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History of Royals Tackles the Princes

I was excited to be asked to contribute to an article in Issue 18 of History of Royals magazine about the fate of the Princes in the Tower. It helps when I have a book on the way next month called The Survival of the Princes in the Tower – and it probably gives away the theme of my contribution.

The other six contributors are full-on big hitters of medieval history: Derek Wilson, John Ashdown-Hill, Michael Hicks, Josephine Wilkinson, Alison Weir and AJ Pollard. Dizzying company to find myself in! That list of names will most likely give away the themes of each of their contributions too.

HistoryOfRoyalsArticle

There is a lot of traditionalist mantra on display, relying heavily on Sir Thomas More or the lack of evidence of their survival as damning proof of Richard III’s guilt. There is also plenty of interpretation and several statements to take pretty strong issue with, but I’m certain some readers will be saying the same about my contribution and writing it off as revisionist, Ricardian lunacy.

I wonder whether that’s because there’s no answer to the suggestion that the boys weren’t killed in 1483 at Richard’s instruction. Evidence? Well, that would be telling. You’ll just have to grab a copy of the book next month!

DID RICHARD LOVE ANNE?

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Thanks to the contemporaneous accounts given by Croyland (1) and the Acts of Court (2) we have a good insight into the events that followed, almost immediately, the death of Queen Anne i.e. the rumours that Richard, in his eagerness to marry his niece, hastened the death of his wife with the aid of poison – his denial, made publically, ‘in a loud and distinct voice’ (3) in the Great Hall of the Priory of the Knights Hospitaller of St John, Clerkenwell – pushed to it by Sir Richard Ratcliffe and William Catesby, although Croyland adds, rather slyly, it was not what he really wished himself..and there is no need to go into all the detail here as it is well known.

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The Gate House of the Priory of the Knights Hospitaller of St John at Clerkenwell.

 

I would have thought, hopefully , that nowadays, the idea that Richard could have poisoned Anne is now perceived as ridiculous, a complete and utter nonsense.  However, not entirely so.  Indeed Prof Hicks in his biography of Anne –  Anne Neville Queen to Richard lll (“The first time in ages that a publisher has sent me a book that I actually want to read” opines David Starkey – well he would wouldn’t he?)  wrote, in a chapter headed ‘Past her Sell By Date’ that ‘she was unwell, languishing and died, unattended and indeed unregretted by her husband”(4).  What?  Anne the Queen, dying a lonely death, cruelly neglected by her uncaring husband? – its a Scandal!.  And where was Richard at that desperately sad time?  One way to find out..check Rhoda Edwards wonderful little book – The Itinerary of King Richard lll 1483 – 1485(5).  And there we have it..the truth of the matter.  From the onset of Anne’s fatal illness, not long after Christmas 1484 to her death on Wednesday 16 March 1485, Richard never left the Palace of Westminster, where she lay dying, except for a total of ll days when he was at Windsor.

I would say that there could be no stronger indication than this, that, yes, Richard did love his wife and was loyal to her to the end.  He could have gone elsewhere, made his excuses, got away from it all but he didn’t.  He stayed with her until the day she died – finally leaving Westminster on Thursday 12 April – never to return.  Five months later, he too was dead.  Clearly he gave to Anne the loyalty that he was to find so disastrously lacking in others to himself.  But then again, this was a man whose motto was Loyaltie me Lie.

  1. Croyland p.499
  2. Richard lll The Road to Bosworth, P W Hammond & Anne F Sutton, Acts of Court pp 173-4.
  3. Croyland p.499
  4. Anne Neville Queen to Richard lll, Michael Hicks, Chaper 7, Past Her Sell by Date, p.212.
  5. Itinerary of King Richard lll  1483-1485, pp29, 30, 31, 32, 33.  Rhoda Edwards.

 

 

 

 

 

 

 

 

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

THE ANGLO SCOTTISH WAR 1480-82

 

Richard duke of Gloucester – The King’s Lieutenant in the North

“And he governed those countries very wisely and justly in time of peace and war and preserved concord and amity between the Scots and English so much as he could. But the breaches between them could not so strongly be made up to continue long, And especially the borderers, whose best means of living grew out of mutual spoils and common rapines, and for the which cause they were ever apt to enter into brawls and feuds. And while the duke of Gloucester lay in these northern parts, and in the last year of the reign of the king, his brother, the quarrels and the feuds and despoils were much more outrageous and more extreme than before. And thereby there grew so great unkindness and so great enmity, and such hostile hatred between the kings of England and Scotland, and so irreconcilable that nothing but the sword and open war could compose or determine and extinguish them”

(Sir George Buck – The History of King Richard III, 1619)[1] 

Introduction

The fifteenth century writer and French courtier Philippe De Commynes ascribed this ancient enmity between the English and the Scots to God’s will: “All things considered I think that God has created neither man nor beast in this world without creating something to oppose them in order to keep them humble and afraid… Nor is it only in this nation (he is referring to his homeland of Ghent) that God has given some sort of thorn. For the kingdom of France he has opposed the English, to the English the Scots…”[2] Although Commynes’ theory about the will of God cannot be proved in human terms, he was surely right to bracket the interrelationship between England, France and Scotland as being a significant influence on the behaviour of their respective kings. From Commynes’ perspective it was an unholy trinity, which was necessary to correct the evil of princes and prevent the abuse of power. What we can say with some degree of certainty is that the military and diplomatic dynamics of the three kingdoms constrained Edward IV’s freedom of action when formulating English foreign policy. Put simply, he could not pursue his dynastic ambitions in France without first securing the frontier against a Scottish incursion[3], since: “… the old pranks of the Scots… is ever to invade England when the king is out.” [4]

Border Reivers

Edward’s problem was complicated by the fact that royal authority did not always extend to the English northern borderlands. Border society was feudal in nature; their focus was fixed on local issues and disputes. It was the local laird or lord who held sway, not necessarily the king or his policy.   The north of England was sparsely populated and economically poor[5]. English and Scottish borderers relied on reiving to survive. Crimes of murder, robbery, cattle rustling, kidnap, blackmail, extortion and looting were endemic.[6] Sean Cunningham explains the king’s difficulty: “…this cross-border network had a very different view of formal Anglo-Scottish conflict to that of the two royal governments. In addition, local and regional interests in the northern English or southern Scottish counties bred a different attitude to the opposing side. This existed within the sphere of wider foreign or diplomatic policy, but its micro focus on the effects of cross-border feuding and low-level warfare often confused and undermined otherwise clear national foreign policy objectives of either monarchy.[7] 

In the north of England the dominant nobles were the Neville family led by Richard earl of Warwick and the Percy family, headed by the hereditary earls of Northumberland (In the 1470’s and 80’s it was Henry Percy the 4th earl). Needless to say there was no love lost between these families who vied for hegemony in peace and were enemies during the Wars of the Roses. King James III’s problems of enforcing his authority in southern Scotland differed from Edward’s only in degree. The rugged and wild Scottish countryside made communication difficult; it was slow and in the highlands possibly dangerous. The feudal allegiances of the clans together with the jealous independence of the border lairds meant that royal authority north of the frontier went only so far as the monarch’s personal prestige and the laird’s goodwill would take it. Unfortunately, for James, his prestige was low and their goodwill was in short supply.[8]

Border rebels

The outcome of battle of the Towton in 1461 was a decisive Yorkist victory, though not a complete one. The former king Henry VI, his wife Margaret of Anjou, their young son Edward (styled) Prince of Wales and some Lancastrian adherents escaped to Scotland where James III gave them refuge. James was complying with the Treaty of Lincluden, which his mother, Mary of Guelders, had negotiated with Margaret of Anjou, earlier in 1461. Under the terms of the treaty, James promised the Lancastrians military aid in return for the cession of Berwick to Scotland, and the possibility of a marriage between Edward Prince of Wales and the Princess Margaret the king’s sister.[9] James provided a secure base from which the Lancastrians with Scottish help could continue their struggle for the English throne[10]. Between 1461 and 1464 the Lancastrians, reinforced by Scottish and French troops, mounted some very destructive raids into northern England, reaching as far as Carlisle, which they besieged but could not take.

Edward adopted a carrot and stick approach for dealing with these rebels. The stick comprised a military campaign waged in the north by Richard and John Neville against die-hard Lancastrians and their foreign levies. The carrot was the offer of reconciliation to any dissidents that asked for it, even those who had rebelled violently against him. Simultaneously, Edward intrigued with Scottish malcontents to revoke support for Lancaster. These policies had mixed results. John Neville and his ‘loyal northern retinues’ succeeded in defeating the Lancastrians twice in 1464; first at Hedgeley Moor and again at Hexham. Those Lancastrian lords who did not die in battle were executed immediately afterwards. The defeat of Lancaster was followed by an Anglo-Scottish truce that was to subsist for the next ten years.

There is some doubt about the wisdom of Edward’s policy of conciliation. Professor Ross holds it to be a black mark against his record as a statesman; Michael Hicks argues that it was a rational policy in the circumstances, which, generally speaking, worked despite the odd spectacular failure. SJ Payling is not sure whether Edward should be congratulated for his magnanimity in forgiving some Lancastrians, or scolded for his vindictiveness in not forgiving them all.[11] It is a moot point, however, whether conciliation actually worked. As Keith Dockray points out, the ‘loyal northern retinues’ used by John Neville to defeat the Lancastrians in 1464 were, in point of fact, loyal to the Neville family and not the king. They demonstrated this in 1470 when they followed Warwick to the Lancastrian side during the Neville inspired rebellion of 1469-70, which started in the north. As Edward was to discover, the north was no more Yorkist in 1471 than it had been in 1461.[12]

Border skirmishing 1471-80

Following his readeption in 1471, Edward IV sought to pursue his favoured foreign policy objectives of recovering English feudalities in France and enforcing his claim to the French crown. To do this he needed security on his northern border. His immediate aim, therefore, was to neutralize the duel threat of a foreign war with the Scots and rebellion in the north. He determined to achieve this by maintaining the truce with James III at all costs and being conciliatory towards his rebellious northern subjects, so as to secure their good will and obedience. The man he selected to implement this policy was his youngest brother Richard duke of Gloucester. Although still a teenager, Gloucester’s steadfast loyalty and effective battlefield leadership in the recent rebellion had confirmed him as Edward’s most reliable and able subordinate. Within the space of two years, Gloucester was given a monopoly of the important public offices north of the Trent, including military governorship of the important West March of the border ‘ towards Scotland’. He also acquired Warwick’s political mantle through his inheritance (by marriage) of the lion’s share of the earl’s estates in the north. Having spent his formative teenage years under Warwick’s tutelage at Middleham Castle in Wensleydale, Gloucester was well equipped to fill the vacuum left by the destruction of the Nevilles; he knew the north and was known there. It seems from the evidence, that he achieved a remarkable degree of popularity and inspired deep loyalty from northerners.[13] Just as importantly he seems to have established an effective working relationship with the touchy, ambitious and untrustworthy earl of Northumberland, and the equally untrustworthy and ambitious Thomas Lord Stanley. Their working relationship was important in bringing stability to the area.

