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Gloucester on 28th October, 1378, 1483 and 1967….

from Gloucester Archive

28th October is a notable day for me because of three events in Gloucester’s history:-

(1) It was the day my second favourite king, Richard II was in Gloucester and Tewkesbury—well, he was from 20th October 1378 until mid-November, so had to be in one or the other on the 28th.

A young Richard II from the wilton Diptych

(2) It was also one of the days in 1483 when the treacherous Duke of Buckingham’s rebellion against Richard III floundered (and foundered!) and failed. 

Henry Stafford, 2nd Duke of Buckingham

(3) Most important of all, of course, it was the day I was married in 1967 (not actually in Gloucester, but right outside).

Very late 1960s!

 

Right, back to 1378 . This was another difficult year for England, and for Parliament. Demands for ever higher taxes made holding Parliament in London a rather hazardous matter, and so the venue was moved to Gloucester instead. The citizens of that city being deemed less militant? Anyway, the MPs met close to the abbey/cathedral in a half-timbered house that is still called Parliament House.

from www.yourlocalweb.com

RII was eleven years old at the time, and is recorded as having stayed at Llanthony Secunda Priory, where he was seen in the gardens. The priory was (parts of it still are) just outside Gloucester city walls, close to the Severn.

Llanthony Secunda Priory

Gloucester had a special significance for young Richard, because his great-grandfather, Edward II, was buried in the abbey. All his life, Richard held Edward in special regard, and strove without success to have him canonized.

Tomb of Edward II

When Parliament rose, Richard and his retinue rode north to Tewkesbury, and thence out of “my” area.

On to 1483. Richard III, of course, had been Duke of Gloucester. And yes, I’d have liked him to be interred in Gloucester Cathedral. Well, he was ours, in a manner of speaking. And he certainly wasn’t unpopular here, far from it.

For a timeline of 1483 see here It’s OK for the dates, but be warned, it’s anti-Richard. For example for 12th October 1483 it says “Richard writes to Russell, calling Buckingham ‘The most untrue creature living’ (next to himself, I suppose)”. Oh, excuse me while my sides split. But the dates are useful.

Richard III

The town of Gloucester had reason to be grateful to Richard. After his coronation on 6th July 1483 he went on a royal progress accompanied by Buckingham, and on reaching Gloucester on 29th July he granted it a charter that stayed in force until 1974. This gave the city the status of a county, allowed it to have a Sheriff who could hold a County Court, and allowed the election of a mayor, aldermen and a coroner. See here.

Extract of the charter granting rights to Gloucester, GBR/I/1/22 held at Gloucestershire Archives. Reproduced by kind permission of Gloucester City Council

Richard also presented what is said to be his own personal sword (the so-called Mourning Sword) to the City, which still has it.

The Mourning Sword – my photograph

On 2nd August 1483, when they both left Gloucester, Buckingham parted company from the king and made his way over the Severn into Wales and his own lands. He had with him, supposedly as his prisoner, a treacherous Lancastrian serpent by the name of Bishop John Morton.

John Morton at Canterbury – from www.kyrackramer.com

It will probably never be known exactly why the Duke of Buckingham rose against his cousin, Richard III. That Morton whispered in his ear in the Garden of Brecon is not in doubt! The man responsible for the odious Morton’s Fork surely had a forked tongue as well! See https://www.britannica.com/biography/John-Morton#ref185463

I’ve tweaked a painting by Edmund Leighton entitled “Call to Arms”

Buckingham had been grandly rewarded, and was doing very nicely from the new king. What his motive was for turning on Richard is a mystery, and may simply have been that he fancied being kingy himself. What I doubt very much is that he rose in support of Henry Tudor. Never! Buckingham’s claim to the throne was much better, and he probably thought Tudor was helping him, not the other way around.

But then, I don’t think our duke was over-endowed with grey cells, just with ego. Henry, on the other hand, was as crafty as they come.

Henry Tudor

But that’s not the point now, because I’m concerned with 28th October. When Buckingham commenced his rebellion, he left his castle in Brecon and made for Gloucester, which was the best place to cross the awkward River Severn. It also provided the most direct route in England, and to wherever the duke intended to go from there. To take London while Richard was elsewhere in the realm? But one big thing seems to have been overlooked. That autumn was one of the worst in living memory, and the Severn (as well as all other rivers, especially in the west) was in flood. And how. It’s a beast of a river, believe me, even when it’s at normal levels.

So there’s Buckingham, banner unfurled, riding at the head of his reluctant army of Welshmen, who weren’t inclined to fight against Richard in the first place. They reached the river…. Suddenly the duke turned to look back and his army had melted away. Yikes! He’s practically on his own, and by now he knows Richard has been alerted and is on the way on the English side of the river. The king will not be pleased…or in a forgiving mood. Time to panic, methinks.

Severn in flood, 2007

So Buckingham turned tail…at least, his horse did…and off to the north he fled. Then it’s into the hands of a “friend” named Bannaster. Oh dear, another nasty shock, capture and being bundled down the English side of the Severn toward Salisbury, where a trial awaited. Richard refused to listen to his cousin’s abject pleas for a chance to explain himself. Which is as well, because Buckingham’s son afterward said his father had concealed a dagger about his person and intended to drive it into Richard however he could.

Here’s more about this Bannaster connection. “….Buckingham’s rebellion began – and failed, largely because his Welsh tenants decided they liked him less than Richard III.  Robbed of this crucial support, he fled to a friend’s home but the friend, Ralph Bannaster, turned him in and, on 31 October, Buckingham was taken to Sir James Tyrell and Christopher Wellesbourne, staunch supporters of Richard III….”

This betrayal by Bannaster is still remembered (see here) by the name of a house in Finchampstead in Berkshire. It’s thought that the Berkshire property is actually a confusion with another property closer to the northern Welsh borders, where Buckingham fled when he realised the game was up. The name of the betrayer isn’t questioned, it was definitely a Bannister/Bannaster/Bannastre. You will also find more at http://www.gnosallhistory.co.uk/horns_inn.htm

Duke’s Head, Gnosall, from http://www.gnosallhistory.co.uk/horns_inn.htm

And Henry Tudor? Well, he sailed for England with French backing, and lurked off shore like an animal sensing a foe. Henry was a great lurker. When he heard the uprising had collapsed, he scuttled back to France. Tomorrow was another day, as someone on celluloid once said.

The Old West Gate over Severn, Gloucester, over which Buckingham had hoped to advance

Right, that was Buckingham’s fate, but what had been going on in Gloucester during all this? The city had known that if the Severn should miraculously recede again, and the crossing were sufficiently exposed, they were going to be invaded by a rebel army. They didn’t know if the rains had long since ceased upstream and in the Welsh mountains, where the Severn began. If there was no flood water coming downstream, then the river would go down again, perhaps too quickly for comfort.

The Western Prospect of Gloucester, showing crossing and branches of the Severn

Gloucester was the king’s city, and I think the inhabitants must have flocked to the abbey and every other available church to get on their knees and pray the Severn stayed nice and high, even though it flooded the lower parts of the town. Nice and high at nearby Tewkesbury as well, because that was the next crossing, and was ticklishly close to Gloucester.

Tewkesbury Abbey surrounded by flood water in Gloucestershire as the river Severn burst its banks. 27 Nov 2012 . Concerns have been raised that there will be further flooding as the River Severn is expected to reach its peak in Gloucester later. The Environment Agency said the river would be at its highest level since the mass flooding of 2007, when much of the county was under water.

Neither town wanted to be caught up in Buckingham’s antics. They probably took to their knees again, this time in praise, when it was known Buckingham had been captured and executed, because their first prayers had been answered! The danger was past.

Oh dear, there they were on 28th October 1483, on their knees while the autumn rain came down in stair rods…fast forward 484 years, still in Gloucester, and there I am, on my knees in a church on my wedding day while the autumn rain came down in stair rods. Yes indeed, and guess what? The Severn was in flood then too! The autumn of 1967 was as bad as the one in 1483.

Not that my marriage proved as disastrous as the duke’s uprising! It lasted until my husband Rob passed away in 2015.

The Royal Progress of Richard III

Following his coronation, Richard III – like all medieval monarchs – went on his “royal progress” through the realm.  Along with an entourage in excess of 200 household men, ecclesiastics, supporters, and administrative officials, he visited towns and cities as far west as the River Severn, as far north as the River Ouse, and as far east as the River Witham.  It was while he was staying in Lincoln along the River Witham when he received the news that the Duke of Buckingham and others were in open rebellion in the south.  This required the king to respond accordingly by making his “Great Journey” towards Salisbury.  It was not unusual for uprisings to occur during the royal progress of a new monarch.  During his royal progress in 1461, Edward IV had to respond to insurrection in Wales and dispense hard justice by presiding over the execution of a Lancastrian traitor.[1]  This article will not cover Richard III’s “Great Journey” to suppress Buckingham’s rebellion, as that was not part of the planned royal progress and is better addressed elsewhere.  For this discussion, we will define Richard III’s royal progress as being from when he first left Windsor on July 21 to the time he received news of the rebellion on October 11.  We will also include the king’s January 1484 visit to Canterbury, as it seems to fit the pattern of the royal progress and may have been on the original itinerary.  First, however, it is important to understand the reason why a king went on royal progress.

The Iconography of Power

Sir John Fortescue (1397-1479), the preeminent Chief Justice under Henry VI and one of the most influential medieval writers about English government, wrote of the necessity for the monarch to use ceremony, etiquette, and organized pomp to advertise his status and strength to the realm and to foreign countries.  He encouraged the king to wear luxurious clothes, furs and jewels, to bedeck his household and chapels with rich tapestries, vessels and ornaments, and to acquire expensive horses with ostentatious trappings.  If he did not do so, wrote Fortescue, he would be living below his estate and would be overshadowed by ostentatious magnates, upsetting the natural balance of power.[2]  If Richard III had not gone on royal progress or had something less than magnificent, it would have sent a message that he was insecure in expressing his royal authority or was not “up to the job”. The Arrivall of Edward IV makes this very point when it depicts Henry VI, in the last days of his “readeption”, processing through the streets of London with such a lack of regality that the people lost confidence in him.[3]  The Great Chronicle of London makes a similar observation that it seemed “more like a play than the showing of a prince to win men’s hearts” and provides the infamous detail about Henry VI being dressed dowdily in a long blue gown, as though he had nothing more resplendent to wear.[4]

The progress taken by a king after his coronation was just one of the many ways the monarch could project what modern historians have called the “iconography of power” – a set of highly visual and ritualistic ceremonies that were shared by a common culture and used by the governing class to create or sustain political and social consent.  The goal was to persuade “opinion formers” and to secure the loyalty of the common people.[5]  Thus, an effective king would engage in “triumphant entries” into cities and towns – lavish parades with spectacles and religious ceremonies to celebrate military victories, welcome a foreign queen-consort to her new homeland, or entrench a hereditary claim to the throne.  The latter can be seen with the Duke of York’s reburial in 1476.[6]  The Crowland Chronicle was perfectly correct to make the observation that Richard III’s royal progress was aimed “to attract to himself the affection of many people” with many feasts and entertainments.[7]  But it was also a time for the king to mingle with his subjects and to hear and address their petitions and concerns.

Lest we think this was a phenomenon unique to England in the medieval age, the era that followed saw even more complicated and drawn-out spectacles.  The royal progress taken by the newly-minted Charles IX and his mother Catherine de Médicis in 1564-1566, for instance, lasted 27 months and took in more than 100 towns.[8]  As we shall see below, it was simultaneously important to the towns and cities that received the monarch and provided the infrastructure and performers to welcome him.  It was a display of their political status too: the grander their reception of the king, the more respect and favor they might hope to receive from him.

In terms of distance and days spent, Richard III’s royal progress was not dramatically different from Edward IV’s in 1461, the latter of which, over the course of two months, traveled 620 miles and involved great pomp and ceremony.  Edward’s itinerary, unlike Richard’s, focused on southern and western England and included Canterbury, Sandwich, Ashford, Lewes Priory, Arundel, Bishop’s Waltham, Salisbury, Bristol, Gloucester, Hereford, and Ludlow, returning to London via Stony Stratford.  This reflects how the north and midlands of England were not securely Yorkist following the Battle of Towton.  Edward IV had to deal with roiling insurrection in the north and in the Welsh Marches, and his royal progress was intended to involve a military campaign embarking from Hereford.  This turned out to be unnecessary, thanks to the successful efforts of Lords Herbert and Ferrers of Chartley in suppressing lawlessness.  Instead of a military campaign, Edward IV’s entourage went to his childhood home and family powerbase of Ludlow where, surprisingly, he was greeted with little fanfare thus suggesting it was an impromptu visit.[9]

Richard III’s royal progress not only skipped over Ludlow, but his itinerary also involved distinctly different geographical areas from those of his brother’s.  In a very literal sense, Richard was tracing a map of the cities having particular meaning to his personal history and his expression of royal authority.

The Royal Progress of Richard III 

July 21-August 1:  Reading (1 night) – Oxford (4) – Woodstock (2) – Minster Lovell (3)

The first leg of Richard III’s royal progress went in a northwest direction from Windsor Castle towards Oxfordshire.  The first destination was Reading, a relatively short 20-mile journey.  The king was in the company of John Lord Howard (recently made Duke of Norfolk), the Duke of Buckingham, the Bishops of St. Asaph and St. Davids, and many others. Queen Anne would later join the entourage at Warwick Castle. While staying in Reading, Richard executed an indenture guaranteeing the widow of William Lord Hastings, Katherine Neville, his protection and to secure for her the enjoyment of her husband’s lands, goods, and privileges, the custody their male heir, and the wardship of the young Earl of Shrewsbury who was married to their daughter, Anne.[10]  As we shall see, dispensing mercy and justice was an integral part of the king’s progress.

At Oxford University, an assembly of regents and scholars greeted the king.  This group was headed by William Waynflete (the Bishop of Winchester and founder of Magdalen College) and the University’s chancellor who at that time was Lionel Woodville, Bishop of Salisbury.[11]  The reference to Woodville has sparked some controversy amongst historians, as he had taken sanctuary earlier in June and had been under some suspicion.  Whatever those suspicions were, they were ostensibly resolved by the time of the king’s visit to Oxford and there is no hint of any discord.  Less certain is whether the Duke of Buckingham was present, for he is not specifically mentioned in the college register.  In any case, the king was entertained with academic debates in Latin on the subjects of philosophy and theology, and tours of the colleges.[12]  He rewarded the disputants and won the hearts of the fellows.  The register describing the visit closed with the words “Vivat Rex ineternum” (“let the king live forever”).[13]

The king then spent one or two nights at the royal hunting lodge at Woodstock, the birthplace of Edward III’s sons Edward the Black Prince and Thomas of Woodstock, the first Duke of Gloucester.  It had once been a splendid palace with an enclosed park in which lions and camels were kept, and this could have provided an opportunity to do some hunting and catch up on business.  A king never stopped working while on royal progress and had to respond to a constant flow of events, petitions, and diplomatic missives, which is why he would be accompanied by staff from various government offices.

