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A SWORD OF EDWARD IV IN IRELAND

The House of York  always had a strong connection with Ireland. Richard Duke of York and his family lived there from a while, sometimes at the imposing Trim Castle (beloved of movie makers from Excalibur to Braveheart) and sometimes at Dublin Castle where George of Clarence was born.  Later, after the battle of Ludford Bridge, the Duke fled to Ireland with his second son, Edmund, while the elder, Edward, hurried to Calais with the Earl of Warwick.

When Edward IV came to the throne, he kept up the connection, and established a mint at Waterford in Reginald’s Tower.  Richard III also wanted to strengthen ties with Ireland, sending a letter to Thomas Barrett, Bishop of Annaghdown, with instructions as to what sentiments the Bishop must impart in a planned  meeting with James Fitzgerald,  the Earl of Desmond. In his letter to the Bishop, Richard commended the actions of Desmond’s father in assisting the Duke of York, saying he felt ‘inward compassion’ for the fate of the elder Desmond, who had been executed ‘by certain persons having the rule and governence there’.

The Irish remained  favourable to the Yorkist cause  even after Bosworth Field, with the uprisings connected with Lambert Simnel and Perkin Warbeck both having connections to Ireland. Many of the soldiers who fought and died at Stoke Field were Irish.

Ireland still retains some ceremonial items given to the town of Waterford by Edward IV, including a sword and maces. These, along with a charter regarding the mint, can still be viewed in the ‘Medieval Treasures Museum’ in Waterford.

 

edward_sword_300_230_c1

(I feel there could be a trip to the Emerald Isle on the cards sometime soon!)

http://www.waterfordtreasures.com/medieval-museum/whats-inside/sword-of-edward-iv

 

 

 

A Yorkist chronicler under Henry VII’s nose?

“Hearne’s Fragment” is a relatively little-known source on late fifteenth century England. It is mysterious in origin, missing in part and not entirely accurate in detail, perhaps using old-style years?

To begin with, it gives Edward IV’s birth year as 1440 and errs in those of his brothers as well, although there is another possible explanation for this. It describes Edward’s early life and first reign at some length but says little about Richard’s “constitutional election” (Gairdner) and reign. It also relates how history is being destroyed and rewritten during Henry VII’s reign (Chapter 16): “Oftimes it is seen that divers there are, the which foresee not the causes precedent and subsequent; for the which they fall many times into such error, that they abuse themselves and also others, their successors, giving credence to such as write of (from) affection, (partiality) leaving the truth that was in deed. Wherefore, in avoiding all such inconveniences, my purpose is, and shall be, [as touching the life of King Edward the Fourth] to write and shew those and such things, the which I have heard of his own mouth. And also in part of such things, in the which I have been personally present, as well within the realm as without, during a certain space, most especially from the year of our Lord 1468 unto the year of our Lord 1482, in the which the forenamed King Edward departed from this present life.”

This source writes about Hearne’s Fragment and names the most likely writer: Thomas Howard, 2nd Duke of Norfolk. Thomas Howard was born in 1443 and served the Yorkist cause from before the 1469 rebellion. He was given the courtesy title of Earl of Surrey in 1483 and accompanied his father to Bosworth, after which he was imprisoned but restored only to the Earldom in 1489 to undertake various diplomatic duties, such as attending the new King’s daughter’s marriage to James IV. Ironically, he led the English army at Flodden only ten years later, when James was the principal casualty, and was rewarded with the restoration of the family Duchy. He died in 1424 but not before accompanying Henry VIII’s other sister to France for her wedding and presiding over Buckingham’s trial.

As for the absence of material about Richard’s reign, the explanation is surely obvious?

No more chocolate-box boys in the Tower, PLEASE….!

 

And to cap it all, we even have Kittens in the Tower!

Kittens in the Tower

Oh, for heaven’s sake!

Right, there is a famous “story” about one of our 15th-century princes of Wales, specifically Edward of Lancaster (or Westminster), seven-year-old son and heir of Henry VI and Margaret of Anjou. The fame goes that after the 2nd Battle of St Albans, which his side won, his mother asked him to decide the fate of two opposition knights who had been found guarding his father, the captive, rather weak-minded Henry VI. Little Edward chose to have their heads lopped off, even though his father protested. The prince was to eventually come off worst at the Battle of Tewkesbury, at the age of eighteen. (There are various versions of how he died, and at whose hand.)

Royal boys had armour in those days, and there are examples in the White Tower. Was Edward wearing something like this at the time of his supposed seven-year-old bloodthirstiness?

Well, of course, no one knows if the story is true. If it is, the adjective “bloodthirsty” is well earned where Edward of Lancaster is concerned. If it’s untrue, well, he is exonerated. But, given all the ferocious training young aristocratic and royal boys had to go through from the age of seven, he would certainly have already been faced with the brutal reality of medieval warfare. They all were. They learned to handle weapons that could kill, and were shown exactly how to put an end to an opponent. Some idea of this can be seen at http://www.lordsandladies.org/knighthood-training.htm and the following illustrations show more.

quintain - 3stages of knighthood

be master of all this

Imagine our little boys being confronted with such an armoury, and told they will be expected to be master of it all before they’re even men. Imagine them even being sent away to strangers to start learning how to shed blood. Unthinkable.

Like Edward of Lancaster, Richard of Gloucester (the future Richard III) is another example of this same rigorous knightly tuition from the age of seven, and learned every battle skill he might ever need. And he was very good at it. By seventeen he had his own independent command, and took part in the battles of Barnet and Tewkesbury. It was expected of him, and he met the challenge.

The boys in the Tower were Richard’s nephews. The elder was another Edward, Prince of Wales of questionable legitimacy (there are considerable doubts that Henry VI was Edward of Lancaster’s father), and was coming up for thirteen when he and his younger brother Richard of Shrewsbury (aged ten) were ensconced in the royal apartments of the Tower in 1483, after their father’s unexpected death. Both boys would have been well into their training.

They were princes of the blood. They were educated, conditioned with a sense of their superiority and importance, and learning the hows and ways of defending themselves in battle. So, in my opinion, big-eyed, clingy, vulnerable, little golden angels they were not. Yet all we see are paintings that follow the same melted-marshmallow theme.

Do we ever see similar gushing illustrations of little eight-year-old Richard of Gloucester, in exile, clinging to his not-much-older brother George of Clarence after the deaths of their father and another elder brother, Edmund? No. Why? Because there are Tudor pawmarks all over the advent of the nauseating chocolate-box images. For the advent of everything concerning the boys of 1483, in fact. There is no evidence that they were killed at all, let alone by their wicked Uncle Richard. And they weren’t in a dungeon in the tower, they were in the royal palace apartments. Theories of their fate abound, of course, but that is not of concern here. And—whisper it loudly!—the Tudors themselves weren’t without good motive for despatching the boys.

Anyway, if I never see another sugary portrait of these yucky little angels, I will be well pleased.

(On another note entirely, there is another Murrey and Blue post about how portraits can influence us. See https://murreyandblue.wordpress.com/2017/04/17/can-a-picture-paint-a-thousand-words/)

More about the heights of Richard and George….

The heights of the two younger York brothers has always been a mystery. Richard III had always been regarded as the smallest brother, both in height and build, and then Dr John Ashdown-Hill put forward his belief that the middle brother, George, Duke of Clarence, was the shortest brother. Read on….

 

Was the condemnation of George of Clarence a significant example of the abuse of attainder?….

The following is an extract from ‘His Grace the Steward and the Trial of Peers’, by L.W. Vernon Harcourt. 

“The proceedings in the parliament of 1477 against George, Duke of Clarence, afford us with a significant example of the abuse of attainder. Either attainder in this case was unnecessary and therefore improper, or it was resorted to for the purpose of bolstering up the judgment in an irregular trial. I have not discovered any evidence that Clarence was formally indicted, but he appears to have been arrested at Westminster, in the presence of the mayor and aldermen of the city of London, on a charge of treason made by the king himself in a verbose and not very dignified speech.1

“In the ensuing parliament Clarence was arraigned: the king, according to the continuator of the Croyland Chronicle, prosecuted in person: no one ventured to reply but the prisoner. (This last seems a somewhat unintelligent observation.) Certain persons were brought in by the crown, presumably as witnesses, but from their conduct at the trial many thought they were there to formulate accusations.2 Clarence denied the charges, but the bill of attainder was passed by the lords and commons and received the royal assent.3 

“The Duke of Buckingham was appointed steward of England to pass sentence,4 but execution was for some little time delayed: it was, to be sure, only seemly that the king should exhibit some reluctance about putting his own brother to death.

