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Just WHY did Buckingham think he could cross the flooded Severn….?

Buckingham and Flooded Severn

On this date, St Luke’s Day, 18th October, in 1483, apparently egged on by that notorious Lancastrian plotter, John Morton, Bishop of Ely, Henry Stafford, 2nd Duke of Buckingham unfurled his banners in rebellion against his cousin, King Richard III. Morton was supposedly Buckingham’s prisoner, handed over to him by Richard for safe keeping. Safe keeping turned out to mean listening to Morton’s every seditious word and treating him as an honoured house guest. To make the king’s task all the more difficult, and to spread his resources thin, uprisings were already in progress elsewhere in England. Richard was therefore alert, and in swift action to secure his realm.

The whys and wherefores of Buckingham’s revolt are not of consequence for this article, because one thing about his action that 18th October has always bothered me. He was well acquainted with the Severn. He had to cross it every time he went to and from England from his stronghold in Brecon, so he would know the hazard it presented. This would be especially so at times of spring tides, and of the widespread floods that barred his way on this occasion. After ten days of endless rain and stormy weather, the river had burst its banks to a huge extent. Buckingham’s decision to cross anyway was not just unwise, but suicidal. Even allowing for a bridge, the approaches to which were miraculously not submerged, crossing over with an army of men would take time, and every minute counted when he was taking on a commander as clever and experienced as Richard. Maybe Buckingham felt that he had no choice. He had committed himself to join the rebellion, and maybe he saw some great prize in store if it succeeded. Maybe the prize was Richard’s crown.

Learning of Buckingham’s treachery, Richard called him “the most untrue creature living”, which is a measure of the hurt and incredulity he felt toward the second cousin upon whom he had showered rewards and position. Richard was no slouch when it came to military matters, and immediately ordered the destruction or blocking of all the bridges and river crossings that Buckingham might intend to use.  Richard wanted the duke trapped on the Severn’s western bank, where he was being harassed from behind by the Welsh Vaughan family. The longer his forces could be held back, the less secure his position became. Richard knew that soon the dissatisfied Welshmen forced into Buckingham’s service would begin to desert. Buckingham had never treated them well, and they resented him.

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Gloucester West Gate

Gloucester’s old West Gate

It is now generally agreed that Gloucester was Buckingham’s goal, because it provided the most direct route to London. But to cross there, over the long Westgate causeway that was raised over the channels of the Severn and the marshy island that lay between them, meant marching right through the city, for that was the only access and egress from the Welsh side. Did Buckingham have reason to think the gates would be flung open to him? The records suggest that choosing Gloucester was no last-minute decision, Buckingham had definitely intended all along to take that route, approaching through the Forest of Dean, so maybe he did have allies in the city. Or Morton did. It was to prove immaterial anyway, because the floods had turned the Severn into a sea. Buckingham and his army could not set foot on the causeway, let alone the city streets.

Tewkesbury on island in floods 2007

Tewkesbury Abbey on an “island” during the floods of 2007

The first crossing upstream of Gloucester was a ford just south of Tewkesbury at Lower Lode. Such a crossing would require very low river levels, which was most unlikely in October, around the equinox. In the middle of a hot, dry summer, perhaps. Otherwise, forget it. There was a ferry, of course…but imagine the time needed to convey a whole army, horses, weapons and all, even if the river were not in flood. With all that water, no ferryman would embark on such a hazardous exercise. The next bridge was at Upton on Severn, some way upstream, and had probably already been dealt with by Richard.

All factors concerning the arduous matter of crossing the Severn had been encountered in 1471 by Margaret of Anjou, prior to the Battle of Tewkesbury, and she did not have floods to deal with as well. She was trying to take her army into Wales. Buckingham was the other way around. See: https://murreyandblue.wordpress.com/2017/05/03/at-the-gates-of-gloucester-in-1471/

The warning signs would have been there for Buckingham and Morton all the way from Brecon, beginning with the River Usk which flowed past the castle and town. If the Usk was in spate on its way to the Bristol Channel and estuary, so too would be the next river to cross, the Wye, and finally the Severn itself. In between  the various streams in the Forest of Dean would no longer be sparkling, trickling, babbling little brooks, but  mini-torrents crashing their way down the gradual slope toward the sea.