As the Warden of the West March, Gloucester’s military task was straightforward; he had to defend the West March against Scottish incursions. He could mobilise local levies for service on the border and enforce truces with the Scots. He could punish breaches of the truce summarily if the reivers were English; if they were Scots, he could hand them over to the Scottish Warden. However, he had no military authority over Henry Percy earl of Northumberland who was the Warden of the East and Middles Marches.

The peace treaty between England and Scotland, which was agreed in 1474, was meant to transform the ad hoc truce into a formal peace that would endure until at least 1519. In the shorter term the treaty secured Edward’s northern border against a Scottish incursion, which was a prerequisite for his planned invasion of France. The trouble was that the temporary truce was already under considerable strain from reiving by both sides. In 1473, Northumberland identified Scottish raids from Liddlesdale as a threat to the truce. Similarly, Scottish wardens pointed out that English reivers from Tynedale and Redesdale were also damaging the chances of an enduring peace. The Scottish reception of the English traitor John de Vere earl of Oxford, and the residence of the Scottish rebel Robert Lord Boyd at Alnwick further inflamed the tense situation.

Things seemed to be getting out of hand in 1474 when it was reported from Scotland that the duke of Gloucester was preparing an invasion.[14] Professor AJ Pollard obviously disapproves of Gloucester’s behaviour at this time since he characterises him as being ‘hot-headed and ambitious’, andalmost as much ‘of a handful’ for Edward as his other brother George duke of Clarence. “Now” writes Pollard ”… by his reluctance to implement the terms of the treaty and his own insubordinate acts of piracy (Gloucester) was threatening to undermine all of Edward IV’s efforts in the north.” [15] If the accusation were true, it would have been an appalling breach of the peace treaty and of the trust that existed between the king and the duke. Their personal bond though close, was unlikely to have survived intact such an injurious act of insubordination. After all, Gloucester was merely the instrument of the king’s will. And the king’s will at this time was to have peace with Scotland.

What professor Pollard overlooks, however, is the situation on the Anglo-Scottish border at the time, which might explain if not excuse Gloucester’s hostility towards the Scots. I have already referred to the tension caused by border reiving but what was potentially most dangerous was the intrigue between James III and Louis XI. The Scottish king had ‘for a pension of ten thousand crowns’ offered to ‘keep Edward at home by attacking him’.[16] It is unlikely that Gloucester was aware of James’ plotting; but he would almost certainly have been aware of the build-up of Scottish troops and their increasing violence towards the English, which was encouraged by James’ cavalier attitude to peace. In those circumstances, it is entirely probable that Gloucester was planning a counter-attack inside Scotland. He was the military governor on the spot, and was by training and instinct an aggressive commander. His tactic of aggressive defence was very popular with those who bore the brunt of Scottish depredations. It is hard to see how Gloucester could have possibly intended a serious ‘invasion’ of Scotland since his retinues combined with those of Northumberland and Thomas Lord Stanley were insufficient for such a task: he was an aggressive commander, not a stupid one. But the political reality was that Edward could not permit Gloucester to freelance a policy that might fuel the violence and undermine the crown’s wider foreign policy aims. When told of Gloucester’s belligerence, Edward was quick to admonish his brother, telling him in effect to behave himself and not to antagonise James.

The Treaty of Picquigny (1475) between Edward and Louis XI confirmed Edward’s inability to enforce a foreign policy, which had been the Plantagenet’s raison d’etre since the twelfth century: the recovery of their feudal territories in France and (after 1340) the enforcement of their claim to the French throne.[17] Unfortunately, Edward made peace for a down payment of 75,000 crowns and an annual pension of 50,000 crowns. He returned to England with his army to the chagrin of Gloucester and many other Englishmen.[18] Commynes scoffed that the indolent Edward was “…not cut out to endure the toil necessary from a king of England.” And the French boasted that they had bought off the troublesome English ‘with six hundred pipes of wine and a pension’.[19] Cora Scofield’s judgement is damning: “The great expedition to France was over and not an inch of territory conquered… no words could hide the truth. Edward had sold himself to the king of France.[20] Be that as it may, the treaty with Louis had financial advantages and one significant diplomatic benefit. Louis agreed not to ally himself to James III or interfere with events in Britain. This agreement enabled Edward to turn his mind to that other great plank of Plantagenet foreign policy: English overlordship of the British Isles, which in the late fifteenth century meant conquering Scotland.

In the aftermath of Picquigny, cross-border reiving continued to threaten peace in Britain. James III was simply unable to enforce his royal authority on semi autonomous highland chiefs and border lairds who, in the words of professor Mackie ”…pursued their private vendettas…(and)…defied all authority… and when, as sometimes happened, they made secret bonds among themselves, the power of the crown was in jeopardy.”[21] Worse still, it was James’ estrangement from his own family that most threatened royal authority. His brother Alexander duke of Albany thrived on border skirmishing and bitterly resented royal interference. James’ desire for peace was in part driven by his resentment of Louis XI who not only dilly-dallied about renewing the ‘auld alliance’ but also humiliated James over Scottish territorial ambitions in Guelders. Edward on the other hand, was progressively more irritated by Scottish reiving. The treaty with Louis merely increased his confidence that he could safely to turn his attention to the Scottish problem without interference. It was unlucky that James’ enthusiasm for peace waxed as Edward’s waned.

James’ attempt to strengthen the Anglo-Scottish treaty by a marriage between his sister Princess Margaret and George duke of Clarence foundered on Edward’s indifference (He did, however, allow proposals for a marriage between Princess Margaret and Edward Woodville to proceed.). It was hopeless: unlike similar situations in 1473 and in 1474, the English had no appetite to preserve the peace. The death of Charles the Bold, duke of Burgundy in 1477 had changed the political dynamic between England, Scotland and France. Edward was now more supportive of his widowed sister, Margaret the dowager duchess, in Burgundy’s dispute with France. As a consequence, Louis resumed his intrigue with the Scots against the English. By 1479 the Treaty of Edinburgh was in tatters. The Princess Margaret was pregnant by her lover, Lord Linton, a development that Edward regarded as a national humiliation. He demanded full restitution of the dowry he had paid to James in anticipation of the royal marriage between Cecily and young James Stuart, the Scottish heir.

a terrible and destructive war

The Crowland chronicler blamed the Scots for the war that now seemed inevitable, for “shamelessly’ breaking a thirty-year truce” for which treachery Edward proclaimed “ a terrible and destructive war against the Scots[22] In the early spring of 1480, Edward paid ‘advances against wages’ to Gloucester and Northumberland so that they could prepare for a possible Scottish attack. At the same time, he sent his formal envoy Alexander Leigh, canon of Windsor north to Edinburgh with instructions to demand (i) that James do homage to Edward for the Scottish crown, (ii) that he surrender his heir to English custody, (iii) that he return the towns of Berwick, Cordingham and Roxburgh to English dominion, and (iv) that the Scots make full restitution for the damage caused by their reiving. Whatever James might have thought about Edward’s other demands, it is obvious that he could never agree to do homage for his throne or to hand his heir over to the English. In truth, Edwards’s embassage was not a genuine diplomatic overture to avert war; it was a declaration of war.

Edward’s war aims seem obvious from his demands; his plan for winning that war is less obvious. Previous English experience suggested that war with the Scots was ‘costly, dangerous and inglorious’ and ‘rarely bought lasting results.’[23] The Scottish war of Independence showed that the English could be defeated in a pitched battle; nevertheless, such battles were rare. The last one between national armies (Nevilles Cross 1346) had been a catastrophic defeat for the Scots in which their king was captured and held prisoner by the English. In a defensive war the Scots relied on their terrain coupled with some impenetrable fortresses to disrupt and wear down the enemy, whose increasingly vulnerable lines of communication could then be attacked. At other times they attacked the English to keep them on the tactical defensive. Some of these attacks involved large local forces; the clashes at Otterburn (1388) and Nesbit moor (1402) being cases in point. The conquest of Scotland required a large, professional army for which the English had not the means; especially whilst fighting the French or facing the threat of fighting the French, or when they were fighting among themselves. Neither could they impose a puppet king on the Scots unless the lairds and nobles accepted him as legitimate and competent, which they rarely were. As Cunningham observes “Edward’s strategy for the war of 1480-82 struggled to shake off the previous disasters of English political and military attempts to subjugate the Scots.”[24]

Edward could ill-afford a repeat of the errors of 1475 when the invasion of France ended in recriminations and confusion. If the Scottish war was not to become bogged down in small-scale military raids and counter-raids, Edward needed a clear and concise plan and a new strategy that would give him a decisive victory. His first decision was a sensible one; he clarified the chain of command in the north. Command of all the English forces in the north was given to the duke of Gloucester; who was appointed Edward’s Lieutenant General with full authority to call to arms the border levies and those of adjacent counties. The earl of Northumberland reverted publicly to Gloucester’s 2IC, whilst Thomas Lord Stanley bought-up the rear. On the 20 June 1480, Gloucester issued Commissions of Array in Northumberland, Cumberland and Yorkshire for levies to serve on the border against the Scots. This was clearly a defensive measure, as the commissions issued would not provide a sufficient force capable of invading Scotland. If the response of the City of York is typical, it was not a rapid mobilisation. Their contingent had not left the city boundary when Gloucester wrote on the 30 August 1480, ordering the men to march north[25].