Richard’s entourage traveled to Minster Lovell Hall, the home of Francis Viscount Lovell, his faithful friend and Lord Chamberlain.  This was one of the few times Richard III stayed in a private residence during his reign.  It had undergone several enlargements to its great hall and the building of a tower, both completed by 1455, so it would have been a suitable lodging for such distinguished guests.[14] Perhaps the most notable thing about the king’s time here is the text of a warrant dated July 29th issued from Minster Lovell and addressed to Chancellor John Russell, concerning a mysterious enterprise.  It has been suggested that it refers to a forthcoming trial of unnamed persons for the murder of the king’s nephews.  However, historian Rosemary Horrox believes that John Stow’s Annals gives a more accurate description of the enterprise as being one to rescue the princes from the Tower under cover of confusion caused by fires started in the city.  The four conspirators, two of whom served in Edward IV’s household, were tried at Westminster and executed.[15]

August 2-27:  Gloucester (2 nights) –Tewkesbury (1) – Worcester (3) – Warwick (6) – Coventry (2)  – Leicester (4) – Nottingham (8)

From Minster Lovell, Richard went on to Gloucester where he took up residence in St Peter’s Abbey (now Gloucester Cathedral) for two nights.  Here, for the place that bore the name of his ducal title, the king granted a charter of liberties releasing it from paying Ł45 of the Ł60 for the fee farm, giving its burgesses the right to choose their own mayor and coroner, allowing it to have its own sheriff to preside over a court, to incorporate themselves as an entity, to acquire lands and tenements, and to have standing to plead or interplead before the king’s justices or any other justices in the courts of England.  Some of these rights and privileges were retained by Gloucester up to 1974.[16]  In 1538, the borough was granted a coat of arms with the red and white roses of Lancaster and York along with a boar’s head – a reference to Richard III’s favorite badge.

Gloucester’s St Peter’s Abbey had wealth and prestige. It was the place where Henry III was crowned king of England, and where Edward II was buried following his deposition.  Parliaments had been summoned there twice (1378 and 1407), but due to a combination of factors, including the Black Death and competition from nearby Bristol, the town borough was having some economic difficulty.  Nevertheless, Gloucester had performed an extremely valuable service for the Yorkists when it closed its gates to Margaret of Anjou’s army in 1471, forcing it to march on to Tewkesbury.[17]

Undoubtedly with this history in mind, Richard bestowed the liberties mentioned above and also presented the city with a sword, which is believed to have been his own; it can still be viewed at Gloucester City Museum.  It was also at Gloucester that the Duke of Buckingham took his leave from the royal progress; what prompted this is unknown.  Buckingham’s manor house at Thornbury, from where Lionel Woodville would later be issuing letters on September 22, was only 25 miles away, and he was holding Bishop John Morton in custody in his castle in Brecon, in Wales, about 70 miles from Gloucester.

Although we have no description of Gloucester’s reception of Richard, we can assume that it was similar in pomp to the royal entry of Edward IV into Bristol in 1461.  When Edward arrived at Bristol’s Temple Gate, a “great giant” attended by three lords delivered the keys of the town to him and a poem comparing the king to William the Conqueror was recited.  As the entourage processed to Temple Cross, the king beheld the spectacle of Saint George on horseback “fighting with a dragon, and the king and queen on high in a castle, and his daughter beneath with a lamb.  And at the slaying of the dragon there was a great melody of angels.”[18]  Edward granted the town a royal charter, oversaw the trial and execution of the Lancastrian rebel Sir Baldwin Fulford, and left with an extra fifty marks in a loan from his host, mayor William Canynges.[19]  “The event provides a small snapshot of what the progress of the monarch involved in this fraught period of political insecurity and highlights the multifaceted role the king played.”[20]

From Gloucester, Richard progressed to Tewkesbury for one night, where he had been a commander in the battle of 1471 that regained the crown for Edward IV.  Tewkesbury Abbey was also the place where his brother George was buried following his execution for treason in 1478.  George apparently still had outstanding debts to the Abbot, and Richard ordered that those debts be satisfied with revenues from nearby royal manors.[21]  It is likely Richard paid his respects at the battlefield and George’s tomb, symbolically highlighting not only the Yorkist military triumph over the Lancastrians but also the implications of George’s death.[22]  Titulus Regius, the 1484 parliamentary act which settled the crown on Richard, would specifically mention the attainder of George and his heirs as a reason why Richard was the next legitimate heir to the throne.  Titulus Regius also sets out to show that Edward IV’s children were illegitimate due to the bigamy of their parents.  Therefore it is not surprising that Ludlow, where Edward IV’s Prince of Wales had had his household for almost a decade, was not part of Richard’s royal progress despite the fact that it could have easily been put on the itinerary.  It is probably safe to assume that Richard would not have had a very warm reception there.

The entourage traveled to Worcester, where the king resided at the Cathedral Priory, and then moved on to Warwick Castle, where Queen Anne joined the royal party, and there was a pause of several days.[23]  Warwick Castle had been the place where the Kingmaker imprisoned Edward IV in 1469, and became George of Clarence’s principal residence after his marriage to Isabel Neville.  Coming into possession of Warwick Castle after George’s attainder, Richard instigated the construction of two gun towers, the Bear and Clarence towers, and he probably spent time inspecting the ongoing work during his six days there.

The royal party then moved to Coventry before progressing to Leicester and then Nottingham.  The choice of Coventry may have been logistical, but the symbolic value of a Yorkist monarch making his royal progress there would have been noted.  In 1471, Coventry had lost its civic liberties as punishment for backing the Kingmaker during the readeption of Henry VI. In 1469, Edward IV suffered the humiliation of being captured near Coventry, and Earl Rivers and Sir John Woodville were executed by the Kingmaker at Gosford Green on the edge of the city the same month.  Coventry had strong Lancastrian connections, but in 1474 it worked hard to redeem itself by welcoming the king, his queen, and his heir, with festivities and streets filled with performers, music and singing, pipes running with wine, incense burning, and cakes and flowers being cast to observers.[24]  That Richard chose to honor Coventry with his royal progress shows how successfully it had been converted to a Yorkist city.

At Leicester, the king began to occupy himself with planning his royal entry into the city of York.  He issued a summons for 19 knights and 52 gentlemen to meet him at Pontefract on August 27 in anticipation of the procession.  Those summoned included Northumberland, Surrey, Lincoln, Lovell, Fitzhugh, Stanley, Strange, Lisle and Greystoke, and the bishops of Durham, Worcester, St Asaph, Carlisle and St David’s, with their attendants, to be with him when he reached York.[25]  Edward of Middleham was named Lord Lieutenant of Ireland, with the powerful earl of Kildare being appointed as acting deputy.[26]  It was also from Leicester that Richard issued a letter to Louis XI, which was cheekily delivered by one of the grooms of his stable, in which he promised to honor past treaties and requested the French to refrain from molesting English merchant ships.[27]

The king then progressed to Nottingham Castle, where he would spend much of his reign and complete the remodeling work started by Edward IV.[28]  While there, Richard created his son Prince of Wales and Earl of Chester:  “And we invest him as the custom is by the girding on of the sword, the handing over and setting of the garland on his head, and of the gold ring on his finger, and of the gold staff in his hand.”[29]  The decree uses language that suggests some trepidation (“We have turned the gaze of our inward eye to the greatness of this noble state and of its members, having great care that, in the great anxieties which press upon us, those who are necessary to support us should not now seem to be lacking”), but many historians believe the verbiage is typical for such proclamations.  It also poetically employs celestial imagery, and as historian Anne Sutton observed, presages the concept of the monarch being like the sun with his court surrounding him like planets:  “The clarity and charity of the sun’s light is so great that when it is poured on the other heavenly bodies the sun shines with no less light and splendor, nor does it suffer any diminution of its strength, rather it is pleased to be seen, to shine as a king in the midst of his nobles and to adorn the greater and lesser stars in the whole court of heaven with his outstanding light.  Which without doubt we should take as an example seeing the vocation to which we are called, that is, by the favour of the almighty to govern and be set at the head of all the mortals of this realm.”[30]

At Nottingham, Richard’s secretary John Kendall wrote to York’s mayor, recorder, aldermen, and sheriffs, complimenting the city, saying how fond the king was of it, and “hinting broadly that a splendid reception for the king and queen would be in order upon their arrival in York”.[31]  The civic leadership in York was ahead of Kendall, and had already been discussing the expected visit as early as the end of July.[32]

August 27-October 17:  Pontefract (2 nights), York (23), Pontefract (19), Gainsborough (1), Lincoln (6)

 Richard III’s royal progress spent the largest portion of its time in the north – a total of 44 days – indicating a dramatic shift from where Yorkists had traditionally drawn support.  Although Richard’s father and brother had borne the title Duke of York, the north was a bastion of Lancastrian support for much of the Wars of the Roses.  In 1460, the duke’s decapitated head was displayed at York’s Micklegate Bar in a mocking tribute; in 1461-64, there were Lancastrian uprisings in Carlisle and Hexham; in 1471, the city of York reluctantly opened its gates to Edward IV only after he promised to seek his ducal inheritance and not the crown.[33]  That Richard had chosen York as the city for his most prominent display of royal authority, one that the Crowland Chronicler described as a second coronation, shows how much had changed in the intervening years.[34]  The city of York was no longer repulsing a pretender to the throne, but was instead welcoming a king and paying tribute to a prince who had often interceded on its behalf.

The royal entry was carefully timed and organized to maximize its symbolic meaning. Those 71 lords and knights who had earlier been summoned now joined the king and queen at Pontefract, along with Prince Edward, who had journeyed from Middleham.  On August 29, the sheriff of York and other officials met the royal entourage with their rods of office at Tadcaster and led it towards the city.  At Breckles Milles, still outside the city, the procession was joined by the mayor and aldermen, dressed in scarlet, and by other civic officers and leading citizens in their ceremonial robes.  Although a litter had been provided for his journey from Middleham, the king’s 10-year old son rode on horseback during the entry into York, indicating he was not as frail as some have suggested.[35]  The residents of York were on hand to greet the procession as it passed by St James’ Chapel and into the city through Micklegate Bar.  Just within the walls, on streets hung with tapestries and arras, was staged the first of three pageants for the entertainment of the royal party, with the next being staged at the bridge crossing the River Ouse, and the third in Stayngate.

The date of the royal entry, August 29, was the Feast of the Decollation [Beheading] of St John the Baptist.  In 15th century England, the image of the head of St John the Baptist on a platter was symbolic of the Eucharist sacrament and the doctrine of transubstantiation.  This feast day had special importance to York’s Guild of Corpus Christi, of which the king and queen had been members since 1477, because it was dedicated to honoring the Real Presence of Christ in the Eucharist.[36]  The guild was responsible for presenting the famous mystery plays (the Creed and Corpus Christi plays) in which the streets of York became venues for processions and staging of various scenes from the Bible and Christ’s life and passion.  Richard III’s royal progress in York drew upon these traditions.  Not only did he specifically request a performance of the Creed Play, but his royal entry through York also followed the same processional route used during the annual June Feast of Corpus Christi.  “As their actors trod the Via Crucis through their own streets, so now their king came among them as the incarnate and temporal representative of divine order.  Richard would not have missed the significance of making his triumphal entry on what was, in York, tantamount to a second Feast of Corpus Christi”.[37]  For Yorkist adherents who remembered the decapitation of Richard’s father and the display of his head on Micklegate Bar, the symbolic import of commemorating the Baptist’s decapitation would have been much more politically charged and may have represented a kind of atonement for the injustices of bygone days.

As the cavalcade moved through the city, the mayor, John Newton, delivered a speech of welcome and offered a gift to the king of one hundred marks of plate.  Newton himself had contributed Ł20 to the royal presents, and spent additional sums on entertainment during the royal visit.  The royal procession carried on through the city to York Minster for an ecclesiastical reception.  The Cathedral Church of St Peter of York would have been an impressive backdrop for the royal reception.  The great tower had been rebuilt early in the century, and the southwestern tower was almost new.  It was at the west door of York Minster that the king was formally received by a delegation of ecclesiastics headed by the dean.  The dean was Dr. Robert Booth, a Cambridge-educated legist and a member of a highly accomplished Lancashire family.  Booth became dean in 1477 through the patronage of his uncle, Archbishop Lawrence (d. 1480), who had been Keeper of the Privy Seal and Chancellor of England in the reign of Edward IV.[38]  The current Archbishop of York, Thomas Rotherham, was out of favor and thus not in attendance; he would, however, be restored not long after this event, and would serve as one of the triers of petitions during Richard’s III only parliament.

An eyewitness recorded the events as the dean and his fellow clergymen, all strikingly vested in copes of violet silk, welcomed the visitors.  The king was sprinkled with holy water and censed as he made his way into the cathedral church.  Richard was not a passive actor in the ceremonies taking place.  He made his way to a prie-dieu beside the baptismal font, and there he said a Paternoster; some historians suggest this was the first time an English king led a congregation in public prayer.  “The succentor of the vicars choral began the liturgical response De Trinitate with the words Honor, virtus, and it was finished by the choir standing before the steps of the high altar.  Then there was a pause long enough for a Paternoster and an Ave Maria.  Then Dean Booth began the prayer Et ne nos inducas for the benefit of the king.  Following the prayer, the dean and canons processed to their stalls in the cathedral choir, together with the other clergy, as the organ intoned the Amen.  We are told that the officiating prelate (prelate executor officii), most likely Dean Booth, began the psalm Te Deum laudamus, which was concluded by the choir and organ.  Immediately thereafter the succentor chanted the antiphon of the Trinity beginning with the words Gracias tibi, Deus, with a versicle and prayer to the Trinity.  The service now being concluded, the royal party left York Minster for the short walk northwest to the palace of the Archbishop of York where the royal family stayed during their visit.”[39]

On August 31st, the king decided to have his son invested as Prince of Wales while in York.  On this date, Richard sent an urgent message to Peter Courteys, keeper of the Great Wardrobe in London, outlining goods he wished transported to York.  These included two short gowns of crimson cloth of gold, a cloak with a cape of violet lined in black velvet, a stomacher of purple satin and another of tawny satin, enough white cloth of gold for the trappings of a horse, other gowns, spurs, and five coats of arms for heralds, together with forty trumpet banners and 13,000 badges of Richard’s white boar emblem.  Processional banners were requested of the Virgin Mary, Trinity, St George, St Edward, St Cuthbert, and one of Richard’s arms, along with three coats of arms beaten with fine gold for Richard himself.[40]

