. In 1440, Humphrey was heir presumptive; if the king should die childless before him, Humphrey would succeed the throne. He was, in the general opinion, a man of power at court and influence over the king, much to the chagrin of his political opponents. Unfortunately, rather than wait for nature to take its course Duchess Eleanor tried to peer into the future to see when Henry would die ‘so that she would be queen.’[26] It was a foolish mistake since it played into the hands of her husband’s enemies, who were bent on destroying him. Eleanor Cobham was, herself, hated and mistrusted for her vaulting ambition, her self-importance and her voracity. In June 1441, her associates Roger Bolingbroke, Thomas Southwell, John Home and Marjery Jurdane (or Jourdemain, also known as the witch of Eye [-in-Westminster]) were arrested and charged with conspiring to bring about the king’s death: Bolingbroke through necromancy, Southwell by celebrating Mass unlawfully with strange heretical accoutrements and Home for taking part with both. Jurdane confessed that she had been long employed by the duchess as a sorceress to concoct potions and medicines to ‘make Duke Humphrey love and marry her.’ Thus incriminated, Eleanor was questioned by an ecclesiastical court on the accusations of sorcery and witchcraft, and by the King’s Council in connection with an alleged conspiracy to murder the king. At first, she strenuously denied all the allegations, but following the admissions by Bolingbroke and Jurdane, she confessed to five of the twenty-eight charges on the indictment, including the fact that she used witchcraft to make duke Humphrey marry her. After further enquiries, Bolingbroke, Southwell, Home and Jurdane were indicted on counts of treason, felony and sorcery in that ‘on various occasions after April 1440…they had used magic figures, vestments and instruments, and invoked evil spirits to anticipate when the [king] would die.’[27] It was also alleged that Eleanor Cobham as wife to the heir presumptive wanted to be queen and wanted to know when it would happen. The outcome was, of course, inevitable. Bolingbroke suffered the full horror of a traitor’s death; Jurdane, of a witch’s death. Southwell died in custody before he could be brought to the scaffold (suicide?). Home was pardoned.

 

For her spiritual offences, Eleanor Cobham was condemned by an ecclesiastical court of bishops to do public penance and divorced from her husband. She was never tried on the charge of treason. Instead, the King’s Council made administrative arrangements for her to be imprisoned for the remainder of her life. Duke Humphrey was by this time powerless to protect her. Nonetheless, her imprisonment without trial raised certain ‘doubts and ambiguities’ in the minds of some, about whether her case had been resolved by due process of law. It was clear that English peers were entitled to be tried by the judges and peers of the realm; however, there was no provision for the trial of a peeress. Consequently, in 1442 a petition was presented in parliament ‘that all doubt and ambiguity about the trial and judgement of (Eleanor Cobham’s) conviction for treason and felony be removed’. The trial for peeresses was put on the statutory basis that the ‘judges and peers of the realm’ must try them. Eleanor Cobham died still a prisoner in 1457.[28]

 

The allegation that Elizabeth and her mother had bewitched Edward into marriage is not the only allegation of witchcraft made against members of the Yorkist royal family: nor is it even the first. During Warwick’s rebellion of 1469/70, while the king was a prisoner in Warwick castle, Thomas Wake, one of Warwick’s men, accused Jaquetta of witchcraft. The details of her offence are obscure but it seems that Wake brought to the castle a small lead figure fashioned like a man. The figure was broken in the middle but had been repaired with wire. Wake said that Jaquetta made the figure for use in witchcraft. He also produced John Daunger a witness who said that Jaquetta had two more figures: one for the king, the other for the queen. As there is no accusation that she actually used the figure for supernatural purposes and unless it was held that the mere possession of a lead figures amounted to witchcraft, it is difficult to see on these facts what evidence there was to justify a prosecution. But that is hardly the point, since this accusation was, in all probability, an early attempt to impugn the validity of Edward’s marriage to Elizabeth; and it had Warwick’s bungling footprints all over it. Fortunately, for Jaquetta, the outcome was as predictable as the allegation. Edward recovered control of the kingdom and, unsurprisingly, the case against Jaquetta collapsed. Wake, who had a personal grudge against Jaquetta’s husband, Lord Rivers, was accused of being malicious and Daunger retracted his evidence. In February 1470 the King’s Council (Warwick being present) formally exonerated Edward’s mother-in-law.

 

Accusations of witchcraft continued to hound the royal family. The duke of Clarence’s conviction and execution for treason has its genesis in the earlier trial and convictions of Thomas Burdet, John Stacy and Thomas Blake for imagining the king and his heir’s deaths by necromancy. Burdet was a servant and close personal friend of Clarence. His involvement in a treasonous plot that could only benefit Clarence, threw suspicion on the duke who made things worse by challenging, what seems to have been, a just conviction and by accusing the king of practicing necromancy.[29] In 1483, Gloucester accused Elizabeth Woodville and her supporters of forecasting his death. I think we can disregard the assertion of the later Tudor historians that he also accused Elizabeth of bewitching his body. King Richard has, himself, disproved that possibility from the grave. I do not offer these examples as proof of the allegation in Titulus Regius but as an indication of the notoriety and significance of witchcraft/sorcery within Yorkist royal circles. The draftsman of Titulus Regius obviously appreciated this point since he inserted a clause at this point stating that the invalidity of Edward IV’s marriage to Elizabeth Grey was a matter of public notoriety; thus reversing the burden of proof.[30] In law, if something was so well known as to be notorious ‘neither witness nor accuser is necessary’.[31] Henry Kelly’s assertion that notoriety only applied to the witchcraft charge and not to the pre contract is irrelevant, since Titulus Regius raised a presumption that the marriage was invalid and everybody knew it was; therefore the burden of proving it was valid fell on Edward and Elizabeth’s children or Elizabeth. Furthermore, Edward’s marriage to Eleanor Butler was secret; it could not by definition be notorious.

 

That is an important point since the circumstances of the wedding are inconclusive. The best account comes from the pen of Robert Fabyan and was written thirty years or more after the event he describes.

    ‘In most secret manner, upon the first day of May, King Edward spoused Elizabeth, which        spousals were solemnised early in the morning at a town called Grafton, near Stony Stratford; at which marriage were no persons present but the spouse, the spousess, the Duchess of Bedford her mother, the priest, two gentlewomen and a young man to help the priest sing. After which   spousals ended, he went to bed, and so tarried there three or fours hours, and after departed  and rode again to Stony Stratford, and came as though he had been hunting, and there went to  bed again’

 

It is a plausible story of a secret marriage; the date and the location of the king are corroborated from contemporary records of his known movements. There is nothing substantive in this narrative to support the proposition that Edward was bewitched into a marriage he did not want other than Fabyan’s insinuation about ‘What obloquy ran after this marriage, how the king was enchanted by the Duchess of Bedford and how after he would have refused her‘, which, infuriatingly, he passed over, along with ‘many other things concerning this matter’. This and perhaps the fact that the 30 April was St Walpurgisnacht (otherwise known as the ‘night of the witches’), has encouraged speculation that Edward might have attended a Black Mass at Grafton at which potions, and aphrodisiacs were used to enhance sexual pleasure and to deprive Edward of his senses, so that he could not say no to the marriage.[32] It is not impossible that that is indeed what happened but this material does not prove it. The contrary argument is that Fabyan got the date wrong; the wedding actually took place much later, possibly in August.[33] This argument is based on the premise that Edward is unlikely to have been able to keep his marriage a secret for five months, and that some grants made by the king would seem to be unnecessary if he had just married Elizabeth ‘who could be expected to give him an heir of his own body.‘ It is an explanation for Edward’s delay in revealing the marriage but not necessarily the explanation. The problem with this speculation is, however, that it flies in the face of the facts. Edward plainly did escape his attendants to marry Elizabeth in secret. It’s hard to believe that a man of his resourcefulness and sexual appetites could not successfully repeat the exercise. On the second point, there was no guarantee that the queen would or could bear him a son; indeed, she did not actually do so for six years. Besides, there are many other reasons why Edward might have made the grants. It might, for example, have been patronage expected of him by people who knew nothing of his marriage to Elizabeth and he did not wish to encourage their speculation by not making these grants, which on the face of it were reasonable.

 

Ultimately, I believe that the actual circumstances of the wedding are beside the point. The invalidation of Edward’s marriage on the ground that he was bewitched did not (in 1483) turn on proof that he was actually bewitched. Titulus Regius was expertly worded so that it was sufficient for the accusation of witchcraft to be plausible not only because of the notoriety surrounding previous allegations of witchcraft within the royal family but also because for many of the King’s subjects it was the only possible explanation for his otherwise inexplicable marriage to a commoner with no dowry or assets, and a large and voracious family to support.

 

The said feigned marriage was made privately and secretly

The historian Mortimer Levine dismisses the clandestinity of this marriage as a matter of no consequence[34]. He argues that clandestine marriages are valid, binding on the parties and enforceable in law. He is right in principle, but he has over simplified the law in 1483 and jumped to the wrong conclusion. In the fifteenth century, questions of legitimacy were not determined solely on the basis of whether the parents were validly married. There were many subsidiary principles used to determine legitimacy, the most famous being ‘legitimisation by subsequent marriage’. This principle also relied on the parents’ good faith. The reasoning was that parents and children should not be penalised for their ignorance of an impediment. If one of the parents was unaware of the impediment, the children of that union were presumed to be legitimate in law. However, it is unnecessary to consider this issue as the clandestinity of Edward and Elizabeth’s marriage raises the presumption of bad faith, which puts them outside this rule. If their marriage had been open, with banns declared, people would have had an opportunity to object and Edward’s previous marriage to Lady Eleanor Butler might have come to light. Contrary to what Levine says, the secrecy of their wedding is far from irrelevant; it goes to the heart of the problem of their children’s illegitimacy.