Within a few days of Gloucester’s letter, however, Archibald Douglas earl of Angus led a spectacular three-day raid into the heart of Northumberland, reaching and torching the coastal town of Bamburgh, about twenty miles from the border. Jean Froissart, writing towards the end of the fourteenth century describes Scottish raiding habits. Although his account was written a century or more before these events, his narrative provides a useful illustration of the nature of medieval border warfare; an experience that had not changed appreciably by the late fifteenth century despite advances in gunpowder technology and the development of handguns. “ The Scots are a bold, hardy people, very experienced in war. At that time they had little love or respect for the English, and the same is true today. When they cross the border they advance sixty or seventy miles in a day and night, which would seem astonishing to anyone ignorant of their customs. The explanation is that in their expeditions into England they all come on horseback, except the irregular who follow on foot. The knights and squires are all mounted on fine, strong horses and the commoners on small ponies. Because they have to travel over the wild hills of Northumberland they bring no baggage carts and so carry no supplies of bread or wine (save what they carry behind their saddle and can pillage from the land). Hence, it is not surprising that they can travel faster than other armies. So the Scots entered Northumberland. They ravaged and burnt it, finding more livestock than they knew what to do with. They were at least three thousand men in armour…”[26] The English marked Scottish progress by the smoke from the burning villages.

On the 7 September the earl Northumberland wrote urgently to his retainer Sir Robert Plumpton that the Scots ‘in great numbers’ had advanced ‘deep into Northumberland’; Sir Robert and his men were ordered to rendezvous with the earl at Topcliffe by 8 o’clock the following Monday.[27] The next day, that is the 8 September, Gloucester wrote equally urgently to the city of York: “…the Scots in great multitude intend this Saturday night to enter into [the] marches of these northern parts…We trusting to God [intend] to resist their malice [and] …desire you to send unto us at Durham on Thursday next, a servant of yours accompanied with such certain number of your city defensibly arrayed, as you intend and may deserve right special thanks from the king’s highness and us.”[28] Leaving aside the obvious confusion about whether the Scots had actually crossed the border, it is clear that it was (despite Gloucester’s intention) a successful Scottish raid and that the concentration of the northern levies was not yet complete. Having been caught-out by the boldness of Angus’ attack, Gloucester’s instinct was to counter-attack and teach the Scots a lesson that would, in professor Kendall’s words, ‘check their ardour’. In effect, this meant a counter-raid of sufficient weight to damage Scottish morale. Frustratingly, we do have any contemporary accounts of this operation[29]: the number of troops involved, their organisation their objective(s) and details of what happened are all unknown. However, we can perhaps make an educated guess based on what the military historian FL Petre called ’inherent military probability’.

In the mid to late fifteenth century English tactical doctrine was still influenced by their experiences in France during the Hundred Years War. We are not here concerned with the development of English infantry tactics in set-piece battles, since Gloucester had not the least intention at this stage of fighting a conventional battle. We must also distinguish between criminal border reiving, which though warlike in nature is irregular, localised and aimed at settling family feuds, cattle rustling and so forth, and the low-level specifically military operations planned by Gloucester. A more appropriate term for this type of operation would be ‘chevauchée’: a ride through enemy territory by swiftly moving, mobile columns of mounted men-at-arms and archers, unencumbered by a logistic tail of non-combatants.[30] A chevauchée could be used as a diversion intended to draw enemy troops away from the point of an intended attack or from a siege, or to destroy a military installation in enemy territory, or to undermine enemy morale by spreading fear and terror among their population.

We can be pretty sure that Gloucester’s objective in 1480 was to undermine Scottish morale by terrorising the civilian population and destroying their crops, livestock, buildings and chattels. It is important to understand that on a mission such as this, the rules of chivalry would not apply, since the people most in harm’s way such as the peasant farmers, labourers and the poor were outside the protection of the chivalric code. It is possible that Gloucester forbade the indiscriminate slaughter of innocent civilians; but if so, it would almost certainly not have been on humanitarian grounds, but because it was bad for military discipline. Nevertheless, in a chevauchée such as this, it was impossible to prevent murder rape and arson altogether, since, to paraphrase Froissart, ‘there was bound to be some bad fellows and evil men of little feeling in Gloucester’s force’[31].

We can make a rough estimate of the number soldiers involved by using the strength of the northern contingent in the kings army in France as a guide. Sean Cunningham estimates that of the 14,000 men in Edward’s army, 3,000 were from the combined retinues of Gloucester, Northumberland, Stanley and Lord Scrope of Bolton; of these, about 500 were men at arms and the remainder were archers.[32] It is reasonable to assume that the borders would not have been denuded of all the men fit for active service, as some were needed to patrol the border, deal with low level Scottish reiving and garrison the castles at places like Norham and Carlisle. Based on these assumptions, my best guestimate is that in the autumn of 1480 Gloucester would have had about 4-4500 men for service on the Scottish border, of which perhaps 2,000 could be available for this operation.

Typically, English medieval armies were organised in three ‘battles’ or ‘divisions’ for set-piece battles and chevauchée type operations. And there is no reason to think that Gloucester did anything different this time. It is possible that each battle advanced on a separate axis with their ‘scourers’ scouting ahead and on the flanks. It is equally possible that they advanced in a single column, with one battle acting as the advance guard for the whole force. The men-at-arms and archers would have been mounted in the Scottish fashion and there may well have been some infantry for the defence of lines of communication and key points and pioneering tasks. The nature of the terrain and season would affect Gloucester choice of target. It would serve no purpose to attack in the wild Cheviot Hill since the population was sparse and the country rough. It would be hard to navigate or to spread panic swiftly and the risk of getting bogged down was great. A destructive attack along the fertile agricultural land of the Scottish east coast between Berwick and Dunbar would be much more effective in dousing Scottish ardour.

 

John Hardyng’s map of Scotland [33]scotland-circa-1480-a-1

(15th Century)

 

An attack along the east coast also had some tactical advantages since the sea offered protection for one flank and made navigation easier as they could advance confidently northwards keeping the sea on their right. Although we do not know what actually happened we can get a feel from the work of HJ Hewitt of how a typical chevauchée was conducted. He is writing about the fourteenth century; but I think the reference is valid since it illustrates standard operating procedures that were unchanged in the 1480’s. This is what Hewitt wrote: “ On reaching a village or town the troops usually have little difficulty in overcoming civilian resistance. Valuables are collected and are loaded into carts or heaped on the horses’ backs; cattle are driven away or killed; the work of destruction begins. Granaries, ricks of hay, corn or straw, barns, cattle–sheds, houses and their contents are fired Wooden bridges are broken, windmills and watermills are burned, or rendered unserviceable News of the army’s approach spreads very quickly and, as clouds of smoke by day and a red

glow by night mark the invaders route (or routes, for a large force may move in columns). The inhabitants, seized by panic, flee and thus facilitate the work of the troops; a deserted town stocked with a winters supply of food and fuel is a suitable place for a halt and some good meals. But the army never lingers long and there are days when the men have little to eat and the horses little to drink. Always there is the danger of ambushes, of homesteads having been fired by their occupants in order to destroy food and shelter, of houses in walled towns being set on fire at night be concealed enemies or drunken soldiers or bridges being broken to delay the invaders advance.”[34] And as if that was not enough, there was the danger of an engagement with the enemy’s army, which may try to encircle the raiders or force them to accept a pitched battle at disadvantage. If their escape route is cut they may be forced to withdraw over remote and rough terrain where a withdrawal might turn into a rout.

For these reasons, Gloucester’s force needed strike hard and swiftly. In the event, the chevauchée seems to have been of relatively short duration; Gloucester had returned to Sheriff Hutton by the 23 October 1480.[35] By the end of the year, Edward’s decision to make war was irrevocable and he resolved to go north to lead the army against the Scots personally, to ‘teach them a punishing lesson’. In view of this, Gloucester’s commission as Lieutenant General was not renewed[36] and preparations began in earnest for what promised to be a hard campaign against a tough enemy. Meanwhile, Gloucester busied himself in the north repairing Carlisle’s walls and strengthening England’s other border defences.

By the New Year, Edward’s strategic priority was to create an effective royal navy. John Howard was appointed Captain of the main fleet, to serve from May to August 1481.[37] His mission was to harry the east coast of Scotland and concurrently to protect the English east coast from the Scottish fleet and the more formidable French fleet.[38] Edward spent a considerable sum of money on the purchase, repair and maintenance of ships, and on patrolling the east coast. Naval supremacy on the North Sea was essential for a successful war, since ships were the surest and quickest method of transporting men, cannons, personal weapons and military stores to Gloucester’s northern army. By February 1481 eleven royal ships had been commissioned to patrol the east cost for six months. In May, Sir Thomas Fulford was commissioned to take command of an independent naval squadron on the west coast; a month later, Thomas Howard led his English flotilla manned by three thousand sailors and marines into the Firth of Forth. There, he cut out and carried off eight of the largest ships from their harbours in Leith, Kinghorn and Pettenween, and destroyed the smaller ones. He also effected an amphibious assault on Blackness where several hundred English marines torched the town along with another large ship. It was an outstanding effort by the navy and a demonstration of the benefits of amphibious warfare. By landing troops in the enemy’s rear worryingly close to Edinburgh, the English opened up the possibility of a war against Scotland on two fronts. It was never more than a possibility however, since the English commanders were unable to take advantage of the situation. Dr Michael Jones implies some criticism of Gloucester for not co-ordinating a land attack to coincide with Howard’s naval assault. Quite how Gloucester was expected to achieve this is a puzzle to me, since co-ordinating amphibious assaults with a complementary land attack can be difficult, even with modern communications (e.g. the Salerno and Anzio landings of WW2). Given that the naval and land elements in 1481 had no means of communicating quickly and regularly with each other; a co-ordinated attack would need a lot of luck to succeed. Nor is it even established that such co-ordination was ever intended in this operation. Frankly this is not the best point, in what is, anyway, a superficial appraisal of Gloucester’s military competence by Dr Jones. [39]