The week of September 1st to the 7th was filled with banquets and hospitality leading up to Prince Edward’s investiture.  On Sunday, September 7, the Creed Play (an abbreviated version of the cycle of mystery plays) was performed for an audience that included the king, the mayor, twelve aldermen, and York’s Council of Twenty-Four.  The next day, September 8th, the Nativity of the Blessed Virgin Mary, was the occasion of Prince Edward’s investiture as the eighth Prince of Wales to be recognized by an English king.  The same eyewitness that recorded the king’s arrival in York provides the account of events.  “A procession led by the king and queen, both wearing crowns, entered York Minster for mass.  The procession included Prince Edward, temporal and spiritual lords, and other dignitaries.  The officiating prelate was Bishop William Dudley of Durham, and the focal point of the high altar of the cathedral was enhanced by silver figures of the twelve apostles, as well as other ornaments of gilt and numerous relics, all provided by the king.  The assemblage remained at mass until the sixth hour of evening.  Then, following mass, all returned to the archbishop’s palace, and there in the hall before dinner the king invested his son as Prince of Wales by arming or girding Edward with a sword, presenting him with a gold rod and ring, and placing a coronet on his head.  A four-hour dinner, during which the royal family sat crowned, continued into the evening.”[41]  On the same day, Richard made knights of his illegitimate son John of Gloucester and the ambassador from Queen Isabella of Castile (Gaufrid de Sasiola) who had joined the royal progress at Warwick in the company of Queen Anne and who had come to England expecting Edward V on the throne.[42] The ceremonial sword used in Prince Edward’s investiture is still on display at the British Museum.[43]

On September 17th, the king summoned the mayor, aldermen, and other citizens to meet with him in the Chapter House of York Minster.  “It soon became apparent that Richard had been dazzled by his reception in York.  The king, without any petition on their part (or so the record states), thanked the assembly for their good service to him before he came to the throne and at his recent coronation.  Richard cited the decay and poverty of the city, which was indeed experiencing an economic slump, although it was still likely second in size only to London in the kingdom.  He then went on to promise that the city would have a substantial reduction in the annual fee farm due to the crown, from a sum on the order of Ł160 to about Ł100, and Mayor Newton was appointed Richard’s chief serjeant-at-arms with an annual fee of Ł18 5s.  The financial arrangements were also meant to encourage trade in York by allowing any lawful non-resident to sell in the market of York without paying tolls.”[44]

The royal party departed York on September 20th or 21st, having stayed there for more than three weeks.  From there, the king went to Pontefract for 17-18 days, and then traveled to Gainsborough, where (according to local history) he spent the evening of October 10 at Gainsborough Old Hall, a grand manor house built by Sir Thomas Burgh in 1460.[45]  Richard was at Lincoln on October 11, and made a gift to Barnard Castle of Ł40 toward the building of the Church of Our Blessed Lady, and gave some money to the wardens for the feast of St. Martin.[46]  It was here that he first heard that a great rebellion had broken out in the southern counties, headed by his erstwhile ally, Henry Duke of Buckingham.  The uprising was originally meant to restore Edward V to the throne but when rumors of his death spread, the Lancastrian claimant Henry Tudor was invited to join the rebellion.[47]  On hearing the news of the rebellion, the king moved to Grantham, where he wrote to Chancellor Russell asking for the Great Seal, and expressed in a postscript, added in his own hand, his outrage at the desertion of Buckingham.[48]

January 10-17:  London to Canterbury and Sandwich

The southern rebellions cut short the king’s progress, but by January he was able to resume a “convivial and splendid” role.[49]  He invited the citizens of London to his Epiphany feast on January 6 at Westminster Palace’s White Hall, during which he wore his crown.  He presented the mayor with a gold cup set with pearls and gems, offered to make the borough of Southwark part of the city’s jurisdiction, and to give Ł10,000 for the building of walls and ditches around it.  “Richard was rewarding the citizens for their financial assistance, and he was also, like Edward IV before him, adeptly making available the luxuries of his court – its wines, cooking, fine napery, music and good manners – beyond its usual aristocratic confines, and welcoming to it his merchants and townsmen.”[50]

The king then traveled with an entourage to Canterbury, where there was a formal reception along the lines of how Edward IV had been received in 1461.  This can be deduced from the Canterbury City Archives, which date Richard’s entry from January 10-12, 1484: “For the Lord King on his first coming to Canterbury — And paid for a purse bought at London – 26s 8d, which purse with Ł33 6s 8d in gold, collected from the mayor and his brethren and thirty-six of the better sort of persons of the city of Canterbury, was given and offered to the Lord King and which the Lord King with gracious actions ordered to be redelivered to the said persons from whom the said sum had been collected.  This being done the said purse was given to Doctor Langton, at that time Bishop of St. Davids, on account of his many acts of kindness and favours to the citizens of Canterbury.  Upon all these considerations the aforesaid mayor and his brethren presented the following gifts to the Lord King.  Firstly paid to John Burton for four great fattened beefs – Ł7.  And paid to the same John Burton for twenty fattened rams – 66s 8d.  And paid for twenty capons of various prices given to the Lord King – 21s 10d.  And paid for six capons given to the Bishop of St Davids and other bishops then with the King – 6s.  And paid to John Stoubregge for two gold beads given to the Bishop of St Davids and the Bishop of ‘Seynt Tasse’ – 5s 4d.  TOTAL Ł13 6s 6d.”[51]

Richard then departed from Canterbury to Sandwich where he stayed several days overseeing the preparation of ships to send against the Bretons and French.[52]  Edward IV, similarly, had taken in Sandwich while on his royal progress.  Richard appears to have fitted in a visit to Dover where the citizens bought an ox and capons to feed him and his entourage at the castle.  A note in the Canterbury Chamberlain’s Account records that the King’s secretary was given three gallons of red wine and two gallons of white wine by order of the mayor on the occasion when “the Lord King returned from Sandwich to Canterbury”.[53]

The Canterbury records note that, rather than lodging at the Archbishop of Canterbury’s palace or St. Augustine’s Abbey, the king was accommodated at a place called “Le Hale” outside the city.  The Le Hale costs included payments for carpentry work, repairing the road, for the carriage of furniture, cushions and for hangings of cloth of gold and silver loaned by various citizens, and for the provision of wine and food.  This would explain the “first coming” or “first arrival” to be the occasion of the ceremony of the purse with presumably one or more other “arrivals” into the city after the king’s return from Sandwich.[54]

One author[55] has offered the theory that the mention of “Le Hale” refers to a hill in the Royal Forest of Blean near the town of Harbledown, the latter of which was part of the established route where pilgrims would remove their shoes and walk penitent to the Shrine of Thomas à Becket.  The road was likely quite travel-worn and in need of repairs although this could probably be said for other local roads.  The same author deduces that King Richard’s mental state was burdened by guilt from past nefarious deeds and his choice of Le Hale as base camp indicates he walked as penitent pilgrim from Harbledown to Canterbury.

Whether King Richard traveled on The Pilgrim’s Way cannot be determined with any accuracy since the precise location of “Le Hale” has never been ascertained.  But even if he did act as a pilgrim, this is no more evidence of a particularly guilty mind than when Henry V came on pilgrimage to Canterbury soon after Agincourt and then again the following year in 1416 with the Emperor Sigismund.[56]  It would have been an act of conventional piety, albeit with the added spectacle of the king’s presence.  Whatever we are to make of this leg of his progress, King Richard returned to London a few days before the opening of parliament on the 23rd of January, and proceeded to take the reigns of government without any outward signs of remorse or a guilty mind.

Final Observations

What can we conclude about Richard III’s royal progress?  Historians uniformly observe it shows he was well aware of the importance of public display as part of the art of kingship.  He was adept with the techniques used by a king to cultivate the good will of his subjects.  He achieved this by easing their financial burdens, granting charters, and – where possible – using his own money to defray expenses.[57]  One of the striking differences between Richard’s royal progress and Edward IV’s is how often Richard declined gifts of money compared to how often Edward accepted them.  It also shows he was effective at dealing with city officers and the ecclesiastical community.  So successful was the precedent of Richard III’s use of royal display in his coronation and progress that Henry VII copied much of it in 1485.[58]

Questions still remain.  For instance, where did Richard intend his royal progress to go before it was interrupted by “Buckingham’s Rebellion”?  Was he intending to progress from Lincoln to Fotheringhay, his birthplace and the final resting place of his father, brother Edmund, and uncle?  It would have been a fitting bit of symbolism.  Would he have then progressed to Cambridge University to visit the construction work on King’s College chapel or to tour Queen’s College, both of which would become beneficiaries of his royal generosity?  It is enticing to think of the possibilities.

Also, why did Richard seem to make a sudden decision to invest his son Edward as Prince of Wales in York when the precedent was to do so at Westminster?  Was this necessitated by the mysterious “enterprise” noted in his July 29th letter to Chancellor Russell, which may have required him to firmly establish Edward of Middleham as his heir and thus dilute any popular uprisings in the name of Edward IV’s sons?  Or was it merely a reflection that York was a more reliable ally than London during this politically delicate time?

Finally, how did the people of England respond to Richard III’s royal progress?  The Crowland Chronicler was particularly sour, noting that while King Richard was popularly received, his royal progress nevertheless wasted the large treasure acquired by Edward IV through diligence and thrift.  Although that has been shown to be untrue by Rosemary Horrox’s review of the financial memoranda,[59] we do have an eye-witness account rendered by Thomas Langton, Bishop of St David’s.  Langton was with the king at York, and later in Canterbury, and his words ring more faithful to the historical record than those of an unknown cleric who harbored a deep prejudice against northerners.

In Langton’s words:

He contents the people where he goes best that ever did prince; for many a poor man that hath suffered wrong many days have been relieved and helped by him and his commands in his progress.  And in many great cities and towns were great sums of money given him which he hath refused.  On my troth I liked never the conditions of any prince so well as his; God hath sent him to us for the weal of us all.[60]

– Written and Copyrighted 2020 by Susan Troxell, originally published in the Ricardian Register, the journal of the American Branch of the Richard III Society

Author’s Note:  I would like to credit Dr. Compton Reeves and Pamela Tudor-Craig, in particular, for their very detailed descriptions and analyses of Richard III’s entry into York.  Their articles, which provided a wealth of information for this essay, are listed in the Sources below.  Rhoda Edwards’ Itinerary provides a definitive resource for Richard III’s whereabouts, citing to Signet Office and other government records.

SOURCES:

 Carolyn Donohue, “Public Display and the Construction of Monarchy in Yorkist England 1461-1485”, Ph.D. Dissertation, University of York, 2013.

Rhoda Edwards, The Itinerary of King Richard III 1483-1485 (Richard III Society, 1983)

P. W. Hammond, “Richard III at York”, The Ricardian, No. 41 (June 1473), pp. 3-4

P. W. Hammond & Anne F. Sutton, Richard III: The Road to Bosworth Field (London 1985)

Rosemary Horrox, “Richard III and London”, The Ricardian, Vol.  VI, No. 85 (June 1984) pp. 322-329

Horrox & Hammond (eds.), British Library Harleian MS 433 (Richard III Society, 1980)

David M. Luitweiler, “A King, a Duke and a Bishop”, The Ricardian Register (Winter 2004) pp. 4-10

Mulryne, Aliverti, Tastaverde (eds.), “Ceremony and the Iconography of Power”, Ceremonial Entries in Early Modern Europe: the Iconography of Power (Ashgate, 2015)

Nicholas Pronay & John Cox (eds.): The Crowland Chronicle Continuations 1459-1486 (Alan Sutton, 1986)

Compton Reeves, “King Richard III at York in Late Summer 1483”, The Ricardian, Vol. XII, No. 159 (December 2002), pp. 542-553

Cora L. Scofield, The Life and Reign of Edward the Fourth King of England and of France and Lord of Ireland, Volume 1 (London, 1923)

Anne Sutton, “The Court and its Culture in the Reign of Richard III”, in Richard III: A Medieval Kingship (John Gillingham ed.), New York, 1993, pp. 75-92

Anne Sutton, “Richard III’s visits to Canterbury”, The Ricardian, Vol. 5, No. 73 (June 1981), pp. 363-366

Anne Sutton & Peter Hammond (eds.), The Coronation of Richard III: the Extant Documents (Alan Sutton 1983)

H. Thomas & I. D. Thornley, The Great Chronicle of London (Alan Sutton 1983)

Pamela Tudor-Craig, “Richard III’s Triumphant Entry into York, August 29th, 1483, Richard III and the North (Horrox, ed.), University of Hull (1986), pp. 108-116

Pamela Tudor-Craig, Richard III NPG Exhibition, 2d ed. (1977)

Warkworth’s Chronicle (Camden Society, reprinted 1968)

 

[1] Scofield, p. 201.

[2] Sutton, Coronation, p. 76, quoting Fortescue.

[3] From The Arrivall:  “Hereupon, the ix. day of Aprell, th’Archbyshope callyd unto hym togethars, at Seint Powles, within the Citie of London, suche lords, gentlemen, and othar, as were of that partye, [with] as many men in harneys of theyr servaunts and othar as they cowthe make, which, in all, passed nat in nombar vj or vij{m} men, and thereupon, cawsed Henry, called Kynge, to take an horse and ryde from Powles thrwghe Chepe, and so made a circute abowte to Walbroke, as the generall processyon of London hathe bene accustomyd, and so returned agayne to Powles, to the Bysshops Palays, where the sayd Henry at that tyme was lodged, supposynge, that, whan he had shewed hym in this arraye, they shuld have provokyd the citizens, and th’enhabitants of the citie, to have stonde and comen to them, and fortified that partye; but, threwthe it is, that the rewlars of the citie were at the counsell, and hadd set men at all the gates and wardes, and they, seynge by this manner of doinge, that the power of the sayde Henry, and his adherents, was so litle and feble as there and then was shweyd, they cowld thereby take no corage to draw to them, ne to fortefye theyr partye, and, for that they fearyd, but rathar the contrary, for so moche as they sawe well that, yf they wolde so have done, ther myght was so lytle that it was nat for them to have ones attemptyd to have resystid the Kynge [Edward] in his comynge, whiche approched nere unto the citie, and was that nyght at Seint Albons.”

[4] Thomas, Great Chronicle, p. 215.

[5] Mulryne, p. 1.

[6] See, for instance, Anne Sutton & Livia Visser-Fuchs, “The Entry of Quyeen Elizabeth Woodville over London Bridge, 24 May 1465”, The Ricardian, 2009, pp 1-31.

[7] The Crowland Continuator was not as accurate when describing it as a squandering of Edward IV’s huge treasure.  As Rosemary Horrox showed in her study of the financial memoranda under Edward V, Edward IV’s treasury had already been depleted when Sir Edward Woodville was given charge of the fleet in the days following Edward IV’s death.  Horrox, Financial Memoranda of the Reign of Edward V, in Camden Miscellany, Vol. XXIX (London 1987), p. 213.

[8] Linda Briggs, “Concernant le service de leurs dictes Majestez et auctorité de leur justice: Perceptions of Royal Power in the Entries of Charles IX and Catherine de Médicis (1564-1566), in Mulrayne (ed.) Ceremonial Entries pp. 37-52

[9] Scofield, vol. 1, p 197.

[10] Harleian MS 433, vol. 2, pp. 4-5.

[11] Luitweiler, pp. 4-6, citing Magdalen College Register “A” f.27.b.

[12] Reeves, p. 545.

[13] Luitweiler, p. 9.

[14] Tudor-Craig, NPG, p. 55.

[15] Horrox, “Richard III and London”, p. 326, note 11.

[16] “Richard III and the City of Gloucester”, https://gloucestershirearchives.wordpress.com/2015/03/16/richard-iii-and-the-city-of-gloucester/

[17] http://www.historyofparliamentonline.org/volume/1386-1421/constituencies/gloucester

[18] Scofield, p. 199.

