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SIR THOMAS MORE , A MAN FOR ALL REASONS: SAINT OR SINNER?

‘Not exactly the horse’s mouth’

In Josephine Tey’s spellbinding novel ‘The Daughter of Time’, Detective Inspector Alan Grant has a reputation for being able to spot a villain on sight. Whilst in hospital with a broken leg, Grant is idly flipping through some old postcard portraits to while away the time. He turns over a portrait of a richly dressed medieval man in his thirties: a judge? A soldier? A prince? Certainly someone with authority and responsibility Grant supposes. Imagine his surprise, therefore, when he realises it is a portrait of Richard III. “The monster of nursery stories. The destroyer of innocents. A synonym for villainy.” Shocked that he could be so mistaken as to place Richard on the Bench instead of in the Dock, Grant delves deeper into the mysteries of his life and reign. A friend lends him a library copy of Thomas More’s ‘The History of King Richard III’, which he reads with a detective’s eye for detail and evidence. Pretty soon he realises the fatal flaw in More’s account and raises the problem on his friend’s return.

” ‘I wanted some information about history written in Richard III’s day. Contemporary accounts.’

‘ Isn’t the sainted Sir Thomas any good then?’

‘ The sainted Sir Thomas is nothing but an old gossip’ Grant said with venom. He had taken a wild dislike to the much-admired More.

‘Oh, dear. And the nice man in the library seemed so reverent about him. The Gospel of Richard III according to St Thomas More, and all that.’

‘Gospel nothing’ Grant said rudely. ‘He was writing down in a Tudor England what someone had told him about events that happened in a Plantagenet England when he himself was five.’

‘Five years old?’

‘Yes.’

‘Oh, dear. Not exactly the horse’s mouth.’ “

 

I doubt if there are many Ricardians, if any, who would disagree with Inspector Grant’s opinion of ‘the sainted Sir Thomas’ and his history book: and with some justification. It contains many demonstrable errors and falsehoods, which have shaped our perception of Richard III for centuries. Even today, when there is more or less a scholarly consensus about its unreliability, there remains a perception that it is not entirely useless as a historical source.

 

The man who wrote ‘The History of King Richard III’ was not Saint Thomas More the Catholic martyr or Sir Thomas More the king’s Lord Chancellor. He was plain ‘maister’ More of Lincoln’s Inn, a brilliant and successful humanist lawyer and writer. I hope in this article to explore aspects of More’s character and life that may explain why he wrote his history of King Richard, and the historical and literary influences that guided his quill. This is not, however, a critique of this book as literature or history.

 

‘This child will prove a marvelous man’

Thomas More was born in London on the 7th February 1478 (or 1477), the eldest son of Sir John More, a successful lawyer and later justice of the King’s Bench, who rose to prominence during the reign of Edward IV. Politically, Sir John was an Edwardian Yorkist rather than a Ricardian who, despite being unfairly imprisoned by Henry VII, prospered during the Tudor dynasty. He had an enormous influence on Thomas as a child and as an adult; being, largely responsible for his son’s choice of a career at the Bar rather than the Altar. The More’s were a wealthy family of merchants and professionals. Both Thomas’ grandfathers acquired fortunes. Each played a significant part in the governance and commercial life of London during the fifteenth century, and also in various financial and advisory capacities to the king. At the age of seven, Thomas was enrolled in St Anthony’s , a prestigious grammar school in Threadneedle Street not far from his home. It had a reputation for producing England’s finest Latin scholars and Thomas was no exception. His grounding in Latin was to stand him in good stead later in life. But it was his spell as a page in John Morton’s Household that was to mark young Thomas as a teenage prodigy.

 

As Archbishop of Canterbury and Lord Chancellor, Morton was the most powerful commoner in the realm. He united the affairs of church and state, and his service to Lancastrian and Yorkist kings established his reputation for integrity. Furthermore, his part in Henry VII’s conquest of King Richard and the unification of the red and white roses assured Tudor goodwill. His main responsibilities were implementing the king’s fiscal and foreign policies, for which he was amply rewarded with lucrative offices and beneficiaries. Morton was, however, deeply unpopular with the king’s subjects, who resented the heavy load of taxation and benevolences he collected from them. He is (perhaps mistakenly) believed to have been responsible for the cunning argument commonly known as Morton’s fork, which was used to extract forced loans from reluctant subjects and is best described as “persuading prodigals to part with their money because they did spend it most and the covetous because they could spare it best.”[1]

 

In 1490, Thomas More walked the relatively short distance across the Thames to Lambeth Palace, there to take up his duties in the archbishop’s household. His position as a page was not demeaning. On the contrary, it was considered a privilege for gentlemens’ sons to serve in the household of a great lord. They would learn the etiquette of the privileged and mix with the good and the great. As a page, More led a strict and simple life but not a hard one. He slept on a straw mattress in a dormitory with other sons of the gentry. His principal duties as a servitor were to wait at table and clear away after the meal. Cleanliness was particularly important for pages and their dorm was well equipped with a long communal sink and pitchers of water. However, More’s life was not wholly one of servitude and menial labour. He continued his education as a scholar at a private school within the archbishop’s establishment. Apparently, his superior intellect and quickness of wit so impressed the archbishop, that More was soon attending him in his grace’s private chambers in the West Tower.[2] William Roper (More’s son-in-law and first biographer) provides a colourful insight into More’s prodigious self-confidence at this time “…though he was young of years [Thomas] would be at Christmas-tide suddenly sometimes step in among the players and never studying the matter, make a part his own there presently among them, which made the lookers-on more sport than all the players besides. In whose wit and forwardness the cardinal [Morton was not a cardinal at the time.] would often say to the nobles that divers times dined with him ‘ This child there waiting at the table, whosoever shall live to see it, will prove a marvellous man‘.”[3]

 

More had great respect for archbishop Morton, whom he considered to be a great man and an exemplar of ethical and moral behaviour. I am not myself convinced that Morton was such a paragon of virtue; yet, he was undoubtedly one of the most imposing political figures of Henry VII’s reign. His influence in shaping More’s career is undisputed. For example, in 1494 he was instrumental in arranging a place for him at Oxford University, where More could study canon and civil law under the watchful eye of the Benedictine monks of Canterbury College. Morton hoped that More would obtain his doctorate in law before taking holy orders and embarking on a career in government. However, after completing the curriculum, More left Oxford to join chambers in New Inn, there to continue his legal training. Whether this was his own choice or his father’s decision is unclear, but it is likely that it was always intended that he should practice law. If so, this was the preferred path for budding lawyers, who spent six or seven years learning their profession and ‘the affairs of men’ in the hurly-burly of the Inns of Court rather than in the cloisters of Oxford, which offered no such practical or material benefit. As Thomas More was to show throughout adult life, he was a practical and materialistic man. Quite apart from the influence of his father or archbishop Morton, the attraction of a legal career was obvious to him. Lawyers were held to be magni clarique that is important and distinguished. By the last decade of the fifteenth century, the rewards of prestige and wealth were such that the sons of the landed gentry preferred a legal career to one in the Church or in business. Just as importantly, an education in the law brought the ambitious More into contact with precisely those people who later administered the affairs of the king and state. Above all, he was temperamentally suited to be a lawyer. His advocacy skills were high quality and well honed. In the words of his most recent biographer “His polemical texts reveal the persistence, subtlety and inventiveness of his attacks against opponents; as a forensic orator and judicial examiner he [was] as fierce as he is persuasive, continually changing or extending his line of attack, looking for the smallest inconsistencies, finding weakness and deriding mistakes of terminology or presentation. More as a man is the apotheosis of the clever and practical man.”[4] He maintained a curious detachment throughout his life and was always precise and shrewd. Nevertheless, the impression remains that he was playing some kind of game. In the words of William Roper, he never in his dealings showed “of what mind himself was therein.” These were the qualities of a perfect lawyer: skilful and objective, cautious yet theatrical, persuasive and practical.