Winter War

Although Edward had signalled his intention to lead the army in person, he was no further north than Nottingham by the autumn. The consequence of his delay was to ‘paralyse the English invasion plans’ by depriving the army of his leadership and the reinforcement of troops that would accompany him[40]. Gloucester and Northumberland were, therefore, mainly reliant on the northern retinues and garrison troops to defend the border. The 3000 men raised by Thomas Lord Stanley were mainly needed for the siege of Berwick and so were not necessarily available for an invasion of Scotland. Even if sufficient troops were available to constitute an invasion force, they could not be deployed until the king arrived to take command. However, the northern commanders did not discover until November that Edward had turned south from Nottingham and would not lead the army that year. Charles Ross has no doubt that Edward’s indecision and his absence from the army was responsible for the English failure to invade Scotland in 1481.[41]

James III, on the other hand, had not been idle; he had assembled a large force in southern Scotland with which he could invade England, or make a thorough nuisance of himself in the border region. Cora Scofield thinks that ‘ on the whole’ the Scots came out of this year’s fighting quite well, with “at least as many victories as the English.” [42]  If the Scottish historian Lesley is to be believed, the Scots “ invaded the Marches of the English and took away many preys of goods and destroyed many towns and led many persons in Scotland.[43] James III even boasted to the Pope that his army had destroyed and ‘put to flight‘ 200,000 Englishmen. Unfortunately for Scottish egos, this was not true. It is true that the Scots had engaged in some destructive chevauchées of their own; however, they did not use their superior numbers to raise the siege of Berwick or to invade England: instead they withdrew meekly. James’ excuse that the withdrawal was at the personal request of the Pope who wanted to broker peace between England and Scotland, is not really credible.[44] Nonetheless, the winter of 1481-82 was a miserable one for the English army engaged in interminable skirmishing with the Scots.

A few passages from Froissart’s fourteenth century chronicle provide further illustrations of campaign life for Englishmen at the sharp end of a medieval winter war with the Scots. [45] In my first selection, the English are ‘advancing to contact’ with the elusive Scots. “ They began to move forward very raggedly over heaths, hills and valleys and through difficult woodland without a trace of level country. Among the mountains and valleys were great marshes and bogs, which were so dangerous to cross that it was surprising that more men were not lost in them. Each man rode steadily forward without waiting for his captain or companion and anyone who got stuck in those bogs would have been lucky to find help. Throughout the day there were many alerts, which made it appear that the foremost were engaging the enemy. Those behind urged their horses over swamps and rocky ground up hill and down dale, with their helmets on and their shields slung, their swords or lances in their hand, without waiting for father, brother or comrade. But when they had galloped a mile or so and reached the point from which the sounds came they found it was a false alarm. The cause was a herd of deer or other animals which abound in that wild country…[fleeing] in panic before the banners and the advancing horsemen

By the end of the day no contact had been made with the enemy. The English, exhausted and lacking the tools to build personal shelters, bivouacked as best they could. “ Mounts and riders were tired out, yet the men had to sleep in full armour, holding their horses by the bridles since they had nothing to tie them to having left their equipment in the carts which could not follow them over such country. For the same reason there were no oats or other fodder to give the horses and they themselves had nothing to eat all day and night except the loaves they had tied behind their saddles and these were all soiled and sodden by horses sweat. They had nothing to drink but [river water] except the commanders who had bought bottles of wine. They had no lights or fires and no means of kindling them except some knights who could light torches….”

In the morning, just before dawn, the English ‘stood to’. “Having spent the night thus miserably, without taking off their armour or unsaddling their horses they hoped for better as the day dawned. But as they were looking round for some prospect of food and shelter and for traces of the Scots, whom they eagerly wanted to fight in order to put an end to their own hardship, it began to rain…it never stopped raining the whole week and consequently their saddles, saddle-clothes and girths became sodden and most of the horses developed sores on their backs. They had nothing to cover them with except their own surcoat and no means of re-shoeing the horses that needed it. They themselves had nothing to keep out the wet and the cold save their tunics and armour. They remained like that for three days (without food), with the Scots on the mountain slope opposite…” From this point onwards, the English are in contact with the enemy “…there were skirmishes every day in which men were killed and prisoners taken. At nightfall the Scots lit great fires and raised such a din blowing their horns and whooping in chorus that it sounded to the English as all the devils in hell had been let loose.”

By the turn of the year (1482), English morale was low and there was unrest in the ranks due to a shortage of food for the men and grain for the horse. Money was also short and Gloucester was only able to alleviate the army’s suffering by purchasing wheat, rye, peas and beans with his own money. In February 1482, he received £10,000 for the army’s wages and Northumberland received the final instalment of a grant of 2,000 marks for the defence of the East March. Notwithstanding the difficulties it is clear that Gloucester and Northumberland managed to contain the worst of Scottish aggression. The Scots had not been able to relieve Berwick or mount a significant ‘invasion’ of English territory. Nonetheless, it was ‘a close-run thing’. The money, the equipment and the reinforcements being allocated to the army during the spring and summer of 1482 was a sure sign of Edward’s desperation that the they should continue to hold the line until he could devise a more cohesive and decisive strategy for vanquishing the Scots. It was, of course, still unclear when (if) the king would come north to take command, since he seemed as yet unready to relinquish his ambition of leading the army in a foreign war.

Things began to look up for the army by the spring. An improvement in the weather coupled with a plentiful re-supply of arms, equipment and provisions and a reinforcement of troops saw an improvement in the army’s morale and its efficiency. The establishment of a chain of fast moving messengers improved communications between London and the border, and all seemed set for a decisive campaign in 1482. Gloucester commenced active operations in May by leading a daring chevauchée into southwest Scotland, torching the strategically important town of Dumfries and many other lesser ones and skilfully withdrawing before a Scottish army could be bought against him.[46] This was not the presage of another year of inconclusive skirmishing since Gloucester knew quite well that to conquer Scotland the English needed to meet and defeat James III and his main army in a pitched battle. Kendall speculates that the Dumfries raid may have been meant to provoke the king of Scots to take the field with his whole army so that he and they could be defeated in a set-piece battle[47]. If so, Gloucester and Northumberland must have been supremely confident of winning such a confrontation. However, they must also have realised that the difficulty would be in engineering such an opportunity. The Scots were canny fighters and they knew they could not match the full weight of English resources in a conventional war. The irregular border warfare of 1480-81 was a good strategy for them since it degraded English strength and kept them on the defensive in the border. However, Gloucester, Northumberland and the other English commanders had weathered the storm and now, in the spring and summer of 1482 they had sufficient forces to invade Scotland in strength whilst besieging Berwick. The trouble was that king Edward who was needed in the north was still far away in the south; unable or unwilling to join the army. A combination of indolence, poor health and civil turmoil in England had cooled Edward’s ardour for active service; he was not the man of 1461 or even 1471. 

A Scottish Clarence

Paul Kendall described Alexander Stuart, duke of Albany as ‘Clarence in a kilt’. He was, in fact, the king of Scots’ brother and, like Clarence, renowned for his instability: being ‘restless, ambitious and unprincipled’.[48] It was Albany who gave Edward a new idea for securing overlordship of Scotland. Albany had fled to France 1479 after he was attainted for treason. He was something of an embarrassment to Louis who was trying to renew the Franco-Scottish alliance against England. While Albany was in France, Edward secretly sounded him out the possibility that he might assume the Scottish throne and swear fealty to Edward as his overlord. Louise was not averse to this since it got rid of the awkward Albany and promised to involve Edward in a Scottish war. Consequently, Albany was allowed to come to England, where he arrived in April 1482. In May, Edward recognised him as the true king of Scots by a proclamation indenting for men to serve the ‘king of Scotland’ on 14 days notice.

In early June, Gloucester was summoned to Fotheringhay to meet Edward and Albany, and to be briefed on Edward’s plan to put a pretender on the Scottish throne. His presence was also required (presumably) so that he could give his opinion of the new plan. Kendall implies that Gloucester may have had misgivings about Albany’s worth but nonetheless ‘ he readily approved’.[49] The Treaty of Fotheringhay was signed on the 11 June 1482. By it, Albany promised to do homage to Edward once he was placed on the Scottish throne, to return Berwick to English domain and to give up certain fortresses in the west. Finally, Edward spoke to his brother about command of the army. It was obvious, even to Edward, that he was unfit to command an invasion force in Scotland; his lascivious nature, his (even then) failing health and the ‘tumult’ in some parts of England meant that he would not mount a warhorse again. If Scotland was to be subdued, then it was Gloucester who must do it, aided by Albany for whatever that was worth. The next day, Gloucester’s commission as Lieutenant General in the North was reinstated; he was now the undisputed commander of all the king’s troops north of the Trent.

A month later, on the 15 July 1482, Gloucester, with Albany at his side left York for the border.[50] He had war treasure of £15,000, sufficient to keep his army of 20,000 in the field for twenty-eight days. It seems obvious that both he and the king expected a short decisive campaign after years of inconclusive raiding. It was of, course, a risky plan because it was so reliant on forcing James to accept battle for his throne, which was something he seemed prepared to do. Unfortunately, events did not go as planed, as we shall see. Gloucester marched swiftly north arriving at Berwick by the second or third week of July at the latest. The town rapidly surrendered but the castle, which was garrisoned by 500 Scots, refused terms. Gloucester, who had no intention of wasting time on a siege left a covering force to contain the garrison and moved swiftly on into Scotland with his main body. His march from the border to Edinburgh was in fact an unopposed chevauchée accomplished with astonishing speed and ruthless efficiency. Towns and villages en route were burned and terror spread throughout the countryside. After years of hard labour skirmishing with the Scots, this was easy work for the English army as it swept on towards the Scottish capital.

Meanwhile, things were looking decidedly bleak for James. A mere 600 men garrisoned in ‘six towers’ in addition to the now useless Berwick garrison, guarded the Scottish border. A general muster of Scottish troops had been called in late July to concentrate at Lauder in the Scottish Middle March to attempt to resist “…the largest and best-led English army seen in Scotland for eighty years’.[51] However, it seemed to most people at the time that if James faced the English in open battle it would almost certainly result in defeat and his capture or death.