“The commons finally paid a visit to the upper house and requested by their speaker that the matter might be brought to a conclusion.5 Shortly after, Clarence was done to death. The manner of his dying was never made public; but the story of the wine-butt has at least the merit of being strictly contemporary gossip.6 

1 Chron. Croyland, ed. Bohn, p.479

2 Ibid.

3 Rot. Parl., vol. vi, pp. 193-5

4 Patent Roll, 17 Ed. IV, pt. 2, m. 19

5 Chron. Croyland, ed. Bohn, p.480

6 Mentioned by Fabyan, ed. 1811, p. 666

“Drowned in Malvesay.” Chronicles of London, ed. Kingsford, p. 188.

So, now the questions. Was the attainder of George of Clarence, the brother between Edward IV and Richard III, improper/irregular enough to be questionable in law? Was the court packed with false witnesses? Did Edward have so little real evidence against George that he had to bend the rules? The king had his way back then, of course, but in the present day, could a good lawyer present a convincing case for a mistrial? George might still be attainted and condemned in a second trial, but Edward would have to take more care. And, who knows, he might even have second thoughts about committing fratricide.

And finally, if the original trial was sufficiently improper/irregular, and therefore not lawful, would it mean that Clarence’s son, Edward, Earl of Warwick, was the rightful and legal heir of Edward IV, not Richard, Duke of Gloucester?

I do not believe for a moment that Richard thought any such thing. He saw himself as the rightful king and acted accordingly. In good faith. But L.W. Vernon Harcourt has made me think.

Postscript 26th April 2017: I am adding this because it suggests to me that L.W. Harcourt Vernon is correct to question the legality of George’s trial, because the Commons thought so too. In Judicature in Parlement by Henry Elsyng, Clerk of the Parliaments, I found the following. (Apologies for the Latin, which I can only vaguely follow, but the paragraph that follows it more or less explains.

“[fol. 75] Anno 18.E.4. George Duke of Clarence was arraigned in full Parlement. There is noe mencion therof in the roll but in a manuscript story of that tyme written by a Priour of Crowlande (who was a Pryvye Counsellor to .E.4.) yt is sayd, Tam tristis visa est disceptatio ea habita inter duos tantae humanitatis Germanos. Nam nemo arguit contra Ducem, nisi Rex. Nemo respondit Regi, nisi Dux. Introducti autem errant nonnulli, de quibus a multis valde dubitatur, anAccusatorum, an Testium Officiis sint functi; utra enim Ofrficia in eadem causa eisdem personis non congruent: Diluit enim objecta Dux ille per infitiationem; offerens si exauderi posset manuali defensione tueri causem suam. Quid multis immoror? Parliamentales reputantes auditas informciones sufficere, formarunt in eum Sententiam damnationis, quae ab ore Henrici Ducis Buckinghamiae, pro tempore noviter create Angliae Senescali, prolata est. Dilita est postea diu execution, quoadusque Proculotur Communitatis in Superiorem Camerum cum Sociis suis adveniens, novam eius conficiendae rei requisitionem fecerat, Et consequenter [fol. 75v] infra paucos dies factum est id, qualecunque erat genus supplicit Secrete infra Turrim Londoniarum. Utinam finis mali. Anno Domini 1478 regni vero Regis Ed.18mo./ perAnonymous in bib. Cottonae. [see 1 below]

“Here let us examine, for what illegall proceeding the Commons required this cause to be herde agayne. The author says, none argued against the Duke but the Kinge. This the commons helde to be against Lawe, That the Kinge Himselfe shoulde enforce either Article or Testimonye against a delinquent in a Capitall cause: for yt is inconvenient, that He, whoe is to have the fortfeiture of lyfe, Landes and goods should be accuser, wyttness or Judge. The Commons were present at this Tryall, and considering of the Inconvenience herof, they retourned & made this request, ut supram.

“[1] The ‘book’ was Ingulph’s Chronicle and its continuations (B.L., Ms. Cotton Otho B. XIII). The editor is grateful to Colin Tite for this identification. This manuscript was severely burned in the fire of 1731. We now have available a text based on another manuscript of the Chronicle, formerly owned by Sir John Marsham. This text was included by William Fulman in Volume I of Rerum Anglicarum Scrip;torum Veterum, printed in 1684. The modern edition (Henry T. Riley, ed., Ingulph’s Chronicle and Its Continuations, 1908) is based upon it.”

 

LOOKING FOR A KINGMAKER

Richard Neville, the Earl of Warwick is one of the most colourful and interesting figures of the 15th c. He put Edward IV on the throne, then fell out with him over his “marriage” with Elizabeth Woodville (and Edward’s increased chumminess with the Woodville family to the exclusion of Warwick)  He married his elder daughter Isabel to George of Clarence against Edward’s orders, dangling the carrot of potential kingship in front of George’s face…then, when that didn’t seem promising,  restored the sickly and saintly Henry VI, and came to an arrangment with Margaret of Anjou to marry daughter number two, Anne, to Edward of Westminster,  Prince of Wales. Warwick’s plans and schemes ended when he  died at the Battle of Barnet, leaving no male heirs.

Now it seems that there are some folks trying to discovering some new branches on the Warwick family tree.

https://leamingtonobserver.co.uk/news/search-on-for-ancestors-of-former-warwick-resident/

Actually, contrary to what the article implies, Warwick does have many living descendants  from the union of his daughter Isabel with George of Clarence. He also had an illegitimate daughter, Margaret, who was born some years before his legitimate daughters, Isabel and Anne, maybe when he was around 17/18 years of age.

Margaret seems to have been well looked after and may have even lived in Warwick’s household. She married Sir Richard Huddleston and had three children, Richard, Margaret and Joan. She seemed to be close to her half-sister Anne and was her lady-in-waiting when Anne was Queen. Margaret’s husband died in 1485,  most likely fighting for Richard III at Bosworth. Although Margaret’s son had no children himself, dying in his early 20’s after an abduction (!), her daughters  have descendants who would of course also be of Warwick’s line.

.margaret

Tomb effigy of Margaret, Warwick’s illegitimate daughter

 

warwick

modern depiction of  Richard Neville, earl of Warwick

The truth about Henry VII’s private life….!

hvii-in-drag

Beneath that grim exterior, I always knew there was a glamorous Henry VII trying to get out. Cloth of gold and ermine were all very well, but needed to adorn gorgeous gowns of the feminine variety. I always suspected that he sometimes wore a frock, and that he wanted to fling aside his dull wig and let his long golden locks tumble free. Not that he ever let his Lady Mother find out, of course…

 

 

Medieval kings needed their queens emotionally and physically….

Royal 6.E.vi, f. 375 detail

We are always being told that medieval aristocratic marriages (and indeed most medieval marriages) were arranged and did not feature love. The object was to increase property and lands, enhance a family’s reputation and produce as many heirs as was humanly possible. I pity those women who had a child a year throughout their married life. No modern medicine should anything go wrong, just a sad demise and a husband immediately seeking a replacement.

medieval-childbed

Was it like that? Looking at records you’d certainly think so, yet there are some very famous examples of kings and magnates who fell apart when they lost their queens. I have chosen three  such men, Richard II, George of Clarence and Henry VII . Their marriages were dynastic, or at least arranged for profit, yet the brides seemed to have won these men’s hearts and dependence.

richard-ii-and-anne

Anne of Bohemia wasn’t much of a catch as far as Richard II was concerned, but he chose her over a much wealthier Visconti bride who would have brought a huge dowry and a lot of influence in Italy. Anne, on the other hand, had to be purchased from her brother! She was not a popular choice in England, but by choosing her, it’s almost as if Richard sensed she was the one for him. Yes, a fanciful notion on my part, but the pair were happy together, seemingly from the outset, and when she died he tore down the palace where she had breathed her last. It’s said he would not go anywhere he had been with her, although I think that is probably a myth. He could hardly refuse to go into Westminster Abbey, for instance.

