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Murrey and Blue interviews Michael K. Jones

  • Which of the Black Prince’s military achievements is the most impressive and why?

The main attraction in writing a biography of the Black Prince was to bring to life his martial exploits, for Edward of Woodstock, the eldest son of Edward III, captured the imagination of fourteenth century Europe. The chronicler Jean Froissart described him as ‘the flower of all chivalry’; the Chandos Herald, who fought with him, saw him as ‘the embodiment of all valour’. Thomas Walsingham wrote: ‘He never attacked a people he did not conquer; he never besieged a city he did not take.’ Even the French were impressed. A Valois chronicler stated: ‘He was one of the greatest and best knights ever seen. In his time, he was renowned the world over and won the respect of all.’

The Black Prince won his spurs at Crécy, on 26 August 1346, aged just sixteen. Edward III’s army used the longbow to deadly effect – annihilating the French nobility – and the Prince fought with conspicuous courage that day. Nine years later he received his first independent command as king’s lieutenant in Gascony, conducting a brutal plundering raid that scorched the earth of Languedoc. But it was at Poitiers, on 19 September 1356, that he won a truly remarkable victory over the numerically superior French, capturing their king, Jean II. In the battle’s aftermath, Jean was forced to accept the terms of a treaty which marked the zenith of England’s dominance in the Hundred Years War.

Edward of Woodstock then became Prince of Aquitaine, ruling – from 1362 – over a vast swathe of territory in southwest France. Five years later, he led an Anglo-Gascon army into northern Spain on behalf of the exiled ruler Pedro of Castile and won his last great success. At Nájera – on 3 April 1367 – he routed the opposing Franco-Castilian army of Enrique of Trastamara and restored Pedro I to the throne.

In purely military terms, the battle of Nájera was the Black Prince’s most impressive achievement. He skilfully reconnoitred the terrain before making a daring night-time march around his opponent’s position, drawn up on a wide plain to the east of the town. As dawn broke, his army made a surprise attack upon Enrique’s left flank. This was instinctive generalship – the Prince deploying his bowmen and dismounted men-at-arms with devastating effect before throwing in his cavalry to pursue and cut down his fleeing foe. The chronicler Henry of Knighton said simply: ‘It was the greatest battle to have taken place in our time.’

Yet, in a broader context, Nájera represented a flawed triumph. The Prince’s conduct of the campaign was on occasions hesitant and lacklustre, and although this was redeemed by a fine victory, its consequences (in which the army succumbed to a dysentery outbreak and Pedro reneged on financial obligations he had promised to repay) left him struggling with sickness and massive debt.

It was the battle of Poitiers that made the strongest impression on contemporaries. Here the Prince showed the full range of his talents: tactical acumen and astonishing courage during the course of the fighting and praiseworthy chivalry – in his treatment of his captured opponent, King Jean II – in its aftermath. It was the summit of his career as England’s warrior-hero.

  •  Do you think the Black Prince would have made a good king?

 The Black Prince passed away on 8 June 1376 – just over a year before the death of his father – after enduring a long and painful illness. His body lay in state in Westminster Hall and his funeral was then held at Canterbury Cathedral, some three and a half months later, on 29 September, amidst an outpouring of national grief. ‘Thus died the hope of the English’, Thomas Walsingham remarked. The poet John Gower hailed the Prince as an exemplar of knighthood: ‘He was never discomfited in a fight…he was a wellspring of courage.’ And in his funeral sermon Thomas Brinton, bishop of Rochester, evoked an era that seemed to be passing: ‘His wisdom appeared not only in his habit of speaking prudently’, Brinton emphasised, ‘but also in his manner of acting, because he did not merely talk like the lords of today but was a doer of deeds.’

Yet an idealised picture was being created. The Prince had, after all, been seriously ill for a long time and it suited contemporaries to remember the glorious victories of his prime rather than his final years in France, which were tarnished by the levying of a hearth tax on his Gascon subjects, the ill-fated resumption of the war and the sack of the French town of Limoges – although here hostile propaganda would play a part in unjustly blackening the Prince’s reputation.