 

Edward had made a contract of matrimony long before he made the feigned marriage

The pre-contract raises two objections; first, that the pre-contract is an invention and second that in any case it would not, on these facts, bastardise Edward’s children. The first objection is a question of fact and turns on the supposed absence of written proof of Stillington’s allegation. It this perceived gap in the paper trail, which sceptics use to challenge the existence of the pre-contract. However, to suggest that there is no written evidence of Edward’s prior marriage is plainly nonsense in the face of the documents we do have: the Parliamentary Roll’s, which confirms the prior marriage, Commynes’ memoirs naming Stillington as the ‘whistle blower’, officiate and only witness apart from the bride and groom, and the Crowland Chronicle. What we do lack, however, is Stillington’s written testimony; we also lack the type of circumstantial detail that adds colour to the bishop’s revelation: the who, what, when, where, how and why questions.[35] Common sense suggests that the mere fact that it was a secret ceremony precludes the possibility of any written contract or promise and it is difficult to know what else would satisfy the sceptics if they doubt even parliament’s integrity in accepting the petition verbatim. Anyhow, it does not necessarily follow from the absence of written proof that Stillington was lying, or that he and Gloucester conspired to tell lies. Moreover, the absence of such written testimony or other proofs is hardly surprising due to the fact that in 1485, King Henry VII was intent in suppressing all knowledge of King Richard’s royal title.

 

He ordered Titulus Regius, to be repealed without being read (itself unusual in the annals of parliament). The repeal of Titulus Regius was necessary to bolster King Henry’s own weak title, which depended on the legitimacy of his wife Elizabeth of York, daughter of Edward IV. However, his order that all copies should be annulled and utterly destroyed’ on pain of punishment suggests there was more to it than that. Titulus Regius was, he said, ‘to be cancelled, burned and put into oblivion’. Henry’s intention was by his own admission to ensure ‘…that all things said and remembered in the said bill may be forever put out of remembrance and forgot.’ His explanation that he could not bear to have this infamy of his wife and her family remembered is doubtless true but it is not the whole truth. It was a blatant attempt to rewrite the history of King Richard’s royal title. I take Horspool’s point that it doesn’t necessarily follow that Henry thought the pre-contract story was true. However, when coupled with the arrest and subsequent pardoning of Stillington and Henry’s refusal to allow the bishop to be examined by his judges on the facts of the pre-contract, then the inference that he may have had something to hide is almost irresistible. At a time when King Henry would have welcomed proof positive that the pre-contract was a slanderous lie, he chose to suppress it rather than disprove it.

 

Neither are there any grounds for doubting Stillington’s credibility as a truthful witness to the marriage. Nobody has produced evidence that he invented the pre-contract story either on his own or as part of a conspiracy with Gloucester (as he then was), or that he allowed Gloucester to put him up to it. He did not receive any discernable reward for his revelation there is little force in the assertion that the pre-contract story was known to be false at the time. The only doubts that were expressed came from sources in southern England after his death, at a time when Henry VII was actively suppressing the true history of Titulus Regius.

 

The pre-contract story was also credible to King Edward IV’s subjects. His promiscuity was notorious. Crowland describes him in general terms as ‘a gross man so addicted to conviviality, vanity, drunkenness, extravagance and passion.’[36] Mancini is more descriptive:

 

‘He was licentious in the extreme: moreover it was said that had been most insolent to    numerous women after he had seduced them, for, as soon as he grew weary of the         dalliance, he gave up the ladies much against their will to the other courtiers [Hastings,   Rivers and Dorset?]. He pursued with no discrimination the married and unmarried the    noble and the lowly: however he took none by force. He overcame all by money and         promises, and having conquered them, he dismissed them.’[37]

 

Finally, it is important to bear in mind that the draftsman of Titulus Regius had no need to allege bigamy. As I have already argued, the charge of witchcraft and the claim on notoriety were sufficient to invalidate Edward’s marriage to Elizabeth without the need of a court judgement. If the pre-contract story was not true it’s inclusion in Titulus Regius was a dangerous embellishment, a mistake of the first magnitude, which I do not see such a careful draftsman making.

The second objection raises two questions of law, which I shall deal with individually.[38]

  • The first point relies on the current principle of English law that that bigamy ceases once one of the spouse’s dies. Richard’s detractors argue that no objection could be raised against the validity of Edward’s marriage to Elizabeth Grey or against the legitimacy of their children born after Eleanor Butler’s death on the 30 June 1468. However, in the fifteenth century the law was different; in those days under canon law, adultery when coupled with a present contract of marriage was an impediment to the subsequent marriage of the adulterous couple. Based on the facts of this case, the law in 1483 presumed that Edward had ‘polluted’ Elizabeth by adultery; consequently, they were forbidden from marrying at any time in the future, even after the death of Eleanor Butler. Medieval canonists considered this harsh, even unjust. Consequently, to mitigate its effect on an innocent party in a bigamous marriage, exceptions to the rule were allowed. For example, if Elizabeth Grey did not know of Edward’s previous marriage to Eleanor Butler, she would not be committing adultery knowingly and there would be no impediment to her marrying Edward after Eleanor’s death. Of course, whether this exception applied depends on facts we cannot now prove: did Elizabeth know about the pre-contract when she ‘married’ Edward? Unhappily for Edward and Elizabeth no investigation of the facts was or is necessary since the application of this exception rested on the legal presumption that Elizabeth acted in good faith. Owing to the fact that her marriage to Edward was clandestine, the law presumed bad faith on her part. Thus, she could not avail herself of its protection.[39]

 

  • The second point of law turns on the argument that as Edward and Elizabeth ‘had lived together openly and were accepted by the Church and the nation as man and wife’, King Richard’s claim was too late. Edward and Elizabeth lived openly together for nineteen years. Furthermore, fifteenth century matrimonial law recognised the validity of what we would call a ‘common law marriage’. It was also possible in certain circumstances to presume the legitimacy of any resulting children. However, the problem for Edward’s children continues to be the secrecy of their parents’ wedding. The presumption of validity only extended to marriages conducted in facie ecclesia. Furthermore, canon law specifically allowed questions of bastardy to be raised after the parents’ deaths, in order to settle issues of inheritance. Finally, it was and is a precept of English law that an illegal or improper act cannot be by its continuation over a long time. Far from making things better, Edward’s nineteen-year cohabitation with Elizabeth made them worse.

 

The Constitutional question

The constitutional question is simply whether Parliament had authority to determine the validity of Edward IV’s marriage to Elizabeth and the legitimacy of their children. The gist of the argument against parliament is that as a ‘secular court’ it had no such authority, which lay exclusively with the church courts. It is a superficially strong objection against Titulus Regius and no less so for being the first, and the only remotely contemporary one. The Second Continuation of the Crowland Chronicle contains this passage.

 

 ‘At this sitting [1484] parliament confirmed the title by which the king in the previous        summer ascended the throne and although that lay court found itself (at first) unable to give    a definition of his rights, when the question of the marriage was discussed, still, in          consequence of the fears entertained of the most persevering (of his adversaries), it             presumed to do so, and did so.”[40]

 

I have used Henry Riley’s nineteenth century translation because in my personal opinion, modern translations that simplify the text in the interests of clarity or ‘good English’ lose too much detail in the process. They are also symptomatic of a general dumbing down of discussion about Titulus Regius by historians. I believe Riley’s text is more accurate and better captures the events and the atmosphere in parliament: the difficulty in defining the king’s rights, the fact that it was only enacted after a debate and the great fear that afflicted even the most resolute. I feel sure that these emotions were present and expressed. We get an idea of the issues that troubled parliamentarians from John Russell’s draft sermon, which he prepared for the opening of parliament. Russell clearly opposed the enactment of Titulus Regius in the form of the petition. He went so far as to describe it as ‘a document conceived in malice and ending in corruption’. It is impossible to believe that after hearing the Lord Chancellor’s explosive sermon criticising the petition and the petitioners, the matter was not debated with keen interest on all sides. It is true that the debate is not recorded in the Parliamentary Roll but we know from an MP’s extant diary of the 1485 parliament that such debates took place, especially on important issues such as the royal title.[41]

 

Russell was not of course advocating that parliament should refuse to validate Richard’s succession: far from it. His objection was to process and not outcome. He argued that to ratify Richard’s title by inheritance was fraudulent because it was based on ‘false’ information and because it involved a determination on the validity of Edward’s marriage, which he believed parliament should not do. Russell feared above all things division and sedition. He had in mind the October rebellion, which was indicative of the continuing divisions in the English polity. He believed that Titulus Regius in this form was more likely to result in a disputed succession and civil war. He saw the need for an exclusively political solution, which he believed would avoid stepping on the Church’s toes and being more honest and open was something the realm could come to accept. Although he doesn’t say exactly what he had in mind it was probably a simple declaration by parliament that the crown was vested in King Richard and his heirs forever.[42] Russell’s sermon also contained the following statement on the nature and authority of parliament

 

 ‘In this great body of England we have many diverse members under one head. How be it            they may all be reduced to (iij) chief and principal, which make this high and great court at    this time, that is to say the lords spiritual, the lords temporal and the commons.’ [43]

 

That is a reference to parliaments political role; significantly, Russell does not imply that parliament is in this instance acting in its judicial capacity. Even so, there was a problem with the notion that parliament could simply declare Richard as king; it, would have been unacceptable to Richard. He was weaned on the Yorkist doctrine of ‘strict legitimacy’ (succession by inheritance). No medieval English king could willingly accept a ‘constitutional’ title granted by parliament since a) it undermined the divinity of kingship and b) what parliament gave it could take back.