Richard’s interests were in the arts, not warfare, and throughout his life, from being a boy king, he was surrounded my warlike barons and grasping uncles. He was, as the old song goes, “a lonely little petunia in an onion patch”. And those onions were big and generally hostile.

petunia-onion-patch

English history would have been very different if Anne had given him heirs. He certainly crumbled when she died suddenly, descending into a state that is always referred to as a tyranny. The petunia grew gigantic and poisonous, developed thorns and began to weed out the onions, spreading itself swiftly into their vacated places. But Richard went too far. His word was never to be trusted and he made some unbelievably bad decisions, so that he eventually lost his kingdom to his cousin, who became the first Lancastrian king, Henry IV. Had Anne’s gentle influence kept Richard in check? I would guess so. Without her, he went haywire.

george-and-isabel

I would also guess that Isabel Neville had the same soothing effect on George of Clarence, whose notoriously unpredictable and rash temperament eventually led to his death in the Tower, branded a traitor by his brother, Edward IV. The legend of George being drowned in a butt of malmsey may be just a legend, or it might be founded in truth. Did George have a drink problem?

He was certainly a very unhappy man, the middle brother, angry and resentful…and maybe possessed of the knowledge that his elder brother’s marriage was bigamous. That would make George the next trueborn heir to the throne. But the truth never came out, and although he’d misbehaved considerably before Isabel’s death in childbed, he certainly imploded when she was no longer there.

He had married her to get at the enormous inheritance of her father, the Earl of Warwick (whom he also hoped would help him to the throne) but Isabel proved to be good for him. Maybe you will not agree with my assessment of George, but the fact remains that he was never the same again after losing her.

henry-vii-and-elizabeth-of-york

Finally there is Henry VII. He was obliged to marry Elizabeth of York. He’d made a vow before invading England that he would unite the warring houses of York and Lancaster through marriage, and once treachery had made him king, he resented the thought of having a Yorkist bride forced upon him. He delayed as long as he could, until he was told to get on with it. So they were married. What that wedding night was like we will never know, because he was a resentful groom, and she was probably an equally resentful bride. But a son and heir was born eight months later, so they didn’t lie back to back until the morning.

Like Richard II and George of Clarence before him, Henry came to rely on Elizabeth’s gentle influence, and their marriage was certainly successful. She wasn’t the first lady of his realm, his mother had that honour, but Elizabeth was the one who shared his bed…and perhaps his confidences. The one with whom he could relax and enjoy a little welcome privacy.

When she died, he went to pieces. He shut himself away for weeks on end, broken with grief. He was never an easy man, but she had won his heart and his trust, and now he had lost her. The Henry who emerged from hiding was not the same man. All the worst aspects of his character, seemingly held in check when Elizabeth was there for him, now came to the fore with a vengeance. He was cruel, rapacious, spiteful, grasping and hated, and the populace believed he had nothing more on his mind than planning how to screw more money out of them. The royal coffers bulged. The illustration below is probably not far from the truth. He and his notorious henchmen, Empson and Dudley, putting their heads together in some new royal skulduggery or other.

king-henry-vii-of-england-with-sir-richard-empson-and-edmund-dudley-from-the-national-and

Very few mourned Henry when he finally passed away, leaving England in the tender clutches of his son and heir, Henry VIII, from whom all women should have been immunised!

Now, I do not deny that there were love matches in the medieval period—of course there were—but I do not think they were the majority. Most marriages were a case of gradual respect, affection, and if they were lucky, of love itself. I believe Richard II, George of Clarence and Henry VII loved their wives, and once those ladies had gone, the inner demons took over.

 

Richard, the man in blue and ermine….

edward-iv-book

The above illustration is of Edward IV receiving a book from Anthony Woodville. With the king are his queen, Elizabeth Woodville, and his heir, the future Edward V.

Looking at it, I found myself wondering if the man in blue and ermine, third from left, might be Richard III. As Duke of Gloucester, of course. Ermine suggests he has to be of royal blood, which means that it could also be George of Clarence. My search for the answer commenced.

To begin with, when was the illustration painted? After all, George died in 1478, so a later date would eliminate him from the puzzle. Prince Edward seems to be under ten. Seven/eight or so, perhaps? He was born in 1470, so it is still possible that the man in blue is George. Richard remains well and truly in the running, of course.

A Google image search followed, with me examining the “page” of every version of the illustration. That is how I hunted it down to being Lambeth Palace “Ms 265, f.VI v Edward IV, with Elizabeth Woodville, Edward V and Richard, Duke of Gloucester, later Richard III, from the ‘Dictes of Philosophers,’ c.1477 (vellum). It is of Earl Rivers  (Anthony Woodville 1440-1483) presenting his translation of the Dictes and Sayings of the Philosophers to the king and his family.

So, it is Richard!

richard-as-duke-of-gloucester

Now, I do not claim to be the first to discover this. Indeed not, so please don’t think I seek laurels. Not even a pat on the head. To begin with, it has already been positively identified as him. No, I am just pleased to think that I saw something and followed it through to find out I was right. Would I like to be the first to find a new anything about Richard? You bet your bottom dollar!

LORD OF THE NORTH

Richard duke of Gloucester: courage, loyalty, lordship and law[1]

 

“ Men and kings must be judged in the testing moments of their lives Courage is rightly esteemed the first of human qualities because, as has been said, it is the quality that guarantees all others.”

(Winston Churchill 1931)

 

Introduction

I do not suppose there are many men who in their heart-of-hearts would not rather be thought of as brave than by any other virtue ascribed to them. For medieval kings courage was not simply a virtue, it was the virtue: the physical courage to defend their throne was a prerequisite for a successful king, though not necessarily for a good one. As Field Marshall Lord Slim was apt to point out to young officer cadets at RMA Sandhurst, “It is possible to be both brave and bad, however, you can’t be good without being brave”. Slim was making the point that it needed more than battlefield courage to be a good man. Physical courage is important, especially to kings and soldiers, but it doesn’t guarantee a ‘good man’; to be a good man, one also needs moral courage. It was the possession of physical and moral courage, which Churchill believed guaranteed all the other human virtues.

 

King Richard III was a courageous soldier; even his enemies acknowledge that. However, the question is: was he also good man? Broadly speaking, the judgement of history is that he was at best deeply disturbed and at worst malevolent. It is a judgement based largely on the heinous crimes he is supposed to have committed during a six months period in 1483: the usurpation of the throne and the murders of king Edward’s male heirs. Although Richard is said to have committed or been complicit in many other serious crimes, I think it is fair to say that most historians accept that those allegations are not proven, and in one particular case (the death of Henry VI) it may have been more a question of raison d’état.

 

The trouble with this historical judgement is that it contradicts what Richard’s contemporaries said about him in 1483. Dominic Mancini an Italian priest visiting London during 1482/83 recorded what he was told about Richard duke of Gloucester. He is referring to the period after the duke of Clarence’s execution: “…he (Richard) came very rarely to court. He kept himself within his own lands and set out to acquire the loyalty of his people through favours and justice. The good reputation of his private life and public activities powerfully attracted the esteem of strangers. Such was his renown in warfare that whenever a difficult and dangerous policy had to be undertaken, it would be entrusted to his discretion and generalship. By these arts Richard acquired the favour of the people and avoided the jealousy of the queen from whom he lived far apart.[2]

 

Mancini’s testimonial also highlights the incongruity of Richard’s supposed crimes. The contrast between his blameless contemporary reputation and his purported crimes (particularly those after April 1483) perplexes historians; it is a dichotomy they struggle to explain.[3] Most of his critics rationalize it with a good dose of twentieth century cynicism: his good works are disingenuous and his mistakes are evidence of bad character. It is a constant theme of his harshest biographers that his ‘loyalty’ to Edward was feigned; that he was in reality a wicked and ruthless opportunist who was motivated by avarice and ambition. When the chance came, he used his great power — which he had either tricked or bullied from Edward — to usurp the throne and destroy the Yorkist line. It was the Yorkist doom that Edward whether purposely or inadvertently made his brother the most dangerous and the ‘mightiest of over-mighty subjects’.[4] This is, I believe a false and misleading argument, since it rests entirely on their interpretation of chronicles and later Tudor histories that are themselves controversial and of little probative value, being neither contemporary nor impartial. Furthermore, Anne Sutton makes a compelling case for the morality, if not the purity, of Gloucester’s motives, which stands against this modern cynicism.[5] Richard was an extra ordinarily complex human being. We know now that he faced some challenging physical problems and possibly some equally challenging psychological issues.[6] Furthermore, he lived in uncertain times. The circumstances under which he served the king were complex as were the difficulties he had to overcome. Problems of historical interpretation most frequently arise from misguided attempts to simplify his story by overemphasising some facets at the expense of others.[7] It is a defect in Ricardian historiography that cannot be corrected in this article; however, I hope to at least draw attention to the problem as I see it.