 

‘An intensely practical and decisive man’[5]

By the time he was thirty, More’s legal practice was flourishing. He was by training and by experience a generalist; appearing, as counsel in criminal cases at the Kings Bench and advising clients on, the common law, Canon law, Roman law and maritime law. He is reputed to have been ‘with the Archbishop of Canterbury (the dominant landowner) every day. He was also the legal representative for the City guilds and chief negotiator for the City mercers. He represented the City merchants in their dispute with the Duke of Buckingham and the Bishop of Norwich. In litigation he favoured advising a settlement between the parties to a trial, since this compromise suited his personal preference for good order and harmony. In Soper’s words“…sith there was at that time in none of the Prince’s courts of the laws of this realm any matter of importance in controversy wherein he was not with the one part of counsel. Of whom, for his learning, wisdom, knowledge and experience, men had such estimation that, before he came to the service of king Henry VIII at the suite and instance of the English merchants, he was by the king’s consent in certain great causes between them merchants and the merchants of [the Hanseatic League]…”[6]

 

By the time he was forty, More’s legal future was assured. He was appointed Lent Leader of Lincoln’s Inn, where he lectured on ‘Law-French in Statutes’. His subsequent appointment as Double Reader suggested he could anticipate elevation to the bench. In 1510, he received his first judicial appointment as one of two Under-Sheriffs of London, hearing criminal trials in the Sherriff’s Court, Guildhall and acting as official counsel to various City bodies. He earned the respect and affection of the City for his fair and quick decisions and his habit of occasionally remitting the fees that the litigants were expected to pay. There is, however, another side to More’s legal character, which is revealed by his involvement in the ‘Hunne Case’. This controversial and notorious litigation involved a direct attack on the authority of the Catholic Church. It may even be taken as an indication of the Protestant reformation yet to come in England.

 

Richard Hunne was a wealthy Whitehall tailor who refused to make a customary offering to his local rector. His case was taken to Lambeth Palace, where Hunne was adjudged to be at fault. Still he refused to pay. On Hunne’s next attendance at his parish church, the priest (Thomas Dryfield) excommunicated him with the words ‘Hunne thou art accursed and thou standest accursed’. Exiled from his community and with his mortal soul at risk, Hunne hit back. He issued a writ of praemunire accusing Dryfield and his assistant of slander. By invoking the Praemunire Act of 1393, Hunne was asserting the king’s superiority over papal authority and clerical courts, as the final arbiter of his subject’s rights. He argued that the church authorities had no right to claim his property and further that the hearing at Lambeth Palace took place before a ‘foreign and illegal bar.’ The ecclesiastical authorities responded by charging Hunne with heresy and imprisoning him in the Lollard’s Tower. It seems to us like a fabricated charge; except, that Hunne did have Lollard sympathies and connections. His father-in-law was an evangelist in that cause. It may even have been Hunne’s Lollard beliefs that prompted him to challenge the legitimacy of the offering in the first place. The case had a sensational outcome as Hunne was found hanged in his cell before he could be brought to trial. The Church authorities said that he hanged himself; whereas, the Coroner’s inquest determined that Dr Horsey the bishop of London’s Chancellor had murdered Hunne. The public furore that followed was exacerbated by the Bishop of London’s decision to convict Hunne of heresy posthumously. His remains were exhumed and ceremoniously burned at Smithfield along with his books. Hunne’s death and the denial of secular justice against his murderer raised serious questions about the rights of clerics to be tried only in Church courts. The matter was considered so important that it was debated in parliament and in convocations. The king himself initiated a number of debates on the Hunne case and its consequences.

 

More was involved in the case. He attended a conference with the king where Hunne’s death was discussed. He was also present when the ecclesiastical judgement was passed on Hunne’s body. More was later to write ” I know it from top to toe. I suppose there are not many men who know it better.”[7] Afterward, he wrote a colourful and amusing account of the conference with the king, in which he ‘goes to great pains’ to defend the Church from ‘each and every criticism’ and concludes that Hunne committed suicide when he realised his praemunire suite had failed. “There is no reason to believe that More was deliberately misrepresenting the truth he was only putting what was natural to him in putting a lawyers gloss on ambiguous circumstances.”[8] Whilst, they must not mislead the court or conceal relevant information, it is not unusual for lawyers to put a positive spin on a weak case. After all, their professional duty is to their client and not to a search for truth. The jury (or the court in certain circumstances) are the sole arbiters of truth. What is disturbing, however, is Ackroyd’s explanation for More’s conclusion, which he suggests was based on More’s personal beliefs rather than the merits. “Lawyers are not necessarily supposed to be devout or principled except in the minutiae of legislation but for More the law was a central image of natural reason and authority. It furnished the principles which governed his behaviour in the world, established upon order in all its forms.”[9] If Ackroyd’s is right, More’s apparent loss of objectivity goes beyond putting a positive spin on a weak case; it perpetuates an injustice. The fact that More admitted he did not shrink from mendaciolum (a small lie) suggests how difficult and tricky he could be.[10]

 

‘A man for all seasons’

We know from More’s published works (poems, epigrams, polemics, letters and books) that he was well able to express his opinions and emotions on parchment or in print. Although his style was more Chaucer (bawdy, earthy) than Spenser (poetic), he had a flair for drama, and used his literary skills to educate rather than to entertain. It was while he was studying at Oxford and later in the Inns of Court that More came increasingly under the influence of a group of literary clerical scholars, known collectively as English renaissance humanists. He was well acquainted with the Latin grammarian John Holt and he studied Greek under William Grocyn, the first Englishman to teach it. Later he became associated with Thomas Linacre the eminent physician and scholar, and with the erudite John Colet. The term ‘renaissance humanism’ does not denote that these learned clerics and others like them held a common philosophical position, since they did not. Their appellation as humanists is derived simply from the fact that they studied a cluster of scholarly disciplines comprising grammar, rhetoric, history, poetry and ‘moral philosophy’. Classical Latin and Greek were the languages of these men. It is possible, that More’s association with such erudite ecclesiastics caused him to contemplate swapping a temporal career for a spiritual calling. At any rate, at the turn of the century he abandoned his legal practice and entered the Carthusian Monastery at Charterhouse, just outside the city walls, where he remained for four years as a lay member, participating fully in the spiritual life of the monks without taking holy orders. Eventually, the call of his temporal ‘work in the world’ proved too enticing for More the practical man. He left the monastery to stand for parliament.

 

The most famous of all northern European humanists was Desiderius Erasmus (the ‘prince of humanists’), whom More met and became friends with in 1499. Erasmus described More as a ‘man for all seasons’ due to his ‘affability and sweetness of character’. In 1516, he published More’s most celebrated volume ‘Utopia’, which in its structure and content reveals the author’s humanist leanings; as does his most controversial book ‘The History of Richard III’. These two volumes are a clear indication of More’s philosophical interest in the contrast between just and unjust kingship, and that his concern was not restricted to the lessons of Richard III’s reign. In a Latin poem written to celebrate Henry VIII’s accession, More highlights the ‘atmosphere of fear and suspicion’ caused by Henry VII’s rapacity, which, incidentally, was an opinion shared by many of More’s contemporaries. Nonetheless, the promise of a ‘golden age’ that accompanied Henry VIII’s accession was the redeeming finale of More’s poem, in which he expressed the hope that Henry would repeal unjust laws and remit unfair debts, and that he would maintain the peace and stability that allowed piety and scholarship to blossom.[11]

 

“One thing pretended and another meant”

I must now turn to More’s ‘History of Richard III, which I will refer to as the ‘History’ from now on. While we can speculate why More wrote it, we cannot dismiss it merely as Tudor propaganda.[12] That is the opinion of professor Richard Sylvester In his definitive study of the History. Sylvester argues that More was neither pro-Tudor nor anti-Plantagenet. He was as much pro-Edward IV as he was anti Richard III. For instance, even as he welcomed the accession of Henry VIII he took the opportunity, in the celebratory poem to which I have already referred, to criticise the ‘oppressive acts and devious dealings of Henry VII. He makes a similar point, albeit obliquely, in the History: “…all things in later days were so covertly managed, one thing pretended another meant, that there was nothing so plain and openly proved but that for common custom of close and covert dealings men had it ever inwardly suspect…[13] More is not here just referring to the reign of Richard III but also to the reign of Henry VII during the period when Perkin Warbeck was a threat to the Tudor hegemony. In Sylvester’s opinion, More has depicted Richard as a cacodemon because that is what his oral and written authorities told him. He accepted their narrative not because he was biased but because he trusted them. Chief among these authorities was John Morton. He played a big part in the downfall of king Richard and was an eyewitness of some events. He also possessed (in More’s opinion) ‘the very mother and mistress of wisdom and deep insight into the political world.[14] The fact that Morton died in 1500 and that More did not begin composing the History until about 1513 (leaving it unfinished around 1518-20) raises interesting questions about Morton’s contribution. What did he know? And, how did he contribute to the History?