 

Richard harshest biographers suggest that it was fear of his reprisal that encouraged parliament to pass the Act of Settlement;[44] but I disagree for three reasons. First, the sources for these statements are questionable since they are based on hearsay and they only emanate from Richard’s political opponents. Second, no reprisals were taken against Russell despite his public opposition to the petition, he was not discriminated against or ‘punished’ in any way and continued to serve King Richard throughout his reign. The whole theme of Russell’s sermon was unity, which brings peace and stability. I do not think it was the fear of Richard or his henchmen that afflicted the MPs, but fear that a disputed succession would result in a resumption of the Wars of the Roses.[45] Third, the Parliamentary Roll for the 1484 sets out Titulus Regius in full, adding simply that the bill was read, heard and fully understood by everybody present, and that the lords and commons agreed to it. As Rosemary Horrox points out “The enrolled text becomes a statement of the king’s right (and a very detailed one), but there is no suggestion that it was the king’s statement of that right. As presented here (in the Parliamentary Roll), Richard is entirely passive: his only input to receive the bill and send it to the commons for approval.   The lords then gave their assent, and the king, with that assent declared the contents of the bill (and therefore the Roll) to be true.” It would seem that king Richard was deliberately distancing himself from the bill. This may have been in part due to his realisation that the decision the decision to challenge the validity of Edward IV’s marriage was contentious.[46] It is also worth noting Horrox’s later opinion that although parliament seems to be acquiescent “… the impression from the Roll is that this was something to be earned. There is no suggestion, as the hostile Crowland Chronicler insisted, Richard was browbeating parliament from a position of strength.”

 

The depositions of Edward II and Richard II are testament to the need for parliamentary assent to the dethroning of a crowned and anointed monarch. The Duke of York’s disputed claim to the throne in 1460 is further evidence that a disputed royal succession was a matter of state, which could only be resolved by the king and parliament.[47] The precedents therefore support the necessity for parliamentary assent to a royal succession where the title is controversial.   Naturally, those involved in the fourteenth century depositions had to conform to the legal niceties; nevertheless, the decision in each case was political as was the outcome. The situation in 1483 was completely different; it was, to use legal jargon, sui generis (unique). Both Edward II and Richard II were demonstrably unfit to rule. Whereas, Edward V was a minor; he had not been crowned and was too young to be guilty of misrule. The attack on the validity of his parent’s marriage was therefore a device to give sufficient cause for Edward’s deposition and the barring of his siblings from the line of succession. The overriding raison d’état was the fear that Edward V’s minority would result in Woodville hegemony and a resumption of civil war. On that basis alone, the proposition that only the church courts had jurisdiction, is a doubtful one. To explain that argument I must delve briefly into the evolution of parliament into the king’s court of justice and a national assembly made up of the ‘three estates of the realm’.

 

In the beginning, the feudal parliament was the king’s court; it was the highest court he had. From the thirteenth century, it began to develop a dual role as a court of law and a political body involved in affairs of state. It became not just the king’s highest court but also his most solemn council. By the fifteenth century, the concept of parliament as a nationally representative body was prominent. Henry V famously told the Pope that he couldn’t change English law without the assent of Parliament. In 1420, the Treaty of Troyes had to be ratified by the English Parliament. By 1467 the Lord Chancellor, Robert Stillington was able to declare that justice depended on the ‘three estates’ of the realm that sat in parliament. It is in that context that Dr AR Myers considers that Parliament’s declaration of Richard III’s legitimacy and Edward V’s bastardy, and their recognition of Richard’s hereditary right, ‘justly grounded on the laws of God, nature and the realm’, was the most important step in the evolution of parliament at that time. ‘This is’, he writes, ‘a specially striking example of the way that the older notion of parliament had had grafted onto it the idea of a national assembly acting on behalf of the three estates, combining with the king to provide an authority of parliament, which would otherwise have been lacking.’ [48] The importance of this declaration cannot be overestimated since it sets out clearly parliament’s own definition of its authority and why it acted as it did on the question of the royal title. After acknowledging that the people at large may not have understood the royal title expressed in the petition, the declaration continues.

 

 ‘And moreover, the court of parliament is of such authority, and experience teaches that the  people of this land are of such nature and disposition that the manifestation and declaration  of any truth or right made by the three estates of this realm assembled in parliament, and   by authority of the same, before all other things commands the most faith and certainty,  and in quieting men’s minds, removes the occasion of all doubt and seditious language.  Therefore at the request and by the assent of the three estates of the realm, that is to say  the lords spiritual and temporal and the commons of this land assembled in this present   parliament by authority of the same, be it pronounced, decreed and announced that our   said sovereign lord the king was and is the true and undoubted king of this realm of  England … by right of consanguinity and inheritance, as well as by lawful election,     consecration and coronation.’[49]

 

So there we have it: parliament did not regard itself as a judicial body giving judgement in a court case. Indeed, it could not do so in the name of the three estates since the commons lacked judicial authority. Only the lords in parliament had the power to try court cases bought before them. The bill was passed as an Act of Settlement to which the king and the three estates assented.[50]

 

It is right to say, as Chrimes does, that whatever the prevailing relationship was between state and church, ‘ecclesiastical courts were neither expected nor required to enforce statutes in cases within their jurisdiction’.[51] Furthermore, fifteenth century civil judges were usually careful not to encroach on the English Church’s rights or authority where spiritual matters were concerned. Even so, the exclusivity of canon law in the ecclesiastical courts did not stop Parliament from passing statutes prescribing their jurisdiction and, on occasion, supplanting canon law.[52] Legislation was also enacted to prevent canon law overriding substantive ecclesiastical law; even matters that fell well within the Church’s purview did not escape statutory definition. For example, issues related to temporalities, sanctuary, benefit of clergy, legitimacy by subsequent marriage and heresy were not left entirely to Church judgement.[53] This was especially so, on cases (like this) that touched the boundary between church and state. By the last quarter of the fifteenth century statute law had surpassed common law and some canon law in importance. The view that parliamentary statutes bound judges was prevalent even then.

 

Even if we accept for the purposes of argument that a church court ought first to have determined the question of legitimacy, it was simply impracticable. First there is the problem of the ‘law’s delay. Following the sovereign’s death, time is of the essence. His successor has to assume the reins of government speedily to ensure the continuous peace, prosperity and defence of the realm. Litigation in those circumstances would have been unduly time-consuming. And it would also have raised the possibility of an appeal to the Pope, which were to happen would have had political repercussions rendering any legal judgement nugatory. It is unlikely that the English Parliament would accept the notion that a foreign power could determine the next king of England in a courtroom. Third, there is the factional dimension; a purely legal judgement was unlikely to resolve the factional dispute underlying this whole episode, or reduce the risk of civil war. The royal succession could not be decided by a lawyer or a foreigner or in any way that ignored the realpolitik in which the whole question of Edward V’s legitimacy arose. A legal solution was impossible to achieve in 1483.

 

The claim of Edward of Warwick

Finally, I must address the claim that even if Edward IV’s children were illegitimate, Edward of Warwick was the rightful heir to the throne ahead of Gloucester. Mortimer Levine challenges the view that Edward of Warwick was barred from succeeding because his father was an attainted traitor. There are two limbs to Levine’s argument. First that Clarence’s Act of Attainder only specifically barred Edward of Warwick from inheriting his father’s ducal title and second, the common-law principle against attainted people from inheriting, does not apply to the royal succession. By way of example, he cites Henry VI and Edward IV, both of whom succeeded to the throne after being attainted. Levine regards Clarence’s attainder as unimportant and an excuse to bar Warwick from the crown, and a legal pretext for Gloucester’s usurpation. He may be right about Warwick’s exclusion being a pretext but he has, nonetheless, underestimated the importance of the attainder and the difficulties posed for young Warwick. Professor Lander has described the attainders passed on the Yorkists in 1459, which gives us a feel for the nature of attainment “ They were to suffer the most solemn penalty known to the common law. Treason was the most heinous of all offences. Its penalties ruined the traitor’s descendants as well as the traitor himself. The offender was held worthy of death inflicted with extremities of bodily pain…his children, their blood corrupted, could succeed to neither the paternal nor the maternal inheritance. The traitor died in the flesh, his children before the law.” The children of an attainted traitor lost all their civil rights. They had no status.  Some even questioned their right to live after attainder.[54] It’s true, that that Henry VI and Edward IV succeeded to the throne after they were attainted, but they both had powerful armies at their back to enforce their right. In 1483, nobody was interested in supporting the child of traitor, who was incapable of ruling England anyway. It is quite possible that if a strong faction of nobles had supported him, his attainder might have been reversed. However, that never happened.[55]

 

Conclusion

There is something Dickensianly repellent about a ‘wicked uncle’ who, to benefit himself, deprives his nephews and nieces of their just inheritance through legal trickery and sharp practice; that is the opinion of King Richard III that persists. The reason for this, is found in the historical treatment of the king beginning in the sixteenth century and continuing to the twenty-first century. The early histories were influenced by the Tudor narrative, which described King Richard as irredeemably wicked. Later historians have, with a few exceptions, followed suite. The historiography is marked by a tendency to simplify the issues to overcome gaps in the evidence and to judge King Richard through the prism of modern attitudes and culture. Nowhere is this more apparent than the historical treatment of Titular Regius. It is natural that some people will think there is something unjust and dishonest about depriving children of their rights without them being heard. We don’t need the Tudor histories to realise that King Richard’s contemporaries had doubts and uncertainties about the manner by which he came to the throne, or that his title was ambiguous to some; we know that this was so from contemporary documents. Moreover, we also know that those doubts uncertainties and ambiguities were expressed at the time and they were resolved by the national Parliament. The problem. I have tried to highlight in this article is that the intellectual debate about the events of 1483 has become personalized and is prejudiced. Insufficient attention is paid to the realpolitik of the time. The underlying fear was of a resumption of the Wars of the Roses and was the driving force behind Edward V’s deposition. There was no appetite for a boy-king in such highly charged circumstances, especially one controlled by the Woodvilles

 