The Severn still floods in prolonged bad weather, and is worse during the equinoxes. It sometimes floods in the summer too, as in July 2007. It is also subject all year around to a notorious wave, called a bore, that twice a day races in from the estuary and is confined and raised by the narrower channel of the river itself. Back then it could flow inland as far as Worcester. Now it is stopped at Maisemore weir, outside Gloucester. Some bores are small, some large, and in October are usually the latter. They swell any floods still more, and when the Severn bursts its banks, it spreads for miles.

Gloucestershire floods

Buckingham, and his nemesis Morton, could not possibly have been in ignorance until the moment of actually seeing the floods. Didn’t they have any scouts? Any local guides? Couldn’t they use their eyes all the way from Brecon? At the very least they should have anticipated it something.. Once closer to the Severn, they probably couldn’t even locate the riverbank, which would be somewhere in the great expanse of fast-flowing, muddy water that was pierced here and there by trees and dwellings.

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The following descriptive report is also quoted here (and https://murreyandblue.wordpress.com/tag/buckingham-rebellion/)  and serves to illustrate exactly how foolhardy Buckingham was to even consider the crossing. “In the second year of Richard III in the month of October 1483, as the Duke of Buckingham was advancing by long marches through the Forest of Dean to Gloucester, where he designed to pass with his army over the Severn, there was so great an inundation of water that men were drowned in their beds, houses were overturned, children were carried about the fields swimming in cradles, beasts were drowned on the hills. Which rage of water lasted for ten days and nights, and it is to this day in the counties thereabout called ‘The Great Water’ or ‘The Duke of Buckingham’s Water’ (Gloucester Journal November 1770).”

Our inability to understand, only guess, Buckingham’s motives in rising against Richard, lead us to view him as an arrogant numbskull. Did he actually hate Richard with a vengeance? Had Morton, that unholy man of God, convinced him of his own birthright and invincibility? Blessed him in the name of the Lord? Promised the aid of the saints? Vowed he could part the Severn Sea with a brandish of his crozier? We may never know. All we know is that the duke and his army reached the Severn and couldn’t cross. His Welshmen deserted him, Morton melted away too, and Buckingham had to flee north, eventually to be captured hiding near Shrewsbury.

Morton the Man of God - 2

Buckingham was taken prisoner to Salisbury, tried and beheaded, begging to the end for the chance to explain himself to Richard, who refused to receive him. Part of me wishes Richard had granted the request, because Buckingham’s explanation might have been interesting. Might? It would have been interesting. Illuminating, even.  On the other hand, Buckingham’s son and heir later told that his father had a dagger hidden on his person, which he intended to plunge into Richard at the first opportunity.

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Should anyone wish for a more light-hearted approach to the saga of Buckingham, Morton and the Severn floods, in 2014 I wrote a spoof called Row, row, row your boat.  I hope it amuses.

And if you’re ready for another laugh at Buckingham’s expense…

Buckingham's Big Mistake

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ST MARY’S CHURCH, FAIRFORD: ROYAL PORTRAITS

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St Mary’s, Fairford, Gloucestershire.  ‘A complete and perfect Perpendicular church’  and famous for it fine collection of medieval glass.

Described in Betjeman’s Best British Churches as ‘a complete and perfect Perpendicular’ church(1) this beautiful wool church was rebuilt by John Tame, a wool merchant from Gloucester , in the late 15th Century to replace a much older church.  The tower had already been rebuilt by Richard Beauchamp, Earl of Warwick and Lord of the manor around 1430.  St Mary’s possesses a complete set of medieval stained glass, amongst the finest in England and it is this glass that I want to focus on now.  The glass was made between 1500 and 1517 and, other than the west window, which was severely damaged in a storm in 1703 and later restored, the glass has somehow miraculously survived, although how this has happened remains a mystery.  It has been suggested it has survived because of the royal portraits contained in them. The windows are thought to have been a gift from Henry Vll himself.  It should be remembered that when Henry had the young Edward Earl of Warwick executed in 1499 he seized his estates which included Fairford.  It has also been suggested that Henry may have then given the manor to Prince Arthur whose badge of ostrich feathers and motto appear in some of the windows and one of the portraits is thought to have been modelled up his wife, Katherine of Aragon.  Thirty years after Arthur’s death Henry Vlll presented Fairford manor to Katherine of  Aragon after he had divested her of her title of queen.  The portraits are mostly members of the Tudor royal family and influential people in the Tudor court  although one of them is thought to be of a Plantagenet, that of Henry’s brother-in-law, the young Edward of Westminster, one of the ‘princes in the Tower’   Other portraits were modelled on Henry himself, obviously, his wife Elizabeth of York, Catherine of Aragon, Prince Arthur, Henry’s  daughters Mary and Margaret and a young Henry Vlll and last but not least Margaret Beaufort (2)   I also think its possible that one of them is based on Richard lll, but that is purely my own speculation.