[19] Donohue dissertation, p. 30.

[20] Donohue dissertation, p. 30.

[21] Edward IV had earlier ordered that the same royal manors convey 100 marks to the Abbot of Tewkesbury to satisfy George’s debt.  However, it is interesting to see how Richard refers to his two brothers in this grant, referring to “oure late brothere the Duc of Clarence whome god pardonne” versus “the famous prince of moost noble memorie king Edward the iiijth”.  Horrox and Hammond, Harleian MS 433, vol. 2, p. 7.

[22] PRO C81/886/18Reeves, p. 545.

[23] Reeves, p. 545.

[24] Donohue, pp. 30-31.

[25] Tudor-Craig, Triumphant Entry, p. 109.

[26] Reeves p. 545, citing Horrox and Hammond, Harleian MS 433, vol. 1 p. 75; Hammond and Sutton, Richard III: The Road to Bosworth, pp. 130-34.

[27] Hammond/Sutton, pp. 128-129.

[28] Reeves p. 545.

[29] Pamela Tudor-Craig believed that the proclamation of Edward of Middleham as Prince of Wales may partially explain why Buckingham parted ways with Richard III and rebelled.  Under Edward V, Buckingham was appointed Chief Justice and Chamberlain of north and south Wales, and upon Edward V’s coronation, would remain so until the king had a male heir.  But with Edward V’s deposition, Richard III effectively and “prematurely” cut short Buckingham’s status (and revenue streams) in Wales since the new Prince of Wales would come into his majority within a half-dozen years or so.   “By declaring his son Edward Prince of Wales, Richard III in effect ended his minority.  The letters sent by the newly created prince from York to the knights and esquires of north and south Wales to continue to pay their dues to our ‘right trusty & righte entirely beloved Cousyne the duc of Buckingham’ did not convey the same message as they had contained on 15th May when Buckingham received those Welsh offices during the Protectorate.”  From that point onwards Buckingham was only the agent, who would be required to transfer the funds to the Prince of Wales.  The letters from the new Prince of Wales went out on September 16.  By October 11, Buckingham was known to be in rebellion.  Tudor-Craig, Triumphant Entry, pp. 109-110.

[30] Hammond/Sutton, p. 138 citing Harleian MS 433 vol. 2, pp. 82-3.  Tudor-Craig, Triumphant Entry, p. 109-110.

[31] Reeves, pp. 545-6.

[32] Hammond/Sutton 139-40, citing Harleian 433 MS, vol. 2, p, 42.

[33] Warkworth’s Chronicle, p. 14.

[34] “Wishing therefore to display in the North, where he had spent most of his time previously, the superior royal rank, which he acquired for himself in this manner, as diligently as possible, he left the royal city of London and passing through Windsor, Oxford and Coventry came at length to York. There, on a day appointed for the repetition of his crowning in the metropolitan church, he presented his only son, Edward, whom, that same day, he had created prince of Wales with the insignia of the gold wand and the wreath; and he arranged splendid and highly expensive feasts and entertainments to attract to himself the affection of many people.  There was no shortage of treasure then to implement the aims of his so elevated mind since, as soon as he first thought about his intrusion into the kingship, he seized everything that his deceased brother, the most glorious King Edward, had collected with the utmost ingenuity and the utmost industry, many years before, as we have related above, and which he had committed to the use of his executors for the carrying out of his last will.” Pronay & Cox, Crowland Chronicle, pp. 161-163.

[35] Tudor-Craig, Triumphant Entry, p. 109.

[36] Alexandra Johnson, “The Plays of the Religious Guilds of York:  The Creed Play and the Pater Noster Play,” Speculum, 1975, pp. 55-90.

[37] Tudor-Craig, Triumphant Entry, pp. 111-113, quotation from p 113.

[38] Reeves, p. 547.

[39] Reeves, p. 548.

[40] Reeves, pp. 548-9.

[41] Reeves, pp. 549-550.

[42] Reeves p. 550.

[43]http://www.britishmuseum.org/research/collection_online/collection_object_details.aspx?objectId=43481&partId=1

[44] Reeves p. 550.

[45] https://www.gainsborougholdhall.com/about-the-old-hall/royal-visitors

[46] Hammond/Sutton, Road to Bosworth, p. 137.

[47] Hammond/Sutton p. 141.

[48] Hammond/Sutton p. 144.

[49] Sutton, Court & its Culture, pp. 77-79.

[50] Sutton, Court & its Culture, pp. 77-79.

[51] Hammond/Sutton, 152-153, citing Canterbury City Archives, Chamberlains’ Accounts, Michaelmas 1483-Michaelmas 1484, f. 13b, quoted in The Ricardian, 1980, vol. 5, p. 283.

[52] Edwards, Itinerary of Richard III, p. xiii.

[53] Sutton/Hairsine, “Richard III’s visits to Canterbury”, p. 365.

[54] Sutton, “Richard III’s visits to Canterbury”, pp. 365-66.

[55] Amy License, “New evidence: Was Richard III guilty of murdering the Princes in the Tower?, New Statesman, 5 March 2013.

[56] “Canterbury and the Battle of Agincourt,” January, 2016 lecture given by Dr David Grummit, Canterbury Christ Church University, reported in https://blogs.canterbury.ac.uk/kenthistory/canterbury-and-the-battle-of-agincourt/.  Adam of Usk also reported that Henry V walked barefooted from Shrewsbury to St. Winefride’s Well, which is believed to have occurred in 1416.

[57] Reeves, p. 551.

[58] Sutton, Court & its Culture, pp. 77-79.

[59] See note 7, above.

[60] Adapted from Hammond/Sutton, p. 135.  Richard developed the work of the royal council receiving the petitions of the poor who could not afford the usual processes of the law.  He appointed a special clerk to deal with these matters.  From this developed the Court of Requests.  (“December 27, 1483.  Grant for the life to the king’s servitor John Haryngton, for his good service before the lords and others of the council and elsewhere and especially in the custody, registration and expedition of bills, requests and supplications of poor persons, of an annuity of Ł20 at the receipt of the Exchequer and the office of clerk of the council of the said requests and supplications, with all commodities.”  Hammond/Sutton 151, citing Calendar of Patent Rolls 1476-1485, London 1954, no. 1152, p. 413.)

 

The Bishop of Lincoln’s country residence….

Let’s be honest, the more senior churchmen (bishops and above) have always known how to live well. For centuries they have enjoyed elegant surroundings. . .and have lacked for nothing.

The subject of this article is 15th-century Lyddington Palace, home of the Bishops of Lincoln, such as this one.

“By 1600, a lot of the palace had been lost. “. . .What did survive, however, in Cecil hands, was a long, two-storey range that accommodated, on its first floor, the Bishop’s withdrawing chambers. These were the rooms to which he retired either with select company or to be by himself. . .” Aha, the bishop’s little nook?

What with this and Lincoln Cathedral, the Bishops of Lincoln did nothing by halves. I wonder if there was rivalry among the bishops of England, to see who could boast the grandest domain?

The King’s bishop? What did John Russell know in 1483?

 

“ ‘Is there any other point to which you would wish to draw my attention?’

‘To the curious incident of the dog in the night time’

‘The dog did nothing in the night time’

‘That is the curious incident ‘ remarked Sherlock Holmes.”[1]

 

By applying his reasoning to this simple observation, the world’s foremost consulting detective was able to solve the mysterious disappearance of Silver Blaze and identify John Straker’s killer. Holmes’ recognized that the key to solving the case was to understand why the guard dog did not bark during the theft of Colonel Ross’ prize racehorse. It is a useful reminder for me that the key to a mystery often lies in understanding the patterns of behaviour of those involved: their actions and their inaction. The late Dr Pamela Tudor-Craig adopted a similar approach to the central mystery of King Richard’s life and reign: the disappearance of the Princess in the Tower. In a short essay entitled ‘People About Richard III’, she highlights Richard’s relationship with those bishops who accepted his patronage and invites the question, which is not altogether rhetorical, why did these holy men accept preferment at Richard’s hand if he was the monster of Tudor tradition? [2]

 

These bishops will be familiar names to students of the Wars of the Roses and especially to Ricardians: John Russell Bishop of Lincoln, Robert Stillington Bishop of Bath and Wells, Thomas Langton Bishop of St David’s and later of Salisbury and John Shirwood Bishop of Durham. All these clerics served previously under Lancastrian and Yorkist kings; none could be described as Richard’s friend, and all were men of great learning and piety. Russell was the Lord Chancellor from 1483 until 1485; Stillington was, for a time, Lord Chancellor to Edward IV. It was Stillington who is purported to have reported Edward IV’s earlier marriage to Eleanor Talbot (the ‘pre-contract’). Shirwood owed his bishopric to Richard’s preferment. He was an early English humanist, an avid collector of classic Greek and Roman literature and a protégé of George Neville. During Edward IV’s reign his loyalty was suspect.[3] King Richard, who thought better of him, appointed Shirwood as envoy to the Vatican. Bishop Langton was also appointed at Richard’s behest.[4] He was a borderer and accompanied Richard in his first royal progress, writing approvingly of him to the prior of Christ Church Canterbury.[5] After Bosworth, Stillington was arrested for his part in Richard’s accession and then pardoned. Russell and Shirwood, however, continued in royal service; Russell, as a diplomat and Shirwood as envoy to the Vatican. Langton actually flourished under the first Tudor king, reaching the dizzy height of archbishop elect of Canterbury shortly before his death in 1500. Yet none of these men denounced Richard as a regicide or said anything about the disappearance of Edward IV’s sons, not even when it was a safe to accuse him of practically anything. Given the antipathy in the Tudor narrative towards the last Plantagenet, their silence is curious feature of the most famous of all English historical mysteries.

 

It is, of course, a moot point whether the bishops actually knew anything about what was happening to Edward’s sons in 1483. With the exception of Russell, none of them were at the centre of Richard’s government. Dr Tudor-Craig points to the chance that they might have known what was happening through a possible friendship between Shirwood and Dr John Argentine. It remains, however, no more than a possibility. The only known copy of Shirwood’s ‘Mathematical Game’ (no.106) is of particular relevance to this exhibition since it belonged to John Argentine, Edward V’s physician who gave such a foreboding report of his charge to Mancini.[6] Argentine may well have been an Italian and he was an industrious collector of books. The strong possibility that he knew Shirwood during the summer of 1483 in London reduces the likelihood that these distinguished prelates could have accepted patronage at Richard III’s hand in ignorance of the true state of affairs. Either Argentine’s words as reported by Mancini were not meant to carry a sinister gloss, or the clerics had accommodating consciences.[7]

 

Be that as it may, there was certainly one among them who was well placed to know the truth. It is likely that John Russell the Lord Chancellor was privy to Richard’s intention towards his nephews. Judging from the surviving signet and Chancery letters, their working relationship was close. Richard trusted Russell to deal with secret/confidential matters of great delicacy and moment, even those that occurred during his royal progress. Such trust is all the more remarkable since it appears that Russell was not, as some suppose, a trimmer or tame Ricardian but an outspoken critic of the petition presented to Parliament in 1484 setting out Richard’s royal title and also of Titulus Regius in the form it was enacted, and indeed, of the turbulence leading to Richard’s accession. It is not my intention to go into that issue now, since it is beyond my scope. I will confine myself to exploring Russell’s relationship with his king through three surviving letters from their correspondence. Obviously, the subject and the content of each letter is important because they each touch on events taking place between summer and autumn 1483, which is the critical period for analysing the disappearance of the two princes. All the same, they cannot be considered in a vacuum that ignores Russell’s constitutional position as Lord Chancellor and the evolving realpolitik of the times.

 

The Lord Chancellor

Professor Charles Ross describes the office of Lord Chancellor as ‘the most responsible clerical office in the gift of the crown’.[8] His use of the adjective ‘clerical’ perhaps betrays his ignorance of its several meanings (‘learned pertaining to the clergy, or clerk pertaining to copying and general office work’[9]) but more likely it reveals his unawareness of the constitutional importance of the Lord Chancellor. It was then, and remains, one of the great offices of state. Although Russell was indeed a cleric, his responsibilities were secular and serious; any implication that he was a glorified chief clerk is ludicrous. In the fifteenth century the Lord Chancellor was the nearest equivalent of a modern Prime Minister. He was a key official in the Royal Household the king’s principal advisor, and his formal link with parliament, and the machinery of government at Westminster. It was the Lord Chancellor who delivered the official sermon at the opening of parliament setting out the reason for its summons and the king’s plans. In addition, he had a judicial responsibility as the king’s liaison with the judiciary and presiding judge in the Chancery Court of England. It is true that Russell was a bureaucrat and not a politician; however, as an experienced, and talented administrator and lawyer he was eminently suitable for this office. His appointment had the unqualified approval of Sir Thomas More, probably the most famous Lord Chancellor of all, who described Russell as ‘ a wise man of much experience and one of the most learned men England had at this time’.[10] Dominic Mancini writing at the end of 1483 concurred with More’s opinion; he described Russell as a man of ‘great learning and piety.’[11]

 

‘The Chancellor is desperate and not content’

I need not describe the course of events between Edward IV’s untimely death in April 1483 and the bastardization of his heirs in June, since they are well known and, in any case, do not add to the substance of my argument. What matters from my perspective is Russell’s reaction to those events. For my purposes the narrative begins after lunch on Friday the 13 June 1483. William Lord Hastings had just been summarily executed on a convenient log for (it is alleged) plotting to kill the Lord Protector and Henry Stafford Duke of Buckingham, his henchman. The Archbishop of York (Thomas Rotherham), the Bishop Ely (John Morton) and assorted others have also been arrested. And there is panic on the streets of London. On the Monday following, the Queen was persuaded to allow her youngest son Richard the duke of York, the heir presumptive, to leave the sanctuary of Westminster Abbey to attend his brother’s coronation. That afternoon in council the coronation was postponed. The alarm of Londoners following these events is tangible and it seems from the evidence of two independent sources that the Chancellor John Russell was also deeply troubled by the turn of events.