Although I have little doubt that Parliament was empowered to enact Richard’s Act of Settlement, I sympathize with Chancellor Russell’s view that to enact the petition verbatim was not the best way to resolve the doubts, uncertainties and ambiguities of doubters. it was possibly even disingenuous, in that it used the law to mask a crude political act. Having said that, I cannot escape the fact that the bill seemed to have been passed through the three estates without a mention of dissent in the Parliamentary Roll. I believe that those who argue that this was through fear of Richard and his henchmen do parliamentarians a disservice by suggesting they were so craven. Ultimately, the importance of Parliament as the national law–making institution under the King’s estate transcended the canon and the common law in resolving state issues of this weight and importance

 

I have written elsewhere of my belief that Richard III was an exceptionally brave man in the fullest sense: on the battlefield and in the council chamber. I also believe he liked to do the right thing. Evidence of these qualities and his potential for good are seen in the significant judicial reforms he made in what was his only parliament. However, I believe he relied overmuch on his courage to overcome all obstacles: consequently, he did not always do the right thing for himself. The thorny question of his royal title is arguably one of those issues wherein he might have done better to temper his strong sense of right and wrong with a more realistic stance. A simple parliamentary declaration that he was king would not have softened the blow for Edward IV’s children or have met the Yorkist ideal and it was not in his nature be less than the man he was; nevertheless, it may have had a better chance of acceptance, thus enabling him to consolidate his reign.[56]

 

[1] A Conan-Doyle – The Adventures of Sherlock Holmes (Penguin 1981) p.1

[2]. Horace Walpole -The Historic Doubts and Refutation of the Traditional Account of Richard III’s life and reign (1768) published in Paul Murray Kendall (editor) – Richard III: the Great Debate   (Folio Society 1965)

[3]. Charles Ross – Richard III (Yale 1999) at p.64. This is still considered to be the standard biography of Richard III

[4]. Ross at p. LXVI

[5]. John Gillingham (editor) – Richard111: a medieval kingship (Collins & Brown 1993) passim

[6] David Horspool – Richard III: a ruler and his reputation (Bloomsbury 2017); Chris Skidmore – Richard III: brother, protector, king (Weidenfield & Nicolson 2017)

[7] . Phillipé De Commynes – Memoirs: the reign of Louis XI 1461-1483 (Penguin 1972) pp.353-354.

[8]. Sir James Gairdner – History of the Life and Reign of Richard III (Longman Green 1878) pp.113-115.

[9]  Sir Clement Markham –Richard III: his life and character (Alex Struick 2013 paperback edition) at p.101.

[10] Alison Hanham – The Cely Letters (EETS Oxford 1975) pp. 159-160. Stallworth’s correspondence is helpfully reproduced in full in Peter A Hancock- Richard III and the murder in the Tower – (The History Press 2011) Appendix 1, pp.158-59

[11] Hanham (Cely Letters) pp.184-85; see also Michael Hicks – Richard III (Tempus 2000 edition) p.45, for a different translation of this letter.

[12] The Book of Wisdom, Chapter 4, Verse 3 ‘Bastard slips shall not take deep root, nor take firm hold.’ Scholars generally agree that the book of Wisdom deprecates any compromise with false idolatry. Richard’s strong sense of right and wrong was probably in tune with such views.

[13] AH Thomas et al [eds] – The Great Chronicle of London (London 1938) pp.231-233

[14] Paul Murray Kendall – Richard the Third (Geo Allen & Unwin, 1955) p.477, note 21

[15] AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III (Oxford, 1969) at p. 95

[16] The Great Chronicle; ibid

[17] Mancini p. 97

[18] SB Chrimes – English Constitutional Ideas in the Fifteenth Century (Cambridge 1936) pp.123-125

[19] Chris Givern-Wilson [Ed] – The Parliamentary Rolls of Medieval England 1275-1504 (Boydell 2005), Vol XV. Rosemary Horrox [Ed] – Richard III 1484 p.14 [PROME]

[20] PROME pp.14-18

[21] Charles T Wood – The deposition of Edward V (Traditio Vol.30, 1935) p.236

[22] Anne Sutton-Richard III’s ‘Tytylle & Right’; a new discovery (Ricardian, Vol IV, No 57, June 1977) pp. 2-8, together with subsequent correspondence with Charles T Wood in J Petre (ed)-Richard III: crown and people (Richard III Society 1985) pp.51-56.

[23] David Horspool-Richard III: a ruler and his reputation (Bloomsbury 2017 edition) pp.164-165 and 290, note

[24] I am summarising three articles about this matter. Mary O’Regan – The Pre-Contract and its Effect on the Succession in 1483 (Ricardian) Vol IV, No 54 (Sept 1976) pp. 2-7; this is reproduced in Richard III: crown and people pp. 51-56; also, Anne Sutton (Tytylle & Right) ibid; also R H Helmholz – The Sons of Edward IV, a Canonical Assessment of the Claim they were Illegitimate, published in PW Hammond (ed) – Richard III: loyalty, lordship and law (Richard III and Yorkist Historical Trust 1986) pp. 91-103.

[25] HA Kelly – The Case Against Edward IV’s Marriage and Offspring: secrecy, witchcraft: secrecy: pre-contract (Ricardian Vol. XI No.142 September 1999) pp. 329-330.

[26] Ralph Griffiths – The Trial of Eleanor Cobham: an episode in the fall of Duke Humphrey of Gloucester (Bulletin of John Ryland’s Diary 1969) 51(2) pp. 381-399

[27] Griffiths ibid

[28] Griffiths ibid

[29] Michael Hicks – False, Fleeting, Perju’d Clarence (Alan Sutton 1980) chapter IV passim; see also, John Ashdown-Hill – The Third Plantagenet: George Duke of Clarence (History Press 2014) chapters 11 and 12 passim. Both these biographies deal with the issues of the Burdet trial comprehensively and each contains a nuanced interpretation of events. David MacGibbon’s claim that Clarence accused Elizabeth of witchcraft did not form part of the accusation against him at his trial (See David MacGibbon – Elizabeth Woodville (Amberley 2013) pp.104 and 216, notes 18 and 21.

[30] PROME ibid

[31] PROME ibid; see also Helmholz p.98

[32] Annette Carson – Richard III: the maligned king (History Press 2014) pp. 138-140 citing WE Hampton- Witchcraft and the Sons of York (Ricardian March 1980)

[33] David Baldwin -Elizabeth Woodville (History Press 2010) pp.10-11, pp150-154 passim; Susan Higginbottom – The Woodvilles (History Press 2015) pp.31-32

[34] Mortimer Levine – Tudor Dynastic Problems 1460-1571 (George Allen and Unwin 1973), esp pp.28-31; Professor Levine is a historian and not, in the legal sense, an expert witness on 15th century canon law.

[35] See John Ashdown-Hill – The Secret Queen: Eleanor Talbot (History Press 2016) pp.120-139 for an intriguing discussion of the circumstances of Edward’s alleged marriage to Eleanor: how they met, became lovers and were secretly married. See also Peter A Hancock – Richard III and the murder in the Tower – (History Press 2011) pp.33-43 for an alternative theory. Like all conjecture these theories are based on inferences drawn from circumstantial evidence. Though both theories are credible, differences in detail suggests that at least one of them is wrong.

[36]. Nicholas Pronay and John Cox (editors) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.153.

[37]. Mancini p.67

[38] Levine ibid

[39] Helmholz ibid

[40] Henry Riley (Trans) – Ingulph’s Chronicle of the Abbey of Croyland with continuations by Peter Blois and anonymous authors (London 1854); see also Pronay and Cox, pp.169-170, which is an honest attempt to provide scholars with a serviceable edition of the second continuation. However, the authors’ simplification and modernization of complex Medieval Latin has changed the sense significantly, as can be seen by the following extract, which is provided for comparison. “…I come to the parliament which began about the 22 January (1484). In that assembly indeed the title by which the king, in the previous summer, had ascended to the height of the crown was corroborated even though that lay court was not empowered to determine on it since there was a dispute concerning the validity of a marriage, nevertheless, it presumed to do so and did so on account of the great fear affecting the most steadfast.” It is also worth considering Alison Hanham’s pithy translation, which is due, in part to her desire to translate Medieval Latin into ‘good English’. ‘Over and beyond confirmation of the title by which the king had ascended to the dignity of the crown the previous summer, that lay court took it upon itself to give a ruling on the validity of a marriage. It could not do so, but it did because of the great fear that afflicted the most staunch.’ (Alison Hanham – Remedying Mischief; Bishop John Russell and the royal title. [Ricardian Vol.12, No.151, December 2000 p.146])

[41] Nicholas Pronay et al – Parliamentary Texts of the Late Middle Ages (Clarendon, Oxford 1980) at p.186 (“A Colchester Account of Proceedings in Parliament 1485, by representatives of the Borough of Colchester Thomas Christmas and John Vertue’)

[42] Russell’s drafts are reproduced by JD Nichols [Ed] – Grants etc. from the Crown during the reign of Edward V (Camden Soc 1854) pp.xxxv-Lxiii; and also by Chrimes pp. 167-191; the draft sermons are also discussed extensively by professor Alison Hanham (Remedying Mischief) passim; see also PROME pp.2-4, 8. []

[43] Chrimes ibid

[44] Horspool pp. 161-165 passim; Horspool prefers innuendo to outright statement but it is clear the he damns Richard’s motives and his methods. Its a pity therefore that he undermines the credibility of his argument by cherry picking his examples and, even then, getting some of the facts wrong. For example, he states that Richard’s use of the pre-contract to bastardize Edward broke with ‘established precedent principally in not giving the children in question or their mother a chance to reply’. It is an erroneous point, since there was no ‘established precedent’ for this situation; it, was unique. What precedent does show, is that no king could be deposed without the assent of ‘three estates of parliament’ and it is in that context, and not a court case that the deposition should be seen. See also Skidmore pp.184-195.