 

Inevitably, Richard duke of Gloucester’ was not universally popular: how could he be? His ‘dramatic intrusion into northern society’,[8] coupled with a monopoly of the public offices and the lion’s share of the Neville estates, was bound to ruffle the feathers of those northern magnates and prelates who resented the fact that the king’s largess had not fallen to them, and whose authority and independence were undermined by the presence of an assertive royal duke in northern society. Henry Percy earl of Northumberland, Thomas Lord Stanley and Laurence Booth bishop of Durham disliked him, to name but three: doubtless there were others. Neither do I ignore the possibility that Gloucester possessed human failings typical of active young men throughout the ages; he might have been a little headstrong and impetuous; he was probably also ambitious and possibly even acquisitive. However, these characteristics were no more nor less present in the duke than in any other fifteenth century magnate: certainly not any more than in Henry Percy or the Stanley brothers or any of the Woodvilles, or Margaret Beaufort, John Morton and Henry Tudor; nor indeed was he any more ambitious than any professional historian who aims to do well in his or her chosen discipline. Impetuosity and ambition are not crimes, nor is acquisitiveness. But if he was truly wicked and ruthless and cruel, then nobody who knew him said so at the time. There is a clear distinction to be made between the provenances and the probity of these opposite views of Richard’s character, which affect the weight we should give to each when making a judgement. The favourable opinions were almost all written during his lifetime by northerners who knew him. The unfavourable ones were almost all written after his death by southerners who did not know him personally. Horace Walpole identified the basic problem nearly three hundred years after Richard’s death: “Though he may well have been execrable, as we are told he was, we have little or no reason to suppose he was.[9]

 

It is a matter of historical record that, apart from the last two years, when he was king, Richard duke of Gloucester spent his entire adult life in the king’s service as ‘Lord of the North’. Quite what this meant for him and why it happened are less well appreciated. The term ‘Lord of the North’ embraced not only the duke’s inherited lands in the north and his associated responsibilities as a royal duke and a great magnate, but also a number of official offices held by him concurrently from 1469 until his own coronation in 1483. He was the Lord High Constable of England (1469), Warden of the West March ‘towards Scotland’ (1470), Chief Steward of the Duchy of Lancaster (1471) Keeper of the Forests Beyond Trent and Steward of Ripon (1472) Sheriff of Cumberland (1475) and finally the King’s Lieutenant General of the North (1480 and 1482).[10] The consolidation of Gloucester’s inherited and appointed power was not gratuitous royal patronage. His promotions were acts of calculated policy by Edward. Having twice experienced the threat posed to the crown by the Scots and by his own ‘over mighty subjects’ in the north, Edward determined neutralize those threats by maintaining a truce with James III, and by securing the loyalty of his northern subjects. He wanted Gloucester to lead that vital task for the crown. It was no sinecure but a dirty, difficult and dangerous job, and his responsibility was great, since he was to be Edward’s mainstay in northern England.[11] Gloucester was the ideal man to implement that policy: he was brave, able and devotedly loyalty to Edward. Neither should it be forgotten that if Gloucester succeeded in stabilising the north, it would enable Edward to pursue his regal ambition in France. It is also worth noting, even at this stage, that Gloucester performed his duties so well that he set the standard of excellence for the governance of the north well into the sixteenth century.[12]

 

For all that, we should not exaggerate the scope of his powers or the impact of his achievements. First and foremost, he was only the instrument of his brother’s will. He could not make policy: Edward did that. Furthermore, his powers were constrained by feudal laws, liberties and customs. As a March Warden his military authority was limited to the West March. He did, however, have judicial powers in the West March and in his lands elsewhere by virtue of the king’s special commission as Justice of the Peace ‘es parties des north’. As Dr Rachel Reid points out, although the wardship of the West March was a necessary adjunct to the government of the north, ‘the sign and seal’ of Gloucester’s authority so to speak, and although his commission as a JP empowered him to act in civil and criminal matters, his greatest strength was the authority, power and influence he derived from being the greatest magnate in the region.[13] Gloucester’s estates and official offices gave him unparalleled influence and authority in the north, with the exception of those feudalities wherein the earl of Northumberland was lord; that is to say, in Northumberland and the East Riding of Yorkshire[14]

 

The northern ‘problem’ in retrospect

In the fifteenth century, the northern most counties of Westmorland, Northumberland, Cumberland, and Yorkshire were important because of their proximity to the Scottish frontier. Anglo-Scottish relations were characterised by invasions and raiding, which had affected both populations for centuries. Cross border reiving and lawlessness was deeply ingrained into the English and Scottish border culture. The society was insular and feudalistic in nature and the hatred between English and Scot was mutual. Important though the Scottish problem was, the troubles in the north went deeper. Fifty-one years after Richard III’s death, Robert Aske summed them up to leading Yorkshire denizens at Pontefract “ The profits of the abbeys suppressed, tenths and first fruits, went out of those (northern) parts. By occasion whereof, within short space of years, there should be no money or treasure in those parts, neither the tenant to have pay his rent to the lord, nor the lord to have money to do the king service withal, for so much of those parts was neither the presence of his grace, execution of his laws, not yet but little recourse of merchandise, so that of necessity the said county should either make terms with the Scots, or of very poverty make commotions or rebellions.”

 

The chief problems identified by Aske of remoteness, poverty and lawlessness were present in the fifteenth century and not just in the North. Wales, the West Country and East Anglia were also remote and lawless, and possibly some were poor. However, none of them formed the frontier to a hostile and aggressive foreign kingdom. It was this that made the northernmost counties uniquely important to the security of the realm. That said, not everybody had to sleep with their weapon to hand for fear of Scottish reiving. For instance, Yorkshire was set back from the border counties, ‘If the Scots crossed the Tees it was not a raid but an invasion’ wrote FW Brooks more than half a century ago. [15] Yorkshire’s importance was that it was the largest and most populace county north of the Trent and it was a base for operations against marauding Scots. This was especially true of York, which during the reigns of the first three Edwards served as the royal capital for a time. The fourteenth century division of the border region into West, Middle and Eastern Marches under the control of the two most powerful Northern families (the Nevilles and the Percies) was seen as the solution to the governance problem. The alternative was for the king to keep a standing army on the border, which for financial and military reasons was impracticable.

 

The joint powers given to the Neville and Percy families proved ultimately not to be the complete solution. By the fifteenth century the north was practically ungovernable from London. This was due in part to the deficiencies highlighted by Aske and especially to the ‘absence of the king’s presence (he means royal authority) and his justice in the north’. But that was not the only problem; the feudal nature of border society contributed to the  troubles of  a region that was sparsely populated and economically poor.[16] The trouble with the fourteenth century solution was not so much in the idea as in its execution. The belief that the two most powerful northern magnates could cooperate to ensure the peace and security of the north was naïve to say the least. Good governance foundered on their feuding during peace and their fighting during the Wars of the Roses. Northern gentry of the second and third rank regarded the wars between York and Lancaster as an extension of the Neville-Percy feud. They supported one side or the other based on ancient feudal loyalties, or an assessment of their own self-interest. Their prime loyalty was not to a distant king but to their feudal overlord, or to some other overlord, who best served their interest.[17]

 

Percy power was destroyed at Towton on Palm Sunday 1461. Despite the heavy losses inflicted on the Lancastrians it was not a complete Yorkist victory. The former king, Henry VI, his wife Margaret of Anjou, their young son Edward and a few of their adherents escaped to Scotland where James III gave them refuge and from whence they continued to oppose Edward IV[18]. Meanwhile, Richard Neville earl of Warwick and his brother John Lord Montagu continued to campaign against Lancastrian dissidents so as to secure Edward’s grip on the throne but mostly to cement their own grip on the north. In 1464, a force of ‘loyal northerners’ led by Montagu destroyed the Lancastrian cause at the battles Hedgeley Moor and Hexham. However, as Keith Dockray astutely points out, the ‘loyal northern retinues’ used by John Neville to defeat the Lancastrians were, in point of fact, loyal to the Neville family and not necessarily to the king. They demonstrated this in 1470 when they followed Warwick en block to the Lancastrian side during the Neville inspired rebellion of 1469-70, which started in the north.