 

I will deal with the second question first because it raises the issue of authorship. Beginning, with the early revisionist histories of king Richard’s life and reign, some scholars have doubted More’s authorship of either the English or the Latin, or both editions of the History. For revisionists’ the dichotomy between More’s reputation for integrity and his polemical History is explained by substituting the wily and inveterate schemer Morton as the author of (at least) the Latin version. Support for this contention was claimed from a piece of ‘literary gossip’ that appeared in an aside is Sir John Harrington’s book ‘The Metamorphosis of Ajax’ (1596) ‘”…the best, and best written part of all our Chronicles, in all mens opinions; is that of Richard III, written as I have heard by Morton, but as most suppose by that worthy and uncorrupt [sic] magistrate Sir Thomas More…” [15] As Dr Kincaid points out, ‘Harrington was an inveterate gossip, not necessarily to be believed’.[16]

There is, however, better reason for believing that Morton gave More a ‘polemical tract’ attacking king Richard, which the latter probably used as an aide-memoire for his own narrative.[17] Be that as it may, the case for More’s authorship of the English and Latin versions of the History is considered by modern scholars to be unanswerable.[18]

 

On the question of what Morton knew, we must bear in mind that as important as he was, Morton was only an eyewitness to some of the events of 1483. There is much in More’s History that could not possibly have come from him or the clique of Lancastrian dissidents who shared Richmond’s exile and (no doubt) dined with the archbishop at Lambeth Palace. Morton was not, for example, present at Stony Stratford when the Duke of Gloucester arrested the king’s uncle and stepbrother. Neither was he present when the Queen was persuaded to allow her youngest son, Richard duke of York, to leave the sanctuary of Westminster Abbey. Furthermore, Morton is not an eyewitness to the alleged murders of Edward V and his brother.[19] Though, he might well be the instigator of the rumour that they had been murdered. More’s other oral sources included but were not limited to: Sir John More, John Roper, Richard Fitzjames, Sir Thomas Lovell (fought for Richmond at Bosworth), Christopher Urswick (priest and Tudor spy in 1483), Bishop Fox of Winchester (in exile with Richmond), Roger Lupton (Mayor of London) and Sir John Heron (an early adherent to Richmond). When he cites one of these ‘authorities’ or others who occupied similar positions, he usually refers to them in the phrase ‘men say’. The opinion of these ‘wise’ men was much valued by More. He relied on them when balancing different interpretations against each other. Generally, More is not too concerned about the accuracy of dates, names and places since these could be checked later (but never were). What is notable, however, is that he never spoke to anyone at Henry’ VII’s court who had served king Richard or who could even be said to have liked the dead king.

 

In addition to his oral authorities, More had a number of written works available for consultation. Some of these pre-date the History, whilst others are contemporary with it. Pietro Carmeliano was a court scholar during the reigns of Richard III and Henry VII who wrote the ‘Life of St Catherine of Egypt’. He extolled Richard’s princely virtues when he was alive and denounced him as a tyrant when he was dead.[20] Bernard André’ was Henry VII’s official biographer. He wrote ‘Vita Henrici’, in which he to portrayed king Henry as angelic and king Richard as demonic. The sycophant John Rous wrote ‘Historia Regum Angliae’, during the reign of Henry VII. He denounced king Richard as the anti-Christ having previously acclaimed him for his nobility and virtues. Whether or not More used the Chronicles of Robert Fabyan, Polydore Vergil’s ‘Anglica Historia’ or Domenico Mancini’s ‘De Occupations Regni Anglie Per Ricardum Tercium Libellus’ is a matter of pure conjecture.[21] Some of More’s factual inaccuracies suggest that either he did not know of the Second Continuation of the Croyland Chronicle or he had not read it. Even so, it is safe to say that he would hardly have credited a less defamatory portrait of king Richard than the one he describes in the History. In the words of professor Sylvester: “The indictment against the king had been drawn-up by men whose judgement he respected; it’s terms were supported not only by most of his oral informants but also by writers whose version of events had been set down before he began to compose his own narrative.”[22] In early Tudor England there was hardly a voice raised in defence of the last Plantagenet. The official records such as Titular Regius and Richard’s signet letters were almost certainly not available to More. It is only by comparing his narrative with credible contemporary sources that we can test the historical accuracy of More’s History.

 

Although More’s portrait of Richard accurately reflects the opinion current in the courts of Henry VII and Henry VIII and some details can be corroborated by independent records (e.g. the allegation that Edward V was bastardised due to his parents’ bigamous marriage), there are some notable errors and omissions in the History for which there is no excuse. These range from getting Edward IV’s age wrong to naming Elizabeth Lucy as the lady alleged to have still been married to Edward IV when he wedded Elizabeth Butler. However, what Inspector Grant and others overlook in their criticism of More’s History, is that he never claimed it was anything other than a reflection of public opinion in the first quarter of the sixteenth century. Neither did he claim to be more authoritative than his sources. “He asks us not to credit that ‘what men say’ happened, did happen, but that they really said it did happen.”[23]

 

Professor Paul Kendall is not sure whether More ever intended the History to be factual. He suggests that what More learned from his sources, he used to fashion a version of events that satisfied his humanist leanings. “A dramatic boldly performed narrative soaring beyond actualities into art and seek psychological verisimilitude rather than factual accuracy.[24] Writing from a purely literary perspective, professor EMW Tillyard also believed that More’s History was intentionally creative rather than historical. “More’s History transcends the sorting of evidence and abides as a classic record of fundamental human nature”. In Tillyard’s opinion it has tragedy and comedy. “The episode where Queen Elizabeth is persuaded to give her youngest son into the care of Richard Gloucester is more tragic than anything the English drama produced till the great age.” On the comic side, Tillyard draws attention to Dr Shaa’s pre-arranged Sermon at St Paul’s Cross, which descends from high drama to farce thanks to Gloucester’s mistimed entrance.[25] Even so, there is no doubting More’s contribution to the shaping of Richard III’s black legend. He was the first to suggest that Richard had ‘long forethought’ to seize the throne, even before his brother was dead. And it is More’s narrative that names Richard as the prompter and guiding spirit behind all the events that followed Edward IV’s death.

 

Even though More’s reasons for writing the History are wholly obscure now, post-Tudor scholars have repeatedly question his motives and what he actually thought he was writing. For example, Kendall writes that he ‘undoubtedly set about his History for the same reason that according to Falstaff the earl of Worcester rebelled ‘it lay in his way and he found it’.[26] Whereas, Horace Walpole writing in 1768 believed that “[More] wrote his History to amuse his leisure and exercise his fancy.”[27] These seemingly flippant reasons might be closer to the mark than we think. For instance, Peter Ackroyd raises the intriguing possibility that both the English and the Latin versions of the History were written as a rhetorical and grammatical exercise for Oxford students.[28] The supporting evidence for this theory is both circumstantial and cryptic; yet, it does exist. First, there is More’s mysterious reference to a ‘schoolmaster of Poles’ (St Paul’s?): second, there is the fact that one of the extant manuscripts of this work is endorsed with the preface that it was written exercitationis gratia (‘for the sake of practice’). Finally, there is the fact that both the Latin and the English versions comply with More’s own methods of composition and revision, which he also impressed on his children.[29] As Ackroyd notes, More’s humanism had a practical purpose, and as a successful lawyer he was more interested in the practice and usage of advocacy than its theory. It is possible, therefore, that the long and complex debates on the merits and abuses of sanctuary and on king Richard’s royal title, which dominate the History ,are lessons in the art of disputation similar to those experienced by More during his own education.[30] The speechmaking is certainly more reminiscent of an exposition of the law than a record of what was actually said by those present in 1483. “One of the models of its form is clearly Sallust and More had been instructed to teach Sallust at Oxford. He had also recommended that author for his children’s’ reading. And what could be a better way of studying classical rhetoric and vocabulary than to apply them to the description of more recent events” [31] It is equally possible that More’s humanist leanings, his interest in history and in ‘kingship’, and his contact with Morton and the men who had fought King Richard, fuelled a ‘boyish interest’ in the dead king. His own interest in the classical Greek and Roman historians may have encouraged him to emulate them. In particular, he had a deep interest in the accounts of Tiberius’ tyranny, which were written by Tacitus and Suetonius.