The English entered Edinburgh unopposed at the beginning of August. Cora Scofield thought it was amazing that Gloucester should take the Scottish capital for Edward IV ‘without firing a gun or shooting an arrow’.[52] It was, however, also ominous, since English success depended on locating and destroying the king and his army speedily, and neither James nor his army were anywhere to be seen. It is greatly to Gloucester’s credit that the army took control of the city without molesting either the inhabitants or their goods.[53] His first task was to make a proclamation in the market place; he called on James (i) to honour his promises to Edward, (ii) to make amends for violations of the peace and (iii) to restore Albany’s rights, or face the destruction of himself and his kingdom. Thereafter he turned his attention to dealing with a Scottish force, which he believed to be waiting at Haddington. But there was no need of a battle since ‘some Scottish lords’ sued to him for a treaty. It soon became apparent that James III was a prisoner in Edinburgh castle. He had been abducted and taken there by his Stewart half-brothers who were prepared to withstand a siege. They bore James no good will but their dramatic intervention had saved him from defeat and deposition and confounded English hopes of success. Without the person of James in English custody there was no realistic prospect deposing him; nor, was there a legitimate Scottish government of with whom Gloucester could negotiate. It was also clear that the Scots would never accept Albany as either a legitimate or a competent monarch. Gloucester was now placed in an almost impossible situation. Time and money were running out for him; he had only enough money to keep his army in the field until the 11 August. A siege of Edinburgh castle would be costly in men and material, and time consuming. It would also provide an opportunity for loyal royalist forces to re-group and attack the English lines of communication. Albany true to his capricious nature had entered into public negotiations with the Scots for the restoration of his rights. By a process of elimination, therefore, Gloucester was forced to negotiate with James’ displaced and discredited former ministers: Scheves, Argyle and Avondale, who were only interested in getting rid of the English as soon as possible. They bound themselves to restore Albany to his 1479 holdings (it is doubtful they could do that in the absence of James III). The citizens of Edinburgh also bound themselves to refund at their own expense, all of the dowry paid by Edward IV for his daughter Cecily’s marriage to Prince James, if that marriage did not take place. By the 5 August, Gloucester had withdrawn to Berwick, where the castle was under siege   A week later, he discharged the army save for 1700 men needed for the siege.

Although the Scots tried to raise the siege, Gloucester seemed to have overawed them since they tried nothing more dangerous than a little more bargaining. The Scots offered to raze the walls of the castle, if Gloucester did similar to the town walls; alternatively, the English might garrison the town while the Scots garrisoned the castle. Gloucester spurned all these offers out of hand and demanded unconditional surrender of the Scottish garrison, which took place on the 24 August.

Postscript

According to the Crowland Chronicle, king Edward was less than impressed with the outcome of the campaign, particularly in view of the expense incurred; though, he was placated to some extent by the recovery of Berwick. The chronicler himself is in no doubt that Berwick was but a trifling gain for such ‘frivolous’ expenditure by Gloucester.[54] If we ignore for a moment the authors well known prejudice against northerners in general and Gloucester in particular, the point he is making is not wholly spurious. The campaign was not a complete success. The ‘largest and best led English army to invade Scotland in 80 years’ did not secure its primary objective of putting a puppet king on the Scottish throne: why? It is a good question and there are a number of possible answers: the English plan was flawed, Gloucester’s withdrawal threw away the English advantage, there was a fundamental change in circumstances which was not foreseen and which militated against complete success, or the failure was due to a combination of these factors.

Professor Charles Ross, in his biography of Edward IV, clearly blames Gloucester for the unsatisfactory outcome. There is no need for me to jump to Gloucester’s defence since his service record and military renown speak for themselves. Whether or not he was a military genius is an issue about which I have no view. However, I do feel obliged to reply to the professor’s criticism of Gloucester’s conduct of the campaign because it is so silly as to be more suggestive of his ignorance than of any dereliction by the duke. Having described Gloucester’s decision to withdraw to Berwick as ‘strange, professor Ross finds three sound military reasons that might have influenced the duke’s mind: the long lines of communications, the lack of victuals for his troops and the defection of Albany. Nevertheless, he comes to the following judgement: “Yet Gloucester’s precipitate withdrawal from Edinburgh threw away a great advantage: as commander of a powerful army installed in the capital he could surely have dictated far more satisfactory terms to a distracted Scottish government. He might have felt, following Albany’s defection that he lacked instructions on major issues, but he seems to have made no attempt to await further direction from the king in England, with whom a courier system ensured rapid communication. Gloucester’s lack of resolution meant the only practical outcome of an expensive campaign was the recovery of Berwick-Upon-Tweed…and the signing of a short truce to last until 4 November.”[55]

It is a perverse conclusion since it overlooks a number of salient and obvious mitigating factors. First, the English army was only indentured until the 11 August. There was neither the money nor the supplies to keep the English in the field after that date. Second, the abduction of James III by his own subjects and his incarceration in Edinburgh castle made it impossible for the English to capture or to kill him, either of which was a prerequisite to his deposition. Third, in the absence of the person of James III, there was no legitimate ‘Scottish Government’ with whom Gloucester might negotiate a favourable political settlement; he could only talk with James’ discredited former advisors and a deputation representing Edinburgh. Fourth, he might have tried to enforce a settlement by force of arms, except there was not the time. Moreover, An attack by loyal royalist forces was likely in the event of the English laying siege to Edinburgh castle, which was a very tough nut to crack anyway. Fifth, it was not feasible in the time available to secure the person of the queen or other members of the royal family to use as bargaining chips, since that were all safely behind the walls of Stirling castle thirty miles away (another tough nut). Sixth, there was no time to get instructions from the king, four hundred miles to the south, before the army would have to withdraw for reasons already given. Finally, it was obvious that Albany’s defection removed any chance of placing him on the throne in 1482. It was equally obvious that there was no chance of the Scots accepting him as their king. Any attempt to impose him would result in a Scottish civil war over the succession.[56] Far from his decision being irresolute or strange, Gloucester as the man on the spot was simply making the best of difficult situation. Macdougall (from the Scottish perspective) and Cunningham (from the English perspective) both make the points that the re-capture of Berwick was no mean feat since it was a useful base for continuing the war, a course that Gloucester had left open in his negotiations.

Neither should it be thought that Edward’s disappointment with the outcome meant he blamed his brother: far from it. In Parliament, in January 1483, he made an award to Gloucester, which in Cunningham’s view was the ultimate expression of Edward’s policy of endowing nominated regional lords with delegated royal authority.[57] Charles Ross writing about this award had no doubt as to its importance: “…Edward created for his brother a great hereditary lordship comprising the counties of Cumberland and Westmorland together with any parts of south-west Scotland he might afterwards conquer. This remarkable grant had two unique features. It was the first (and also the last) time since the creation of a county palatine in Lancashire in 1351 that any English shire had been made into a palatine; this meant that in practice the king’s writ did not run in the shire and the lord had full control over its affairs. Second, Richard and his heirs were to hold the office of Warden of the West March along with the palatinate. For the first time a major military command under the crown passed out of direct royal control and became instead a hereditary private possession. ” [58] It seems clear to me from this award that Edward and his brother intended to continue the war against Scotland.

In my personal opinion, the failure of the English army to achieve its primary objective was not due to poor execution, but to an unrealistic plan. The plan to subjugate the Scots and place a puppet king on their throne within twenty-eight days was only possible if the English achieved complete tactical surprise. Strategic surprise was never possible, as the Scots knew they were coming and from where: only the timing and the speed of the English attack were unknown to them. In fact, the English army had lost tactical surprise even before it crossed the Tweed. One only has to consider the timings to see what the problem was. The English army left York on the 15 July and arrived outside Berwick sometime between the 20 and 25 July. However, James III was abducted by his half-brothers on the 22 July and incarcerated in Edinburgh castle. Gloucester’s primary objective was therefore unattainable before he set foot in Scotland. The underlying cause of this was undoubtedly the failure to take Berwick in 1481; possession of Berwick then would have provided a useful operating base and jumping off point, and saved the army five or six days marching time in 1482, thereby increasing the chances of surprising James before he could be whisked to safety. Edward’s inability or unwillingness in 1481 to come north and command a national army or to provide sufficient siege resources to ensure the relatively quick capture of Berwick (town and castle) was the reason for this delay. Nor can Gloucester escape some responsibility for this failure of strategic planning; he must have thought it was achievable since he seems to have accepted  the objective and  the time limit. The fact that it might have worked if James had been left to his own devises cannot absolve either Edward or Gloucester from their responsibility in mounting a campaign that was poorly thought out and inadequately financed The simple stratagem of removal the gung-ho James to the safety of Edinburgh castle rendered the English objective unattainable in 1482. The death of Edward IV in 1483, saved Scotland from the threat of invasion and conquest. But it did not end the Anglo-Scottish conflict. Despite James’ desire for peace, Richard III continued a naval campaign. The Scots were finally forced to sue for terms in 1484; but that, as they say, is another story….

[1] Arthur Noel Kincaid (Ed) The History of King Richard the Third (1619) by Sir George Buck (Alan Sutton 1979) p.21; although Buck sometimes gets confused about facts and chronology, his reasoned and evidence based defence of king Richard is still the basis of modern Ricardian theories.

[2] Philippe De Commynes (Michael Jones -Editor) – Memoirs: the reign of Louis XI 1461-83 (Penguin edition 1972) p.339

[3] JD Mackie – A History of Scotland (Pelican Original 1964) p.75: the ‘auld alliance’ between Scotland and France was the natural result of English ambition and aggression. Although a formal alliance was not signed until 1295, the Scots and French were old friends having already aligned themselves to resist the Angevin kings. However, it is possible that historians over estimate the effectiveness of the ‘auld alliance’. Its terms were not equal, being more onerous for the Scots than for the French. Neither did it protect John Balliol from an English invasion and deposition by Edward I in 1296; nor, James III from an English invasion and near deposition in 1482. With the benefit of hindsight, we can see how ineffective the alliance was in times of most need. However, that was not known before the event and the auld alliance was not something Edward could ignore.

[4] The Chronicle of the Union of the Two Noble & Illustrious Houses of Lancaster and York (London 1809) p.555

[5] 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 occupied about a quarter of England’s total area, they accounted for only 15% of the population (Pollard’s best guess). There was much antipathy between the north and south.