 

‘He set out to acquire the loyalty of his people by favours and justice’

It is against that background that I now turn to consider Gloucester performance in the north in the context of the three virtues touched on by Mancini: loyalty, good lordship and justice.  I have added courage to these virtues on the basis that without courage, Gloucester was unlikely to have shown those other virtues .

 

Loyaulté me lie

Mancini’s reference to loyalty is interesting since it is a quality of particular importance to Gloucester. His personal motto was ‘loyaulté me lie’ (loyalty binds me) and it was the creed by which he lived. Mancini is, of course, referring to loyalty in its normal sense of ‘keeping faith’; however, Anne Sutton speculates that it was a word that might possibly have had other, additional, shades of meaning for Gloucester: legality, uprightness, obedience to the law and, maybe, justice. Dr Sutton’s speculation is based on the premise that Gloucester might have been familiar with ‘Piers Ploughman’, a work by William Langland in which loyalty carries those several meanings.[20] It is possible that Gloucester’s motto was subtler than we think, since the nuances of meaning found in ‘Piers Ploughman’ are all consistent with what we know of his character.

 

Whatever Gloucester may have meant by his mottos, it is clear from the contemporaneous records that he laboured hard to safeguard the interests and liberties of ‘his people’. [21] One historian writing in the twentieth century summarised his accomplishments as follows: “ Richard of Gloucester not only restored peace and stability to the north after the upheavals of the 1450s and 1460s but also provided sound government and administration. Frequently working in tandem with Henry Percy earl of Northumberland, he vigorously promoted the cause of impartial justice, whether by enforcing legislation more effectively than hitherto or arbitrating in private disputes[22]; his household council can evidently be regarded as a precursor of the Council of the North; the city of York certainly recognized the value of the duke’s good lordship and support;[23] and Dominic Mancini’s informants clearly left him to believe that Richard had deliberately ’set out to acquire the loyalty of his people through favours and justice.” [24]

 

‘A right high and mighty prince and full tender and special good lord’[25]

The York Municipal and City Records add substance to the view that the duke of Gloucester was a good friend to York and to other towns in the north. There are many examples of his integrity on the record. They demonstrate his personal interest in local affairs and his integrity in using his influence in a private capacity for the common weal. He settled many disputes between the city council and their fellow citizens, between the city council and neighbouring landowners, between citizens, and between towns, all of which were referred to him for advice, assistance or resolution.[26] I have chosen three representative examples:

  • In 1478 he arbitrated a dispute between Roland Place and Richard Clervaux over hunting rights. Neither Place nor Clervaux was a retainer of the duke, but they lived on his estates in the North Riding. Professor Pollard has helpfully reproduced the arbitration agreement written in English under Gloucester’s name and titles. Pollard notes as an afterthought that the ancestors of Place and Clervaux continued to observe a clause concerning the seating arrangements in the parish church, well into the twentieth century.[27] Gloucester obviously took great care over a dispute that some  might  consider trivial. The rights and privileges of each party are defined in minute detail in the agreement, which was probably drafted by  one of Gloucester’s lawyers, since the language is repetitious and typical of legal documents.
  • At the request of the York City Council, Gloucester took steps to have fishgarths throughout Yorkshire inspected to guard against poaching and to protect the regional economy. It was not a petty matter, since the high prices paid for Pike and other fresh water fish provided a significant income for the fishermen and the city.[28] The erection of fishgarths in Yorkshire was regulated by legislation intended to prevent illegal fishing. The City Council spent much time and money trying to eradicate the problem and they were very grateful to their ‘good lord’, the duke of Gloucester for his interest and efforts to stop the criminality. Nonetheless, it was a perennial problem, which was still being recorded in the council minutes in 1484.
  • He mediated in ‘a serious dispute over the result of the York mayoral election of 1482’.[29] There were two candidates for election: Richard Yorke and Thomas Wrangwyshe. York was elected but Wrangwyshe’s supporters would not accept the vote. The argument assumed ‘alarming proportions’ when the city magistrates sent the certification of Yorke’s election to the king.  When  the king heard of the dispute, he stopped the certification process and ordered the pervious  mayor to continue in office pro tem, whilst the election was investigated. The city magistrates turned to the duke of Gloucester for help; he acted so swiftly that within two weeks he had secured the kings approval to confirm York as the mayor. The interesting point is that Wrangwyshe was considered to be the best soldier in York and stood high in the duke’s estimation, being one of his comrades in arms. Nonetheless, Gloucester upheld the honour and dignity of the city magistrates by supporting what he considered to be their just case against his friend[30].

 

 

‘Good and indifferent justice for all’

For all his good works at a local level, it was in his capacity as the leading magnate in the north that he did his greatest and most enduring service for the north. Although the King’s Council in the North was not officially born until late July 1484, it was conceived from Gloucester personal household council during his tenure as Lord of the North. To understand how and why this came about it is necessary to explain, as briefly as possible, the dysfunctional nature of English justice at the time.

 

The problems for those living north of the Trent were as stated by Aske: ‘the absence of royal authority and of royal justice’. The Assize Judges sat not more than once a year; and anyhow, could only act on a formal indictment, which juries habitually refused to present. The breakdown of the judicial system made enforcement difficult and the work of the sheriff and bailiffs became very hard. Although there were some good judges, many were corrupt and in the pay of great lords. These judges gave judgement as directed by their patrons.  Also, juries were  easily corrupted by fear and favour. “ It was…” writes Dr Reid “…the hardest thing in the world to get a judgement against a great lord or any man well kinned (sic) and allied.[31] JP’s could try cases and punish crime at the Quarter Sessions without the need for an indictment, but the reality was that no ordinary court could cure this widespread and systemic breakdown  of  royal  justice.  Previously, the King’s Council had filled gaps by exercising  its  extraordinary civil and criminal jurisdictions through writs of oyer and terminer, to ‘hear and determine’ all trespasses and breaches of the peace, and all causes between party and party’. However, this usually meant the parties going to London, which was expensive and time-consuming. This defect could easily have been remedied by establishing district courts with the same jurisdiction as the King’s Council. However, for some reason, it was a reform that three Lancastrian kings never even considered.

 

But it was in the realm of civil party and party litigation that the want of justice was felt most acutely. Dr Reid argues that the common law “…had hardened in the hands of professional lawyers into a premature fixity and precision and had become incapable of devising rules to govern the transactions of a changing society”; whereby, ‘the poor were placed at the mercy of the rich’. [32] Furthermore, the common law courts were neither sufficient nor competent to protect peoples’ civil rights, which were recognised by law even in the fifteenth century. The development of the Chancery Court and the courts of equity eased the situation for those who could afford to litigate but did not help the bulk of the population and certainly not those residing north of the Trent. The common law lent itself to abuse by the litigious and the malicious. Consequently, there was hardly a transaction of life that could not be litigated. The delays, the cost and the insularism of the courts denied justice to many people. In the absence of the king’s justice, therefore, the household councils of the great lords became progressively the de facto courts for resolving local disputes.

 

These feudal courts had survived longer in the north due partly to its remoteness but also because they filled the vacuum left by the absence of royal justice. They were able to try a range of cases covering personal actions, contractual disputes, trespass, libel, slander, assault, breach of warranty of title and some defamation cases. Moreover, there was no restriction on them determining cases for which the king’s law had no remedy and even if there was a remedy, these seigneurial court could do justice between the parties by consent. For example, by ordering the specific performance of a contract entered into or by protecting a tenant from unlawful eviction. By the fifteenth century, seigneurial courts were, as a matter of course, also hearing complaints against court officials, appeals against judgement, applications for pardon or respite, bills against fellow tenants, and quarrels between tenants and retainers. Useful though they were in providing rough and ready justice, feudal courts had their drawbacks. First, their jurisdiction was limited to the lord’s domain. A lord might arbitrate between his tenants and retainers but it was quite impossible to interfere between a landlord and his tenant no matter how tyrannical the landlord was, unless he was in some way ‘tied’ to the lord. Second, they could not escape the censure  of the king’s  justices, who said that they ‘sacrificed law and justice for interest and favour.’[33] There is probably some truth in this accusation since the importance of patronage in local society was such that it encouraged the preference of personal interest over the law. The problem was exacerbated by the fact that an appeal to the king’s courts was usually beyond the means of most litigants.