The Black Prince’s generosity towards his fellow fighters left him constantly in debt.  A measure of financial prudence was necessary to be a successful ruler. However, if he had retained his health, his martial standing and easy rapport with the aristocracy would have been considerable assets as king. And at beginning of his rule as Prince of Aquitaine he did indeed show much promise, particularly in his commitment to justice and good government. In contrast, the last days of Edward III’s reign were beset by corruption and mismanagement, making the profound sense of loss at the Prince’s passing only too understandable.

  • Was any part of Richard II’s ‘tyranny’ justified?

Richard II was a very different man from his father. Intelligent and cultivated, he thought carefully about the dignity of kingship, possibly modelling some of his court protocol on what he had learnt of the magnificence of the Black Prince’s rule in Aquitaine. Yet he was no warrior – preferring instead to make peace with France – and his relations with his nobles were marred by distrust and outbursts of petty spite.

The period of ‘tyranny’, a description coined by the chronicler Thomas Walsingham, covered the last two years of Richard’s rule, from 1397-9, when the monarch took his revenge on the Appellants (a group of lords who had restricted his royal powers some eight years earlier), created a host of new aristocratic titles, imposed forced loans upon his subjects and strengthened royal power in the localities. In Richard’s eyes such measures were justified by his own concept of kingship, ‘an obligation laid upon him by God’, but political theory did not match practical reality. He ruled in a climate of fear, alienating many around him and ultimately sowed the seeds of his own downfall.

  • In the fifteenth century, did the Yorkists or the Lancastrians have a better claim to the throne?

 The Lancastrian dynasty began when Henry Bolingbroke, the future Henry IV, deposed the anointed king, Richard II, forcing him to abdicate. The Lancastrian claim to the throne derived from their descent from John of Gaunt (Henry’s father), the third surviving son of Edward III, through the male line. If the female line was given precedence the House of York had the better claim, through their descent from Lionel duke of Clarence (Edward’s second surviving son), through the marriage of Lionel’s daughter, Philippa, to Edmund Mortimer, earl of March – it was the granddaughter of this union, Anne Mortimer, Richard duke of York’s mother, who brought this claim into his family.

However enmity between the houses of York and Lancaster – founded upon this dynastic fault line – a feature of the drift to civil war in the 1450s, was by no means inevitable. Richard duke of York served Henry VI loyally as king’s lieutenant in France and it was only after his replacement by his hated rival Edmund Beaufort, duke of Somerset and fears that Somerset might manipulate the king and challenge York’s position within the realm as heir presumptive (evident in his articles against the duke in 1452) that the Mortimer claim, and the family’s descent from Lionel of Clarence, was once more considered. In short, it was Henry VI’s failure to dispense patronage and political influence even-handedly that propelled the house of York towards asserting its own claim to the throne.

  • Did Margaret Beaufort consistently plot to put her son, Henry Tudor, on the throne, or was she – initially at least – trying to engineer his return to England, and a position within the Yorkist realm?

It is a pleasure to see such a resurgence of interest in Margaret Beaufort – one of the great political survivors of the late middle ages – in fiction, non-fiction and TV. When I undertook my 1992 biography, with Malcolm Underwood, The King’s Mother, little was known about her political role and many of the key facts of her life misunderstood. Tudor historians would later insinuate that Margaret was always trying to advance her son’s claim to the throne but the reality was rather different.

Margaret Beaufort was always the pragmatist – and the archives of St John’s College, Cambridge, show her negotiating with Edward IV to secure a title and marriage for Henry Tudor within the Yorkist polity, a course of action that she continued to pursue at the very beginning of Richard III’s reign. It was only later in the summer of 1483 that Margaret began plotting against Richard. In the words of Polydore Vergil she ‘was commonly called the head of that conspiracy’, but whether her intention at this stage was to promote her son’s claim to the throne or merely to support Buckingham’s rebellion is far from clear. An accessible, recent account of these machinations can be found in the book I wrote with Philippa Gregory and David Baldwin, The Women of the Cousins’ War and in my piece ‘Mother of the Tudors’ in the BBC History Magazine (January 2017).

For Michael Jones’s author website see: www.michaeljoneshistorian.com

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At the gates of Gloucester in 1471….