[6] Sean Cunningham – The Yorkists at War, published in Harlaxton Medieval Studies [Hannes Kleineke and Christian Steer-Eds] (Shaun Tyas and Richard III and Yorkist Historical Trust 2013) p.176, note 2. There is evidence of lawless behaviour by English highland clans in the thirteenth and fourteenth centuries (see Cynthia Neville – Violence, Custom and the Law: the Anglo Scottish Border Lands in the Later Middle Ages (Edinburgh 1998) pp.1-26). There is also extensive evidence of cross-border reiving from the mid-sixteenth century. There is, however, a dearth of official records or anecdotal accounts from the fifteenth century of low-level reiving. Nonetheless, it defies common sense to think that reiving diminished or ceased during the fifteenth century.

[7] Cunningham; ibid

[8] Norman Macdougall – Richard III and James III: contemporary monarchs, parallel mythologies, published in ‘Richard III: loyalty lordship and law’ (PW Hammond – Ed) (Richard III and Yorkist History Trust 1986) pp. 148-71 but esp 157-59. Macdougall provides a useful summary of Anglo-Scottish conflict in the 1470’s and 80’s from a Scottish perspective. See also Mackie, p.115 for a pithy assessment of James’ difficulties.

[9] Charles Ross – Edward IV (BCA edition 1975) p.29; Bertram Wolffe –Henry VI (Yale 2001 edition) p.326

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

[11] Ross (E4) p.51; Michael Hicks – The duke of Somerset and Lancastrian loyalism in the north: published in Richard III and his Rivals: magnates and motives in the War of the Roses (London 1991) pp.156-58; SJ Payling – Edward IV and the politics of conciliation in the early 1460’s: published in ‘The Yorkist Age’, Harlaxton Medieval Studies, Vol 23 (Hannes Kleineke and Shaun Tyas –Eds) (Shaun Tyas and the Richard III Historical Trust 2013) pp.81-94; Chris Given-Wilson (Ed) – The Parliamentary Rolls of Medieval England (Boydell Press 2005): Rosemary Horrox (Ed) Volume 13, pp. 42-53 (PROME). Sadly, it is impossible for me to do these complex arguments justice in this post. The argument turns turn on a detailed analysis of two lists of Lancastrians to be attainted. The first list is (presumably) a draft; the second list is that actually published in the Act of Attainder passed by the 1461 parliament and contained in PROME. There are many differences and inconsistencies between the two lists.

[12] Keith Dockray – Richard III and the Yorkshire Gentry 1471-85, published in Richard III: loyalty, lordship and law (PW Hammond Ed) (Richard III and Yorkist History Trust 1986) 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 retinue when they landed on the Yorkshire coast in 1471.

[13] Dockray (R3 and the Yorkshire Gentry) p.41

[14] Norman Macdougall – James III: a political study (Edinburgh 1982) pp.128-29

[15] AJ Pollard – Richard III and the Princes in the Tower (Bramley Books) pp.73-74; Cora Scofield – The Life and Reign of Edward IV (Fonthill 2016 revised edition) Vol 2 p.129 citing Edwards instructions to his ambassador in Edinburgh in BL Cotton MS Vespasian CXVI. ff 118-120. The piracy referred to by Pollard was a reference to an action by Gloucester’s ship Mayflower, which captured and plundered the ‘Yellow Carvel’, which was ’James III’s ‘own proper carvel’, off the English coast.

[16] Scofield Vol 2 p.54, note 1; Scofield cites Louis’ instructions to Alexander Monypenny in ‘Legrand’s collection, MS francais 6981 ff pp. 214-217. Legrand dates this document to 1474. There is no doubt it was the same offer James had made in 1473, though then he wanted a pension of sixty thousand crowns (Cal Milanese Papers, 1, pp. 174-175)

[17] PROME Vol 14, pp. 3, 14-24 & 341, Appendix 1; Edward summoned parliament on the 6 October 1472 to vote him a subsidy for the war with France. The debate was lively and interesting with guest speakers from home and abroad, including the duke of Burgundy (Pronay and John Cox – The Crowland Chronicle Continuations 1459-86 (Richard III and Yorkist Historical Trust 1986) p.133). In a speech made on Edward’s behalf, the reasons given for waging ‘war outwards’ were that it averted ‘war inwards’ (civil war) by uniting the factional English nobility in a common cause and “… offered an opportunity not only to recover Normandy and Guyenne but also the crown of France in alliance with the dukes of Burgundy and Brittany.” In view of these reasons, it is difficult to give credence to a later suggestion that Edward was not serious about conquering France.

[18] Cunningham p.183.

[19] Commynes pp.264-66

[20] Cora Scofield – The Life and Reign of Edward the Fourth (Fonthill 2016 edition) Vol 1, p155

[21] Mackie p.155; the Scottish nobles resented James’ inclination to make peace with England ‘the auld enemy’ and his attempts to curtail their independence by enforce a centralised royal authority.

[22] Pronay p.147

[23] Cunningham p.177

[24] Cunningham p.178

[25] Robert Davies (Ed) – Extracts from the Municipal Records of the City of York during the reigns of Edward IV, Edward V and Richard III (London 1843) p.107 & note.

[26] Jean Froissart – Chronicles (Penguin 1968) pp.46-47. Froissart is writing about a Scottish invasion, which took place in 1327. Whilst the technology may have been different in 1480, I doubt their miserable experience would have been much different for those on the sharp end in the winter of 1481-82.

[27] The Plumpton Correspondence (Camden Society 1839) p.40; Davies YMR p.107 note citing the Plumpton Correspondence

[28] YCR p.36; the dissonance between Northumberland’s certainty that the Scots had actually entered England and Gloucester’s belief a day later that they intended to do so ‘next Saturday’, is best explained by the ‘fog of war’.

[29] Ross (E4) p.279, note 2; Ross says ‘the evidence for the counter raid rests upon Edward’s own statements in a cygnet letter to Salisbury and on a report from James III to Louis XI mentioned in a despatch of 19 October 1480 (Benson and Hatcher, ‘Old and New Sarum’, p.199; CSP, Milan 1, P.244). All the main 20th century biographers (Kendall, Scofield and Ross) mention it en passant.

[30] Anthony Goodman –The Wars of the Roses: military activity and English society 1452-97 (Routledge & Kegan 1981) p.162; HJ Hewitt – The Black Prince’s Expeditions (Pen and Sword Edition 2004) pp.46-49, and Lt Col Alfred Burns – The Crecy War (Eyre and Spottiswoode 1955) p.246; I have taken my definition of chevauchée from Professor Goodman. Colonel Burns’ definition is substantially the same, though more precise (literally: ‘procession of mounted men’; troops (all-arms) on the march or on expedition; translated by most English writers as ‘raid’. Mr Hewitt suggests that it was generally taken to mean a specifically military operation carried out on a relatively small scale.

[31] Hewitt, pp.46-47

[32] Cunningham p.183 and note18; he cites the lists of wages from the Tellers Rolls for 1475, NA.E405/59 and E405/60.

[33] John Harding (1378-1464). Hardyng was a squire in the service of the earl of Northumberland. He fought at the battles of Shrewsbury (1403) and Agincourt (1415). Hardyng mapped Scotland over a period of three years on the orders of Henry V. This map was produced as an aid to any English invasion force.

[34] Hewitt, pp.47-48

[35] Davies (YMR) p108 and note; Scofield P.294; Cunningham p.186

[36] Ross (E4) pp. 280-81; Ross (R3) p.45; Scofield pp. 304-05

[37] John Ashdown-Hill – Richard III’s beloved cousin: John Howard and the House of York (The History Press 2015) p.62

[38] Scofield Vol 2 p.303-05; Ms Scofield provides useful details of Edward’s naval and military preparations

[39]  Michael K Jones – Richard III as a soldier, published in Richard III: a medieval kingship (J Gillingham –Ed) (Collins and Brown 1993) pp.99-100.

[40] Ross (E4) p. 282

[41] Ross (E4) pp.282-83

[42] Scofield Vol 2, p.321; Ross (E4) p.282

[43] John Lesley – The History of Scotland from the death of James I in the year 1436 to the year 1561 (Bannatyne Club 1830) p.45

[44] Scofield ibid

[45] Froissart pp.48-52

[46] Davies YMR pp.127-28, 174; York, already committed to providing 120 archers for active service in Scotland later provided an additional 80 horsemen at their own expense. It was good service that Gloucester would not forget when he became king.

[47] Davies YMR ibid; there is the slightest hint if this in Davies (p.127), which I paraphrase: ‘The right high and mighty prince the duke of Gloucester, by the grace of God intends, in his own person, to enter Scotland on Wednesday next and to subdue the king’s great enemy the king of Scots and his adherents’

[48] Kendall p.141; Ross (E4) pp.237-38

[49] Kendall ibid

[50] Davies p.129. Albany was styled ‘Alexander king of the Scots by the gift of the king of England’, a title that was bound to infuriate and motivate the Scots.

[51] Macdougall (J3 and R3) p.163; the advantage of using Macdougal is that he writes from a Scottish perspective

[52] Scofield Vol 2, p.345

[53] Kendal p.143; Pronay (CC) p. 149 The Crowland chroniclers actually seems to deplore Gloucester’s humanity!

[54] Pronay, ibid

[55] Ross (E4) pp. 289-90

[56] Macdougal (J3 and R3) pp. 164-65; Cunningham pp.192-94; Kendal pp141-43

[57] Cunningham p.183; PROME, Vol 14, pp.412-25

[58] Ross (R3) pp.25-26; as professor Ross observes, Edward’s policy of creating powerful independent warlords was dangerous since they might threaten the monarchy in future. He is unsure whether it is a case of Edward losing his grip or of Gloucester exerting undue influence; nonetheless, it seems to have been Edward’s deliberate policy to empower his brother.

 

 

TWO BRIDES FOR TWO BROTHERS

 

‘Did Richard III Marry His Sister?