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Nave, north aisle, north Window.  The figure of the Queen of Sheba is believed to be a likeness of Elizabeth of York

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Chancel, north chapel, Lady Chapel, North window.  Jesus as a small boy in the temple modelled on a young Henry Vlll possibly.

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Holbein’s sketch of Henry Vlll as a child to compare IMG_3802.JPG

Nave,north aisle, west window.  The figure of Solomon is thought to have been modelled on Edward of Westminster, one of the ‘princes in the Tower’ and brother to Elizabeth of York

 

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Nave, north aisle, west window.  Could this figure be Morton? It has been described as Wolsey but I disagree.  

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A wooden boss on the roof of Bere Regis church thought to represent Morton in comparison.

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Chancel, south chapel, Corpus Christi Chapel, east window.  This version of the Virgin Mary is believed to have been modelled on Mary Tudor, Henry Vll’s daughter.   See picture below to compare likenesses.

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A portrait of Mary Tudor to compare to her likeness in the above portrait of her at Fairford.

 

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Nave, West Window.  The figure with the crown is thought to be that of Henry Vll entering Heaven.

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Chancel, north chapel, Lady Chapel, north window.  The Magus is believed to have been modelled on Prince Arthur.

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Chancel, north chapel, Lady Chapel, north window.  Two royal likenesses here.  It it thought that the Virgin Mary was modelled after Catherine of Aragon while that of the attendant with the doves is modelled on Margaret Tudor, Henry Vll’s daughter.  Could the lady in red be modelled on Margaret Beaufort?

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Two kings here..Henry Vl on the left and Henry Vll on the right.

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Purely my speculation here but could the warrior holding the severed head be a Tudor representation of King Richard lll?  For surely one shoulder has been depicted higher than the other one! 

I am  indepted to the excellent Corpus Vitrearum Medii Aevi  online for these images

(1) Sir John Betjeman, updated by Richard Surman, Betjeman’s Best British Churches p.270

(2) Sir Nickolaus Pevsner, The Buildings of England, Gloucestershire 1. The Cotswolds, p367 

CARDINAL JOHN MORTON’S TOMB CHAPEL OF LADY UNDERCROFT CANTERBURY CATHEDRAL.

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On Friday 13th June 1483 Cardinal Morton, along with others, was arrested at the Tower of London.  It is well documented the role Morton played in the downfall of Richard lll.  Morton was Richard’s arch enemy and his deviousness, cunning and powers of manipulation being  well known,  there is no need to go into them here in detail,  only to recap briefly on his enforced stay at Brecknock castle where he latched on to the flawed Buckingham’s shallow and vainglorious character (what were you thinking of Richard?!)  inveigling him to rebel and  desert Richard, a  result of the ensuing rebellion being that Buckingham was swiftly defeated,  captured and ignominiously executed, while he, Morton, legged it to the Fens and his ‘see of Ely, where he found both money and friends’ (1)   It should be noted that Margaret Beaufort’s estate at Collyweston was but  a short distance of 40 miles  from Ely.     Morton then  ‘sailed into  Flanders, where he remained,   doing good service to the the  Earl of Richmond until the scheme at Brecknock had been realised and the Earl had become king of England’ (2 ).  As Bishop of Ely Morton would have been very conscious of the sanctity of the Coronation ceremony  but this did in no way deter him from playing a prominent role in the betrayal of King Richard.  How he came to terms with his treachery is difficult to understand,  and is of course something we will never know,  but manage he did somehow and the rest is history.

His achievements are likewise well known and numerous,  including “Tudor” promoting him to the see of Canterbury and  Lord Chancellor in 1487,  eventually prevailing on the Pope to make him a cardinal  , the conceiving of the infamous Morton’s Fork – although to be fair some attribute this to Bishop Fox (3) – and his patronage of the young Thomas More who served in his household as a page.  Morton was without doubt an enormous influence in poisoning the young More against Richard.  More  later went on to write his ‘History’ which has proven to be extremely  damaging to Richard’s memory as it is oft quoted by ‘historians’ who should know better.  It is believed by some that it was in fact Morton who was the original  author including the late Professor A F  Pollard who opined Morton wrote a latin version which More translated later  into English (4).