 

The first source is an undated memorandum written by George Cely, an English wool merchant, which must have been written between the 13th and 25th of June 1483. It contains the key description of Russell’s mood: ‘There is great rumour in the realm. The Scots have done great [harm] in England, the Chamberlain is deceased in trouble, the Chancellor is desperate and not content, [my emphasis] the bishop of Ely is dead, if the king, God save his life were deceased, the duke of Gloucester were in any peril, if my lord prince, whom God defend were troubled, if my lord of Northumberland were dead or greatly troubled, if my Lord Howard were slain.[12]

 

The other account is a letter written by Simon Stallworth (one of Russell’s secretaries) on the 21 June 1483 to Sir William Stonor. It is worth quoting in full. ‘Worshipful sir I commend me to you and for tidings I hold you happy that you are out of the press, for with us is much trouble and every man doubts [the] other. As on Friday last was the Chamberlain [Hastings] beheaded soon upon noon. On Monday last was at Westminster a great plenty of harnessed men, there was the deliverance of the Duke of York to my lord Cardinal, my Lord Chancellor and many other lords temporal and with him met my lord of Buckingham in the midst of the hall at Westminster…It is thought there shall be 20 thousand men of  my Lord Protector and my lord Buckingham’s men in London this week to which intent I know not but to keep the peace. My lord [Russell] has much            business and more than he is content with, if any other way would be taken [my emphasis]. The lord archbishop of York and the bishop of Ely are at the Tower with master Oliver King (I suppose they shall come out nevertheless). There are men in their places for safekeeping [guards?] And suppose that there shall be men of my Lord Protectors sent to his lordship’s place in the country. They are not  like to come out of ward yet. As for Forster he is in hold for his mew for (to plead for?) his life. Mistress Shore is in prison. What shall happen here I know not. I pray you pardon me from writing I am so sick I may not well hold my pen…All the Lord Chamberlain’s men become my lord of Buckingham’s men.’ [13]

 

These strictly contemporary accounts do not support the conclusion that Gloucester’s actions marked the opening moves of usurpation. Even less do they justify Dr Alison Hanham’s (surprisingly defensive) proposition that ‘even the most committed Ricardian must agree that it was a time of alarms and uncertainties when the suspicions of Richard’s intentions previously disseminated by the Woodvilles must he seemed to many to receive confirmation.[14] The implication that Londoners feared Gloucester’s actions were the prelude to a coup d’état and the insinuation that Russell shared their anxiety is simply not true.[15] There is no doubt that there was a great commotion in the capital over the weekend of the 14 and 15 of June and in the week that followed, with armed gangs on the street. However, Londoners in general did not see the threat as coming from Gloucester but from Woodville inspired conspirators. The Cely memorandum is explicit on this point. And there is nothing in Stallworth’s letter to gainsay the view that the public feared the ambition of the Queen and her Woodville kin whom they blamed for the unrest. Professor Michael Hicks — a renowned anti-Ricardian — also believes that the citizens did not at this time fear Gloucester’s motive; indeed, they supported his actions against the conspirators. Hicks rejects Mancini and the other vernacular chronicle accounts as hindsight, preferring to rely on the events that followed as a better guide to public opinion of Richard in May and June.[16] It would seem that despite Professor Ross’ assertion that we only have Gloucester’s word for the Hastings conspiracy, people believed that he and the king were threatened in June 1483.

 

Russell was not a neutral observer of these events, he participated in them; to that extent he was partisan. He neither liked nor trusted the Woodvilles. He believed that if they were allowed to control the king it would result in civil war and disorder. Russell craved unity not division. All of this is clear from the sermon he drafted for Edward V’s abortive first parliament, in which he set out the Council’s plans for minority governance after Edward’s coronation. It was intended to continue the protectorship after the king’s coronation and exceptionally to invest Gloucester with regency powers. This would of course have been in accordance with the earlier view of the ‘more foresighted’ councillors that the King’s maternal uncles and stepbrothers should be ‘absolutely forbidden’ from having control of the monarch before he reached his majority.[17] It would seem from Russell’s extant draft that having examined the Woodvilles suitability for government he found them wanting.[18] He writes, for example, ‘Then if there be any certainty or firmness in this world, such as may be found in Heaven, it is rather in the islands and lands environed with water than in the sea or any great rivers (an allusion to Anthony Woodville, Earl Rivers)’. Further on we have this: ‘And therefore the noble persons of the world, which some for the merits of their ancestors, some for their own virtues being endowed with great honours and possessions, and riches may be conveniently resembled unto the firm ground that men see in Islands (an allusion to Gloucester and to England) than the lower people, which for the lack of such endowments, not possible to be shared among so many and therefore living by their casual labours be not without cause [compared] to the unstable and wavering running water: aque multe populus multus (a lot of water, a lot of people)’. Towards the conclusion, he extols the Lord Protector’s virtues; ‘…The necessary charges which in the kings tender age must needs be borne and supported by the right noble and famous prince the duke of Gloucester his uncle, protector of this realm. In whose great puissance, wisdom and fortunes rests at this season the execution of the defence of the realm as well against open enemies as against subtle and faint friends of the same.’ However, this sermon was never delivered due to the dramatic events that occurred between the 22 and 26 June. On Sunday the 22 June, Edward IV’s heirs were denounced as bastards. Three days later, Gloucester was offered the throne. The next day he was king. I now turn to the relevant correspondence.

 

A warrant to arrest persons unknown dated 29 July 1483

King Richard was crowned on the 6 July and left for his first royal progress on the 18 July. He dictated this intriguing letter, whilst sojourning for two or three days with his friend Francis Lovell: ‘ By the King RR. Right reverend father in God right trusty and wellbeloved; we greet you well. Whereas we understand that certain persons had of late taken upon themselves an enterprise — as we doubt not you have heard — and are in custody, we desire and will that you take our letters of commission to such persons as you and our council shall be advised, for to sit [in judgement] upon them and to proceed to the due execution of out laws on  that behalf. Fail not hereof as our perfect trust is in you. Given under our signet at the manor of Minster Lovell the 29 July.’

 

This is not a routine letter. Judging by the last sentence, Richard is responding to what he believes is an emergency at Westminster. He does not name the conspirators or the nature of their offence because he assumes Russell knows what he means. The implication being, of course, that this matter was secret and the detail could not be committed to paper. It is for that reason that historical interest in the letter has largely concentrated on the search for answers to the inevitable ‘who’ ‘what’ and ‘why’ questions that arise. Important though those questions are, I need not answer them here, since others have already done so.[19] It is useful, nonetheless, to outline the options considered.

 

Dr Tudor-Craig submits several possible motives for the letter. First, it might have related to an attempt to remove Edward’s daughters from sanctuary and take them overseas out of Richard’s reach. The Crowland Chronicle reports the rumour of such a plot, which caused the King to strengthen security around Westminster Abbey ‘so that the whole neighbourhood took on the appearance of a castle or fortress’. John Nesfield, who was captain in charge of the operation, ensured that no one could get in or out without his permission.[20] Dr Tudor-Craig rejects that possibility, however, on the ground that ‘The tenor of the letter suggests that the criminals had accomplished their deed, even though they had been caught, and yet the princesses remained in sanctuary’.[21] Alison Hanham challenges that proposition; she argues that they were arrested before the fact and not afterwards. Her point being that the word ‘had’ (as opposed to ‘have’) suggests that the plot had not come to fruition.[22] If one accepts Dr Hanham’s construction of the letter it would seem reasonable to suppose that the plot to send the princesses overseas remains a possibility. However, such a plot hardly warrants a surreptitious letter of this kind since according to Crowland it was almost certainly common knowledge in London anyway. A similar point could be made in relation to Dr Tudor-Craig’s second possibility: that it concerned mistress ‘Jane’ Shore. I think we can safely dismiss this on the ground that there was nothing secret about her activities.

 

Dr Tudor Craig’s third and final possibility is that it relates to the disappearance of the two princes. Unfortunately, she does not look beyond the possibility that they were murdered. Such a plot would certainly require secrecy. The problem with this, however, is that Richard’s instructions to Russell to discuss the matter with the council and proceed according to the law are incompatible with secrecy. Dr Tudor-Craig recognized this problem but is nonetheless unable to disregard Thomas More’s assertion that the murder of the princes was ordered when Richard was at Gloucester, which he must have reached soon after this letter was written. Dr Tudor-Craig also sees significance in the parting of the ways between the King and Buckingham, which also occurred around this time and which she suggests might have been the result of a policy disagreement about what to do with ‘the certain persons who had taken upon themselves the fact of an enterprise’.[23] If her hypothesis is right it certainly adds credence to More’s account and also to the fears expressed for Edward V’s life reported to Mancini before he returned to France.[24]

 

Another possibility is that the letter referred to a plot to remove the boys from the Tower and to restore Edward V to the throne. The Crowland chronicler mentions such a plot, though his timing is problematic.[25] We also have a reference in John Stow’s ‘Annals’ of some such plot involving members of Edward IV’s former household with Woodville support.[26] ‘After this were taken for rebel against the king, Robert Russe sergeant of London, William Davy pardoner of Hounslow, John Smith groom of King Edward’s stirrup, and Stephen Ireland wardrober of the Tower, with many others, that they should have sent writings into the parts of Brittany to the earls of Richmond and of Pembroke and other lords; and how they were purposed to have set fire to divers parts of London, which fire whilst men had been staunching, they would have stolen out of the Tower the Prince Edward and his brother the Duke of York.’ [27]

 

Speculation that Lady Margaret Beaufort was involved in this conspiracy as the Woodville’s price for restoring Henry Tudor to his English dignitaries, is rejected by Professor Hicks on the ground that the link between the Beauforts, ‘the fact of a certain enterprise’ mentioned in the letter and the trial mentioned in Stowe is too tenuous to accept as evidence of the fact.[28] Certainly corresponding with Richmond was not per se treasonable (at this stage) and it seems from Hicks’ researches that there is no record of a commission of oyer & terminer or a trial, or even an indictment against these men. He postulates that although such a plot probably existed at this time, we do not have details of it.

 

Fortunately, I need not choose between these theories, since I am only concerned with Russell’s state of knowledge. Ironically, if the letter does relate to the boys’ murders, its tone and content tend to absolve the King from complicity. His instruction to bring the matter before the council and to judgement according to the law is only explicable on the basis that he was innocent and had nothing to hide or fear from a public airing of the facts. In that eventuality, Richard’s guilty secret would not be secret for very long. Alternatively, if the letter refers to a plot to remove the princes from the Tower, then it can be seen as a standard response to a treasonous threat to the crown. Of course, if such a plot existed, it confounds the contemporary suspicion that Edward V was dead before Mancini left England and demolishes More’s account of events. Either way, this letter raises some important questions about the state of Chancellor Russell knowledge, since he can hardly have been ignorant of the true state of affairs concerning the well-being or the fates of Edward IV’s sons in July. It also raises the questions of why Russell appears not to have been interrogated by the Tudor regime as to his knowledge of the fate of the princes or why there is no contemporary English accusation against King Richard.

 

 

Undated letter concerning the marriage of Thomas Lynom and Mistress Shore

I am referring to this this letter for two reasons; first, it gives us a brief but revealing ‘flash’ of Richard’s character and second, it gives rise to an equally illuminating difference of opinion between two of Richard’s many biographers; a difference of opinion, which, I might add, exhibits all the emotional prejudice that afflicts so much of Ricardian literature.

 

Thomas Lynom was King Richard’s solicitor; he sought permission to marry Mistress Jane Shore, who was languishing in Ludgate Prison for her part in the Hastings’ conspiracy. Richard’s moral rectitude caused him to take a hard line with Mistress Shore. She had, after all, plotted against him and she was a notorious harlot. Although it would have been easy for him to forbid the match in what he believed to be Lynom’s best interests, he wrote this letter instead.[29]…it is showed unto us that our servant and solicitor, Thomas Lynom is marvellously blinded and abused with the late wife of William Shore now being at Ludgate by our commandment, [and] hath made contract of matrimony with her, as it is said; and intends, to our full great marvel, to proceed to effect the same. We, for many causes, would be very sorry he should be so disposed and pray you therefore to send for him, in that you   may goodly may exhort and stir him to the contrary. And if you find him utter set for to marry her and none otherwise would be advertised, then if it may stand with the law of the church, we be content (the time of marriage being deferred to our coming next to London) that upon sufficient surety being found for her good behaviour, you send for her keeper and discharge him of our commandment by warrant of these; committing [her] to the rule of her father or any other by your discretion in the mean season.’

 

In his generally sympathetic biography of Richard III, Professor Paul Kendall uses this letter to illustrate Richard’s empathy with his fellows: ‘The harmony he never achieved within himself he did not cease to desire for others.[30] Richard’s use of vibrant phrases such as ‘marvellously blinded and abused’, and ‘to our full great marvel’ are testament to his astonishment and not his admonishment that his sober and correct solicitor should fall for the charms of the (no doubt) enchanting but wayward Jane Shore.

 

Professor Charles Ross in his less charitable biography of Richard III, uses the same letter to illustrate what he regards as the King’s bad character. Richard was, asserts Ross, the first English king to use character assassination as a deliberate instrument of policy. Richard’s ‘…public persecution of the delectable Mistress Shore has all the hallmarks of an attempt to make political capital by smearing the moral reputation of those who opposed him.’ Furthermore, he suggests that the ‘demure’ (his word) Mistress Shore would have been left to rot in Ludgate were it not for the fact that Richard’s solicitor wanted to marry her; a request which says Ross ‘obviously incurred Richard’s displeasure’. [31]

 

It is difficult to explain two such conflicting interpretations of the same letter. Ross represents the modern school of traditionalist historians who resist revisionist re-interpretations of Richard’s character. It seems obvious to me that he is entranced by the ‘delectable’ Mistress Shore whose virtues he extols at Richard’s expense. Professor Kendall writes more benevolently of Richard’s behaviour; though he has an occasional tendency to make excuses for him. His biography is now considered out of date by the academic establishment; nonetheless, it remains for me the most balanced and well-written account of King Richard’s life and reign yet published. Its strength is Kendall’s systematic use of BL Harleian Manuscript 433 to explain the events of 1483-85.[32]

 

Furthermore, professor Ross’ conclusion is based on a partial quote from the letter, starting at its beginning and ending with Richard’s comment ‘we, for many causes, would be very sorry he should be so disposed.’ This gives the false impression that King Richard was minded to prohibit the marriage because of his displeasure with Lynom and his vindictiveness towards Mistress Shore. Thus, Ross uses the letter as an example of Richard’s vindictive character. However, if one reads the whole letter, the absurdity of his argument becomes apparent. Indeed, there is nothing in the letter — even Ross’ edited version — that justifies his adverse characterization of Richard: quite the opposite in fact.

 

The letter is remarkable for its informality, Richard’s colourful language and his lightness of touch in dealing with the situation. He comes across as a concerned friend rather than an angry monarch. He has every reason to prohibit this marriage but his desire to do the right thing outweighs any animus he feels towards Mistress Shore. For Richard ‘doing the right thing’ means trying to save Thomas Lynom from his folly, which is why he asks Russell to urge him in a ‘goodly’ manner to think again. But if Lynom is ‘utter set to marry her and not otherwise’, then Richard consented. The letter is not indicative of a cruel or vindictive man. Its relaxed tone suggests that the king trusted his Chancellor and that they had a good rapport. After taking these factors into account, I prefer Kendall’s interpretation of the letter.