 

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

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

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

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

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

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

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

seven

Richard and “Incest”

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

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

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

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

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

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

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

 

 

More mtDNA investigations

This time, the subject is Edward II and the investigator is Kathryn Warner, his most recent biographer:
http://edwardthesecond.blogspot.co.uk/2015/10/elizabeth-de-clare-isabella-de-verdon.html

Like Richard III, Edward II was reportedly buried in a prominent position – the high altar of Gloucester Cathedral. Although Kathryn Warner doesn’t believe that he died in Berkeley Castle in September 1327, she is seeking his female line relatives to prove it either way because mitochondrial DNA is so reliable and has found a few of his nieces who may be of use, one line already stretching to the eighteenth century so far. Also like Richard, Edward has been plagued by demonstrably absurd denialist myths.

The Auramala Project, as this is now known, has involved some in the interesting city of Pavia – in this case a tomb at the .http://www.eremosantalbertodibutrio.it/index.php?lang=en that is the alternative location for Edward’s remains. I wonder how close it is to the Basilica of San Pietro in Ciel d’Oro where Richard’s nephew, Lord Richard de la Pole, was buried in 1524-5 and is still supposed to be?

There is, of course, a second possible method. Richard’s own Y-chromosome is now recorded, as have several descendants of an early Duke of Beaufort. Although his Y-chromosome differs from theirs (and one of theirs from the others), all are thought to descend from Edward II and thus should be identical to him in this respect.

Just to return to the rules:
1) Find some records of the burial.
2) Find a bearer of identical mtDNA – and a Y-chromosome sharer if convenient.
3) Describe the deceased in terms of age, height, build, era, diet and other factors.
4) If an individual turns up in the right place who is a DNA match and a physical match, you have probably found your target.
5) Eliminate all other DNA matches if possible, as in Appendix 1 of Ashdown-Hill’s “The Mythology of Richard III”, although someone like Hicks will still claim that the remains could belong to “anyone”.

If the DNA process can be carried out for Richard III (b.1452) then Edward II (b.1284) should be possible and easier than Stephen (b.c.1096 and apparently in Faversham), Henry I (b.c.1068, being sought in Reading) or Alfred (b.c.849, a fragment found in Winchester). We will follow this Project with interest.

Just one missing word mars a conclusion

I have recently perused the critical pages (180-191) of Michael Hicks’ latest work: “The Family of Richard III”, relating to the evidence of the remains found in the former Greyfriars.

He states that the mitochondrial DNA evidence only shows that the remains are of an individual related to Richard III. He doesn’t admit that the Y-chromosome tests prove the existence of at least one “milkman” between Edward III and either Richard III or (more probably) the family of today’s Duke of Beaufort. He states further that the other physical evidence only shows a man of the right age group, with scoliosis who died in battle at any time in the right century – suggesting Lord Richard de la Pole as a random alternative, although we know where he was buried (the Augustine Basilica of San Pietro in Ciel d’Oro) and there is no evidence whatsoever that he could have been moved since 1525, apart from him being at least a decade older than his uncle at death. John de la Pole, Earl of Lincoln, also suggested, was seven years younger than Richard III.

The missing word is “and”, whereas “or” is widely implied. Take the set of people known to share Richard III’s mtDNA, as per point one, descended from Catherine de Roet or her sisters, her brothers having died either too early or at too great an age. Take the set of 25-40 year-old men with scoliosis who ate a good diet and died in battle from 1450-1530, as per point three, excluding those who are known or widely believed to be buried elsewhere. Now, because the evidence really is mutually supporting, look at the intersection, not the union, of those two sets – as demonstrated in Appendix 1 of Ashdown-Hill’s “The Mythology of Richard III” (pp.176-181) – it leaves only Richard III himself and very few obscure relatives who probably died in infancy.

What really disappoints me is that I expected some serious counter-evidence, such as Lady de Roet’s identity or, better still, that of her mother, allowing us to identify and investigate more of Richard’s hitherto unknown cousins. It doesn’t, although it does (p.190) identify that Catherine de Roet bore Swynford and Beaufort sons so close together as to create confusion (see the Y-chromosome reference). Once again, has Hicks hedged his bets by conceding the opposing case in the middle of a paragraph?Hicksosaurus

EDWARD V–YOUNG APOLLO OR INVALID?

There are some, though increasingly few in number, who still wish to believe the ‘bones in the urn’ at Westminster are, without doubt, the remains of Edward V and his brother, Richard of York. Professor Hicks, among others, chides those who ‘do not wish to believe’ despite ‘the best medical opinion of the day.’ (Extraordinary statement, since Hicks has doubted the veracity of Richard III’s remains, despite overwhelming modern scientific confirmation…yet in the 1930’s, prIor to the advent of Dna testing,not even the sex of pubescent/pre-pubescent children’ remains could be accurately ascertained, let alone their identity.)

The examination of the fragmentary skeletons shows that the elder of the two suffered some kind of dental disease, either the potentially fatal osteomyelitis, or the lesser but still painful and unpleasant oteitis. In the former ailment, modern day patients have described their faces as ‘swelling like a balloon’, have complained of ‘not sleeping properly for a year with pain’ and having ‘stabbing pain in jaw, face and eye area.’ This is with modern medical intervention, including powerful painkillers and antibiotics. In oteitis, bone forms rather than is destroyed; although not generally as painful as osteomyeletis, or potentially life threatening, it is still an inflammatory response to peridontal infection, and would be connected with abscessed and decayed teeth. Uncomfortable at the very least and can also cause swelling and pain.

Now the young Prince Edward was never once in his lifetime described as sickly or unattractive. Indeed, he was described, in glowing terms, as a veritable young Apollo and a budding scholar of high intellect…
Mancini writes:

“He had such dignity in his own person, and in his face such charm that however much they might gaze, he never wearied the eyes of beholders.”

“… I should not pass over in silence the talent of the youth. In word and deed, he gave so many proofs of his liberal education, of polite, nay rather scholarly attainments far beyond his age; all of these should be recounted, but require so such labor, that I shall lawfully excuse myself the effort. There is one thing I shall not omit, and that is, his special knowledge of literature, which enabled him to discourse elegantly, to understand fully and to disclaim most excellently from any work whether in verse or prose which came into his hands, unless it were from among the more abstruse authors.”

Although young Edward’s household was in Ludlow, he was not hidden away from the world in any wise. From 1480 onwards, there are at least eight recorded instances when he was involved in public activities with his father, Edward IV, or at court with his parents.

The above hardly sounds like the activities or description of a sickly boy wracked with constant dental pain and infection. The fact that Edward had a physician, Dr Argentine, with him need not imply sickliness. It was normal for royalty to have their own private physicians to attend to their well-being.

George Buck is the only writer of the past to mention that Edward V may have been unwell. He gives no proof, other than none of his full blood siblings lived to a very great age. I am sure most traditionalists would not be inclined to accept Buck’s idea in this regard, as in other respects his reports on Richard are positive ones and question the Tudor ‘story’ and it would surely mean they had to give some credence to them!

So, it comes down quite simply to this:
If Dominic Mancini is to be believed, and Professor Hicks postulates he may have even met the young Edward V, the youth cannot have been suffering any noticeable afflictions or physical abnormalities. Any such blemishes would also surely have been noted in his public appearances (if such appearances were even possible had he been chronically ailing). They were never mentioned.
So therefore, if Edward V was the bright, handsome and intellectual young ‘Apollo’ of Mancini’s glowing description, it is almost impossible that the child with the abnormal jawbone ,whose remains lie in the urn in Westminster, is in fact him.

Sources:
Annette Carson- The Maligned King
Dominic Mancini –The Usurpation of Richard III
Michael Hicks-Edward V
http://www.oralhealthgroup.

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

Part 6 – “The peace of England, and our safety enforced us to this…”

“So mighty and many are my defects

That I would rather hide me from my greatness

Being a bark to brook no mighty sea

Than in my greatness covet to be had

And is the vapour of my glory smothered”

(William Shakespeare)

 

“ I am unfit for state or majesty”

Richard duke of Gloucester had to put his thinking cap on. His hopes for a peaceful transition from the reign of Edward IV to that of Edward V were dashed. The bishop of Bath and Wells’ revelation that Edward IV was still wed to Eleanor Butler when he married queen Elizabeth had cast a deep almost impenetrable shadow over the royal succession. If true, it meant that he, and not any of his brothers’ children, was the legitimate Yorkist heir.[1] All the while he believed that Edward’s children were legitimate, the duke saw it as his duty to work towards Edward V’s enthronement regardless of his personal feelings. However, the truth was that England was not ready for a boy king, especially a Woodville one. The knowledge that young Edward and all his siblings were illegitimate presented the best opportunity to secure the peace and stability of the realm by putting a proven soldier and administrator on the throne instead of a callow youth. Once the duke was sure that the pre-contract was true his course was obvious. He must take the crown in the national interest and his own. The problem was that that course cut right across the creed he lived by: ‘Loyaulte Me Lie’. Duke Richard was a soldier, a practical man, a ‘doer not a wooer’. The requests for help from York and from his northern adherents were Gloucester’s military solution to a security problem. However, Gloucester the politician was in denial. Catesby’s news that Hastings had joined the conspiracy to murder him and Buckingham and that he (Hastings) had known of the pre-contract for some time raised another practical crisis he could get his teeth into. He had faced danger and death many times in his relatively short life. Ironically, it put him in his comfort zone to deal with this problem like a good soldier rather than a savvy politician[2].

My contention is that since emotionally he was unable to solve the paradox between what he — in his heart of hearts — knew he must do and what he wanted to do about the pre contract he took it out on Hastings. This dilemma clouded his judgment and led him to make two huge mistakes. His first and most serious mistake was to underestimate the role of Margaret Beaufort with Morton in this and in other conspiracies. His second mistake was his failure to bring Hastings before a properly constituted law court for his treason. The outcome was that it allowed his opponents to circulate adverse rumours about him and to defame his posterity. Worst of all, it united disaffected Yorkists and ambitious Lancastrians against him. All this, however, lay in the future. For the moment, he had retained the trust of the council and the city fathers, who believed he was acting in Edward V’s best interest.   They were pleased that he had curbed Woodville power and removed the king from under their baleful influence.