 

Of all the baronial councils offering seigneurial justice, Gloucester’s was the most important.  The records show that the governors of York and Beverley and other towns in Yorkshire were encouraged to turn to it whenever they were in difficulty. This was not simply because he was the greatest magnate but also because his council was the most efficient and impartial. It was constituted from the men of his household council who usually met at Middleham Castle in Wensleydale (which, by the way, he insisted on calling his ‘home’). Their primary function was to help the duke administer his vast estates. However, as we have seen the council quickly assumed a very important judicial role as a seigneurial court of requests. Among Gloucester’s permanent councillors were Lord Scrope of Bolton, Baron Greystoke (Scrope and Greystoke were related to the duke by marriage), Sir Francis Lovell his closest friend and comrade in arms, Sir James Harrington, Sir William Parre, Sir Richard Nele, Richard Pygott and Miles Metcalfe. Nele was a King’s Justice of Assize and Metcalfe was the Recorder of York; Parre and Pygott were both practising lawyers ‘learned in the law’. Ad hoc Councillors called occasionally by Gloucester  included Sir James Tyrell (a man of action, used for ‘bold affairs’), Sir Ralph Assheton and (probably) Richard Ratcliffe. The secretary to the Council was John Kendall, son of a loyal servant to the house of York. It was on any view a powerful bench of judges and ‘shrewd men of affairs’. Having said all of that, we must be careful not to overestimate the extent of Gloucester’s achievements. He could neither reform the law to make it more just, nor improve its administration to make justice more accessible. He was unable to alleviate poverty. He was not a liberal reformer and he lived a privileged life that few northerners could even imagine, much less share. And yet he did a wonderful thing; without the need for bloody revolution he made justice more accessible by offering, on a case-by-case basis, “…good and indifferent (that is impartial) justice to all who sought it.“[34]

 

Gloucester demonstrated through his council that he was prepared to remedy an injustice even if he did not have the authority accorded by a strict interpretation of the law; moreover, he was prepared to use his power to enforce a just settlement. The best example of this is his council’s support for custom tenants against bad landlords. In the time of the Lancastrian kings, the judges held that tenants faced with extortionate fines and illegal eviction had no other remedy but to sue the landlord by petition. [35] The common law courts were too rigid and their officials too easily intimidated to be of help. Nevertheless, in 1482, Chief Justice Sir Thomas Brian declared “that his opinion hath always been and shall ever be, that if such a tenant by custom paying his services be ejected by the lord he shall have action of trespass against him’. Brian CJ may, of course, have been expressing his personal view of the correct law as he saw it, which was in contrast to the accepted legal doctrine and practice of the courts. However, there are grounds for thinking that he might equally have been articulating the practice of Gloucester’s household council, which was to treat an illegal eviction by a landlord as a simple trespass. Although we don’t have a written record of such cases, Littleton in his treatise ‘Tenures’ assures us that they did try them.[36] Frankly, it is inconceivable that the council did not hear many petitions and requests from destitute tenants for relief against tyrannical landlords. If they dealt with them in the same way as the ‘King’s Council in the North’ was subsequently to deal with them after 1484, they must have generally upheld the rights of the tenant who had paid his services against the unjust landlord. If so, “ It is easy to understand how Gloucester won the love of the common people beyond the Trent, which was to stand him in such good stead’[37]

 

Lord High Commissioner

In 1482, on the verge of the invasion of Scotland, Edward made a significant change to the governance of the North. He issued a commission of oyer and terminer to Gloucester and Northumberland as ‘Lord High Commissioners’, which effectively combined their household councils. The composition of the Commission is interesting since it included not only Gloucester and Northumberland but also some significant members of their respective councils augmented by two important judicial appointments. However, there is no gainsaying that the bulk of its membership came from men associated with Gloucester’s council. Sir John Scrope of Bolton, Baron Greystoke, Sir Francis Lovell, Sir Richard Nele, Sir William Parre, Sir James Harrington, Richard Pygott and Miles Metcalf were all either legal or lay members of Gloucester’s council; of the remainder, Sir Guy Fairfax (an Assize Judge on the Northern Circuit) and (possibly) John Catesby were associated with Northumberland. The relationship of Chief Justice Sir Thomas Brian and Sir Richard Clarke to either of the Lord High Commissioners is unclear. The significance of this change is that it turned the essentially private function of seigneurial courts into the king’s justice  in criminal and party and party litigation.

 

Officially, the commissioners were the king’s servants and in the absence of the duke and the earl who were off fighting the Scots, the remaining members  took steps to enforce  the kings justice.   Their success in repressing rioting that might otherwise lead to insurrection was such that it served to highlight the continuing and endemic lawlessness, which was partly due to a lack of royal authority and partly to the deficiencies in the law to which I have already referred. They also examined and arbitrated effectively in party and party disputes. This commission was valuable experience for the duke of Gloucester since it served as a model for his futuristic ‘King’s Council of the North’ and the basis upon which he reorganised the governance of the north once he became king. It is a fact that no permanent commission designed to keep the peace and provide party and party justice for northern England was set up during the reign of Edward IV and that “the credit for this most necessary reform belongs wholly to Richard III ”[38]

 

The King’s Council in the North

When Gloucester came to the throne in 1483 he had considerable practical experience of governing in the north and the provision of  justice for all; however, he did not begin immediately to formalise the work of his council. The reasons for this may seem obvious; he was busy dealing with the aftermath of Buckingham’s rebellion and ratifying his title in parliament. It is also possible that he intended to follow the precedent set by Edward IV in 1472 and set up his young son Edward Prince of Wales as the King’s Lieutenant in the North with a council to govern in his name.[39] If that was Richard’s hope, it was to be dashed. Edward Prince of Wales died in April 1484 “not far off Edward’s anniversary.” [40] It was a loss that shook king Richard as nothing else could and for a time he and Anne were almost out of their minds with grief.[41] However, Richard was king and duty-bound to turn his mind to affairs of state.

 

He decided to make some fundamental change to governance in the north. First, he separated Yorkshire administratively from the border Marches.  The earl of Northumberland was appointed as Warden in Chief of the Marches and granted several estates in Cumberland, which made him the  dominant border lord.  It was his reward for acquiescence in Richard’s accession. Next, Richard appointed John De La Pole, earl of Lincoln as the King’s Lieutenant (he had already been nominated as heir to the throne). [42]The king createdThe King’s  Council of the North from his former ducal  council and Lincoln was its first President.  Northumberland was appointed a member of the Council but was clearly subordinate to Lincoln (It was a downgrading that the proud Northumberland took hard, which may explain his treachery at Bosworth a year later.). To make these changes lawful, king Richard issued two permanent commissions: one authorising the Council to sit as Justices of the Peace, the other of oyer and terminer. With these in place, the council had full civil and criminal jurisdictions and was fit to dispense the king’s justice. Richard allocated an annual budget of 2000 marks for the maintenance of the Council, which was to be paid from the income of his northern estates.[43] The council chamber was moved from Middleham to Sandal and regulations drawn up for the council’s conduct, especially, its judicial function. In particular the regulations directed that the Council must sit at least four times a year. The preamble to these regulations captures Richard’s attitude to justice perfectly “…the Regulations as they are here called, proceed to give general directions that no member of the council, for favour, affection, hate, malice or meed (a bribe) do ne speak (sic) in the Council, otherwise than the King’s laws and good conscience shall require but shall be impartial in all things, and that if any matter comes before the Council in which one of its members is interested, that member shall retire.” [44] There is no need to discuss the detailed regulations since Richard’s respect for the law of the land is clear from the above quote.

 

It is helpful, however, to briefly mention one important case that came before the Council, which illustrates how Richard thought the legal process should work. In 1484 there was a riot in York that arose from the enclosure of some common land. Roger Layton and two other men ‘riotously destroyed the enclosure’. After some careful thought the Mayor and Council arrested and imprisoned the ringleaders, and sent their man to learn the king’s pleasure. The matter came before the king’s Secretary and Comptroller, Sir Robert Percy[45]; at the same time Lincoln, then at Sandal was informed. A week later Sir Robert arrived at York with a message from the king. The king was willing that the citizens should enjoy their common pasture; however, he reprimanded them for seeking to recover their rights by a riotous assembly, instead of putting their case to the Mayor and Council. If they failed to get justice there, they should have referred the matter to the King’s Council of the North. And if they failed to get lawful redress there they could lay the case before the king. This message was  a clear indication that the King’s Council in the North was to be a court of first instance. Matters were only laid before the King’s Council of State if the King’s Council of the North failed to do justice.  The Council remained throughout its existence, pretty much as it was in 1484 “ Neither its jurisdiction nor its procedures underwent any serious modification. Such changes as came, were just the changes of time.” [46]  In 1640, the Long Parliament abolished the King’s Council in the North.