It is easy to imagine, as he lay dying, after achieving what was a good age in those harsh times, that Morton felt rather pleased with himself for had he not been instrumental in achieving practically the impossible?..the slaughter of a rightful king and replacing him with someone with very tenuous claims to the throne.  He had already made elaborate plans for where he wanted to be buried.in the Chapel of our Lady in the crypt of Canterbury Cathedral beneath the pavement of the western bay.

‘He had chosen the spot himself as a quiet and retired one, “non in tumultu sed in secreto subterraneoque loco in criptis nuncupato, lapide duntaxat coopertus marmoreo coran Imagine Beatissime Virgin Marie, quam ex intimo diligebat sepulture locum elegit ubi ipsius corpus felicissimum jam quiescit” ‘ (5)

Which translates as he  had chosen for his burial ‘not an ostentatious place but rather a secret one with a simple marble cover before an image of the most blessed Virgin Mary., whom he held in very high esteem and where his most fortunate body might rest in peace’

A splendid  altar tomb/cenotaph  was built nearby which incorporated Morton’s rebus of a bird (a mort) and a barrel (a tun), and the Tudor badges of  portcullis and rose.  And here he was laid to rest.

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Morton’s rebus, a bird (a mort) and a barrel (a tun)

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Morton’s  altar tomb/cenotaph in the western bay of the chapel

IMG_3631.JPGAlabaster figure of Morton on his tomb/cenotaph

However, this is where his plans finally went awry.   The crypt became a ‘repository for scaffolding poles and building material, and rendered unfit for sacred purposes’ (6)

 

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Turner’s painting of the Crypt in the 18th century showing Morton’s Tomb/Cenotaph amid building rubble

 The slab covering the tomb was eventually broken and smashed and the remains in their cere cloth  revealed   Over a period of time these were gradually stolen until none were left except his skull which a Ralph Sheldon rescued in 1670 leaving it to his niece on  his death.    Eventually the head  found a final resting place  at Stonyhurst College, where  it still is to this very day.  The head was  recently loaned to an exhibition on the life of  Thomas More in Washington DC (7).   It is both ironic and just that the king that Morton callously betrayed,  and whose remains were given a cut-price burial in Leicester,  have now been reburied with the honour that he deserved,  while all that remains of Morton is his head in a box in a cupboard.   As they say man makes plans and the Gods laugh…

As a footnote to this story in my delving around I think I may have come across a ‘secret’ portrait of Morton in the wonderful medieval windows of St Mary’s Church, Fairford, Gloucestershire.  These windows have survived it is believed because they show hidden portraits of the Tudor royal family and important members of Henry Vll’s court.  One portrait is described as being that of Wolsey…but I believe this is erroneous..why would Wolsey’s portrait being included with those of Henry Vll and his family including Henry Vlll as a child.  I have since compared it with that of the wooden bosses thought to represent Morton at Bere Regis Church.  I show them here for comparison.  Any thoughts?

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The portrait in the nave of St Mary’s Church described as being of Wolsey? But could it possibly be Morton?  

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One of the bosses on the roof of Bere Regis Church thought to represent Morton for comparison.

(1) R L Woodhouse The Life of John Morton Archbishop of Canterbury p.75

(2) Ibid

(3) W E Hampton Memorials of the Wars of the Roses p96.

( 4) A F Pollard Luminarium Encyclopedia.  On line article.

(5) C Eveleigh Woodruff.M.A. The Chapel of our Lady in the Crypt of Canterbury Cathedral p. 158.

(6) Ibid

(7) I am most grateful for this information kindly given to me by Mr J Reed,  Assistant Curator of the  College Collections and Museum by the Association, Stonyhurst College.

Was Lord Stanley present when Hastings was arrested….?

Thomas Stanley signature

Tomorrow is the 534th anniversary of the council meeting in the Tower that culminated in the arrest of Hastings. There have always been inconsistencies in accounts of that day, but the one I am concerned with is whether or not that treacherous snake, Thomas Stanley, was present. You see, according to whose version one reads, at the climactic moment of Hastings being accused of treason, Stanley could have:-

  • Dived under a table/been mildly hit with a pole-axe (!)/or had hands grab him.
  • Been imprisoned in the Tower/held in custody in his own London lodgings/taken to a separate room.
  • Wasn’t there at all.