 

It is more likely, however, that he wrote the History for a substantial reason other than mere interest.[32] He may have intended it to be a metaphor for his own doubts and his fear of Henry VIII’s instinct for despotism, which was already apparent by the time he was writing the History. He could not make his thoughts plain on pain of death, so his message is more oblique and very cleverly constructed. Nothing in More’s History could be mistaken as applying to Henry VIII. Read literally, it coruscates king Richard’s tyranny whilst justifying the Henrician Tudors as the opponents of tyranny. More’s philosophical and psychological interest in tyranny and government is evidenced by his poems and other written works: especially Utopia. The History may have been an attack on the real-politick of his day. He may even have regarded it as a worked example wherein a ‘good’ monarch would benefit from its powerful depiction of monstrous injustice. Of course the corollary of this was that it might give the potential despot ideas about subtleties of policy, which later generations would identify as Machiavellian. It would indeed be unfortunate if it provided Henry VIII with a convincing illustration of what he could do given free rein to his powers.

 

Whatever More’s reason for writing the History may have been, he put down his quill sometime between 1518 and 1520. He never returned to his manuscripts, which remained unfinished and unrevised; clearly, it was not meant for publication. The reasons for this have troubled Scholars almost as much as More’s reason for picking-up his quill in the first place. There are many different theories, two of which, bear testament to More’s concerns about the Henry VIII despotic tendencies. Sylvester postulates that he might have been troubled by the possibility that it would become a kind of ‘manual’ for Henry if he wished to exercise his will unfettered. More could not take that risk and so the History remained unfinished. Professor Kendall notes that More stopped just as Richmond was about to enter the narrative. At which point it became too dangerous for More to write about Henry VII’s oppression even by analogy. And so, the History remained unfinished and unpublished in More’s lifetime.[33] The third theory is more mundane but equally credible. It is possible that he simply lost interest in the project, particularly if it really was nothing more than a student exercise. Anyhow, by the second decade of the sixteenth century, More might still have been making-up his mind about the role he was to play in the king’s service. His life as a royal servant promised to be challenging, since the king was more often guided by his personal will and appetites than by reason. Although such wilful governance was anathema to More, he was confident of his ability to ‘bend with the wind’, so that what he couldn’t turn to good he could make less bad. He always gave his opinion according to his conscience when asked, but he never opposed the king’s will publicly. In view of the difficulty of maintaining a distinction between his private and public beliefs, it is possible the More simply abandoned the History in favour of his little booklet Utopia, which expertly expressed his own private views of governance and kingship even more obliquely than the History.[34]

 

Finally, it is possible that More became too embroiled with advising the king on the Lutheran texts that were appearing in England around this time. He was one of those who advised Henry on his own written defence of the Catholic faith, which earned him the title ‘Fidei defensor (defender of the faith). More himself took up the cudgel in support of his king, trading insult for insult with Martin Luther in a series of booklets. Compared to the existential threat to the established Church posed by Luther’s heretical doctrine, More may have considered the History a self-indulgent trifle.

[1] Peter Ackroyd – The Life of Thomas More (Vintage 1999) p.31 quoting from E Foss – Judges of England (London 1848-64) p.66

[2] Ackroyd p.28

[3] Richard Sylvester and Davis Harding (Eds) – Two Early Tudor Lives: the Life and death of cardinal Wolsey by Geo Cavendish & the Life of Sir Thomas More by William Roper (Yale 1962) pp.197-98

[4] Ackroyd p.52

[5] Ackroyd p.148

[6] Sylvester (Roper) p.200

[7] Ackroyd p.151; citing The Complete Works of Thomas More (Yale) V6, p. 318

[8] Ackroyd p.152

[9] Ibid

[10] Ackroyd p. 163-164; in a letter to Wolsey, More explains that the post of Canonry of Tournai had previously been conferred on his friend Erasmus, and that as compensation for Erasmus withdrawing from it, a better or greater provision should be made for him. None of this was true, of course, but it illustrates More’s willingness to lie.

[11] Ackroyd p.127

[12] Richard Sylvester (Ed) – The History of King Richard III by Sir Thomas More (Yale 1963) p. lxv and passim

[13] Sylvester (Roper) pp. 81-82 and n82/22 p.262; see also Paul Kendall (ed) – The Great Debate (Folio Society 1965) p.103; Kendall contains a useful modern English version of More’s History.

[14] Sylvester (History) p. lxvii

[15] Elizabeth Storey Donno (Ed) – Sir John Harrington: a new discourse of a stale subject, called The Metamorphosis of Ajax (1596) (London 1962) pp. 107-198

[16] AN Kincaid (Ed) – The Encomium of Richard III by Sir William Cornwallis the Younger (Turner and Devereux 1977) p.iii

[17] Sylvester (History) pp.lix-lxxiii; AN Kincaid (Ed) – The History of King Richard the Third by Sir Geo Buck (1619) (Alan Sutton 1979) Chapter VII passim: Buck said he saw the tract, which is no longer extant

[18] Sylvester (History) ibid; citing RW Chambers – The authorship of ‘The History of King Richard III’ in WE Campbell (Ed) – The English Works of Sir Thomas More (London 1931) pp. 24-53; Kincaid

[19] Sylvester (History) ibid; citing AJ Pollard – The Making of Thomas More’s Richard III published in ‘Historical Essays in Honour of James Tait (Manchester 1933) pp.223-284

[20] Pamela Tudor-Craig – Brochure for Richard III’s biographical exhibition at the NPG 1973. Carmeliano’s ‘Life of St Catherine of Egypt’ was exhibited at the NPG in 1973 (No.100). It is a second copy dedicated to Sir Robert Brackenbury and contains a glowing description of king Richard’s virtues in peace and war (‘…what emperor or prince can compare with him in good works and munificence”.). However, in 1486 in a poem dedicated to the new-born Prince Arthur, he charged Richard ‘the tyrant’ with the murder of his nephews.

[21] Sylvester (History) p.lxxi-lxxv; see also CAJ Armstrong – The Usurpation of Richard III by Dominic Mancini (Oxford 1969 edition) pp. xix-xx. Dr Armstrong discusses the relationship between Mancini and More in which he raises concerns about the provenance of More’s information. The importance of this lies in the fact that Mancini substantiates More ‘on many points’. In fact, More and Mancini are closer to each other than to the Croyland Continuation or to Polydor Vergil. The point is, of course, that they were probably using the same informants. Given that these informants were Richard’s political and dynastic opponents it is hardly surprising that they coincide on some points. What is remarkable is that they don’t agree on much more, since there are some significant discrepancies. Furthermore, as Dr Armstrong acknowledges Mancini harboured an unreasoned animus towards king Richard (that he was all along aiming for the throne) (Mancini p.17)

[22] Sylvester (History) p.lxx

[23] Sylvester (History) p.lxxviii

[24] Kendal p.25

[25] EMW Tillyard – Shakespeare’s History Plays (Penguin 1962) p.38

[26] Kendal p.25; this is a reference to a comment by Sir john Falstaff, a character in Shakespeare’s play Henry IV part 1.

[27] Kendal p.170

[28] Ackroyd p.157

[29] Sylvester (History) p.xii; in a ‘charming’ letter to his children, More admonishes them to write everything in English first ‘for then you will have far less trouble turning it into Latin; not having to look for the matter, your mind will be intent only on the language’. He also emphasises the need for revision to detect and correct solecisms. More was given to the careful revision of his own work, which, as Sylvester points out, may have served as a kind of paradigm for the complex sequence of drafts that were developed in the composition of the HISTORY

[30] Sylvester (History) pp.26-38`; see also Kendal pp.50-62. In the fifteenth century the abuses of sanctuary argued by Buckingham were a bone of contention between the laity and the clergy. By the time More was writing the History the privileges of sanctuary were much reduced.

[31] Ackroyd ibid; Goius Sallustius Crispus (‘Sallust’) (86 BC-35BC), was a Roman historian whose works were noted for their brevity, the use of rare words and unusual phrases.

[32] Sylvester (History) pp. xcviii-xcvix passim

[33] Sylvester (History) pp. cii-ciii; Kendall p.28; who notes the irony of More’s position in that his defamation of Richard III came in part from his detestation of Henry VII’s statecraft.