 

Letter dated the 12 October from King Richard to John Russell

Richard dictated this letter at Lincoln during his royal progress. It is considered to be one of the chief documents of his reign and contains a rare example of his handwriting: ‘By the King. Right reverend Father in God, right trusty and wellbeloved. We greet you          well. And in out heartfelt way thank you for the manifest presents that your servants on your behalf has presented to us here, which we assure you we took and accepted with a good heart and soul we have cause. And whereas we by Gods grace intend briefly [soon] to advance us towards our rebel and traitor the Duke of Buckingham to resist and withstand his malicious purpose as lately by our other letters we certified to you our mind   more at large. For which cause it behoves us to have our Great Seal here. We being informed that for such infirmities and disease you sustain you cannot conveniently come unto us in person with the same. Wherefore we desire and nonetheless charge you that forthwith upon the sight of these you safely do the same our Great Seal sent unto us and [by] such of the officers of our Chancery as by your wisdom shall be thought necessary. Receiving this our letter for your sufficient discharge in that behalf.  Given under our signet at our City of Lincoln the 12 day of October.   We would be most glad that you came yourself if that you may and if you may not we pray you not to fail but to accomplish in all diligence our said commandment to send our seal in contentment upon the sight hereof as we trust you with such as you trust the officers ‘pertenyng’ to attend with it praying you to ascertain us of your news here. Here loved be God is all well and truly determined and for to resist the malice of him that has best cause to be true the Duke of Buckingham the most untrue creature living whom with God’s grace we shall not be long till that we shall be in those parts and subdue his malice. We assure you that there was never false traitor better purveyed as this bearer Gloucester shall show you.”[33]

 

It is obvious that Richard and Russell were in touch and that Russell was aware of the King’s plans. Since Russell cannot bring the Great Seal himself owing to his illness, Richard added a postscript in his own hand (my emphasis above). It is one of the most revealing documents of Buckingham’s rebellion.

 

Dr Louise Gill considers that Richard’s request was unusual ‘since it put full control of the government in his hands‘ and implies that he no longer trusted his Chancellor.[34] Personally, I think Dr Gill’s appraisal of the situation is mistaken for two reasons: in the first place it is not supported by the facts and in the second place it offends against common sense. It was not in fact unusual for the Great Seal to be commandeered in times of crisis. Richard and the Council had done so in April/May 1483 after the then Chancellor, Thomas Rotherham archbishop of York, had improperly handed it to Elizabeth Woodville following the arrests of Earl Rivers and others. Richard was to call for it again in July 1485 when he was threatened by Henry Tudor’s invasion. The Great Seal was an instrument of strategic importance, to the king since it authenticated royal commands, documents and proclamations. Its close control was desirable at all times but absolutely essential when, as here, rebels aimed at deposing the king. If the king was at Westminster there was no problem, but King Richard was 150 miles from Westminster and his enemies were strategically placed to put themselves between him and the capital. He believed that the threat to him was mortal; Russell was well aware of this and of Richard’s plans from previous correspondence. Naturally, Richard wanted control of the Great Seal to authenticate his rule but just as importantly to deny it to his enemies. Similarly, the suggestion of a breakdown of trust between Richard and Russell does not bear close examination. Richard was many things but he was not stupid; it is inconceivable that he would entrust his plans ‘at large’ to someone he didn’t trust. There is also the evidence of Richard’s postscript wherein he expressed his faith that Russell would send the Great Seal to him. Its possession was of such overwhelming importance to Richard, and secrecy was so vital (There are obvious risks to it being carried by a single horseman.) that he is equally unlikely to have entrusted that task to anyone he didn’t trust. A distrustful Richard would probably have sent one of his own men of action to take possession of the seal. Indeed, in May, as duke of Gloucester, he sent his personal Herald to take it from Rotherham. If we judge men by their actions, the fact that Russell complied with the king’s wishes with such alacrity and that the Great Seal was later returned to him (Russell) before witnesses in the Star Chamber is a clear indication that the Lord Chancellor retained the king’s trust and confidence.

 

Conclusion

Although many people suspect Richard III of doing away with his nephews, suspicion is not evidence and there is no evidence that he murdered them or, indeed, that anyone murdered them. I do not know the princes’ fate and neither does anybody else. Nor do I pretend that these letters offer a solution to the mystery, since they leave too many unanswered and unanswerable questions for that. But they do sharpen our silhouette of England’s most enigmatic king and his relationship with his first minister of state during the crucial period of 1483-85. And they add substance to a neat epigram about those events, which I read somewhere. Those who knew most said least; those who knew least said most.

 

Quite what Holmes might have deduced from this correspondence is difficult to say, since he famously eschewed theorising without data. Of course, his prospect of solving the mysterious disappearance of the two princes would undoubtedly be enhanced if only John Russell was available to be interviewed.

[1] A Conan-Doyle – The Memoirs of Sherlock Holmes (Penguin 1950) p.28

[2] Pamela Tudor-Craig – Brochure: Richard III (biographical exhibition at the National Portrait Gallery 1973) pp.39-41

[3] A. J. Pollard, ‘Shirwood, John (d. 1493)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Jan 2008 [http://www.oxforddnb.com/view/article/25447, accessed 25 Nov 2017]

[4] D. P. Wright, ‘Langton, Thomas (c.1430–1501)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, May 2009 [http://www.oxforddnb.com/view/article/16045, accessed 25 Nov 2017]

[5] Charles Ross – Richard III (Yale 1999 edition) p.151 and note 16

[6] CJ Armstrong (Ed) – The Usurpation of Richard III by Dominic Mancini [1483] (Oxford 1969 edition) pp. 93 and 127 note 89. Mancini wrote: ’The physician Dr Argentine, the last of his servants whose services the king enjoyed, reported that the young king, like a victim prepared for sacrifice, sought remission of his sins by daily confession and penance, because he believed that death was facing him’. Armstrong argues that Dr Argentine and Mancini were well acquainted: they were social equals and Argentine spoke fluent Italian (pp.19-20).

[7] Tudor-Craig p.44; Shirwood wrote ‘De Ludo Arithmomachia; De Ludo Philosophorum; Ludus Astronomorum’ (Treatise on a Mathematical Game) in about 1475. Tudor-Craig postulates that Shirwood personally gave Dr Argentine a copy of his treatise in London during the summer of 1483.

[8] Charles Ross- Richard III (Yale 1999 edition) p.132

[9] Shorter Oxford English Dictionary (2005); see also Chambers Dictionary (13th edition, 2014)

[10] Richard Sylvester – The Complete Edited Works of St Thomas More, Volume 2: the History of Richard III (Yale 1963) p.25

[11] Armstrong p.85

[12] Alison Hanham – The Cely Letters (EETS Oxford 1975) pp. 184-85. See also Michael Hicks – Richard III (Tempus 2000 edition) p.45, for a different translation of this note ‘There is great rumour in the realm. The Scots have done great [damage] in England, the Chamberlain is deceased in trouble, the Chancellor [Rotherham] is deprived and not content, the bishop of Ely is dead (my emphases)’. Professor Hicks is wrong, however, to suggest that Thomas Rotherham was the Chancellor, he was the archbishop of York; Russell was the Chancellor. Neither can it be easy to confuse ‘desperate’ with ‘deprived’, though the professor managed it

[13] Christine Carpenter (Ed) – Kingsford’s Stonor Letters and Papers 1290-1483 (Cambridge UP 1996) pp.159-60. See also Alison Hanham – Varieties of Error and Kingsford’s Stonor Letters and Papers (Ricardian, Vol 11, No.142, Sept 1998) p.350

[14] Alison Hanham – Remedying a Mischief: Bishop John Russell and the royal title (Ricardian Vol.12, No.151, December 2000) p.149

[15] Hanham (Ricardian) ibid

[16] Hicks pp. 114-16; to be fair, Professor Hicks argues that Richard always planned to seize the throne, but at this time nobody else realised it. His support soon fell away after he deposed Edward V

[17] Nicholas Pronay and John Cox (Eds) – The Crowland Chronicle Continuations 1459-1486 (The R3 and Yorkist Historical Trust 1986) p.153

[18] S B Chrimes – English Constitutional Ideas in the 15th Century (Cambridge 1936) pp.168-78; Chrimes reproduces all three of Russell’s draft speeches.

[19] Tudor-Craig ibid; Michael Hicks – Unweaving the Web: the plot of July 1483 against Richard III and its wider significance (Ricardian Vol 9, No.114, September 1991) pp.106-109; see also Annette Carson – Richard III; the maligned king (The History Press 2013 edition) pp. 151-68 passim. Both of these authors provide useful discussion about the July 1483 ‘plot’

[20] Pronay and Cox p.163

[21] Tudor-Craig pp.54-55

[22] Hanham (Ricardian) p.236: Hanham describes the word ‘had’ as ‘a subjunctive accusation of past possibility or past unreality…plainly they had been stopped before they could put their alleged plan into effect’. See also Hicks (Unweaving the web,,,), passim.

[23] Tudor-Craig ibid.

[24] Mancini left England shortly after Richard’s coronation (6 July 1483). Interestingly, he records only a suspicion that Edward V was ‘done away with’; he does not record any suspicion about the fate of the duke of York who was heir presumptive. The other interesting point is how this squares with the Cely memorandum, which expressed fears for the lives of king Edward V, his brother the Duke of York and his uncle the Duke of Gloucester.

[25] Pronay and Cox ibid

[26] Rosemary Horrox – Richard III and London (Ricardian Vol.6, 1984) pp325-26 and 329 citing: John Stow – The Annals or General Chronicle of England (1615) p.460. Also, Michael Jones – Richard III and Lady Margaret Beaufort: a re-assessment, in – Richard III: loyalty, lordship and law (PW Hammond [Ed] (Richard III and Yorkist History Trust 1986) pp. 30-31; Carson ibid and Henry Ellis (Ed) – Three Books of Polydore Vergil’s English History: comprising the reigns of Edward IV, Edward V and Richard III (Camden Society 1844) pp. 194-95

[27] Hicks (Unweaving the web…) p.107

[28] Hicks pp.107-109

[29] Paul Murray Kendall – Richard the Third (Geo Allen & Unwin 1955) p.324

[30] Kendall ibid

[31] Ross p.137

[32] R Horrox and PW Hammond [Eds] – British Library Harleian Manuscript 433 in four volumes (Sutton Publishing and the R3S 1979); it contains the strictly contemporary Register of Grants and Signet Letters written during Richard III’s reign and passing through Russell’s hands.

[33] Peter and Patricia Hairsine – The Chancellor’s File: published in J Petre [Ed] Richard III, crown and people (The Richard III Society 1984) p. 418, which reproduces the original letter (PRO reference C/1392/6); see also Tudor-Craig p.79

[34] Louise Gill – Richard III and Buckingham’s Rebellion (Sutton 2000 edition) p.6

1484 – TITULUS REGIUS: FACT OR FICTION?

 

Introduction

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The summer of discontent

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

 

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

 

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

 

The ‘wicked bishop’

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

           

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

 

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

           

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

 

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

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

 

Bastard slips shall not take root

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

 

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

 

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

 

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

 

‘Doubts, questions and ambiguities’

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

 

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

 

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

 

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

 

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

.

Titulus Regius

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

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

           

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

The said feigned marriage was made privately and secretly

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

 

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

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

The Constitutional question

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The claim of Edward of Warwick

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

 

Conclusion

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

 

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

 

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

 

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

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

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

[4]. Ross at p. LXVI

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

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

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

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

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

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

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

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

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

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

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

[16] The Great Chronicle; ibid

[17] Mancini p. 97

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

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

[20] PROME pp.14-18

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

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

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

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

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

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

[27] Griffiths ibid

[28] Griffiths ibid

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

[30] PROME ibid

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

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

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

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

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

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

[37]. Mancini p.67

[38] Levine ibid

[39] Helmholz ibid

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

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

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

[43] Chrimes ibid

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

[45] Pronay and John pp.169-171

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

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

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

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

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

[51] Chrimes p.285

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

[53] Chrimes ibid

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

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

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

Richard’s Christmas Celebrations…and the Croyland Chronicle….

Crowland Abbey

This article is about Richard, Christmas celebrations, and the Croyland Chronicle. I really enjoyed reading it.  It seems Richard’s lavish hospitality met with sour po-faced disapproval! No doubt, if he’d kept a sparse Christmas, he’d have been criticised for not giving himself up to the joy of Christ’s birth.

https://meanderingthroughtime.weebly.com/wars-of-the-roses-blog/christmas-1484-with-richard-iii

 

ENGLAND’S MINORITY KINGS 1216-1483

Introduction

This essay was prompted by a sentence in John Ashdown-Hill’s latest book ‘The Private Life of Edward IV’: “ According to English custom, as the senior living adult prince of the blood royal, the duke of Gloucester should have acted as Regent — or Lord Protector as the role was then known in England — for the young Edward V, eldest son of Edward IV and Elizabeth Woodville, who had been proclaimed king in London.” Not only is this casual generalization about the status of Gloucester’s protectorship at odds with Dr Ashdown-Hill’s otherwise careful attention to detail, it is misleading. It exposes a misconception about the constitutional position in May 1483, which is unfortunately shared by many historians and helps to perpetuate a pejorative myth about the vires of Gloucester’s actions during the late spring and summer of 1483.

 

It is a misunderstanding that is all the more trying since it is so needless. As long ago as 1953, Professor JS Roskell explained the origin of the office of Lord Protector[i]. More recently, Annette Carson (one of Dr Ashdown-Hill’s colleague on the Looking For Richard Project and co-author of their written account of the project) incorporated some of Roskell’s thinking along with contemporary fifteenth century evidence in her detailed study of Gloucester’s constitutional role as ‘Lord Protector’, which explains the position perfectly well.[ii] What these authors establish is that the office of Lord Protector, to which the king’s council appointed Gloucester on the 10 May 1483, was a limited one. The ‘Protector and Defender of the Realm and the Church in England and Chief Councilor to the King’ (to give its full title) was an office created by parliament in 1422 as part of the constitutional settlement that followed the death of Henry V. As the title implies, it is not synonymous with the position of Regent, which was a title and position that reflected authoritarian French practices, which Ralph Griffiths tells us were ‘repugnant to the English mind‘.[iii] However, as we shall see later, change was afoot due to the unique political circumstances of 1483.

 

In the four centuries that separated the Normans from the Tudors, only four English kings succeeded to the throne as children: Henry III, Richard II, Henry VI and, of course, Edward V. I will not dwell on Edward V’s minority for the reason I have already given; however, it is useful to consider the other three minorities since they provide the contextual background for what happened in 1483.

 

Henry III (1216-1272)

Henry III ascended the throne on the 18 October 1216 by right of ‘perpetual hereditary succession’; he was just of nine years old and his future looked decidedly bleak. Three-quarters of the English barons had rebelled against his father, king John, and ‘elected’ Prince Louis of France to replace him. In 1216, Louis came to England with an army of Frenchmen and English rebels to take the crown. By October, he controlled half the kingdom including London and the southern ports with the exception of Dover. In addition, John’s tyranny had damaged royal authority and the infrastructure of government to such an extent that anarchy was endemic. Henry did not have an organised executive or an exchequer with which he could re-establish governance and royal authority; he did not even possess a royal seal. But worse than that he lacked the forces with which to fight the pretender Louis. His situation was desperate but not yet hopeless.