The Battle of Tewkesbury in May 1471 was to prove decisive for the reign of our first Yorkist king. The opponents were Margaret of Anjou and the Lancastrians, versus King Edward IV and the Yorkists. Margaret was defeated, and her heart and spirit was broken by the death in battle of her only son, Edward of Lancaster, Prince of Wales.

death of prince edward

This article is concerned with what happened immediately before the battle, when there was a game of hide and seek between the foes. Margaret set off north from Bristol, intending to cross the Severn at Gloucester, which was the first bridge over the dangerously tidal river. Edward had been thrown off the scent, but suddenly realized what she was doing, and set off north on a parallel route, up on the drove road along the edge of the Cotswold escarpment, while Margaret’s exhausted army trudged the wetter alluvial road in the vale of the Severn.

It was clear to Edward that she planned to enter Gloucester and cross the bridge, the only access to which was through the town. The main road to the west crossed three branches of the Severn and low-lying meadows by a series of bridges and a long causeway.

west_prospect_of_gloucesterbig

unknown artist; Westgate Bridge, Gloucester

Edward sent a swift rider ahead to order the governor of Gloucester, Sir Richard Beauchamp, to close the gates against the Lancastrians and hold the town. Sir Richard was the son of a staunch Lancastrian, but was now loyal to Edward, and did as he was commanded.

North East view of Gloucester from Wotton, 1712

Margaret could have taken Gloucester by force, but it would have been time-consuming, and she did not dare to risk Edward’s forces coming up behind her. She decided to march on north for the town of Tewkesbury, where there was a ford over the Severn at Lower Lode. The next bridge over the river was further north again, at Upton-on-Severn. The ford was impassable, Edward was almost upon her, and so Margaret prepared to make a stand. The rest, as they say, is history.

lower lode tewkesbury

If you visit Gloucester today, it is hard to associate anything with the Gloucester of 1471. Oh, there are four main streets that form a crossroad in the heart of the city: Southgate, Northgate, Eastgate and Westgate. But the gates themselves have long since gone, and the streets are now pedestrianised. There are medieval buildings, if one knows where to look, but a great deal of wanton 1960s damage was done to Gloucester’s soul. The cathedral remains, however, and is still (in my opinion) the most handsome of all our cathedrals. But perhaps I’m biased.

gloucester cathedral

What has also gone forever is the castle from where Sir Richard would have commanded his men as Margaret’s host banged at the gates. First it was dismantled until only the keep was left, and this was used as a gaol. Then that too was pulled down, and HMP Prison Gloucester was built. That is also no more, and in excavations they have found the remains of the old castle keep. What goes around, comes around.

Gloucester castle keep still in use as gaol in 18th century

remains of castle keep, gloucester

See http://www.dailymail.co.uk/sciencetech/article-3351160/Is-rival-Tower-London-Huge-medieval-castle-discovered-buried-beneath-prison-s-BASKETBALL-court.html

The original castle nestled in the south-western curve of the old city walls, beside the river and quay, and would have been able to overlook the approach to the South Gate. This is surely the way Margaret would have come.

EPSON MFP image

EPSON MFP image

The land on the floor of the Severn vale is flat Severn clay, which after rain is like thick half-set glue. Whether it had been raining or not I don’t know, although I imagine that the impassable ford at Lower Lode meant there had been a quantity of rain in recent days. Well, there had been somewhere upstream on the Severn, if not in Gloucestershire. Or, of course, there was the Severn bore to consider, with the notoriously hazardous wave sweeping well inland. I have been told that it was not unheard of for it to sweep all the way to Worcester. There is a weir at Gloucester now, to stop it, but in 1471 Tewkesbury was well within reach. And spring tides are high in March, April and May.

If these conditions prevailed, Margaret’s men would have been even more disheartened. More than that, the land south of Gloucester was marshy anyway back then, the river would spread out of its bed. Thus the main road from Bristol was on another causeway. Not the ideal landscape and conditions for a medieval army that was already weary. (The land had been drained a great deal by the time the illustration below was drawn.)