[34] George M Logan (ed) – Thomas More: Utopia (Cambridge UP 2016, 3 rd edition)

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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.

.

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.

The Maligned Ricardians

Part 2 – Sir George Buck

“The historiographer must be veritable and free from all prosopolepsies and partial respects; he must not add or omit anything, either of partiality or of hatred.”

(Sir George Buck – The History of King Richard III)

 

Introduction

Sir George Buck (1560-1622) faithfully served two English Monarchs in a distinguished career spanning forty years. He was variously a sailor, soldier, diplomat, courtier, Member of Parliament, member of the Privy Chamber and last the King’s Master of Revels from 1610 until shortly before his death in 1622. He was also a noted antiquarian and highly regarded by other leading scholars of his day. The duke of Buckingham thought he was one of the few scholars qualified to compose an English Academy.[1] In addition, he was an author who wrote seriously about serious subjects. He published a number of historical treatises and other works, some of which are no longer extant. Those that we have show him to be a conscientious and thorough researcher and a learned scholar. His work in the Revels office is testament to his literary and gentlemanly qualities; during his tenure he made regulations and strictures about profanity, blasphemy, religious controversy, the presentation of royalty on stage and politically sensitive issues. And yet his notoriety is derived chiefly from the publication in 1646 of his magnum opus, the History of King Richard III, which for convenience I shall call ’Buck’s History’.

 

My idle curiosity about Buck was first aroused by something Paul Kendall wrote in his biography of king Richard III. His poor opinion of Buck’s History seems so incongruous compared to his good opinion of the author and his historical achievement that the circumstances are worth quoting in full: “The first substantial assault [on the Tudor tradition] was delivered about the same time by Sir George Buc (sic), Master of the Revels to king James I and a man of considerable learning and industry, one of whose ancestors had fought for Richard at Bosworth Field. His “History of King Richard III in five books, first published in 1646 and then included in White Kennett’s ‘ Complete History of England’ 1710, is so desultory in organisation as to make for grim reading; it is blundering and uncritical, and as prejudiced in its direction as the tradition it attacks. Yet it is Buc (sic) who first makes use of the manuscript of the Croyland Chronicle to point out some of the inaccuracies in Vergil and More, who seeks sources more nearly contemporary with Richard than the Tudor writers, and who was the first to reveal that the tradition was not inviolable.”[2], Kendall referred to Buck again In his introduction to the ‘Great Debate, describing him as a Yorkist partisan and his History as ‘cumbersome and capricious’.[3]

 

I was at a loss to understand how a man of such learning, industry and achievement could write something so dreadful that Kendal thought it desultory, blundering, uncritical, prejudiced and capricious. Sadly, idleness and not curiosity got the better of me. I did not bother to read Buck’s History until after the discovery of king Richard’s grave in 2012. The recovery of his earthly remains re-awakened my long dormant interest in his life and times. I soon realized that almost every historian who bothered to write about Buck’s History in the three centuries since its first publication shared Kendall’s disdain for it. The list of its faults and deficiencies is far too long for me to catalogue here. At the very least Buck is accused of partiality, of singularity and of being a professional panegyrist. His professional competence and integrity have been attacked by implications that he fabricated evidence and misread his sources. The consensus of historical opinion is that Buck’s History’ is worthless. The sharp contradiction between the good opinions of Buck’s learning and industry and the denigration of his History raises a literary conundrum, which I hope to explain in this piece and thereby showing why Buck’s reputation as a careless and irresponsible historian is undeserved.

 

The History of King Richard III 1646

Dr Arthur Kincaid has no doubt that “ The picture which critics over the intervening centuries have handed down to us of Buck as a careless and irresponsible scholar has attached to him accidentally from two major causes. The first is the carelessness of those who wrote about him and did not seek far enough for his sources.” I pause there simply to point out, as Kincaid does, that there may be many genuine reasons why documents referred to by Buck are no longer extant or cannot be found: fire, vermin and other calamities may have destroyed or damaged some documents, and miscataloguing might result in others being lost, It is worth also briefly referring to one example of the “extraordinary carelessness” of a t least one twentieth century historian when criticizing Buck. It concerns AR Myers’ introduction to the 1973 reprint of the 1646 Edition. Myers gives three examples of what he says is Buck’s unreliability. The first, is an assertion that Buck omitted ‘the crucial’ Latin word (violenti) when quoting from Croyland. Kincaid contends that quite apart from the question of whether ‘violenti’ was a crucial word in the context of Buck’s point, Myers fails to explain that there is no way anybody can ascertain whether Buck actually did exclude the word, since the section of the original manuscript where it would have appeared has been burned away. Myers second point is, in Kincaid’s opinion, “ so blatant an example of either carelessness or perversity on Myers part that it vitiates anything else he may have to say. It is a claim that Buck ‘quotes a statement from Camden that no one has seen since’.” Kincaid comments that, leaving aside the impossibility of proving that ‘nobody has seen a document’, the statement from Camden’s ‘Britannia’ to which Buck referred “ can be most easily be located in that work by looking-up ‘Richard III’ in the index and turning to the page number there listed.” It seems that Myers had not even bothered to check Camden’s ‘Britannia’ for himself. Myer’s third point cannot be investigated, since he cites an incorrect page number.[4] Another notable feature of Buck’s History, which his critics fail to mention is that of the many hundreds of sources he has cited only a handful remain unaccounted for.[5]

 

However, in Kincaid’s opinion: “by far the worst damage to Sir George’s scholarly reputation derives from the amazing alterations made to his work by the mysterious George Buck, Esq., who in the year 1646, twenty-four years after the author’s death published a truncated and heavily revised version of the ‘History’ under his own name.” [6] One gets a feel for just how truncated the 1646 edition is from the fact that it is less than half the length of Buck’s original. As usual, the devil is in the detail and Kincaid goes to considerable lengths to examine that detail.[7]. I can only summarise the changes. Some are stylistic and the work benefits from these since the original tends to verbosity and lacks “grammatical subordination”.[8] Unfortunately, the substantive revisions went too far; brevity was achieved only by drastically summarising important material. The result is a loss of nuance and a briefness that undermines the effectiveness of Buck’s arguments. Any criticism of John Morton is softened. Much of the marginal documentation (equivalent of today’s footnotes) is either omitted altogether or copied incorrectly. Information that Buck obtained by word of mouth (e.g. from the antiquarian John Stow) is reduced to the status of hearsay. Printing and copying errors abound and the younger Buck’s florid style masks the sense of the Buck original. The list of defects goes on.[9]

 

A good example of the damage done to Buck’s original can be seen in the treatment of the famous letter from Elizabeth of York to the duke of Norfolk in which, inter alia, she expressed her concern that Queen Anne would never die.[10] In his original manuscript, Buck is responding to the accusation that Richard murdered his wife and afterwards proposed marriage to his niece, Elizabeth. He offers this letter as a supplement to his main point that Richard had no reason to murder Anne if he wished to re-marry; he could have divorced her. The letter is merely indicative of Elizabeth’s youthful naivety in not realizing that a man did not need to kill his wife in order to re-marry. In the original, this letter is not offered as proof positive of anything.[11] In the 1646 edition, the context of Buck’s original discussion is changed. Now, the emphasis is on the accusation that Richard proposed marrying Elizabeth after murdering Anne and that Elizabeth detested the prospect, as if these were the main points to be disproved. The younger Buck then cites the letter as evidence disproving them. Regrettably, he fails to mention that the Sir George Buck had actually seen and read this letter, which was shown to him by his patron Thomas Howard, earl of Arundel, a descendant of the Duke of Norfolk.   It was a crass misrepresentation Buck’s original argument and an omission that would cause later historians to question his integrity.[12]

 

The History of King Richard III 1979

The truth is that Scholars have known of the existence of Buck’s original manuscripts for centuries. However, they seemed to have casually assumed that the original and the printed edition were so similar as not to matter. It wasn’t until the first quarter of the twentieth century that Frank Marcham, whilst writing of Sir George Buck, suggested that “ because ‘the edition of 1646 is nearly worthless,’ and the original ‘contains a good deal of interesting information on literary matters’, the History’ should be carefully edited’”.[13] In the last quarter of the twentieth century Dr Arthur Kincaid produced such a work. His modern edition of Buck’s original manuscripts is both scholarly and comprehensive. From it we get a much more accurate appreciation of Buck’s contribution to the Ricardian narrative and his historiological achievement.