[45] Pronay and John pp.169-171

[46] See PROME Vol XV pp. 5 and 7

[47] Anne Curry and R.E. Horrox – 1460 PROME, Vol XII, Henry VI Parliament, October at pages 510 and 518. Even though the situations in 1460 and 1483 were different, the principle that the royal accession was not justiciable was well established

[48] A R Myers – Parliament 1422 -1509 [published in RG Davies & J H Denton (eds) – The English Parliament in the Middle Ages (Manchester UP 1999 edition) pp.153-154].

[49] PROME Vol XV ibid; see also Myers p.153

[50] For the text of Titulus Regius see Rolls of Parliament (Rotuli Parliamentorum), 6 volumes (London 1776-77) vol. 6, at pp.240-42.  A photographic facsimile of the original (with the seal shown) is available online at http://partyparcel.co.uk . There are two versions: the first in Middle English and the second with modern spelling. Despite some suggestion that Titulus Regius is not an ‘Act of Parliament’, it clearly is. It states the ‘law’ of the land insofar as king Richard’s royal title is concerned. It is also is described in the Statute Book as an ‘Act of Settlement’. An ‘Act of Parliament ‘ is defined at: http://www.parliament.uk/about/how/laws/acts/

[51] Chrimes p.285

[52] Chrimes pp.285-288; see also Myers pp. 146,149 and 153

[53] Chrimes ibid

[54] J R Lander – Government and Community 1450-1509 (Edward Arnold 1980) p.203; see also J G Bellamy – The Law of Treason in the Later Middle Ages (Cambridge UP 1970) pp. 8-9, 13 and 21. Although the punishment of traitor depended on royal clemency, it usually involved a particularly gruesome, humiliating and painful death and forfeiture of everything the traitor owned. The children of an attainted man could inherit nothing from their father; as professor Bellamy points out, if he succeeded to anything after the attainder, it would happen by grace rather than right. One commentator even questioned why a traitor’s children should be suffered to live at all.

[55] See Charles Ross – Edward IV (BCA 1975) p.155, in which professor Ross discusses Clarence’s exemplification as Henry VI’s heir. See also Levine pp. 26-27 for his opinion. It is interesting to ponder Edward of Warwick’s wider significance as a Yorkist heir once Titulus Regius was repealed.   Henry VII’s response was to keep the hapless boy imprisoned in the Tower until he was old enough to be decently executed.

[56] PROME Vol XV p. 97; this was the solution to the conundrum of Henry VII’s lack of a royal title. In stark contrast to elaborate the justification of Richard’s title in Titulus Regius, Henry VII, in his first parliament, simply declared that the crown and all its possessions was vested in Henry and the heirs of his body forever and had been so since the 21 August 1485: justification was deemed unnecessary.

GREENWICH PALACE – HUMPHREY DUKE OF GLOUCESTERS PALACE OF PLEAZANCE

Gloucester-Talbot-Shrewsbury-Book.jpegHumphrey Duke of Gloucester from the Talbot Shrewsbury Book

 

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A print by an unknown artist now in the National Maritime Museum, Greenwich depicting the Palace c 1487.

Greenwich Palace, or Placentia as it is often known, was built around 1433 by Henry V’s brother, Humphrey Duke of Gloucester, who named it Bella Court after he had been granted the Manor of Greenwich by his nephew Henry Vl.  There had been   been an even older palace on  that site, perhaps dating from the reign of Edward l.  Henry lV dated his will from his ‘Manor of Greenwich January 22nd 1408′ and the palace appears to have been his favourite residence.  However, the grant in 1433 of 200 acres of land was for the purpose of enclosing it as a park.  It would seem that Humphrey was pleased with the spot because 4 years later he and his ill-fated wife, Eleanor Cobham,  obtained a similar grant and in that, licence was given for the owners to ’embattle and build with stone’ as well as ‘to enclose and make a tower and ditch within the same and a certain tower within the part to build and edify’ (1)

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Part of the drawing of Greenwich Palace by Anthony van der Wyngaerde 1558 with Duke Humphrey’s tower on top of the hill.

Accordingly soon after this  Humphrey commenced building the tower within what is now the site of the Royal Observatory which was then called Greenwich Castle,  and he likewise rebuilt the old palace on the spot where the west wing of the Royal Naval College now stands which he renamed from its agreeable situation, Pleazaunce or Placentia although this name was not commonly used until the reign of Henry Vlll.

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Another view of van der Wyngaerde’s drawing of Greenwich Palace c 1558

Upon Humphrey’s death the palace was granted to his nemesis, Margaret of Anjou.  Margaret added embellishments including terracotta tiles bearing her monogram, filled the windows with glass and built a landing stage and treasure house (2)

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A view of Greenwich Palace from a print published by the Society of Antiquaries 1767

Later Edward IV enlarged the park, stocked it with deer and bestowed it as a residence upon Elizabeth Wydeville.  Greenwich has been mentioned as one of Elizabeth’s favourite homes and it certainly crops up regularly in Edward’s itinerary (3).  A joust was held there on the occasion of Richard of Shrewsbury’s marriage to Anne Mowbray and it was there at Greenwich  on the 19th November 1481 that Anne tragically died at the age of just 8 years old and a few short months later,  Edward and Elizabeth’s own daughter,  the 15 year old Princess Mary also died on either the 20th or 23rd May 1482.  The manuscript covering Mary’s death says she died ‘in the town’  but it is probable this meant the palace and presumably she would have ‘lain in the chapel of the palace with appropriate services and perhaps the attendance of her parents'(3).  A week after her death, on the 27th May,  Mary’s body was taken to the parish church of Greenwich on the first stage of the final journey to St Georges Chapel, Windsor.  Mary may have been visited by her father,  Edward lV,  a few days before her death.  He was at Canterbury on the 17th and back in London on the 23rd which may have been the day that his daughter breathed her last so clearly if he did indeed visit he did not linger.  Numerous Wydeville ladies were conspicuous among the mourners including Jane, Lady Grey of Ruthin, sister to the queen and Jacquetta, another sister’s daugher,  Joan Lady Strange, wife of George Stanley.  Another niece, Lady ‘Dame’ Katherine Grey, possibly the daughter of Jane Wydeville was also present.  Dinner for the funeral group was at the palace after which Mary’s body was taken from the church and begun its last sad journey to Windsor.  Mary’s funeral is more than adequately covered in The Royal Funerals of the House of York at Windsor by Anne F Sutton and Livia Visser-Fuchs.  It may well be that sisters-in-law Anne and Mary knew each other well and that perhaps  Greenwich Palace was being used as a royal nursery in much the same way as Sheriff Hutton was later  to become, although the age gap would surely have prevented them from being actual playmates.

 

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The Royal Window, Canterbury Cathedral.  Elizabeth Wydeville and her daughters.  Mary is shown as the last figure on the right hand side.  Greenwich was one of Elizabeth’s favourite homes and where her daugher Mary died in 1482.

Greenwich Palace  conveniently came into Henry Tudor’s hands when Elizabeth Wydeville was,  ummmmm,  retired to Bermondsey Abbey on an altogether frivolous charge. It is true to say that Tudor heavily rebuilt the palace between 1498 and 1504, renaming it Placentia, (the pleasant place),  and the result of which is that any reference to Placentia usually finds it referred to as a Tudor palace but it is the earlier years of the palace with its Lancastrian and  Yorkist links that I find the most intriguing.

 

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Modern plaque commemorating the ‘building’ of Greenwich Palace by Henry Tudor.  Visitors could be forgiven for mistakenly thinking , with no mention made of the earlier palace, that Tudor was reponsible for the building of Greenwich Palace from the onset.  

Later in its long history the palace was to see many important events including the birth of Henry Vlll in 1491.  Henry jnr spared no expense in beautifying Placentia and his marriage to Katherine of Aragon was solemnised there on the 3 June 1509.  Many sumptious banquets, revels and jousts were held there – in Henry’s ‘Manor of Pleazaunce’  – and both his daughters, Mary and Elizabeth were born there.  Details of these and other less salubrious events such as the arrest of Anne Boleyn are readily available to anyone who is interested in the Tudors and their shenanigans and I will not  cover them here.  The Tudors were emulated  by the Stuarts in choosing Placentia  as a favourite residence until Charles ll,  finding the old palace greatly decayed,  ordered it to be taken down and yet another new palace to be built.  Thus Greenwich or Placentia – whichever name you prefer arose, phoenix like from the ashes and a new chapter in its long history commenced.

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As a footnote to Greenwich Palace and its rich history, much excitement has been created by the discovery by archaeologists  working on the painted hall at the Old Royal Naval College  of the discovery of two room, thought to have been used as kitchen or laundry rooms from the old palace.  One of these rooms featured a lead-glazed tiled floor and wall cavities which may have been used to store food and drink or even ‘bee boles’ which would have housed beehive baskets or ‘skeps’ during the winter when the bee colonies hibernated.

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The cavities from Greenwich Palace believed to be for storing food, drink or even ‘bee boles’.

  1. Old and New London, vol 6 p.165 Edward Walford.
  2.  The London Encyclopaedia pp 345, 346.  Edited by Weinren and Hibbert
  3.  The Private Life of Edward lV John Ashdown-Hill pp 48,49,62,63, 87, 88, 114, 115, 117, 118, 119, 155, 157, 158, 188, 189, 190,191, 192, 204, 205, 206

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Witchcraft (1): Witchcraft and Royalty: The Cases against Eleanor Cobham and Joanne of Navarre

Giaconda's Blog

Fake news – smearing the opposition

With the current interest in the media about the spread of ‘fake news’ and misinformation, it seems appropriate to reconsider the cases of two royal ladies who were both accused and found guilty of witchcraft during the early C15th. Were these simply cases of politically motivated ‘fake news’ stories? It is clear that in both cases that their enemies stood to gain by their fall and that witchcraft was an easy accusation to bring against any woman in an age of superstition and bigotry.

la-pucelle La Pucelle – Joan of Arc was brought down by accusations of heresy and witchcraft

They were also not the only women in the public eye to be brought down using similar methods – we have the very public example of Joan of Arc who was contemporary with Eleanor of Cobham and accused of heresy and witchcraft and burnt at the…

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If you have watched …

… Channel Five’s http://www.channel5.com/show/secrets-of-great-british-castles, let me reassure you of something.