“Look to see a troubled World”

We know from contemporary private sources that whilst there may have been an air of crisis over the weekend with armed gangs on the streets, Londoners in general (and I include the merchant middle class guilds and aldermen in this) and the councilors in particular did not see the threat as coming from the duke of Gloucester. Professor Hicks sums-up the situation nicely: “ Hastings’ death did not stir fears amongst the political leadership that Richard aimed for the throne, but, if anything served to reinforce fears of the queen and the Wydevilles (Woodvilles) and to strengthen trust in Richard.” Hicks also cites the enigmatic note of George Cely as evidence that Richard was not seen as the threat to the peace and stability of the realm: “There is great rumour in the realm. The Scots have done great [damage] in England. The Chancellor [Rotherham] is deprived and not content. The bishop of Ely is dead. If the king, God save his life, were to die; the duke of Gloucester were in any peril.   If my lord Prince, whom God protect, were troubled. If my lord of Northumberland were dead or greatly troubled. If my lord Howard were slain.” This is not only a good indication of the fear and rumour prevalent, but it also shows that Cely (a Lancastrian wool merchant) feared for the safety of Richard.[3] Notwithstanding Charles Ross’ assertion that the evidence of a Hastings/Woodville conspiracy rests entirely on Richard’s say so,[4] Michael Hicks and Annette Carson both provide evidence that people believed him at the time[5]. It is impossible to escape the conclusion that the accounts of Mancini, Crowland and the vernacular London Chronicles included ex post facto embellishments of these events, which were added for partisan reasons to blacken Gloucester’s reputation. They seriously exaggerated the backlash against him.

 

“You break not sanctuary be seizing him”

It is early Monday morning the 16 June 1483: grey and cheerless. An unseasonal chill wind is blowing from the east as the king’s councilors gathered at the Tower. They were understandably wary and nervous. The sudden execution of the Lord Chamberlain last Friday has caused consternation in the city. Notwithstanding the Lord Protector’s calming proclamation, treason is in the air; ordinary people had their swords and daggers to hand; armed men roamed the city streets. Everybody was edgy and suspicious. The tension was tangible. Once the council had assembled and the royal dukes were ready, the whole party moved to Westminster in boats, accompanied by ‘eight boatloads’ of soldiers. Thomas Bourchier the Archbishop of Canterbury together with Lord Howard and other councilors preceded to the Abbots house at Westminster escorted by the soldiers. The dukes of Gloucester and Buckingham with the remainder of the council adjourned to the Star Chamber at Westminster Palace to await events.

After an emotional exchange with the Archbishop, the queen allowed her youngest son to leave sanctuary. She is said to have done so graciously, ‘as far as words went’. Nevertheless, she and the remainder of her family remained in sanctuary. Following a brief reception at Westminster Palace, the young duke of York was escorted to be with his brother in the royal apartments at the Tower. The council then turned to the other main business of the day: the king’s coronation. The councilors were satisfied that the Lord Protectors actions on Friday were justified. The Woodville faction was still regarded as the biggest danger to the stability of the realm. Two important decisions were made. First, the coronation was postponed from the 22 June until the 9 November 1483. Second, the Parliament fixed for the 25 June was cancelled. The business of the day was done[6].

It is obvious that Gloucester had prepared for the removal of York from sanctuary. The eight ‘boatloads’ of troops did not magically appear. They were organised and tasked for their role beforehand. Similarly, the decision to pierce the sanctuary boil had to have been taken over the weekend. Things like that cannot be done extempore. It suggests some basic rethinking by Gloucester. The presence of the young prince was desirable at his brother’s coronation; it was unthinkable that king Edward should be crowned without him there. Indeed, that was the reason given to the queen by the Archbishop when requesting York’s release. The subsequent postponement of the coronation and the cancellation of Parliament were the inevitable consequences of the events of the previous week. In theory it gave more time for reconciliation between the Lord protector and council, and the queen. However, the reality was that reconciliation was almost impossible now. Though in practical terms, the cancellations gave Gloucester more time to resolve the pressing problem of the pre-contract.

If Gloucester decided to seize the crown the possession of both Princes was a pre-requisite. This may explain the ambiguous use of troops. It’s true that the soldiers could have been there simply to protect the royal family and the councilors from the armed gangs in London. It might have been just happenstance, but there is little doubt that the presence of troops was meant to put pressure on the queen to release her son. Mancini reports that Gloucester intended to use force if necessary, and the credulous Professor Charles Ross believes that Gloucester would have risked the ‘moral obloquy’ of forcing sanctuary’ if need be[7]. I’m not so sure he risked obloquy by forcing sanctuary. It would not have been his preference, but he had tried all reasonable means to persuade the queen to re-join the court and she was obdurate. He was a deeply religious man, almost puritan in his piety and it would have grieved him. However, he had the backing of the council, and I doubt if the Archbishop of Canterbury would have acted as his spokesman if he thought Gloucester was a threat to Edward V; neither could Gloucester compel him to do so.

I have been thinking about what has happened over this weekend 532 years ago. What does it mean for Richard duke of Gloucester? Did he do the right thing? And what should he do next? I suspect that those were also his thoughts half a millennium ago. From his perspective, the weekend was a success. The plan was good and its implementation almost flawless.   He crushed a dangerous conspiracy with ease; three of the conspirators are in custody and Hastings is dead. Reinforcements from the north are being organised and he now has custody of both of Edward’s sons. Nevertheless, I have the feeling this was the weekend when Richard won a battle but lost the war. Fatally, his ‘victory’ was nor decisive. His most dangerous and inveterate enemies escaped, and those he did capture were allowed to continue their treasonous plotting unhindered. Even that peerless Ricardian Sir George Buck criticizes Richard for not executing John Morton and keeping Margaret Beaufort incommunicado under lock and key.

Anthony Woodville Lord Rivers, Sir Richard Grey and Sir Thomas Vaughan were executed on the 25 June 1483. Sir Richard Ratcliffe supervised their execution under the auspices of the earl of Northumberland and Ralph Neville. Both Mancini and Crowland say that they were executed without trial or justice. However, the presence of Northumberland suggests that there may have been some form of judicial process. Mancini says that Richard gave the order for this execution on his own authority and in defiance of the council’s earlier decision not to charge Rivers et al with treason. However, Gloucester had no reason to flaunt the council, nor was he likely to do so as he was dependent on their support.  He ordered their execution in his capacity as the Lord Protector and Defensor of the realm, with specific responsibility for defending England against external enemies and internal traitors. I have little doubt myself that Rivers, Grey and Vaughan fall into the category of traitors.

Be that as it may, more important to me in this essay, is what this tells us about Gloucester decision to claim the throne by right of strict inheritance. For the executions to take place on the 25 June, they had to have been ordered by the 16 or 17 June 1483 at the latest. Hicks infers that Sir Richard Ratcliffe carried the death warrants north on the 11 June 1483 with Gloucester’s urgent plea for help: but he is mistaken[8]. Crowland writes explicitly that Sir Richard Ratcliffe with the northern lords and their troops were moving south when they interrupted their journey at Pontefract to execute these prisoners[9]. Indeed, they bought Rivers and Grey with them from where they were incarcerated to the place of execution. This indicates to me that they knew the duke’s need for troops was no longer so urgent since he had already foiled the Woodville conspiracy. It is also clear that at the same time they received instructions to execute the Woodville traitors. The inference that I draw from this is that duke Richard sent another message north; one, which, by its secret nature, we may never know about. This contained not only the details of the arrest and execution of Hastings but also the warrants for the execution of Rivers Grey and Vaughan and it must have been sent after the 13 June and before the 17 June 1483. That is when I believe Gloucester decided to assume the crown in place of his nephew. He could not have contemplated executing Rivers and Grey unless he intended to become king of England.

[1] I have not forgotten Edward of Warwick, Clarence’s infant son. It is simply that he was never a serious contender for the throne. First he was the son of an attainted traitor and second, he had no support amongst the English nobility for the reversal of the attainder or for his succession.

[2] As the youngest son of a duke, Richard was not expected to succeed to the throne. Consequently, his upbringing, training and experience had done very little to prepare him for this situation.   Throughout his adult life he had served his brother faithfully and well in a subordinate capacity. His training and aptitude for soldiering, and his military experience, combined with his successful tenure as ‘Lord of the North’, demonstrated that duke Richard was a capable governor and certainly not a soft touch. However, his voluntary absence from Edward’s decadent court meant that he was unused to the intensity and causticity of Beaufort and Woodville intriguing when he had to deal with it. A shrewder politician might have seen the danger of the Beaufort/Tudor/Morton axis earlier, and dealt with it.

[3] Michael Hicks – Richard III (Tempus 2000 revised edition) at pages 114-116. Hicks’ analysis of the contemporary opinion of Richard during May and June 1483 supports the view that his action in curbing the Woodvilles was popular and the execution of Hastings was justified. In fact, Hicks makes a point of rejecting Mancini’s account as hindsight, along with other chronicle accounts. He observes, “The events that follow are a better guide.”

[4] Charles Ross- Richard III (Yale 1999) at page 81

[5] See Hicks, ibid. See also Annette Carson – Richard III: the maligned king (The History Press 2013 revised edition) at pages 102-104. Carson is a particularly useful reference since the author has helpfully collated the relevant sources for this episode in one place. It obviates the need for me to go into any more detail.

[6] I have followed the following sources in reconstructing this event. AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III [Oxford, 1969]) at pages 89 and 124, note 74. See also Nicholas Pronay and John Cox (editors) – The Crowland Chronicle continuations 1459-1486 (Richard III and Yorkist History Trust 1986) at page 159; and also Richard J Sylvester – The complete Works of St Thomas More, Volume 2: the History of King Richard III (Yale 1963) at pages 45-49 and note 46/7-47/1 page 216.

[7] Ross, page 87.

[8] Hicks, at pages 132-133; Hicks makes the point that Northumberland and Neville were hardly likely to comply with Gloucester’s instructions unless they were assured of immunity from any recriminations. His inference that they knew of Gloucester’s intended usurpation before they set out from the north is inescapable. However, and not for the first time, professor Hicks has failed to explore other possibilities. Instead, he confines himself to an inference that fits his pre-conceived conclusion that Gloucester was deceiving the council and manipulating public opinion. It is a conclusion based on the premise that usurpation was always his intention. A premise, which is not supported by the evidence of what actually happened between April and June 1483.

[9] Crowland at page 161

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