 

In May 1213 king John had signed a charter yielding his kingdoms of England and Ireland to the Roman Church as a vassal.[iv] Although as far as John was concerned this was only a means of gaining papal support for a war against his own subjects, it had beneficial repercussions for Henry and for England since it placed them under papal protection, and unified the English church and crown in what was to become a holy war against Louis and the rebel barons. It also had the immediate practical effect of ensuring that no English bishop was prepared to crown Louis, which was .a considerable handicap for him since he was unable to transform his status as a royal claimant into the divine status of a crowned and anointed king.[v] Henry’s own coronation on the 28 October in the Abbey Church, Gloucester gave him a distinct advantage in establishing his superior claim to the throne. It was, however, a condition of the service that he paid homage to Pope Honorius II for his throne; it was a small price to pay to acquire the divinity that protected him from death or deposition by his human enemies, unless it was God’s will. He still had to avoid being conquered by Louis, since that might be regarded as a sign of God’s will. Following the coronation, loyalists minds turned to the formation of a minority council, the nature and form of which was dictated by the circumstances and not custom.

 

Although it was necessary to organise resistance against Louis’ invasion, the most pressing need was to restore the English barons’ faith in royal authority. Only thus would they be willing to pledge their loyalty to Henry instead of Louis. The Henricians knew the dead king’s wishes as they had his will, in which he entrusted his posterity to the Pope and appointed a council of thirteen men, ‘those whom he most relied upon’, “to render assistance to his sons for the recovery of their inheritance”.[vi] In particular, he commended the guardianship of Henry to William Marshall, earl of Pembroke; for he feared that his heir would ‘never hold the land save through him’.[vii] Although William Marshal was the most famous of Henry’s chosen councilors, he was not the first. Lord Guala Bicchieri Legate of the Apostolic See bore the prime responsibility for consolidating Henry’s succession and restoring royal authority. As Henry’s feudal overlord and head of the Roman Church, Pope Honorius III ‘recognized no bounds on the authority he could exercise in England’.[viii] He sanctioned Guala’s to do whatever was expedient to help young Henry and his kingdom ‘without appeal’. Loyalist councilors were urged to submit to the Legate ‘humbly and devotedly’. Consequently, this minority council is unique in our history.

 

Despite Guala’s authority, it was obvious that he was unsuited to fight the king’s war or to conduct the day-to-day affairs of state. So, those present at the coronation prevailed ‘by their ‘common counsel’ upon William Marshall to assume the mantle of Henry’s guardian as envisaged by the late king. William Marshall had remained faithful to king John from personal loyalty and not from conviction. It was well known that he quarreled with John about policy and he was not tainted with his tyranny. [ix] Marshall’s participation in the minority council was necessary because he was the man most able to unite the English barons against the French invader and despite his old age he was still a redoubtable warrior. He planned and led the successful war against Louis and carried out the day-to day administration of state business. He was particularly adept at using royal patronage to ‘buy’ the rebel barons’ support for Henry. Marshall’s appointment was not a nominal appointment, but neither was Guala a titular leader of the council. He was heavily involved in the council’s major decisions and issued orders to Marshal on purely secular matters, requiring him ‘to do as he was bound to do for the honour of king and kingdom.’[x] The third member of a triumvirate at the head of the council was Peter de Roche, bishop of Winchester. He was appointed as Henry’s tutor. It was a sensible arrangement since neither Guala nor Marshall would be able to take personal care of the king. Later, an argument developed about whether de Roche derived his authority from the council or from Marshall.

 

Henry III’s minority lasted for eleven years. Even after Guala’s resignation in 1218 (He was replaced by Pandulf as Legate.) and Marshall’s death in 1219 (He was succeeded by Hubert de Burgh.) it proved to be the most remarkable minority rule in English history. During it, the Plantagenets rather than the Capetian kings of France were confirmed as the ruling dynasty; England was recued from anarchy and Magna Carta was enshrined into English law.[xi] It also had significant constitutional ramifications. The ‘Great Council’ that met regularly to advise the king during his minority and later during his personal rule was the first conception a national Parliament, which became an institution that existed regardless of whether the king was young or old, weak or strong. [xii] I mention these events because they inform our understanding of the respective roles of William Marshall and Legate Guala, and their successors in the minority government.

 

Professor David Carpenter’s describes William Marshall as “the (sole) Regent” because he granted royal patronage, restored royal authority and dispensed justice.[xiii] It is a reasonable description of Marshall’s position; especially, as Henry’s own appellation for Marshall was ‘our ruler and the ruler of our kingdom‘, which is compatible with the notion of a regent. However, as we shall see, the relationship between Marshall and Guala was not straightforward. Its complexity is best illustrated in the revised version of Magna Carta that was issued in November 1216; wherein, the king declares: “But because we have not as yet any seal, we have caused the present Charter to be sealed with the seals of our venerable father the Lord Gualo (sic), Cardinal Priest by the title of Saint Martin, Legate of the Apostolic See; and of William Marshal Earl of Pembroke, the guardians (my emphasis) of us and of our kingdom, at Bristol the twelfth day of November, in the first year of our reign.” [xiv] The description of Guala and Marshall as ‘our guardians’ necessarily casts doubt on the suggestion that Marshall governed alone as regent. More significant though, is the fact that both of the guardians’ seals were used to authenticate the charter. All of which is inconsistent with the notion of Marshall as regent; a position, which by definition involves the personal rule by an individual exercising royal authority (my emphasis) where the monarch is a minor, absent or incapacitated.[xv]

 

Even more serious, is the possibility that Marshall did not actually exercise the authority of a regent. For example, it was Guala who proposed and sanctioned the re-issuing of Magna Carta as a peace offering to the English rebels.[xvi] Naturally, he acted in unison with the council, including Marshall, but it seems unlikely that the charter could have been issued without Guala’s agreement. It is a hypothesis that does not rely on the fact that the Pope had previously opposed Magna Carta, but on the premise that as the late king’s feudal overlord, he held wardship of his heir until he came of age. Thus, Guala was acting with papal authority as the leader of the minority council. Conversely, William Marshall’s authority was political and limited since it relied on his election by the great council. He acted only with and by the consent of the English polity.[xvii] Marshall was the public face of the council because he was best suited to that role; however, the implication that he was unable to initiate high-policy without deference to Guala is inescapable. The fact that Guala and Marshall worked harmoniously together in the common interest does not render this anomaly irrelevant since a regent is defined by his authority and not by his workload.

 

Richard II (1377-99)

When Richard II inherited his grandfather’s throne in 1377 his subjects hoped he would reverse England’s failing fortunes. The chancellor, bishop Houghton caught the public mood in his opening address to Richard’s first parliament. “Richard, he said, had been sent by God in the same way that God had sent his only son into the world for the redemption of his people.”[xviii] The expectation that he was England’s new messiah was a burden Richard found hard to bear.

 

Insofar as Henry III’s minority may have been a model, it was disregarded in 1377. Then as in 1216 the nature and form of Richard’s minority was determined by circumstances. Edward III’s senility and the illness of the Black Prince had left a power vacuum at court that was filled by Alice Ferrers the king’s unscrupulous mistress and her shifty associates. The Good Parliament (1376) had restored some order and probity by taking conciliar control of the government. However, John duke of Lancaster (John of Gaunt) in his capacity as Steward of the Realm restored the primacy of the royal authority by overturning the parliament’s conciliar approach, much to the chagrin of the three estates. Unfortunately, there was nobody of the stature of William Marshall to unite the Lancastrian faction with their opponents, or anyone of the sagacity of Guala to lead them with moderation and wisdom. The king’s paternal uncles who might ordinarily be expected to fulfill that function were considered to be either untrustworthy or incapable, or both. John of Gaunt was the senior royal adult and the most powerful man in England: he was also the most unpopular. Ambitious to a fault, ‘time honoured Lancaster’ had his own regal ambitions, if not in England and France then in the Iberian Peninsular. However, as a failed soldier and diplomat in the French wars, and a disastrous Steward of the Realm, Gaunt was simply unacceptable to the three estates. Richard’s other royal uncles, Edmund Earl of Cambridge and Thomas Earl of Buckingham were considered dilettantes in affairs of state, lacking the prestige or gravitas to lead a minority government. If the idea of a regent was ever mooted in council, it was quickly dropped

 

If the councilors who met shortly after Richard’s coronation had a plan, it seems to have been to prevent Lancaster or any other powerful individual from seizing the reigns of government. Their presumption that the pre-pubescent Richard was fully competent to rule personally was probably based on the notion that the royal estate was inseparable from the king’s person. It might have been naïve to presume so, but it was not mindless. The legal doctrine of capacities was known to parliament but its scope was limited. For example, a legal distinction could be made between the spiritual and temporal capacities of a prelate, or between the private and public capacities of the king’s Chancellor; however, the office of king and the person of the king were considered to be indivisible. Doubts about this were expressed during the troubled reign of Edward II but they were condemned by the barons and were not raised again during the fourteenth century. According to the English constitutional view, the royal estate (i.e. sovereignty) could not be alienated or delegated save in certain specific circumstances, which were not relevant in 1377. Therefore, even if the king was a minor or infirm his royal authority was held to be unimpaired. In practical terms this meant that anyone wanting to control policy had to control the king. That is why there was an increasing preponderance of the late Black Prince’s household servants on the continual councils at the expense of Lancastrians.[xix] It was by those means that the continual council excluded Gaunt from active government. Nonetheless, the presumption of the king’s competence was a subterfuge. He was little more than the public face of monarchy, the visual representation of order and justice. The continual council, though ostensibly the king’s advisors, was in reality the controlling force of government.

 

The composition of the council varied considerably over the three years of its existence. It was meant to be representative of the different strata of the landed classes: two prelates, two earls, two barons, two bannerettes and four knights. As I have already said, the actual membership reflected political affiliations that exposed the diminution of Lancastrian power. Neither Gaunt nor his brothers sat on the council; even if we allow for the possibility that parliament allocated them some general oversight of the government, the absence of the king’s uncles from the council suggests a remarkable change in the balance of power. Between 1377 and 1380, there were three different continual councils, the last two being slimmer and included an even greater preponderance of the Black Prince’s men.[xx] They achieved some success in restoring stability to the government and prudence to public finances, and they did not succumb to the corruption of previous administrations. Nonetheless, their domestic and foreign policies were generally regarded as failures at the time and since: “ A conciliar regime by its very nature was unlikely to excel in either clarity of vision and efficiency of policy making. It’s strength lay in the opportunity it afforded to achieve harmony through consensus.”[xxi] The tragedy of the time was that harmony was probably never achievable among such a dysfunctional polity. In the parliament of 1380, the Speaker, John Gisburgh accused the continual council of financial mismanagement and demanded their dismissal, adding: “…the king was now of great discretion and handsome stature, and bearing in mind his age, which is very near that of his noble grandfather, whom God absolve, at the time of his coronation (not so!); and at the beginning of his reign had no other councilors than the customary five principal officers of his kingdom.” What Gisburgh was advocating was an end to Richard’s minority and a return to normal government.[xxii] It marked the end of this type on conciliar minority but not the end of the need for continual councils to control Richard’s later excesses.

 

Henry VI (1422-1461 and 1470)

King Henry VI succeeded to the English throne following the death of his father on the 31 August 1422; he was barely nine months old. On his deathbed Henry V disposed of his two kingdoms in a codicil to his will. France he entrusted to the regency of his brother John Duke of Bedford. To his youngest brother Humphrey Duke of Gloucester he committed England, signifying that the duke should have ‘the principal safekeeping and defence’ of his beloved son’ (tutela et defensionem nostril carissimi filii principales).[xxiii] These words are important; especially ‘tutela’, since it implied that duke Humphrey was to have the powers of a regent. When parliament met in November to settle the constitutional arrangements for Henry VI’s minority, they had two alternatives. They could grant the late king’s wishes and allow Humphrey to govern the realm as he claimed or they could heed the lessons of the past to devise a tailored settlement. The settlements of 1216 and were of little or no practical value as a precedent, since their circumstances were irrelevant to the situation in the first quarter of the fifteenth century. Initially, the force of Henry’s will and codicil attracted the support of some lords towards Gloucester’s claim (according to the duke anyway). That changed, however, when they realized the implication of his construction of the codicil. The principal objector was Bedford whose position as the senior royal duke and heir presumptive would be prejudiced if Gloucester obtained the regency of England. The other English lords were also anxious; they were not unnaturally keen to preserve English sovereignty in the dual Anglo-French monarchy that subsisted.[xxiv] Therefore, they could not ignore Bedford’s interests by giving away powers that might belong to him, particularly as he was necessarily detained in France.[xxv]

 

The constitutional debate that began on the 5 December 1422 was parliament’s most important business. The lords were determining the governance and defence of the realm and the importance of the occasion cannot have been lost on them. Not only was Henry VI a babe in arms and therefore, unlikely to be crowned for many years but also there were two thrones to consider.[xxvi] At least one historian considers the untimely death of Henry V to have been the ‘most consequential event in the history of Lancastrian monarchy between 1399 and 1461’. Doubtless it was also a significant factor in ‘moulding’ English constitutional ideas for many years to come.[xxvii] It is all the more disappointing, therefore, that neither the debate nor the arguments are recorded in the Parliamentary Roll. It contains only the details of the outcome. Eventually the lords, with the assent of the commons, devised a compromise.[xxviii] John duke of Bedford was appointed ‘Protector and Defender of the Realm and of the English Church, and Chief Councilor of the king’. In Bedford’s absence, that title and its accompanying powers would fall to the duke of Gloucester. It was a pragmatic solution that recognized existing constitutional doctrine and also probably reflected parliament’s fear that either or both the royal uncles might try to impose a regency government on England. The creation of a protectorate scotched that idea. Bedford accepted the decision gracefully; Humphrey, through gritted teeth. He was clearly unhappy at not being given the authority he wanted.

 

Though we do not have an official record of the debate, we do have an unenrolled ex post facto note of Gloucester’s claim, which has been incorporated as an Appendix to the modern translation of the Parliamentary Roll. It is almost certainly a self-serving document as suggested by Anne Curry. Nevertheless, it gives us the gist of Gloucester’s protest and an inkling of his ambition. He claimed the principal tutelage and protection of the king by right of his brother’s codicil, “which codicil was read, declared and assented to by all the lords” who ‘beseeched’ him to take the principal tutelage and protection of the king and promised to help his cause. He alluded to a commons petition that he should to possess the governance of the realm; which petition, he argued, was not satisfied by the proposal that he should be merely ‘defender of the realm and chief councilor’. He also claimed tutelage of the kingdom by right of law: “Whereupon, my lord, wishing that neither his brother of Bedford nor himself should be harmed by his negligence or default, has had old records searched, and has found that, in the time of Henry the third, William Marshall, earl of Pembroke, who was not so close to the king as my lord is to our liege lord, was called ruler of the king and kingdom of England [rector regis et regni Angliae]. So in conclusion, he thinks it reasonable that either he should, in accordance with the desire of the commons, be called a governor or else, according to this record, ruler of the kingdom [rector regni] but not of the king [regis][xxix] as he does not wish to claim as much authority as William Marshall did. So he desires to take upon himself this charge by the assent of the council with the addition of the word defender according to the desire and appointment of the lords.[xxx] The note concludes with Gloucester’s assurances that (being ‘ruler’) he would do nothing of substance or flout the common law, save by the advice of council. He also acknowledged that nothing agreed could be to the prejudice of his brother Bedford’s rights.