 

Courage

This article is not really about Gloucester’s governance of the north, or the state of English justice in the second half of the fifteenth century; it is about moral courage. The type of courage described by General Sir Peter de la Billiére in his introduction to ‘The Anatomy of Courage’ by Charles Moran: “Moral courage is higher and rarer in quality than physical courage. It embraces all courage and physical courage flows from it…it is applicable to business, in law, within institutions such as schools and hospitals. It takes moral courage to stand up against a crowd, to assist a victim of bullying, or to reveal negligence where others would prefer it to remain hidden. Moral courage implies the belief that what you are doing or saying is right, and are willing to follow through your conviction regardless of personal popularity or favour: so easy to expound, so demanding to achieve. In my experience a person of high moral courage will seldom fail to demonstrate an equally distinguished level of physical courage”.

 

The reality is that Richard’s valour in battle, whilst admirable, is not enough to save him from the accusation that he was a bad man. To be given the benefit of the doubt, it is necessary to demonstrate his goodness, with examples of his moral courage and acts of kindness, justice and mercy. That is what I have tried to do in this essay. The examples of Richard’s governance to which I have referred, are merely illustrations of what I regard as his high moral courage. They demonstrate not merely his potential for goodness, but that those who lived under his governance for more than a decade thought he was a good lord.  It is not, of course, a defence against the accusations of, regicide, infanticide, incest and usurpation levelled against him; but then, it can be argued that  an active defence is hardly necessary anyway, since those accusations are only the result of  gossip, rumour and hearsay.

 

[1] I have taken the liberty of borrowing the idea for this title from the book ‘Richard III: loyalty, lordship and law’ (PW Hammond (Ed) (R3 and Yorkist History Trust i 1986). It is an excellent volume containing a number of erudite papers presented at a symposium to mark the quincentenary of king Richard III’s reign.

[2] CAJ Armstrong – The Usurpation of Richard the Third by Dominic Mancini (Oxford 1969 edition) p.65. There is a risk in inferring too much from a single source, especially as Mancini’s narrative is hearsay. Nevertheless, I am using it here for good reasons. First, Mancini provides a truly  contemporary assessment of Richard’s character (See Charles Ross–Richard III (Yale 1999 edition) p. Lvii, for an opinion on the importance of Mancini’s narrative.). Second, Mancini was no friend of Richard’s; he never met or even saw him. What he knew of Richard’s character he heard from others. Third, given Mancini’s animus towards Richard (He assumed that Richard aimed to seize the throne all along.), this unsolicited testimonial suggests there was truth in his good reputation. Finally, there is contemporary, and independent evidence that corroborates this passage.

[3] Ross (R3) pp. Lxvi and 64: professor Ross acknowledges the ‘extraordinary difficulties of the evidence’ (in deciding when and why Richard decided to assume the crown) and assures us that modern (20th century) historians ignore the Tudor tradition in favour of inferring Richard’s character and motives “ …from a close scrutiny of the events themselves without preconceptions.” He further argues that they have a more critical appreciation of the worth of the Tudor tradition, ” …and a certain unwillingness to throw the whole bodily out of the window, especially when it can be confirmed by contemporary evidence.” It is not clear quite how closely the events are scrutinised by modern historians given the ‘extraordinary difficulties of the evidence’ already alluded to. Furthermore, the near contemporary material cannot corroborate the Tudor tradition since they are one and the same thing. Corroboration means evidence independently confirmed by other witnesses. The so-called ‘Tudor tradition’ is no more that an uncritical résumé of the earlier post Richard material and repeats their mistakes.

[4] Ross (E4) pp.199-203; Ross (R3) p.26; Hicks pp.83-86; Anthony Pollard – Richard III and the Princes in the Tower (Bramley Books 1997 edition) pp.83-85; professor Hicks’ angst about Gloucester’s wickedness is so great that he couldn’t resist the following comment: “He was not a great soldier, general or chivalric hero, not a peacemaker, not even a northerner. The great estates he assembled, the north he united and the local tradition he fostered all resulted from a judicious mixture of violence, chicanery and self publicity” (p.85). Gloucester’s ‘dispute’ with Clarence over the Neville inheritance; his behaviour towards the dowager countess of Oxford whilst she was committed to his ‘keeping and rule’, his part in the trial and attainder  of Clarence and his preference for war against France are all cited as examples of his grasping, malicious  and violent  character. The trouble with this opinion is that its validity depends on accusations made after Bosworth by people with an axe to grind and at a time when it suited the Tudors to embroider his shortcomings for their own advantage. For a different opinion see Kendall pp.127-150. It is noteworthy that professor Kendall disregarded the Tudor myth, relying instead on contemporary source material to support his generally favourable interpretation of Gloucester’s behaviour as a duke.

[5] Anne F Sutton – A curious Searcher for our Weal Public: Richard III, piety, chivalry and the concept of the good prince’, published in ‘Richard III: loyalty, lordship and law’ pp.58-90. Ms Sutton’s essay provides an evidenced and balanced view of Richard as a good prince within the medieval context.

[6] Mark Lansdale and Julian Boon – Richard III: a psychological portrait (Ricardian Bulletin March 2013) pp.46-56. Professor Lansdale and Dr Boon offer a number of plausible hypotheses that might explain Richard’s behaviour. Although their professional opinions are necessarily speculative, they do not in my opinion go beyond what might be inferred from the available evidence.

[7] It is interesting (I put it no higher) to analyse the main biographies of Richard written in the last one hundred and fifty years. James Gairdner’s biography (1878) contains 332 pages, of which 52 relate to Richard’s life as duke of Gloucester; the remainder analyse Richard’s reign and the controversies surrounding it. Clement Markham wrote a biography (1898) in direct response to Gairdner’s work. Of its 327 pages, 42 deal with the period 1470-83. Paul Kendall’s biography (1955) is generally positive for Ricardians. Of its 393 pages (excluding appendices and notes), 152 are devoted to Richard as a duke, of those 49 are specifically about his time in the north. Charles Ross’ biography (1999) is — for the want of something better — considered to be the standard work on Richard’s life and reign. It contains 232 pages, of which 39 are devoted to Richard as a royal duke: including 20 pages as ‘Lord of the North’. Finally, Michael Hicks’ biography (2000 revised edition) analyses Richard’s actions in the context of a criminal trial in which Hicks’ prosecutes, defends, and is judge and jury. It contains 199 pages, the story of Richard’s life before April 1483 being compressed into 31 of them. My analysis is, of course, academic since it does no more than suggest that quantitatively, the first thirty years of Richard’s life get significantly less attention than the last two; it does not examine the reason for that. Nevertheless, it suggests to me that Ricardian studies may benefit from a new scholarly biography of Richard’s life and reign. Hopefully, it would be one that emulates in its breadth, thoroughness and objectivity Cora Scofield’s definitive account of Edward IV’s life and reign (including all that ‘merciless detail’ that professor Hicks found so tiresome), and Professor Ralph Griffiths’ equally comprehensive and objective biography of Henry VI. I live more in hope than expectation.

[8] Pollard (R3) p71-73

[9] Horace Walpole – Historic doubts on the life and reign of King Richard III (1768)

[10] Ross (R3) pp.24-26; Keith Dockray – Richard III: a source book (Sutton 1997) pp.32-33.

[11] Annette Carson – Richard duke of Gloucester as Lord Protector and High Constable of England (Imprimis Imprimatur 2015) pp. 23-26 and 61 contains a guide to the office of constable of England and Gloucester’s chivalric, martial and judicial powers. The duchy of Lancaster had held palatine status since 1351 and was independent of royal authority. Its lands in the north were vast and its power great; so much so that the Lancastrian kings retained the title of duke of Lancaster to themselves to prevent diminution of royal authority. On ascending the throne, Edward IV held the dukedom in abeyance but reserved to himself its authority, benefits and responsibilities. As Chief Steward of the duchy, Gloucester was the chairman of the council appointed by the king to administer the duchy territories.