Although Buck was naturally sympathetic to Richard, he approached his ‘History’ like a defence lawyer: on the basis of evidence where it exists, and where it does not exist he attacks the prosecution’s lack of evidence. If he cannot exonerate Richard, he mitigates on the basis of precedent or raison d’état. His prolixity, which some complain of, is deliberate. It is a lawyerly characteristic, which though annoying to those who like a more analytical style, has the virtue of ensuring comprehensiveness by providing facts with explanation, thereby reducing the risk of misunderstanding caused by a casual précis. For example, Buck believes he has already produced sufficient evidence to prove that Perkin Warbeck is actually Richard duke of York.[14] However, more evidence is available if required, which from an abundance of caution Buck includes (abundans cautela non nocet). This was the method by which he constructed Richard’s defence and it was his thoroughness that enabled him, for instance, to be the first historian to recognize the irony underlying Sir Thomas More’s own History of king Richard III. Nonetheless, it is true that sometimes he allowed his enthusiasm too much scope; his long genealogical digressions add nothing to the Richard’s defence. The criticism that his style is pedantic is probably justified.

 

Buck’s research is truly extensive[15]. He uses classical and religious sources as well continental ones, which he deploys as evidence or precedents. For example, when he is arguing that the historic judgment of Richard is unduly harsh compared to the judgments passed on other kings who committed the same or worse acts, he uses Henry IV as an example of a king with a good reputation who actually deposed an anointed king and usurped the crown. Of the Tudor sources, he relies primarily on Thomas More and Polydore Vergil, supplemented by cross-references to the likes of Rouse, Fabyan, Grafton, Hall and Holinshed. He also trusted his friend, the antiquarian and historian, John Stow who was a discerning and relatively objective source with whom Buck could discuss his work.

 

Buck’s best contribution to the Ricardian debate is his use of the second continuation of the Croyland Chronicle to undermine the veracity of the Tudor tradition. The importance of Croyland lay in its independence from Sir Thomas More and the official Tudor sources. Buck was also the first to use Titulus Regius to prove both More and Vergil wrong about the basis of Richard’s title to the crown[16]. His documentation was methodical. He indicated in the margins of his manuscript all his primary sources and their whereabouts. He made a point of seeing sources for himself; where that was impossible, he quoted trusted colleagues who had seen the relevant source (e.g. Sir Edward Hoby who had seen Morton’s polemic).

 

Buck’s ethical approach to historiography is described in his dedication: The historiographer must be veritable and free from all prosopolepsies and partial respects; he must not add or omit anything, either of partiality or of hatred.” As Dr Kincaid observes that is an ethical standard any historian would be proud of.[17] Buck had no interest in concealing the truth. His motives are charitable, since he believed that all historians should show charity. He wrote the History of King Richard the Third because he believed the common chronicles were wrong. The accusation that he was uncritical, is not only unfair it is also untrue. He fully appreciated the difficulty of judging the reliability of sources. He had this general advice for those following Tudor sources: “And I advertise this by way of caution, because they that read their books should be well advised to consider and examine what they read, and make trial of such doubtful things as are written before giving credit unto them” and later “ For it is a hard thing to find that prince’s story truly and faithfully written, who was so hateful to the writers then; for when they wrote they might write no better. And therefore, these reasons being considered, their writings must be regarded and the author’s censured.[18]

 

His handling of Thomas More is an indication of his critical alertness and advocacy skills. He was the first historian to realise that More writes ironically and that if one ignores the irony and takes the statements seriously, a more sympathetic picture of Richard emerges; one that is much more in accord with the objective records we have of his life and reign. For example, in the scene where Buckingham, with the citizens, begs Richard to assume the crown for the common good, More writes: “These words much moved the protector, which else as every man may wit, he would never in likelihood have inclined to the suite.”[19] In writing this, he means the opposite. He is writing with what Kincaid calls a ‘knowing sneer’ at Richard’s dissimulation. Buck habitually disregards the sneers, and quotes More as if he wrote in all seriousness. By this means, he uncovers the basic matrix of fact upon which More’s History is based. As Kincaid writes: “The facts remain stable; only the interpretation varies, as Buck demonstrates. More chooses to attribute to these facts vicious motives, Buck to apply charity. Any good deed, Buck says, may be depraved by a foul interpretation.”[20] Nonetheless, and despite his undoubted accomplishments, it would be wrong to think that Buck was perfect, because he wasn’t. He made mistakes; some were inconsequential, others were crass but none were dishonest or malicious.

 

He got into a muddle about Bishop Stillington’s part in the pre-contract scandal. Having quoted Commynes that it was Stillington who told Richard that his brother’s marriage to the widow Elizabeth Grey was bigamous because Edward was already married to another English lady (Lady Eleanor Butler, nee Talbot),[21] he got the chronology wrong. In Buck’s History, The Talbot family complained to Stillington about the wrong done by Edward to Lady Eleanor and her family, and sought redress. Stillington agreed to intercede with the king on their behalf; however, he was afraid to speak to Edward direct and raised the matter with Richard, then duke of Gloucester. Buck describes what happened next: “…the duke of Gloucester dealt with the king about this business, but he could do no good for all the affect thereof was naught, and that was that. The king grew exceedingly wrath with the bishop of Bath for revealing his marriage.” The outcome was a bad one for Stillington as he was disgraced and imprisoned; although, “not long after king Edward died.”[22] Dr Kincaid cannot say where Buck got this story. He suggests that it may have been something Stow (or somebody like him) had said or he may have constructed a plausible chronology from the few known facts, or he may simply have been “indulging his taste for elaborating dramatic scenes from meager suggestions.” Be that as it may, Buck’ s account is hardly credible since his own source, Commynes, makes it clear that Stillington told Gloucester about the pre-contract after the death of king Edward IV.[23]

 

It would be equally wrong to ignore the allegation that Buck is biased. Kendall thought he was. In his Ricardian biography he said Buck was prejudiced; later, he called him a Yorkist partisan.[24] The fact is, Buck is not a disinterested observer: how could he be? He came from a Yorkist family. His great grandfather was wounded at Barnet and killed at Bosworth fighting for Yorkist kings. His grandfather and his father had been taken under the wing of the Norfolk Howards who were also Yorkists by affiliation and temperament. Buck’s dislike of John Morton has an edge of loathing that only a confirmed Ricardian could replicate. He makes his views known in the opening paragraph of Book three: “…some politic and malicious clerks hating king Richard and seeking to be gracious to his enemies employed their wits and their pens to make king Richard odious and abhorred, and his memory infamous forever…for this purpose they devised and divulged many scandalous reports, and made false accusations of him. And they made libels and railing pamphlets of him…And so vehement and constant they were in their malicious prosecution thereof, as that they did not only defame and belie him in his lifetime, but as farforth as lay in them, they persecuted even his shadow and his ghost and they scandalised extremely the memory of his fame and name.” [25] However, despite his personal aversion to Morton, Buck remains true to his own creed and uses only evidence, particularly Titular Regius and the virtually contemporary second continuation of Croyland, to prove the factual errors of the Tudor tradition.

 

The question of the authorship of More’s History

It is not essential for my limited purposes to consider the question, of who wrote More’s History. However, it is a loose end, which in an earlier post I promised to deal with. We need not doubt that Buck believed that Morton wrote a polemical ‘book’ in Latin about king Richard. We have Buck’s word for it in a passage wherein he describes Morton as “…a good clerk who made his pen the weapon and instrument of his malice and of his rancour and of his hatred. And for this purpose he made a book in Latin of king Richard and reported his acts and charged him with many foul crimes and aggravated them. And on the other side he extenuated or suppressed all his virtues and good parts. And this book of Dr Morton came afterwards to the hands of Mr More.”[26] Neither, should we doubt that Buck thought that More had edited and adapted Morton’s book and added a bit to it before publishing it; we have Buck’s word for that also, in a subsequent passage: “…and this More having been a servant of Morton…accordingly, he translated and interpreted and glosed (sic) and altered his master’s book at his pleasure, and then he published it.”[27] And we cannot doubt that Morton’s book existed, since Buck’s closest friend Sir Edward Hoby (1560-1617) told him so. In a marginal note to his original manuscript Buck wrote: “This book was lately in the hands of Mr Roper of Eltham, as Sir Edward Hoby, who saw it, told me.[28] These comments and other circumstantial details have raised doubts about the authorship of More’s History (I shall continue to call it that) in the minds of some historians.