 

Given Gloucester’s conviction that the governance of the realm belonged to him personally as of right and by virtue of his late brother’s will, it is hardly surprising that the next few years were marked by his resentment and consequently by disharmony within the conciliar regime. On the 3 March 1428 (during the 1427 parliament), while Bedford was away, Gloucester made another attempt to redefine authority in his favour[xxxi]. ‘Having had’, he said, ‘diverse’ opinions from several persons concerning his authority, he desired the lords to deliberate and carefully reconsider his power and authority for the avoidance of doubt’. He declared himself willing to leave the chamber whilst his request was debated. Indeed, so strong was his attitude that he refused to return to the chamber unless the lords reached a decision. The lords, without the commons (Presumably the lords were acting in a judicial capacity.) gave judgement through Henry Chichele archbishop of Canterbury. The archbishop reminded Gloucester that in 1422 the lords had given mature consideration to his claim, during which they discussed the law and precedent And they had adjudged his claim to be illegitimate since it was not based on the law of England; which law, the late king had no power to alter or change in his lifetime or by his will, without the assent of parliament. However, to keep the peace they had determined that ”… you (Gloucester), in the absence of my Lord Bedford, your brother, should be chief of the king’s council, and have therefore devised for you a different name from the other councilors, not the name of ‘tutor’, lieutenant, governor or of regent, nor any name that might imply governance of the realm, but the name of protector and defender, which implies a personal duty of attention to the actual defence of the realm both against enemies overseas, if necessary, and against rebels within.[xxxii] If the lords had wished Gloucester to have more power, said the archbishop, they would have granted it to him. Furthermore they were amazed that he should now ask for more, especially as he and his brother had accepted this compromise when it was made; since when, of course, the king ‘had advanced in years and intelligence’. Finally, Gloucester was required to be satisfied with his current position and to remember that he had no power in parliament in the presence of the king, save as a duke and that his office was held at the king’s pleasure. It was an unequivocal rejection of the notion that Gloucester (or indeed Bedford for that matter) was regent or had the authority of a regent, during the king’s minority. The lords explicitly reserved to themselves the right to govern during the minority or incapacity of the king, whether in council or in parliament. Although the lords’ anger is palpable and Gloucester received a stern rebuke for his cheek such as no royal duke usually experienced, their decision was not made in pique but only after careful consideration. By rejecting the king’s codicil and by their words, parliament was making a distinction between the civil inheritance of an estate by a will and the constitutional disposal of the kingdom by royal prerogative.[xxxiii] It is a clear that they did not consider the crown to be normal heritable property or subject to the civil laws of inheritance.

 

Gloucester’s claim for tutelage also raised a grave constitutional issue since it included the power to exercise the delegated royal authority, implying a separation of the king’s estate between his person and his office. This was contrary to English law since it was generally held that whatever the disability of the king (‘nonage or infirmity’ to use Chrimes’ quaint phrase), his royal authority was unimpaired; furthermore, this authority resided in the king’s person alone and could not be exercised by any other individual. We see this principle enunciated in a council meeting that took place in 1427, whilst Bedford was in England; wherein it was pronounced that (and I am paraphrasing) ‘even though the king is now of tender age, the same authority rests in his person this day as shall rest in the future when he comes of age.’ Moreover, the council concluded that if, due to ‘the possibility of nature’, the king could not indeed rule in person then ‘neither God nor reason would that this land should stand without governance’; in such a case royal authority rested with the lords spiritual and temporal.[xxxiv] Nobody can doubt that in 1422 Henry’s royal estate was incomplete by virtue of his infancy, ‘since it lacks will or reason, which must be supplied by the council or parliament’. The impossibility of alienating or delegating royal authority is further illustrated by the care with which both parliament and the protector avoided any imputation that their settlement established a partition of the source of authority. Gloucester claimed to be rector regni (governor of the kingdom); he did not claim to be rector regis (governor [tutor?] of the king).

 

Conclusion

The historiographies of these three reigns chart the evolution of English minority governments from the ambiguity of William Marshall’s ‘regency’ in 1216 until parliament’s rejection of duke Humphrey’s claim for tutelage in 1428. During that period the guiding   principle was to preserve the integrity of royal authority through consensus rather than autocracy. Although there was undoubtedly an ideological element to this thinking, the real driving force was political pragmatism. It was believed necessary in each reign, though for different reasons, to protect the integrity of royal authority from the possibility of abuse by an unscrupulous or overly ambitious regent. Consequently, each settlement was driven by the realpolitik of the day rather than by precedent or custom. This is also true of Edward V’s minority.

 

Edward IV’s death was unexpected and unexplained; consequently, its dramatic consequences could not be foreseen by Richard duke of Gloucester or the Council. Edward V’s maternal family led by his mother Elizabeth Grey (née Woodville)[xxxv] mounted a coup d’état against the lawful government and the late king’s wishes. Their aims were to crown young Edward before the Privy Council could arrange a protectorship and to rule the kingdom through a compliant king. Their attempt to persuade the council to their cause in the absence of the king’s senior uncle and their disregard for Edward’s deathbed codicil, whilst not illegal, were not benevolent acts. They raised the spectre of civil war and a return to the social unrest and injustice that had blighted the 1440’s and 1450’s, and triggered the Wars of the Roses. Ultimately, the coup was unsuccessful due to Gloucester’s timely intervention and, more significantly, because the Woodvilles lacked support among the lords. In May 1483 the council’s appointed Richard duke of Gloucester as Lord Protector. This was consistent with the 1422 settlement and with Edward IV’s deathbed codicil, and it consolidated Gloucester’s position as leader of the minority government. However, as we shall see, the council did not exclude the possibility that his powers might be enlarged later, as a bulwark against Woodville ambition.

 

The sermon drafted by the Chancellor (bishop John Russell) for Edward V’s first parliament provides an insight into the councils thinking and their intention. They proposed to enlarge the Lord Protectors powers to include tutelage and oversight of the king and the kingdom.[xxxvi] It is neither necessary nor desirable for me to repeat or to summarize Annette Carson’s analysis of the chancellor’s draft sermon, or to comment on her conclusions about the form of post-coronation government envisaged by the council. My only interest is in emphasizing the radicalism of this proposal, which was completely outwith the conciliar principles of past minorities and challenged the traditional English view of kingship. Quite why the council thought it was necessary to abandon the safeguards afforded by the 1422 model is not certain. However, there are sufficient clues in the draft sermon for us to draw the reasonable inference that political pragmatism was their primary motivation. It was considered necessary for Gloucester had to have full ‘tutelage and oversight’ of the king’ because the Woodvilles were manifestly unfit to do so and/or they had abandoned their responsibility for the king’s person. [xxxvii]. Nobody doubted that they would continue their attempt to control the king, which if successful would be to the detriment of the peace and stability of the kingdom. This speaks well of the trust they espoused in Gloucester and the profundity of their mistrust of the king’s maternal relatives . Although I take note of the fact that Edward V’s coronation never took place and his first parliament never met, it is beyond my scope to examine the reasons for that

[i] JS Roskell – The Office and Dignity of Protector of England with special reference to its origins (English Historical Review Volume 68 April 1953) pp. 193-233

[ii] Annette Carson – Richard duke of Gloucester as Lord Protector and High Constable of England (Imprimus/Imprimatur 2015). See also http://www.annettecarson.co.uk/357052362 for a useful and freely available summary of Carson’s analysis.

[iii] Ralph Griffiths – The Reign of King Henry VI (Sutton Publishing 1998 edition) p.19

[iv] W L Warren – King John (Eyre Methuen 1978, 2nd edition) p. 208.

[v] Sir Maurice Powicke – The Thirteenth Century 1216-1307 (Oxford 1988 2nd edition) pp.1-8; the acts of anointing and crowning a king transformed the nature of monarchy. Not only was the office of king divine but now the person of the king was also divine. Humankind could not remove a crowned and anointed king, unless it was the will of God. Any resistance to him was treason and a sin against God’s law.

[vi] Warren p. 255; John’s executors were: the lord Guala, Legate of the Apostolic See, Peter lord bishop of Winchester, Richard lord bishop of Chichester, Silvester lord bishop of Worcester, Brother Amery of Saint Maurie, William Marshall earl of Pembroke, Ranulph earl of Chester, William earl Ferrers, William Brewer, Walter Lacy, John of Monmouth, Savary de Mauléon, and Fawkes de Breauté. John’s last will and testament is the earliest surviving example of a royal will. Considering its importance, it is a remarkably short document, which is more concerned with ensuring John’s acceptance into Heaven than the detailed disposition of his estate

[vii] D A Carpenter – The Minority of Henry III (Methuen 1990), p 52; William Marshall (1146-1219) was not of royal stock; he was the younger son of a minor Anglo-Norman noble and expected to earn his way in the world. As an errant knight, Marshall earned a fearsome reputation as a jouster and an equally impressive reputation of faithful service to five English kings in peace and in war. Stephen Langton, archbishop of Canterbury, eulogized him as ‘the best knight who ever lived’ and he was dubbed by his first (anonymous) biographer as ‘the greatest knight in the world.’ Marshall inherited his earldom through marriage and by 1216 he was a man of considerable wealth and power. Despite his age (he was now seventy), Marshall promised to be a stabilizing influence for the king and his government.

[viii] Carpenter, p. 13

[ix] Carpenter, p. 18

[x]  Carpenter, p. 52, note7

[xi] Carpenter, p.6

[xii] Sir Maurice Powicke – The Thirteenth Century (Oxford 1988 2nd edition) pp. 1-8

[xiii] Carpenter, pp.13-54

[xiv]file:///Volumes/RICHARD%20III/Murrey%20and%20Blue%20essays/11.%20Lord%20Protector/1216%20Magna%20Carta,%20the%20full%20text.webarchive

[xv] The Shorter Oxford English Dictionary 5th edition (2005); ‘Regent: 1) that which rules, governs or has sovereignty; a ruling power or principle, 2) a person invested with royal authority by or on behalf of another; esp a person appointed to administer a kingdom or state during the minority, absence or incapacity of a monarch or hereditary ruler’. See also Chambers Dictionary 13th edition (2014); ‘Regent: a ruler or person invested with interim or vicarious authority on behalf of another.’

[xvi] Carpenter, p.23

[xvii] Carpenter, p. 55

[xviii] Nigel Saul – Richard II (Yale 1997) p.18

[xix] SB Chrimes – English Constitutional Ideas in the Fifteenth Century (Cambridge 1936) pp. 35-37; by the fifteenth century the courts had declared that the royal prerogative ‘ must be intact in the king’s person alone’ (p.35, citing VYB. SEIV, Micho.fo 118-23 [App No 48]).

[xx] Saul pp.31-55, provides an analysis of the membership and a narrative of their downfall.

[xxi] Saul p.45

[xxii] C. Given-Wilson (ed) – The Parliament Rolls of Medieval England, Volume 6 (Geoffrey Martin and Chris Given-Wilson eds) (The Boydell Press 2005) p.149 [PROME].

[xxiii] PROME Vol 10 (Anne Curry ed) p.6; citing P Strong and F Strong ‘ The last will and codicils of Henry V, EHR, 96 (1981) 99 et al.

[xxiv] PROME Vol 10 p.7; Curry suggests that fears were first expressed about the dual monarchy following the Treaty of Troyes (1420). See also Bertram Wolffe – Henry VI (Yale 1981) pp. 28-35, & 44; and Griffiths pp.19-24.

[xxv] Griffiths p.21; Bedford’s friends were in the House and they knew of his ‘position’. Furthermore his letter to the Mayor and Corporation of London setting out his objections was before the lords. The respective appointments of Bedford and Gloucester under Henry’s will were determined largely by circumstances. Ordinarily, Bedford remained in England as Keeper of the Realm in the king’s absence abroad, whilst Gloucester generally accompanied the king. However, in 1422 Bedford went to France with reinforcements for the army and Humphrey returned to England as Keeper of the Realm. The weakness of Gloucester’ position became clear at a council meeting on the 5 November 1422 when the council determined that his tenure as Keeper of the Realm expired with Henry’s death and that he could only open parliament with their consent. It was a body blow to the ambitious Gloucester.

[xxvi] PROME Vol 10 pp. 3

[xxvii] Griffiths p.20

[xxviii] PROME Vol 10 pp. 3 and 23-24

[xxix] PROME Vol 10, p.6; Anne Curry suggests that the Latin word rector could be translated as Regent.

[xxx] PROME Vol 10, Appendix, item 1. ‘The issue of the title of the duke of Gloucester’, p.61; citing as a source PRO C 47/53/12 (in Middle English), printed in SB Chrimes, ‘The pretensions of the duke of Gloucester in 1422 EHR 45 (1930). 102-3

[xxxi] PROME Vol 10, pp. 347-348, items 24-27

[xxxii] PROME Vol 10, ibid

[xxxiii] PROME; ibid

[xxxiv] Chrimes pp. 36-37; citing Proceedings and Ordinances of the Privy Council (Sir Harris Nicolas – ed) iii, pp. 231-36

[xxxv] I write on the basis that the ‘marriage’ of Edward IV and Elizabeth was bigamous.

[xxxvi] Chrimes pp. 167-190 with notes; see also Carson pp. 57-60 and 168-78

[xxxvii] This is a reference to Elizabeth Grey’s flight to the sanctuary of Westminster Abbey

Richard’s latest court trial….

richards-latest-trial

Richard has been put on trial again, and found not guilty. I tell you the verdict of the latest trial in case you lose the will to live before finally emerging from the intensely intrusive advertisements that always ruin the Leicester Mercury website. The article itself IS there, and an account of the trial.  Just stick at it.

Oh, and Richard is a little middle-aged, but we have to get past that sort of thing.

http://www.leicestermercury.co.uk/8203-richard-iii-trial-in-leicester-set-to-answer-600-year-old-medieval-mystery-8211-live-updates/story-29863423-detail/story.html

In other words, he was acquitted again despite:
Only being five or six when the trial began.
Being dead before it finished. More being allowed to testify without a head – and not mentioning the “energetic priest” moving the bodies.
Only the “balance of probabilities” being required to decide the case.

Usurpation, Murder and More

Some thoughts on source material about events of 1483, the pre-contract and murder.

Matt's History Blog

I read a series of blog posts recently that sought to prove beyond a reasonable doubt that Richard III ordered the deaths of his nephews. Whilst I don’t take issue with holding and arguing this viewpoint I found some of the uses of source material dubious, a few of the accusations questionable and some of the conclusions a stretch. There are several issues with the narrow selection of available sources that continually bug me. It is no secret that any conclusive evidence one way or another is utterly absent but I have issues with the ways the materials are frequently used.

There are four main sources that are often used, two contemporary and therefore primary sources and two near-contemporary which are habitually treated as primary. The farthest away in time from the events that it describes is also the one traditionally treated as the most complete and accurate account, which…

View original post 4,469 more words

Why it had to be the Tower

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Many Ricardians, although convinced of Richard’s innocence in certain matters, have been perplexed by his apparent uncharacteristic actions concerning the precipitous execution of William, Lord Hastings at the Tower.

Annette Carson has investigated the contemporary evidence and come up with a very plausible theory – she admits it is just that, a theory, but it is very interesting nevertheless and just as probable as all the other theories out there.

Have a look at it here: Annette Carson’s Website

 

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