You pays your money, and you takes your choice.

So, in an (ultimately unsuccessful) pursuit of the truth, I have tried to pinpoint mentions of him. To do this, the early chronicles etc. have to be consulted. I am not a historian or scholar, so I turned first to the truly excellent William, Lord Hastings, and the Crisis of 1483: An Assessment by Wendy Moorhen (Richard III Society). She examines these early accounts, and the following extracts are taken from her work.

“…[According to the Great ChronicleUpon the same [day] dyned the said lord hastynges with him [Richard] and afftyr dyner Rode behynd hym or behynd the duke of Bukkyngham unto the Towyr. When all were assembled a cry of treason was uttered and the usher burst upon ‘such as beffore were appoyntid’ and arrested Stanley and Hastings, the latter being executed without ‘processe of any lawe or lawfully examynacion’…

“…Mancini portrays the events as beginning with Hastings, Rotherham and Ely making a customary call upon Richard in the Tower at ten o’clock. The Protector at once accused them of arranging an ambush upon him ‘as they had come with hidden arms’ and again, by pre-arrangement, soldiers entered the room, this time accompanied by Buckingham, and despatched Hastings forthwith. ‘Thus fell Hastings, killed not by those enemies he had always feared, but by a friend whom he had never doubted…’

“…Crowland merely reported: ‘On 13 June, the sixth day of the week, when he came to the Council in the Tower, on the authority of the Protector, Lord Hastings was beheaded‘.

“…In More’s account…the most colourful and detailed version…During the scuffle Stanley received a blow that knocked him under a table, with blood about his ears, then with Rotherham and Morton, he was arrested. and they were taken to separate rooms while Hastings briefly made his confession, the Protector having declared he would not eat ’til I se thy hed of’…”

“…It is noticeable after reviewing these different accounts that Thomas Stanley only appears in the Tudor versions. Perhaps his fame was not so great in 1483 when Hastings, Morton and Rotherham took centre stage, but it is worth noting that although he is included with the plotters retrospectively, yet less than three weeks later he carried the constable’s mace at Richard’s coronation. Did Stanley, as the step-father of King Henry VII, need to be seen, in retrospect, as acting against Richard?…” 

I move on to other accounts, mostly modern. Next is a passage taken from Richard III and the Murder in the Tower by Peter Hancock. “……the Earl of Derby was hurt in the face and kept awhile under hold…” Hancock also says “…The consensus is that Lord Stanley (the Earl of Derby) suffered some injury to the face and that a number of blows were aimed at him. One account has it that he dived under the table to avoid attack…” 

Richard III by James Gairdner, who admits that his source is More, whose source in turn was Morton (“a statesman of high integrity” who must have told the truth! Eh?) “…The cautious Stanley had a blow aimed at his head with a pole-axe, but escaped with a slight wound in the face and was taken into custody…”) Hastings, of course, was beheaded immediately. Stanley was released on 4th July. A pole-axe??? And still the varmint survived!

Life of Richard III – Sir Clements Markham does not actually mention Stanley when Hastings was arrested. This writer does, however, say that Hastings was condemned and executed a week later, on 20th June. (Stallworthe to Sir William Stonor).

Henry VII by S.B. Chrimes apparently speculates that Hastings was killed during the confusion, not afterwards by execution. He also says “…for whatever precise reason, Richard ordered his [Morton’s] arrest along with Stanley and Hastings and others, in June 1483…”

Royal Blood – Bertram Fields. “…The other meeting was to take place in the Tower. It was to include Hastings, Morton, Stanley and Rotherham, as well as Richard and Buckingham…Lord Stanley, who was injured in the melee, was confined to his London home….”

Richard III by Paul Murray Kendall has it as follows. “…The second group was requested to attend in the council chamber in the Tower at ten o’clock in the morning. It consisted of Hastings, Stanley, Morton, Rotherham and Buckingham…Richard directly accused Hastings and Stanley and Morton and Rotherham of plotting with the Woodvilles against the protectorship…Perhaps Hastings and Stanley reached for a weapon…Stanley was put on detention in his own lodgings…Stanley’s art of landing on the winning side had not deserted him. In a few days he was not only released but restored to his place on the council….”