 

Professor Richard Sylvester in his definitive modern edition of More’s History has examined this issue carefully. [29] He is at pains to distinguish questions about the accuracy of More’s History from those about its authorship. This is important because the controversy surrounding the life and reign of king Richard and More’s account of that time is so inflammatory that any analyst commenting on these issues needs to keep a cool, objective head. First, we have what Sylvester calls ‘literary gossip’ in Sir John Harrington’s ‘Metamorphosis of Ajax” (1596): “ the best and best written part of all our Chronicles in all mens opinions; is that of Richard the third, written as I have heard by Moorton, but as most suppose by that worthy, and uncorrupt Magistrate Sir Thomas More.” [30]Next we have another marginal note written by Buck. This one is next to the entry for bishop John Morton in Buck’s copy of Francis Godwin’s “Catalogue of the Bishops of England’. It reads thus: “This Morton wrote in Latin the life of K.R.3, which goeth in Sir Thomas More’s name — as S. Ed. Hoby saith & that Sir William Roper has the original.[31] Last, we have an assumption that there are passages in More’s History, which he cannot possibly have written as he was a child at the time when the events described occurred . For example, there is a scene in the Grafton texts that appears to prove the author was present at Edward IV’s deathbed. [32]

 

I will deal with the last point first since it is a non sequitur. The fact that More could not have been present at some of the events he describes does not prove he was not the author. It serves only to confirm that he was not writing as an eyewitness. Harrington’s comment and Buck’s note in Godwin can be dealt with equally briskly since neither comment is proof of Morton’s authorship. In fact, they both emanate from the same source. Sir Edward Hoby was a fried of Harrington and buck’s closest friend: he is almost certainly the source for both these comments.[33]

 

The evidence against Morton’s authorship when taken together is almost overwhelming. First there is the objection that he could not have written any of the extant versions of the texts, since they contain details of events that took place after his death in 1500 (e.g. Tyrell’s confession in 1502). There are also stylistic similarities between More’s History and his other literary works, which suggest he is the author. Sylvester suggests “ …the man who could describe Pico’s complexion as ‘entermengled with comely ruddes’, was probably the same man who described Jane Shore walking through the streets of London’ while the wondering of the people caste a comely rud in her cheeks.” Of course, this argument by analogy might be inconclusive were it not supplemented be the testimonies of Halle (1458) and Bab (1557), A Scham (1552) and Harpsfield (1556) along with Rastell and Stapleton (1588) who all acknowledge More as the author.

 

Fortunately, Sylvester has an explanation that is much more sensible. He argues that Morton was an important source for More but he was not the only one. More may well have used part, or all, of Morton’s uncompromising tract as a source of information but he did not incorporate it wholesale and claim credit where it was not due. Such an opinion is not inconsistent with what Buck says himself. It is noteworthy also that More’s History was never finished, which may explain why he never mentioned it. He never mentioned any of his other literary works so why would he bother to mention an unfinished manuscript? It is impossible to escape the conclusion that More probably only used Morton’s polemic tract about Richard as a source of information in his own work.[34]

 

Conclusion

The solution to this literary riddle is now obvious to me. The criticism aimed at Buck and his History is based on what is a fake copy of his original, which was cobbled together well after Buck’s death. On that basis, the criticisms are justified since it is not even a good fake. However, now that original manuscript of Buck’s History is easily accessible in the form Buck intended, we get a much better idea of its merit and its flaws. As a defence of king Richard it is undoubtedly showing its age. Not only are Buck’s language and his writing style three hundred years out of date, he got a few things wrong. His History has been overtaken by the march of time and the discoveries made about Richard’s life and reign, about which Buck could never know.

 

Nevertheless, Buck’s achievement is impressive. He was the first Ricardian to use the second continuation of Croyland and Titular Regius to prove the falsehood contained in More’s and Vergil’s histories. Not only that, but the core of his defence of king Richard still forms the basis of Ricardian literature today. That is not to ignore Buck’s weaknesses: he was partial, he made mistakes and he loathed Richard’s accusers. He was the unashamed defence lawyer who believed passionately that his client’s had suffered a historical injustice and that his reputation was worth defending. However, he built that defence on evidence rather than innuendo, gossip and rumour.

 

[1] AE Kincaid – Dictionary of National Biography online version.

[2] Paul Murray Kendall – Richard the Third (Geo Allen & Unwin 1955) at pp.427-428

[3] Paul Murray Kendall (Ed)- The Great Debate (BCA edition 1965) pp. 7-9

[4] AE Kincaid (Ed) – The History of King Richard the Third by Sir George Buck (Alan Sutton 1979) pp. xcvii-xcviii

[5] Kincaid pp.cxii-cxiii; of the many hundreds of Buck’s sources, Dr Kincaid identifies eight (“not counting commonplace books and collections of proverbs”), which cannot be found. Of these eight, less than half are of material importance. They are: (i) the letter from Elizabeth of York to the duke of Norfolk concerning her marriage, which Arundel showed to Buck, (ii) a polemic tract about king Richard written by Morton and reputedly the source of Sir Thomas More’s ‘History of Richard III, which was seen by Sir Edward Hoby and (iii), ‘an old manuscript book’ referencing a plot by Morton and Margaret Beaufort to poison the Princes.

[6] J Petre (Ed) – Crown and People (Richard III Society 1984) p247. (Crown and People). George Buck Esq was Sir George Buck’s nephew. he was a man of straw and bad character who  came into possession of Buck’s original manuscript following a dispute over Buck’s will. Nephew George published Buck’s History as his own, along with some of Buck’s other writings.

[7] Kincaid at chapters 5 and 6, pp. Ixiv-ci; Dr Kincaid examines most, if not all the relevant changes to Buck’s text and sources of criticism in a detail I cannot emulate.

[8] Crown and People; ibid

[9] Kincaid; ibid

[10] Kincaid, p191

[11] Crown and People, p249; it is possible that Buck’s main reason for mentioning the letter was to compliment Arundel on his wonderful collection of documents; perhaps he shouldn’t have bothered. Correspondence between Dr Alison Hanham and Dr Arthur Kincaid in the pages of the Ricardian during 1987 and 1988 has raised the possibility that Buck had himself misunderstood the letter.   Dr Kincaid has suggested that Elizabeth was indeed referring to her ‘hoped-for marriage’, but not necessarily with king Richard. Buck may have confused ‘mediating with the king’ for ‘marriage to the king’. The judicious placement of a comma makes all clear. See Annette Carson – Richard III: the maligned king (The History Press 2013) at pp. 297-303 for a comprehensive discussion and analysis of this point and also Dr John Ashdown-Hill – The last Days of Richard III (The History Press 2010) at pp.32-33 for a discussion of Richard’s negotiations for a Portuguese marriage after Anne’s death.

[12] See Kincaid pp. xc-xciv and Crown and people ibid

[13] Kincaid at p xcix, citing Frank Marcham – The King’s Office of the Revels 1610-1622 (London 1925) at p3.

[14] Kincaid at p 160

[15] Kincaid at pp. cviii-cxviii provides a detailed analysis of Bucks sources and his documentation

[16] Buck referred to Titulus Regius in his 1619 manuscript, which was not made public in its truncated form until 1646 and in its correct form until 1979. It was the historian John Speed who first drew public attention to Titulus Regius in his ‘History of Great Britaine (1623)’

[17] Crown and People at p248

[18] Kincaid pp. 125-126

[19] Richard S Sylvester (Ed) – The History of King Richard III by St Thomas More (Yale 1963) at p.79

[20] Kincaid pp. cxx-cxxi and 127

[21] Phillip Commynes: memoirs (Penguin 1972) at pp.353-354.

[22] Kincaid pp.183 and 184

[23] Kincaid p304, notes 183/44-184/9; there is nothing to substantiate the story that Stillington revealed the pre-contract to anybody before Edward’s death, or that his imprisonment in 1478 was due to his knowledge of the pre contract, or for revealing it to Clarence. The bishop’s imprisonment may have been due to an association with Clarence, as suggested by Kincaid. But it is more likely to have been for his criticism of the lack of due process at Clarence’s trial. See also MA Hicks – False, Fleeting Perju’d Clarence (Alan Sutton 1980) at pp.183-184. For a different theory see John Ashdown-Hill – The Third Plantagenet (The History Press 2014) at pp.141-146.