EPSON MFP image

Gloucester - Kip - 1712

Map of 1712 showing South Gate and Castle (middle, bottom, just above river)

With the gates closed firmly against them, Margaret marched on north, and Sir Richard Beauchamp’s men came out behind her army and harried the rear, capturing some guns. He was to be knighted after the battle.

Magraret prisoner tewkesbury

An artist’s impression of Margaret of Anjou being taken away in defeat

In suo jure (or titles that did pass through the female line)

In this post, we reminded our readers that a lineal Lancastrian is a person descended from Blanche, the younger daughter of Henry of Grosmont, not from her husband, John of Gaunt, by another wife.

Titles usually fit into these categories:
i) To begin with, many older titles were created before Letters Patent in such a way that they could pass directly through the female line.
ii) Newer (late mediaeval onwards) titles were created under Letters Patent and theoretically could not but were in practice, as we shall see.
iii) Many Scottish titles, which are similar to category i. A good example is the late Michael Abney-Hastings (left, also known as “Britain’s Real Monarch”), who succeeded his mother and grandmother to the Earldom of Loudon after they both lost their only brothers during the World Wars.

In a significant number of category ii cases, the title in question was re-conferred on the previous holder’s son-in-law, in jure uxoris, before passing to the couple’s children. This is a frequently observed constitutional fiction, as these cases, some of them close to Richard III, testify:
1) Richard’s uncle and posthumous father-in-law the Kingmaker (right) was Earl of Warwick in jure uxoris. He was killed in 1471 and left two daughters, who died in 1477 and 1485 but his widow Anne Beauchamp, whose brother had previously been Duke of Warwick, remained as Countess until she died in 1492. Only then did her remaining grandson inherit the title.
2) Although the Dukedom of Norfolk is now (from 1483) limited to “the heirs male of the first Duke, lawfully begotten”, it passed through female hands several times before then. Margaret of Brotherton held it first, then her daughter’s son Thomas Mowbray. Anne, the last Mowbray was orphaned in 1476 and was Duchess until her 1481 death, as Edward IV sought to hijack the title for his middle son, Richard of Shrewsbury. John Howard was then “created” to this title through his mother. Under normal circumstances, it would have been in abeyance because his aunt’s male line, the Berkeleys, was still in existence. William Howard similarly married Mary Stafford in 1637, after her teenage brother’s death and was created Viscount Stafford, although
Mary retained the Barony for life.
3) Thomas of Woodstock was Earl of Essex, as was his daughter’s son, Henry Bourchier (d.1483) and Henry’s great-granddaughter Anne (d.1571). Similarly, Henry’s granddaughter Cecily married John Devereux and their great-grandson, Walter, was Earl of Essex from 1572. Their son, executed in 1601, is shown left.
4) In this case, we reintroduce Blanche. John of Gaunt was only “created” Duke in 1362 after Blanche’s father, elder sister Maud and infant niece had died. It is through Blanche, although we know it to be a fiction, that Henry IV claimed the throne.
5) Finally, we show (right) the sister of the present Duke of Norfolk and her famous late husband. Lady Carina Fitzalan-Howard has a brother and an elder sister. The 1483 remainder precludes her inheritance of the title.

In summary:
1) None of these titles passed to a child by the “wrong” wife of an in jure uxoris peer.
2) Some feminist writers, including some of the noblewomen who cannot inherit the titles, have said that such remainders are now an anachronism. However, to cancel them today would surely discriminate against past women, such that their fathers would not have inherited in the first place.

 

What do Matilda and Margaret, Eleanor and Elizabeth, plus two Henrys, add up to…?

To my mind, it adds up to two very similar situations that are two centuries apart.

Henry I deathbed - stand-in pic

Let us begin in the 12th century. On his deathbed, Henry I of England named as his successor his only surviving child, his daughter, the Empress Matilda. He obliged the nobility to agree. They reneged, of course. A woman as queen in her own right? Cue mass hysteria among the male upper classes and uncontrollable fits of the vapours in the Church. And cue a sharp move by her cousin, Stephen, who promptly had himself crowned before she could even return to England.

To cut a long story short, Matilda fought first for herself, supported by her powerful half-brother, Robert of Gloucester. When it became clear she would never be accepted because she was a woman, Matilda fought on behalf of her eldest son. He, thanks to her tireless efforts, eventually became Henry II—and yes, he is one of the two Henrys.