[12] Paul Kendall – Richard III (George Allen & Unwin 1955) pp. 129,456 note 7 (citing Letters and papers of the reign of Henry VIII by JS Brewer, London 1864-76, 1, 2, pp.1054, 1260). Lord Dacre, Warden of the West March complained to Wolsey that he shouldn’t be expected to match the accomplishments of Richard duke of Gloucester. Predictably, he was told that he must provide the same standard of effective governance as the duke.

[13] Rachel Reid – The King’s Council in the North (Longman Green & Co 1921) p.27 et al

[14] Ross (E4) p.199; professor Ross argues that that it is not true that Northumberland was placed under Gloucester’s ‘supervisory authority’ as suggested by Cora Scofield and Paul Kendall. He relies on the indentures made between the duke and the earl in 1473 and 1474, which did indeed separate their authority. On his interpretation of those indentures any subordination was a private matter and not official, and the earl’s freedom of action was assured. Unfortunately, professor Ross (not for the first time) fails to read between the lines to understand what was really happening. There was indeed some early friction between the duke and the earl, arising from Northumberland’s resentment that Gloucester had inherited the Neville mantle and was an obvious threat to Percy hegemony and independence in the north. The indenture of 28 July 1474 (Dockray [sources] p. 34) was intended to calm the situation by confirming their relationship as being that of a ‘good lord’ and his ‘faithful servant’, which was the conventional arrangement, since a royal duke trumped a belted earl in status. However, the caveat inserted into the indenture that Gloucester would not to interfere with Northumberland’s duties as warden of the east and middle marches or poach his servants, was a sensible recognition of the feudal reality and a concession to the touchy earl (see Dockray [sources] p.35 for evidence of Northumberland’s touchiness). The Percy’s were notorious trimmers; they had fought against a Lancastrian king at the turn of the fifteenth century and for a Lancastrian king during the Wars of the Roses. Although their power was effectively destroyed at Towton, they played a major and distinctly treacherous part in the northern rebellions of the early 1460’s. Although, Edward never forgot their treachery, he needed Percy assistance during the 1470’s and was keen not to upset them: Gloucester obviously concurred. There can be little doubt that the indentures were a fiction to preserve Northumberland’s pride. In reality he had less influence in the north than Gloucester. Significantly, Edward was quick to clarify his brother’s supreme authority by appointing him the king’s Lieutenant General in the North when he decided to invade Scotland: not once but twice. By 1482 Gloucester was endowed with what amounted to quasi-royal authority to conduct the war (or peace) with Scotland.

[15] FW Brooks – The Council of the North (Historical Association 1953, revised edition 1966) p.6

[16] AJ Pollard – North, South and Richard III, published in ‘Richard III: crown and people (J Petre –Ed) (Richard III Society 1985) pp.350-51. Pollard refers to various local studies that show northern England to have been ‘economically backward’ at this time. Although the six counties of Westmorland, Cumberland, Northumberland, Durham, Lancashire and Yorkshire occupied about a quarter of England’s total area, they accounted for only 15% of the population (Pollard’s best guess).

[17] Brooks p.10

[18] Ross (E4) pp.45-49

[19] Keith Dockray – Richard III and the Yorkshire Gentry 1471-85, published in Richard III: loyalty, lordship and law pp.38-57. Only the personal intervention of Henry Percy (heir to the earl of Northumberland killed at Towton) prevented the northerners from attacking Edward and his small entourage when they landed on the Yorkshire coast in 1471.

[20] Sutton (R3, piety etc.) p.62

[21] Robert Davies – Extracts from the Municipal Records of the City of York during the reigns of Edward IV, Edward V and Richard III (London, 1843); and the York Civic Records, supra; Chris Given-Wilson (Gen Ed) – The Parliamentary Rolls of Medieval England (Boydell Press 2005): Rosemary Horrox (Ed) Volume 14, pp. 412 & 425; Washington DC, Library of Congress, Thatcher 1004 (a letter from Gloucester to Sir Robert Claxton, 12 August 1480, which is reproduced in Pollard (R3) p.237) and Mancini supra

[22] Calendar Patent Rolls Edward IV, Edward V and Richard III -1476-85, p.339; T Stapleton (Ed) Plumpton Correspondence (Camden Soc 1839) pp.31-33 & 40 and A Raine (Ed) – York Civic Records (Yorkshire Archaeological Society Records Series 1939) Vol 1, PP.2-3.

[23] YCR pp.15-16, 51-52 & 54

[24] Dockray (R3 sources) pp. 30, 34-37

[25] Davies p.89; this is a quote from a letter from the York City Council to the duke of Gloucester.

[26] Reid p.58; Davies passim

[27] Pollard (R3) pp.231-32, and Appendix 1, pp.234-236. The original arbitration agreement is in North Riding County Record Office, Clervaux Cartulary, ZQH.

[28] Davies pp.80-95; the cost of Pike ranged from 10s.3d to 11s.3d ‘a piece’ old money, which equates to about 52-62p today.

[29] Kendall pp135-37; see also Davies pp140-41

[30] Dorothy Mitchell – Richard III and York (Silver Boar 1987) p.27; Alderman Thomas Wrangwyshe was a colourful character indeed. Aged about forty-five in 1482. He commanded a company of archers in Gloucester’s Scottish campaigns. In 1483 he personally led 300 men from York to be at the king’s side during Buckingham’s rebellion. He was a rough diamond, with a distinctly ‘Ricardian’ sense of justice. In one case in January 1485, when he was the Mayor, he sent a man to the gaol for being cruel to another man, who was, in the stocks. The sergeants were escorting the prisoner to the city gaol, when a ‘large group of his heavily armed friends’ tried to release him. Wrangwyshe, hearing the violent affray, stormed into the street and settled the fight with his fists; thereafter he grabbed the prisoner in ‘his strong hands’ and  dragged him off to the gaol. Wrangwyshe was a  formidable fighter in and out of the council chamber and seems to have won Gloucester’s friendship.

[31] Reid p.47

[32] Reid p.48

[33] Reid p.54

[34] Reid p.58: the sub-heading for this section is paraphrased from a sentence in Dr Reid’s work on the council of the north, which reads as follows “Richard did not reserve his favour for the victims of economic change. In his Council he offered good and indifferent justice to all who sought it, were they rich or poor, gentle or simple”.

[35] There was an upsurge in unfair fines and illegal evictions due to economic factors on the continent, which was driving-up the price of wool and hides (the North’s most marketable commodity). As a consequence, the value of pastureland increased. Tenants who held manor lands by feudal custom were liable to have their land enclosed by ruthless landlords intent on turning arable land or rough common land into valuable pasture.

[36] Reid pp. 57-58 citing Sir Thomas de Littleton- Tenures (published 1482) (1841 edition) Sec 77; Brian CJ’s dictum was incorporated into the 1530 edition of Littleton. Sir Thomas de Littleton (1407-1481) was an English judge and jurist. His treatise on ‘tenure’ was the standard legal textbook on the law of property until the nineteenth century.

[37] Reid, ibid

[38] Reid p.59

[39] Reid pp.59-61

[40] Nicholas Pronay and John Cox (Eds) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.171

[41] Pronay; ibid

[42] Rosemary Horrox and PW Hammond (Eds) – British Library Harleian Manuscript 433 (R3S 1982), Vol 3, pp. 107-08 [f264b]. The Commission creating the Council and appointing the earl of Lincoln as its first president is undated. However, Lincoln was at the time Richard’s heir and so the Commission must have been signed after the death of the Prince of Wales, probably around the 24 July 1484.

[43] Harleian MS433, Vol 3, pp. 114-117 [f 270]); see also Reid pp. 58-70 for a detailed appreciation of Richard’s regulations governing the council’s conduct.

[44] Harleian MS433, ibid; I think there may be  a double negative in Richard’s regulations.

[45] Mitchell p.30; Sir Robert Percy (not a member of the Northumberland Percies) was king Richard’s closest personal friend after Francis Lovell; the three had trained together at Middleham. Faithful to the end, he died fighting beside his king in the final charge at Bosworth. Percy’s son was attainted after the battle of Stoke in 1487.

[46] Reid p.62

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