There really was a king named Richard III and Dan Jones has simply forgotten to mention him.

Episode 2 was about Cardiff Castle, where Richard and Anne have a window devoted to them (seasons-greetings-2016-a-2).

Episode 3 was about the structure at York, or Clifford’s Tower as it is now called, which Richard frequented during his dozen years as Lord President of the Council of the North, whilst the city walls had borne the detached heads of his uncle, father (the Duke of York) and brother. Then again, “King Richard, late mercifully reigning upon us was, through grete treason, piteously slane and murdred to the grete hevynesse of this citie”., as their macebearer John Spooner recorded soon after Bosworth.

So Richard played a very real part in the history of both cities.

There have been a few interesting parts to this series – the “Black Dinner” with James II and the Douglases at Edinburgh Castle, Curthose held and Llewellyn Bren executed at Cardiff, the witchcraft charges against Joan of Navarre and Eleanor Cobham at Leeds, John starving various enemies to death at Lancaster and elsewhere, together with Robert Aske’s execution and Margaret Clitherow’s death in York, although Henry of Huntingdon could have been mentioned in conjunction with the latter. There has, however, been too much posing by Jones in his leather jacket, T-shirt and jeans firing arrows and trying on armour as the camera focussed on the other historians, includding Hutton, Morris and Capwell being older than him, together with too much dramatisatisation of Jones’ tendentious interpretation of events. The myth of Catherine de Valois and Owain Tudor, from the Leeds episode, is another case in point.

It isn’t that difficult to make a favourable reference to Richard III, surely? Then again, given what Jones has said about John and Edward II, perhaps it is better this way.cliffordstower

Tales of a Ricardian Traveler – Debunking a Myth at Dartington Hall

RICARDIAN LOONS

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

Dartington Hall, near Totnes in Devon and just southeast of Dartmoor National Park, represents a uniquely British form of historical contradiction. It is both medieval, having parts of a Grade I-listed late 14th century manor house, and modern, being the current home of the Schumacher College and formerly the site of a progressive coeducational boarding school which broke all the molds of English education and even attracted the attention of MI5. Today, it operates a hotel, restaurant and conference center, and has Grade II* listed gardens.

Our visit was prompted by the prospect of staying briefly in the house built between 1388-1400 by John Holland, first earl of Huntingdon and duke of Exeter. The Holland dukes of Exeter were themselves highly controversial figures and their history is closely intertwined with that of the Houses of York and Lancaster. We didn’t…

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The Fall of Humphrey, Duke of Gloucester

Whilst researching my biography of Richard, Duke of York I found myself drawn by a bitter feud that lasted for years and which in many ways was a kind of prequel to the Wars of the Roses. The more I learned about the acrimonious dispute between Cardinal Henry Beaufort and Humphrey, Duke of Gloucester the more it fascinated me and the more I began to see it as a pre-cursor to the troubles that followed. I found it almost impossible to tell Richard, Duke of York’s story without reference to the context provided by this relationship. It has been largely forgotten in the violent civil war that followed its shocking end but without the fall of Humphrey, Duke of Gloucester there may never have been a Wars of the Roses.

Cardinal Henry Beaufort was born around 1375, the second son of John of Gaunt by his mistress (and later third wife) Katherine Swynford. His older brother was John Beaufort, Earl of Somerset, whose descendants would become the infamous Dukes of Somerset who would rise to fame in the fifteenth century. His younger brother was Thomas Beaufort, Duke of Exeter, a very capable soldier, and Joan Beaufort, his younger sister, married Ralph Neville, Earl of Westmoreland and became the matriarch of the Neville clan that rose to prominence as opponents of her brother’s Somerset descendants. Henry was half-brother to Henry IV, uncle to Henry V and great-uncle to Henry VI. As Bishop of Winchester he held the richest see in England and this made him invaluable to a Lancastrian crown perpetually short of money.

Cardinal Henry Beaufort

Henry Beaufort acted as Chancellor to his half-brother before they fell out, returning to influence under his nephew Henry V, who was close to his uncle. In 1417 Beaufort was created a Cardinal and papal legate, only for his nephew to place pressure on him to give up the Cardinal’s hat. The king feared the encroachment of papal influence but needed to keep his uncle, and not least his money, close. Henry Beaufort (no doubt grudgingly) agreed but in 1426, shortly after the accession of the young Henry VI, he was once more appointed Cardinal. This apparently conflicting role as Papal representative and senior royal counsellor would attract criticism, most notably from Humphrey, Duke of Gloucester.

Humphrey was born around 1391, the fourth and youngest son of the man who would become King Henry IV. Created Duke of Gloucester by his brother Henry V in 1414, Humphrey took part in several campaigns in France, most notably fighting at the Battle of Agincourt. On his brother’s death Humphrey served as Regent in England for his nephew, though his power was severely limited by the Royal Council and was always subservient to the position of his brother John. Often viewed as reckless and bitter, Humphrey was almost permanently at odds with his half-uncle Cardinal Beaufort – and his behavior may have had another explanation as we shall see later.

After the annulment of his first marriage to Jacqueline of Hainult, Humphrey married Eleanor Cobham around 1430. The couple were popular and well liked, their court becoming a centre of poetry and learning. A part of Humphrey’s library was bequeathed to Oxford University and formed the basis of the Bodleian Library. When John died in 1435 it left Humphrey as heir presumptive to his childless young nephew and removed the one control on the rivalry between the duke and Cardinal Beaufort. From this point onwards the feud became ever more bitter and personal.

The first point of conflict came with the decision that had to be made quickly as to the identity of John’s replacement in France. The Cardinal wanted the prestigious position for his nephew John Beaufort, son and namesake of his older brother, as he sought to use his substantial influence to promote the position of his family in Lancastrian England. Humphrey was equally determined not to allow the Beauforts such power and promoted his closest legitimate royal relative, the young and powerful Richard, Duke of York. Humphrey won the argument and York was dispatched to France but the battle was only intensified.

When Parliament opened in November 1439 it was flabbergasted to hear a tirade of complaint from Duke Humphrey against his uncle Cardinal Beaufort just before Christmas. After Christmas the articles were presented in writing, nominally addressed to his nephew but clearly meant for a wide audience. Beginning by complaining about the release of Charles, Duke of Orleans, who had been taken prisoner at Agincourt and whose release Henry V had forbidden, Humphrey quickly launched into a sharp berating of his uncle’s actions over the last decade or so, not least his conflicted role as Cardinal and royal councilor. Charges rained from Humphrey’s pen but, perhaps reflecting the balance of power that was driving him to make his complaints, nothing came of his accusations and Cardinal Beaufort was not even investigated. Instead, the next strike would be made by the Cardinal’s faction.

Humphrey’s wife Eleanor Cobham was arrested and tried for treasonable necromancy in 1441, accused of having engaged the well-known ‘Witch of Eye’, Margery Jourdemayne, to predict the death of Henry VI that would give her husband the throne. Eleanor claimed that she had only sought help to conceive a child but it is unlikely that any defense would have saved her. Although she escaped a death sentence Eleanor was forced to perform a public penance, divorce Humphrey and remain imprisoned for the rest of her life. She eventually died at Beaumaris Castle in 1452, still a prisoner, but the scandal of her arrest, trial and conviction forced Humphrey to retire from public life. It seemed that Cardinal Beaufort had won the war, but Humphrey remained a popular man, well loved by the general populace, viewed as a champion of their cause against a disinterested king and court party.

Humphrey, Duke of Gloucester

By 1447 the English conquests in France were in the final throws of a prolonged and painful demise. Henry VI’s government, by this point headed up by William de la Pole, Duke of Suffolk, was trying to hand back vast swathes of land won by Henry V and to the preservation of which John and Humphrey had dedicated their lives. There is little doubt that the government feared a backlash from Humphrey that could gather popular support and become dangerous. On 14 December 1446 Parliament was summoned to meet at Cambridge on 10 February 1447 but on 20 January the location was suddenly changed from Cambridge, where Humphrey was popular, to Bury St Edmunds in the heart of Suffolk’s power base. This clearly suggests that at some point over the Christmas period a plot to deal with Humphrey once and for all was crystalizing.

An English Chronicle recorded that Humphrey arrived after the opening of Parliament, was met outside the town and that before ‘he came fully into the town of Bury, there were sent unto him messengers commanding him on the king’s behalf’. He was ordered to go straight to his lodgings and not to try to see his nephew the king, who seems to have been convinced that his fifty-six year old childless uncle was actively plotting to seize the throne, a notion probably promoted by Suffolk and Cardinal Beaufort, who spied a final end for his longtime nemesis. Humphrey was arrested on 20 February by Viscount Beaumont, accompanied by the Duke of Buckingham, the Marquis of Somerset (Edmund Beaufort), the Earl of Salisbury and Lord Sudeley. Either that day or the following Humphrey suffered what was reported to be a devastating stroke. He lingered until 23 February when he finally died. His body was placed on public display before being buried at St Albans Abbey but rumours quickly sprang up that he had been murdered, perhaps poisoned. There is no evidence to support this and a natural cause is entirely possible, but the belief that Humphrey had been wronged lingered for years and his death was undoubtedly convenient to the government.