There was nothing Matilda would not have done to see her son on the throne, and her aim came to fruition. And when he was crowned, she became the highest woman in the realm. She wasn’t monarch in the own right, but came darned close!

Then came the time when Henry II chose a queen. Not just any queen, but beautiful, spirited Eleanor of Aquitaine, who was not only a powerful, troublesome lady with a mind very much of her own, but was also prepared to scheme and manipulate on behalf of her sons by Henry. Against Henry.

Eleanor’s reputation was not squeaky clean. She had been married to the King of France, only for the marriage to be annulled and custody of their two daughters given to Louis. She had been on a Crusade with her husband, and halted at Antioch, where she encountered her uncle, Raymond of Poitiers, who was described by William of Tyre as “a lord of noble descent, of tall and elegant figure, the handsomest of the princes of the earth, a man of charming affability and conversation, open-handed and magnificent beyond measure“. There were whispers because Raymond and Eleanor spent such a great deal of time together and seemed so very intimate. She quite clearly found her uncle preferable to her husband. The whispers increased when she declined to leave Antioch with said husband, who eventually took her away by force. She was a lady to whom scandal seemed drawn, but it is only her ‘acquaintance’ with Raymond that is of interest for this article.

Raymond of Poitiers

Raymond of Poitiers

The difficulties between Henry and Eleanor commenced when the latter came up against Matilda, who was not about to surrender the position of First Lady. As far as Matilda was concerned, Eleanor was simply Henry’s wife, with no claim to any power. A baby-making machine, no more or less. Open warfare threatened.

fighting women

Was Henry caught in the middle? Well, in a way, but he loved his mother because of all she had done to put him on the throne. Then (so the story goes) he fell for one of his many mistresses, a lady known as Fair Rosamund Clifford. It was too much for Eleanor. Already furious about playing second fiddle to Matilda, she now had to endure his immense infatuation for younger  woman. Eleanor stormed off to her lands in Europe, there to plot with her sons against their father.

the lion in winter

If you have seen the film The Lion in Winter, you will know that Eleanor and Henry were played by Katherine Hepburn and Peter O’Toole. Oh, how the sparks and flames flew when they were on screen together. Eleanor was indeed very beautiful, but I don’t think Henry resembled O’Toole. According to Gerald of Wales [he had} “a reddish complexion, rather dark, and a large, round head. His eyes were grey, bloodshot, and flashed in anger. He had a fiery countenance, his voice was tremulous, and his neck a little bent forward; but his chest was broad, and his arms were muscular. His body was fleshy, and he had an enormous paunch, rather by the fault of nature than from gross feeding.” Definitely not the gorgeous Peter.

* * *

Now we must fast forward to the fifteenth century, and Lady Margaret Beaufort, yet another mother who would stop at nothing to see her son on the throne. Meet that son, Henry VII, the second Henry concerned in this article. Unlike Henry II, who was a direct blood heir, Henry VII’s forebears descended through a rather convoluted and weak line that included the bastard strain of the Beauforts (illegitimate offspring of John of Gaunt and his mistress, Katherine de Roët.

When Henry, taking for himself the role of legitimate heir of the House of Lancaster, was helped to Richard III’s throne by traitors, his formidable mother became First Lady—she was known as the King’s Lady Mother. Like Matilda, Margaret also had a helpful half-brother, John Welles, Viscount Welles, but he was hardly in the same class as the mighty Robert of Gloucester.

I could not find an illustration of John Welles, but this is his father, Lionel, Lord Welles, who died at Towton.

Henry always supported whatever Margaret did. She was, perhaps, the only person he ever trusted completely. His was a suspicious, secretive, paranoid character. He was not a mother’s boy, but came pretty close.

Then he too took a wife. He had to, he’d promised it in order to win the support of discontented supporters of the House of York (to which his defeated predecessor, Richard III, had belonged). If Henry had tried to wriggle out of it, there would have been uproar, because the promise entailed marrying the eldest Yorkist princess, Richard III’s niece, Elizabeth. Henry VII did not like having to do as he was told, but wasn’t given much of a choice.