Richard III by Charles Ross. “…The two prelates were arrested and confined to the Tower; so too was Lord Stanley, who seems to have been slightly wounded in the affray…”

The Last Knight Errant – Sir Edward Woodville by Christopher Wilkins. “…There was a moment’s silence and then he [Richard] accused Hastings and the two bishops [Archbishop Rotherham and John Morton, Bishop of Ely] of treason. There was shock and fury, shouts of ‘treason’ and armed men rushed into the room. Stanley very sensibly fell to the floor. Hastings was grabbed, held by the guards and told he was to be executed immediately…” Wilkins gives no source for Stanley having flung himself to the floor intentionally. He goes on to say that Stanley was imprisoned in the Tower, as were the two bishops…”

At this point I decided that getting to the bottom of what happened on 13th June 1483 was going to be impossible. I should have known better, because these facts have eluded eminent historians, even though they give firm opinions of what went on and who was there.

So I will give an opinion too. Although Tudor accounts refer to him as the Earl of Derby, which he was not in 1483, other early accounts refer to him as Lord Stanley. I think he was there, that he was part of a conspiracy against Richard, and that it was amazing he not only survived but for some reason managed to be taken back into favour. Teflon Thomas. Richard was too trusting and/or a lousy judge of character. Why that pole-axe didn’t send Stanley into eternity I will never understand! There is no justice. The reptile actually died in his own bed, just like his equally serpentine and undeserving son-in-law, Henry VII!

Stanley's bed before restoration

Thomas Stanley’s bed, before restoration

Supposedly Thomas Stanley - Ormskirk

Believed to be Thomas Stanley and his first wife at Ormskirk church

Or, of course, he was never a conspirator and supported Richard loyally to the end,  which made him an embarrassingly Yorkist father-in-law for Henry Tudor, who was a bit cross about it. Margaret Beaufort adored her husband and feared for his life, so she doctored all the records and made Thomas vow to say he’d always opposed Richard and had even been wounded and arrested on 13th June. Henry believed his mother, made Thomas the Earl of Derby, and they all lived happily ever after. Oh, I don’t know. Over to you…

Stanley the Angel

 

 

 

 

 

 

CAN A PICTURE PAINT A THOUSAND WORDS?

It’s said a picture can paint a thousand words.  It certainly can but not always accurately.  It can distort the truth.  Art work based on the Ricardian period is certainly true of this.  Take for example the stunning painting by Edwin Austin Abbey, Richard Duke of Gloucester and the Lady Anne.

800px-Edwin_Austin_Abbey_richard_duke_of_gloucester_and_the_lady_anne_1896.jpgRichard Duke of Gloucester and Lady Anne, Edwin Austin Abbey, 1896.

Here we have an angst ridden Anne, while a definitely humpbacked Gloucester offers her a ring.  It just makes you want to shout at the canvas ‘run, run Anne and don’t look back..!’ although it should in fairness be remembered the painting is based on a scene from Shakespeare’s version of Richard lll rather than the actual facts.

There have been numerous paintings of Richard of Shrewsbury being removed from his mother, a distressed looking Elizabeth Wydeville, and although for all I know Elizabeth may well have been distressed on that day,  it aint looking good for the ‘wicked uncle’ is it?

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This version is by Philip Calderon.  Young Richard gazes tenderly at his mother   while being yanked away by his arm by a portly gentleman in red..poor little blighter.

A couple of paintings of the ‘princes’ do stand out for me.  The beautiful one by Millais (he used his daughter as a model for one of the princes) where he has the boys, standing in a darkened stairway of the Tower (where,  to add poignancy to the scene, some believe their remains were found buried) clinging to each other while a dark shadow lurks ominously at the top of the stairs…Yikes!

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The Princes in the Tower,  John Everett Millais 1878.

Another one. this time by Paul Delaroche, King Edward V and the Duke of York in the Tower,  depicts the two young boys, gazing into the middle distance, unaware, hopefully,  of their impending doom, while their spaniel’s attention, tail between his legs, is drawn to the door.  These artists certainly knew how to twang on the old heart strings!  Great stuff but  maybe not very helpful to some in forming positive perceptions of Richard’s character.

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King Edward V and the Duke of York in the Tower, Paul Delaroche 1831.