Humphrey is often remembered as a reckless, petulant, unreliable and belligerent man who resented his lack of power compared to his brother and the Council. This reading of events is not entirely fair to my mind. At the Battle of Agincourt in 1415 Humphrey had been injured and knocked to the muddy ground. As French knights raised their weapons to finish him off an armoured figure stepped across his prone body and beat the attackers away. So close was the combat that the man defending Humphrey had a fleur de lys cut from the crown atop his helm. Humphrey’s life had been saved by his brother, King Henry V. For the rest of his life Humphrey would devotedly try to see his brother’s aims in France realised, perhaps because he owed his life to the famous warrior. Watching the floundering of English fortunes must have been painful and seeing the Beauforts attempting to use the Cardinal’s wealth to benefit themselves in a way Humphrey probably felt did not benefit England may have been behind his animosity to the Cardinal.

Cardinal Henry Beaufort would appear to have won the long war with Humphrey, though his victory was short lived. He died on 11 April 1447, less than two months after Humphrey. A legend sprang up, probably originating from the Tudor antiquarian Edward Hall and embellished by Shakespeare, that Cardinal Beaufort became delirious on his deathbed and offered Death all of his treasure for a longer life, though the contemporary Croyland Chronicle records simply that he died ‘with the same business-like dignity in which for so long he had lived and ruled’. In his early seventies, he had lived under four kings and amassed huge wealth and influence, a basis from which the Beauforts would flourish further.

Perhaps the real impact of the feud between Cardinal Henry Beaufort and Humphrey, Duke of Gloucester lies in what was to come after both of their deaths. The Beaufort family were set on an upward trajectory and enjoyed the favour of the king that the Cardinal’s influence had won for them. Richard, Duke of York had been promoted by Gloucester as a legitimate member of the blood royal and was widely viewed as the successor to Humphrey’s position opposing the peace party at court, meaning that whether he wished it or not he became an opponent to the Beauforts, perpetuating the feud of a previous generation. This rift would eventually widen until civil war broke out. Humphrey’s name would be closely associated with York’s cause for more than a decade after his death, his rehabilitation promoted by Cade’s Rebellion and his name finally cleared in Parliament when York held power.

The House of York and the House of Beaufort appear to have been set on a collision course by the disputes between Humphrey, Duke of Gloucester and Cardinal Henry Beaufort. Henry VI’s inability to force a closure to the rifts at his court meant that the bitterly opposed factions caused a rupture in the nation that we remember as the Wars of the Roses. It is because of the course that Richard, Duke of York was set upon by these events that I found it impossible not to tell this story in order to explain his actions and the events that surrounded him. Although it is lost in the vicious war that followed, the long battle between Humphrey and Cardinal Beaufort laid the foundations for the Wars of the Roses that followed their deaths and Humphrey’s fall marked the implosion of the House of Lancaster in a manner usually believed to be the preserve of their successors in the House of York.

Humphrey was a well-liked figure who was popular with the common man and retained sympathy for the House of Lancaster as the government of his nephew became increasingly unpopular and out of touch with the country. The policy of eliminating those closest to the throne thrust Richard, Duke of York to prominence as Humphrey’s natural successor, caused those who had looked to Humphrey for a lead to turn their focus from the House of Lancaster and made York, not unreasonably, frightened of meeting the same fate simply by reason of his position. Perhaps paranoia was a part of the makeup of Henry VI’s mental issues even at this early stage, perhaps the Beauforts were manipulating him to improve their own prospects or perhaps it was a little of both. Whatever the reason, it backfired on Henry and the Beauforts, dragging England into a bitter and prolonged civil war.

{Matthew Lewis}

 

“Cardinal Beaufort: A Study of Lancastrian Ascendancy and Decline” by G.L.Harriss

http://www.amazon.co.uk/dp/0198201354/ref=wl_it_dp_o_pC_nS_ttl?_encoding=UTF8&colid=3D6YG6OWFBYOC&coliid=I1EQWEV6IW4DHH

This 1988 volume reads very well and is an excellent summary of the life of the second (or first) son of John of Gaunt by his mistress Catherine de Roet. The language is very modern although the plain cover is a little reminiscent of many older books.

There is relatively little material about Henry Beaufort’s early years but he only became important as Bishop of Lincoln (from 1398) and of Winchester (translated in 1404), the latter occurring after the usurpation of his half-brother as Henry IV. During his forty-three years at the latter see, he was also to serve as Chancellor to the Lancastrian kings and lent the Crown many thousands of pounds to cover the costs of the French wars under Henry V and afterwards. He emerged as the head of his family and a player even among the legitimate Lancastrian circle, an ally of John of Bedford and rival of Humphrey of Gloucester.

As his brothers died and many of his nephews became hostages, Cardinal Beaufort became responsible for Edmund, later Duke of Somerset. Harriss details Edmund’s relationship with the widowed Catherine de Valois and makes a strong case (pp.144,177-8) for him having fathered at least one of her later children, taking facts such as her date of death – so the only two recent historians to analyse this have formed the same likely conclusion. He also note the 1427 law against Queens Consort remarrying.

Harriss also records Henry Beaufort’s promotion to the rank of Cardinal, his dealings with Martin V and other pontiffs together with the accusations of praemunire that Gloucester laid against him. Eventually, during Beaufort’s lifetime, Gloucester’s downfall followed his wife’s necromancy that led to her life imprisonment and the execution of several of her servants. It remains unclear whether the Cardinal played a part in this downfall whilst Harriss doesn’t mentionthe illegitimate daughter he is supposed to have had.

I would strongly recommend this book for borrowing, even without a genealogy of the Beauforts, although I wouldn’t spend a hundred and twenty pounds to buy it.

The Strange Death of Lancastrian England

When Henry IV had his final succession statute passed through Parliament he made no provision for the throne beyond his children and their offspring. Neither the Beauforts, the Yorks, or even the Hollands got so much as a line. This was quite understandable, given that he had four sons and two daughters. No one could have been expected to anticipate that those six young people would produce but two legitimate heirs between them. Of these, Blanche’s son, Rupert of Germany, died in 1426. The other was the future Henry VI, who would turn out to be (arguably) the least capable person ever to rule this country.

That Henry IV had doubts about the Beauforts (especially the eldest, who was certainly conceived in Sir Hugh Swynford’s lifetime) seems to be clear from his decision to explicitly exclude them from any rights to the succession in his exemplification of Richard II’s statute of legitimisation. But – at the time – any prospect of the Beauforts getting a sniff of the crown was remote in the extreme, and Henry’s exclusion of their claim was almost an irrelevance.

Once Henry V had dealt with the Cambridge Plot and gone on to win the Battle of Agincourt, the prospects for the Lancastrian dynasty looked rosy indeed. A few years on, with the Duke of Burgundy murdered by supporters of the Dauphin, Henry found a powerful ally in the new Burgundy (Philip the Good), and soon afterwards concluded the Treaty of Troyes with Charles VI, by which he (Henry) was declared Heir and Regent of France, and married to Charles’s daughter, Katherine of Valois. The Dauphin (future Charles VII) was disinherited.

This might be seen as the high-water point of the entire Lancastrian dynasty. What could possibly go wrong? Well, for a start, there was an awful lot of France still to conquer, and the people living there had not simply laid down their arms and accepted Henry on hearing of the Treaty. Meanwhile, Parliament, back in England, was already growing reluctant to pay for the necessary war. As they saw it, Henry had won his (not England’s) realm of France – great! Now it was now up to that realm, not England, to pay the cost of putting down the ‘rebels’ who so inconveniently still occupied the greater part of it. This probably seemed quite reasonable to the Honourable Members, with their typically English dislike of paying tax. However, assuming that the war was to be won, it was a completely unrealistic attitude to take.

Henry’s next brother in age, Thomas, Duke of Clarence was killed at the Battle of Bauge (21 March 1421). Clarence made the mistake of advancing on the enemy without his supporting archers, and the result was a costly defeat, both in terms of men killed and captured and in the boost the victory gave to French (or technically Armagnac) morale. Among those captured was the head of the Beaufort family, John, Earl of Somerset. He was to remain a captive until 1438, though it must be said he was not much missed.

So matters stood when King Henry died on 31 August, 1422, at the relatively young age of 35. Ironically, he never wore the crown of France as his father-in-law, the hapless Charles VI, contrived to outlive him.

Some authors have suggested that if Henry had lived, things might have turned out differently. I doubt it, because it wouldn’t have made the English Parliament any more generous, and that was the key factor. As Regent of France Henry was succeeded by his brother, John, Duke of Bedford, one of the most able rulers to emerge in the entire middle ages. Bedford was an efficient soldier, politician and administrator. He proved the former by commanding at the Battle of Verneuil (17 August 1424) which was in some respects a more crushing victory than Agincourt. His skill as politician and administrator prolonged the life of the English Kingdom of France, and it’s unlikely that anyone (even Henry V) could have done much better.

Bedford’s task was not made easier by his only surviving (and younger) brother, Humphrey, Duke of Gloucester. Gloucester was to prove something of a loose cannon throughout his remaining career. He was Protector of England (during Bedford’s (usual) absence from the country), but his official powers were limited, much to his frustration. When he was not arguing with his uncle, Bishop Henry Beaufort, he was ‘marrying’ Jacqueline, Countess of Hainault and Holland, and fighting against England’s ally, Philip of Burgundy, in an attempt to secure her inheritance. (I say ‘marrying’ because, inconveniently, the lady already possessed a living husband, and in due course the Pope declared her ‘marriage’ to Humphrey invalid. Not that matters were quite that simple.)

Humphrey went on to marry his former ‘wife’s’ lady-in-waiting, Eleanor Cobham. This was clearly a love match, not least because it seems Eleanor was his mistress before he married her. However, they were fated not to have children together, and Humphrey’s only offspring, Arthur and Antigone, were illegitimate.