[24] The Great Debate; ibid

[25] Kincaid p120; Kincaid suggests that Buck’s dislike of Morton may have been exaggerated to deflect blame from Henry VII, from whom James I was directly descended. He overcame his difficulty by flattering James about his ancestry. By this means Buck achieves two things. First, he establishes that the breach in the English succession caused by Edward IV’s marriage, was repaired by Richard III and second he restores Richard to his proper place in history by not depicting him in his traditional role as the disruptor of the succession but as the restorer of it.

[26] Kincaid p121

[27] Kincaid; ibid

[28] Kincaid; ibid at 129v

[29] Sylvester at pp. Iix-Ixiii and Ixv-Ixvii

[30] Kincaid p.ciii; citing Elizabeth Story Dono (Ed)-Sir John Harrington; the Metamorphosis of Ajax (London 1962) at p 107f;

[31] Kincaid p. ciii, citing Francis Godwin – Catalogue of the Bishops of England (1601) p.5

[32] Sylvester pp. Ix-Ixi

[33] Hoby was probably Buck closest fried and comrade from their service together on the Cadiz expedition

[34] See also A E Kincaid and J A Ramsden – The Encomium of Richard III by Sir William Cornwallis the Younger (Turner and Devereux 1977) at p.vii

 

The Tragedy of King Richard 111 (not by William Shakespeare)

Part 7 – Long live king Richard, England’s worthy king!

“ Cousin of Buckingham and sage grave men,

Since you will buckle fortune on my back

To bear her burden whe’er, I will or not

I must have patience to endure the load

(William Shakespeare)

 

“ Touched you the bastardy of Edward’s children?”

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[1], Dr Shaa preached to the dukes’ of Gloucester and Buckingham, and a ‘huge audience of lords spiritual and temporal[2] on the illegitimacy 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, objective chronicle accounts of what was said between 22 and 26 June 1483. The chronicles that we do have are, to quote Paul Kendall, a “mosaic of conflicting detail “[3]of king Richard’s title to the throne.   This is in marked contrast to the certainty and clarity of the parliamentary roll and Titulus Regius, which set out the chain of events and king Richard’s title with admirable certainty and clarity. However, some historians believe that Titulus Regius is a fraud that was only enacted because the members of parliament were coerced. So, what are we to think? The best way to answer that question is to begin at the beginning and follow events chronologically.

Dr Shaa’s sermon was not a spontaneous outpouring of public indignation at the illegitimacy of Edwards’s offspring. It was pre-arranged by duke Richard or by others on his behalf to bring to public notice the illegitimacy of the dead kings children and to put forward the duke’s royal title. I think Gloucester’s presence at the sermon is a clear indication of his intention to replace his nephew as king. Though, naturally he was keen to distance himself from the question of deposition at this stage. Mancini describes Gloucester’s actions thus: “…he so corrupted preachers of the divine word that in their sermons to the people they did not blush to say in the face of decency and all religion that the progeny of king Edward should be instantly eradicated, for neither had he been legitimate king, nor could his issue be so. Edward, said they, was conceived in adultery…”[4] The thing to note about this is that it is almost certainly not an eyewitness account. Furthermore, although Mancini does not mention a pre-contract at this point he does refer to one later on, as we shall see. 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. Mancini’s narrative is the only account written during Gloucester’s lifetime; indeed, it is the only extant description of this meeting written in the fifteenth century. Consequently, it cannot be taken literally as a reliable report of Shaa’s sermon. It may or may not be correct. Similarly, the reliability of the two vernacular chronicle accounts is questionable given that they were written two decades after Gloucester’s death at a time when Tudor propaganda against the last Plantagenet was rife.

“ How now! How now! What say the citizens?”

Shaa’s sermon never settled anything; its importance lay in the fact that it set in motion a train of events that were to put Richard duke of Gloucester on the throne with astonishing speed, even by modern standards. Within four days of this sermon, duke Richard was offered the crown. The next day he was king of England. With the exception of Mancini all the other sources refer to a meeting, which took place on Tuesday the 24 June at the Guildhall, with Buckingham in the chair. Present were the Mayor, 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. The audience ‘”…to satisfy his mind more in fear than for love, had cried in small number yea! Yea![5] Following this, Buckingham left. Fabyan and the London Chronicles also report this meeting. Indeed, Fabyan said that Buckingham was so eloquent that he never even stopped to spit.

“ We heartily solicit your gracious self to take on the charge and kingly government of this your land”

Mancini does not refer to a meeting at the Guildhall with the Lord Mayor and citizens of London. Instead, he refers to a speech made by Buckingham to the lords on the 24 June, in which Buckingham argued 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.[6] This is an undoubted reference to a pre-contract, although Mancini has managed to get Edward’s amour wrong.

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

It all happened so quickly that it was natural that some of Richard’s subjects did not fully understand what had occurred. Subsequently, in January 1484, a properly constituted parliament noted the terms of the petition for the record, clarified the king’s title and ratified his succession to remove doubt. Nonetheless, even the constitutional authority of parliament is insufficient for some folk to accept the propriety and the legality of king Richard’s succession. Professor Charles Ross has no doubt that Titulus Regius was a “highly tendentious piece of propaganda (which) failed to carry conviction at the time and has not stood up under modern scrutiny.” [7] If ever that eminent and learned professor has made a sillier comment, I have yet to see it. Not only has he got the 15th century matrimonial law wrong and underestimated the nature of a parliamentary statute but also his analysis defies common sense. I am not going to enumerate the professors many misconceptions because others have long since consigned his comments to a metaphorical dustbin. The arguments against king Richard’s lawful accession only makes sense if you prefer the ex post facto chronicle accounts, comprising elements of hearsay, propaganda, rumour and plain old tittle-tattle, to a solemn parliamentary statute, which is contemporary with events and has the supreme force of English law, superseding judge-made canon law and common law. Anybody who takes the trouble to read the Parliamentary Roll for this parliament together with Rosemary Horrox’s excellent introduction to the Roll will see that this was a mature and thoughtful Act of Settlement, which did not come from Richard but from Parliament itself. Moreover one does not get the sense that the members were forced to come to this decision through fear.

Personally, I believe that king Richard’s intention was to recover the Yorkist vision for the rule of England. On the first day of his reign he spoke to the Kings Bench Justices emphasising the need for them to dispense justice without fear of favour and declaring that all men (and women) are equal before the law (A human right we take for granted now.). Paul Kendall describes his hopes in emotional terms when reflecting the events that had bought king Richard III to this point: “ …thus did Richard try to identify himself with the authentic tradition of his house; thus did he grope to regain the brother he had lost to Dame Elizabeth Grey, Hastings and Mistress Shore and to redefine his loyalty to the Edward he had worshiped as a boy” and “…was it not possible for him to set aside Edward’s heir and yet be truer to Edward than Edward had been to himself?” And further: “ he would succeed his brother to redeem his brothers rule.[8] Sadly, for king Richard and for England his was a reign of unfulfilled promise. He was, as Kendall suggests, an unsubtle man who perhaps had yet to acknowledge the reality that it was “…easier to keep a crown through the exercise of power than by the merits of his rule.”

[1] 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

[2] AH Thomas et al [Eds] – The Great Chronicle of London (London 1938) pages 231-233

[3] Paul Murray Kendall – Richard the Third (Geo Allen & Unwin, 1955) at page 477, note 21

[4] CJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III (Oxford, 1969) at page 95

[5] The Great Chronicle; ibid

[6] Mancini at page 97

[7] Charles Ross – Richard III (Yale edition 1999) at page 91. Professor Ross (1924-1986) was a distinguished scholar. He was a historian and Professor of Medieval History at the university of Bristol (Michael Hicks and Ralph Griffiths were among his pupils). His biography of Richard first published in 1981 has, in most opinions, replaced Paul Murray Kendall as the standard work on Richard. Ross relied on primary sources in preference to the Tudor histories. His declared aim was to portray Richard in the context of his times. Although his writing style is less floral and more functional than Kendall’s, he does provide extensive research and considerable historical of detail about the period.   Whilst in general terms he abjured the confrontational approach of other authors, he is prone to express his irritation with Ricardians in somewhat petulant terms. He is sympathetic to Richard’s plight and his difficulties though ultimately he is against him on the key issue of how he seized and kept power

[8] Kendall at page 226

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