But finally, one that is actually closer to the truth, from a mural in the Royal Exchange by the artist Sigismund Goetz, and one   I can clearly remember, as a small child, from its inclusion in Cassell’s History of the English People.  I would gaze at it, not properly understanding what it actually represented, but nevertheless entranced.  It was not until years later that I could understand what was going on and who the people were in the painting.  A grave, noble,  and rather handsome humpless Duke of Gloucester being offered the Crown at Baynards Castle.  Beautiful ladies in butterfly headdresses look down at the scene from the top of the stairs….its Cicely and Anne!.  A rather frivolous looking young man, leaning nonchalantly against the stairs,  as an elderly man, almost hidden from sight, leans over and surreptitously whispers in his ear..ah!..tis Buckingham and Morton..meanwhile in the background Gloucester supporters , in harness, roar their approval.  Splendid stuff and about time too.

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Mural in the Royal Exchange,  Offer of the Kingship to Richard Duke of Gloucester at Baynards Castle June 26 1483 Sigismund Goetz

Paul Delaroche also painted The Execution of Lady Jane Grey..not one of our Ricardian characters… but a descendant of  one, Elizabeth Wydeville, via her son Thomas Grey, lst Marquess of Dorset.  Delaroche again gave his artistic license free reign..Jane was in fact executed in the open air, in the part of the Tower that is known as Tower Green where Anne Boleyn, Catherine Howard and also Margaret of Salisbury, Clarence’s daughter were executed.

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The execution of Lady Jane Grey, Paul Delaroche 1833

So at least one of these extremely gifted artists managed to get it right in terms of accuracy as to what actually happened.    What gifts for the art world but for the greater part, I do wonder if in the past,  these paintings proved for some people  to be rather a hindrance for the rehabilitation of Richard’s character.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

A year of anniversaries

shakespeare

2016 has been the 1000th anniversary of Edund Ironside’s accession and death, also of the death of his father Ethelred Unraed and the double accession of Cnut of Denmark. It has also been the 950th anniverary of the battles of Stamford Bridge and Hastings, being the end of the House of Wessex after its interruption.
Four centuries ago, St. George’s Day to be exact, marks the death of Shakespeare and possibly his 1564 birth. Opinion is still divided as to whether, in Richard III’s case among others, he merely embroidered what passed for history during his lifetime or invented many of the significant events he wrote about. At least we can precisely date his death better than we can his birth and we can, ironically, rely on the flow of his plays relating accurately to the culture of his own time, such as Cordelia’s execution, which could not have happened in Richard’s own century.

In March, Helen Castor marked the anniversary on Channel Four by investigating the fate of the Bard’s own remains in this documentary. It transpires that, having been buried in Stratford’s Holy Trinity Church with his family and a forbidding epitaph(1), GPR investigations show that his skull is probably missing, just like Morton’s at Canterbury Cathedral. Richard, of course, was intact except for his feet. It seems that not everyone over the years heeded the curse:

(1) Good frend for Iesvs sake forbeare,
To digg the dvst encloased heare.
Bleste be Middle English the.svg man Middle English that.svg spares thes stones,
And cvrst be he Middle English that.svg moves my bones

Thomas Langton: Richard III’s Character Witness

RICARDIAN LOONS

Amongst the glories of Winchester Cathedral, there is a chantry chapel of outstanding beauty and magnificence. The man who is buried there, and for whom the roof bosses provide a rebus clue, is Thomas Langton, who died of plague in 1501 only days after being elected by Henry VII as Archbishop of Canterbury. Earlier, he had served as the Bishop of Winchester (1493-1501), Salisbury (1484-93) and St. David’s (1483-84), and acted as a servant to three — or four, depending on how you count — English kings. As the information plaque at Winchester Cathedral succinctly announces, Langton had been a chaplain to Edward IV and Richard III, and Ambassador to France and Rome.

Although his death came as a surprise in his 70th year, he did have the opportunity to make an extensive will, showing he died a very wealthy man. It runs to over 100 items, and contains…

View original post 9,040 more words

Which “chronicle”?

http://www.annettecarson.co.uk/357052365

More about Richard and that urn….

The Princes

Regarding the continuing intense interest in those mysterious bones in the Westminster urn, here is a link to a very interesting and informative blog article about them. Thank you Barbara Gaskell Denvil.

http://www.bgdenvil.com/2013/05/the-bones-in-urn_5.html

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