Bedford’s own marriage, to Anne of Burgundy, was arranged for reasons of state, but nevertheless it proved a successful one at a personal level. Unfortunately, it also remained childless. This may help to explain why Bedford was so quick to marry Jacquetta of Luxembourg after Anne’s death. It is sometimes suggested that the swift remarriage angered Anne’s brother, the Duke of Burgundy, but if so it was only in the way of one more straw on the camel’s back. Philip’s attachment to the English alliance had been waning for some time. He was able to see the way the wind was blowing. Bedford’s death (14 September 1435) made matters still worse and left the English leadership in some disarray, but the Congress of Arras was already in progress at the time. Although the English were invited to take part, the terms offered to them were totally unacceptable. Burgundy, on the other hand, was accommodated and was happy to make a separate peace with Charles VII. From that moment on the English Kingdom of France was doomed (if it was not already) and the remarkable thing is not that it ultimately fell, but that it struggled on until 1453.

Objectively, the English probably ought to have accepted the Arras peace, however harsh, as it would have left them something of their conquests. However, this is to ignore the political situation in England. Hardliners such as Gloucester essentially regarded the acceptance of anything short of the terms of the Treaty of Troyes as bordering on treason. This was a totally unrealistic view to hold, in view of the improvement of the French position in both political and military terms, but questions of personal and national honour were in play, and common sense was banished from the equation.

Henry VI began his personal rule at the age of 16 in 1437. While the depth of his incompetence was not yet apparent, even the most able of rulers would have faced a daunting task. The kingdom was next door to bankruptcy and quite unable adequately to finance the cost of fighting the ongoing war in France. The reinforcements sent abroad gradually grew smaller in number, and it was increasingly difficult to find commanders of a suitable rank who were willing to participate. While the war had, in the past, been profitable for some private individuals – if not for the nation – anyone with any sense could calculate that the opportunities for profit were shrinking by the day, while on the other hand there was a much increased prospect of being captured and having to pay ransom oneself. In other words, the war was an increasingly bad investment.

As for the Lancastrian dynasty, it now comprised, as far as males were concerned, Henry VI and his Uncle Humphrey. It scarcely helped that these two were completely at odds as to how to settle the war, the King being for peace at almost any price, while Gloucester was of the ‘one last heave’ school, and believed that a suitably large English army (preferably led by himself) would smash the French in another Agincourt and enable the English to impose their own terms. (It was actually an academic argument, as Parliament was not willing to finance the cost of such an expedition, and it’s questionable whether enough men could have been put together even had the taxes been forthcoming.)

The Duchess of Gloucester’s ill-advised attempts to find via astrology and/or magic whether she was to bear a child, and for how long Henry VI would live were a perfect gift to Gloucester’s political opponents. Her fall from grace (which involved not only penitential parades through London but life imprisonment for the unfortunate woman) had consequences for her husband, whose remaining political influence was virtually destroyed overnight. Since they were forcibly divorced, Gloucester could, in theory, have married again but in practice he did not. So when he died on 23 February 1447, the sole remaining legitimate male member of the Lancastrian family was Henry VI himself. (Unless you count the Beauforts, and as far as legitimate accession to the throne or the Duchy of Lancaster is concerned, you really shouldn’t.)

By this time, Henry had secured a sort of peace (no more than a short truce bought at the cost of great concessions) and as part of the bargain had married Margaret of Anjou. Though in due course this union produced a son, Edward, it would appear that the deeply-religious King found married life something of a chore. There is no real reason to assume that Prince Edward was not fathered by Henry, but there were rumours around that he was not. Rumours were of course a commonplace of medieval England. (They were often slanderous, and are only taken seriously by historians when they are negative and concern Richard III.)

The Lancastrian dynasty, which within living memory had seem rock solid and beyond challenge, was now on its last legs. The loss of Lancastrian France was inevitable, given the crown’s lack of resources. However, there were many in England all too ready to blame the disaster on the shortcomings of the King and his advisers. Henry’s limited political skills, his tendency to put complete trust in certain favoured counsellors to the exclusion of his powerful cousin, York, and the rising influence of Queen Margaret all added to a toxic political mixture. Of course, in addition to all this, the King was increasingly troubled by mental health problems that at times left him catatonic for months on end. These attacks gave York a couple of opportunities to rule as Protector, but the usual way of things was that as soon as the King recovered he went back to his reliance on Queen Margaret and whichever Somerset was currently alive.

Despite his dismal record as a ruler, very few people seem to have disliked Henry VI personally, and that is one reason why he survived in power as long as he did. Indeed, it might be argued that even York and his allies did all they could to keep Henry on his throne. It was only after the Battle of Wakefield and the death of York himself that the Yorkist faction decided they had no choice but make a clean sweep.

 

The Lonely Death of Duke Humphrey

Humphrey.jpg

{Humphrey of Gloucester’s quarters marked by a plaque, now near Bury St. Edmunds’ Tesco and opposite the railway station.}

Humphrey, Duke of Gloucester, was the youngest son of Henry IV (Bolingbroke) and so the youngest brother of Henry V, with whom he fought at Agincourt.After the death of Henry V, he became Protector (in England) for his nephew Henry VI, although his powers were always limited, and at times superseded, not least when his elder brother, Bedford, came home from France.

Humphrey was a man of pronounced opinions, and was not always noted for his responsibility. For example, his actions in trying to take power in Flanders, on the basis of a very dubious marriage to Countess Jacqueline of Holland,Zeeland and Hainault, helped drive a huge wedge between England and its principal ally, Burgundy.

By 1441, Jacqueline was long gone, and Humphrey was married to his sometime mistress, Eleanor Cobham. It was through this lady that his enemies opened their attack against him.

Why did Humphrey have enemies? It is simplistic to speak of a ‘war party’ and a ‘peace party’ at court. There was a range of opinions, and most people recognised that the long, losing war with France needed to be settled by negotiation. The burning question of the day was how far should concessions be made. Humphrey was not inclined to make any concessions at all. He strenuously opposed the release of the Duke of Orleans (in English custody since 1415) and seems to have taken the view that nothing much would do except the implementation of the Treaty of Troyes in full. Given the military situation in France at this time (and indeed for some years before) this was totally unrealistic. Humphrey appears to have thought that ‘one last push’ would do it. That a powerful English army, sent into France, would win another Agincourt and the supporters of Charles VII would just give up.

The snag with this theory is that England did not have the resources (in men and money) to put such an army in the field. The crown was hugely in debt, and Parliament was reluctant to find money for ambitious ventures on the scale required. (In addition, there is really no reason to think that even another Agincourt would have made Charles VII give up. His armed forces had gone from strength to strength, and the French had amply proved their resilience.)

Henry VI was strongly in favour of peace at almost any price. His preferred advisers (Suffolk and Somerset) took a similar view, but undoubtedly felt threatened by Humphrey and his supporters. The King’s uncle was still popular in certain circles (notably London) and he and those who thought like him were apt to categorise any concession to the French as treason – or at least the next thing to it.

(The parallel with Richard II and his dispute with his Uncle Gloucester, Thomas of Woodstock, in the 1390s is almost complete. Except that Humphrey had at least seen serious action in the field, which was more than could be said for Woodstock.)

Eleanor Cobham consulted astrologers. There was nothing wrong with this, as it was common practice among the upper classes. Where she made her mistake was to ask Thomas Southwell and Roger Bolingbroke to cast a horoscope for Henry VI. They predicted he would die in July or August 1441. This was ‘imagining the death of the King’ and counted as high treason. How the powers-that-be learned of the matter is unknown, but governments generally have spies. Southwell was lucky to die in prison, Bolingbroke (the principal of St Andrew’s Hall, Oxford) was hanged drawn and quartered and Margery Jourdemayne (who had provided Eleanor with potions to help her conceive) was burnt at the stake, presumably because her actions were considered treasonable.

As for the Duchess herself, she was made to perform a Jane Shore style penance through the streets of London on three occasions, then imprisoned for life. She was also forcibly divorced from her husband by the church authorities.

Although there was no suggestion that Duke Humphrey was personally involved in the matter, the outcome of these events was that he became a pariah at Court, and much of the obstruction to the King’s peace plans were removed.

However, Gloucester’s enemies still did not feel secure. In particular, the proposed cession of Maine (as part of the package that would eventually bring Margaret of Anjou to England) was highly controversial and was likely to lead to opposition which Gloucester would be well qualified to lead. The Parliament of February 1447 was likely to provide a suitable platform. Suffolk (or someone close to him) decided that a pre-emptive strike against Humphrey would be the thing, and the only suitable method was an accusation of treason.

The Parliament was moved at short notice from Cambridge (where Humphrey had some support in the University) to St. Albans. When Gloucester arrived he was greeted by two knights, John Stourton and Thomas Stanley (apparently the father of that Thomas Stanley). They persuaded him to go straight to his lodgings instead of attending the King. Later that day, a group of peers, headed by Somerset, arrested him, and his request to be allowed to see Henry VI were denied. Over the next few days forty of his followers, including his natural son, Arthur, were arrested.

Although Yorkist chronicles suggest that Gloucester was murdered, it seems more likely that the shock brought on a major stroke or a similar medical event. He lay in bed for three days, unresponsive, before dying on 23 February 1447.

Eight of his followers, including his son, were found guilty of treason, but were quite literally reprieved on the gallows and given pardons. It is highly unlikely they were guilty of anything. The allegations were that Gloucester had been planning a rising in Wales, or that alternatively he had planned to kill Henry VI during the Parliament, make himself King and free his wife. Neither seems credible.

Had Humphrey not died when he did, it’s unlikely he’d have been given a fair trial, as some of his property was granted away several days before his death, and much more on the day of it. He was rich and therefore a target for the land-hungry. The Duke of York, outside the ruling clique and with considerable property, no doubt took due note. It is hardly surprising that York grew increasingly suspicious of the likes of Suffolk and Somerset – he had good reason.

On the last day of the Parliament, Eleanor Cobham was declared legally dead, to ensure she had no possible claim on Duke Humphrey’s estate. It is interesting to note that Edward IV was not the first to think of such a device.

Sources:

Conquest; Juliet Barker.

The Reign of King Henry VI; Ralph A. Griffiths.

 Henry VI; Bertram Wolffe

 

 

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