Elizabeth of York - for WordPress

It is hard to imagine anyone less like Eleanor of Aquitaine. Elizabeth of York was reportedly lovely, but was mostly so quiet and apparently inactive that she barely offered a defiant squeak when Henry and his mother belittled her. She must have loathed Margaret, who swanned around almost as if she were the king, not Henry.

However, like Eleanor before her, Elizabeth had also been caught up in a scandal. It too involved an uncle, Richard III. There were strong rumours that something went on between uncle and niece—so strong that Richard was forced to deny it all in public. Whether there was any truth in it all will never be known, although I doubt very much that Richard returned any incestuous affection. That falls into the realm of fiction. He was intent upon arranging a foreign match for her. But the story clings to Elizabeth’s memory. Maybe she did love Richard, who, unlike his Shakespearean namesake, was actually a handsome young widower at the time in question.

Richard III for WordPress

Henry VII may have come to feel affection for his queen (perhaps because she was so unlike his domineering mother!) but she always took second place to Margaret. There is no known equivalent of Fair Rosamund in Henry’s life, so Elizabeth was never challenged on that score. Even if she had been, I doubt if she would have flounced off in a fury as Eleanor did. Perhaps Henry’s problem with his marriage was that he could not forget the rumours about Richard.

Maybe Elizabeth was one of those people who work quietly in the background, getting her own way when she wanted, but never openly defying either Henry or Margaret. Well, she did once, and Henry was so startled at the unexpected stamping of her Yorkist foot, that he backed down. I’d love to have been there, just for the joy of seeing his face.

So, there we have it. Two grimly determined mothers-in-law, two daughters-in law touched by rumours of incest and consigned to second place. And two Henrys who were loath to take on their mothers. Two M’s, two E’s and two H’s!

Matilda and Margaret could not have the throne in their own right, but were prepared to fight tooth and nail to put their sons there. Eleanor was another in the same mould, but Elizabeth of York was not. Neither daughter-in-law was afforded proper prominence in the eyes of her husband.

As for the Henrys, well, while their mothers could not rule alone as the true monarch (heaven forfend!) these sons were quite happy to lay claim the throne through the female line. So, a woman’s blood was good enough pass on to a son who would be crowned, but was next to worthless if she tried to assert herself by becoming “king”.

 

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

Henry the “Lancastrian”? Another own goal

You may have read here, here, here or even here about the regular own goals of a certain “Tudor”-ist trtomb_of_john_of_gaunt_and_blanche_of_lancasteroll.

Anyway, given the fact that Henry VII, whether Tudor, Beaufort or Swynford, is not descended from Blanche, Duchess of Lancaster in suo jure but from her husband’s mistress and later wife, Katherine de Roet, he wasn’t a true lineal Lancastrian. Carson has listed thirty individuals, some mentioned here, who were alive on 22 August 1485 and were descended from Blanche, therefore having better claims than Henry.

Now duRose mentions that Henry VII was descended from Blanche’s paternal aunt, therefore he was a lineal Lancastrian. This is actually true but very counter-productive. As you can see below, Blanche had no brothers but an elder sister, whose only child died in infancy. Her father, Henry of Grosmont, had no brothers but five sisters, one of whom was a prioress but the other four all had issue and descendants alive in 1485.

You can see quite clearly that Henry’s ancestress was Mary, the youngest of the quintet. Eleanor, the fourth sister, leads to Richard III et al whilst there are three lines to John Howard, Duke of Norfolk and a lot of other famous people are listed.

Here is the evidence that there are now HUNDREDS of people with a better lineal Lancastrian claim than Henry VII in 1485.

What goes around, comes around….

sir-john-holand-tournament

In January 1400, after the failure of the Epiphany Rising that was intended to remove Henry IV from the throne and restore Richard II, John Holand, Earl of Huntingdon, the younger of Richard’s half-brothers, fled from London. The weather was foul, and time and again his vessel was driven ashore. Eventually he gave up, and took to the land again in Essex. To shorten the story, he was captured and summarily beheaded by his enemies at Pleshey.

As I’ve said, Holand was Richard II’s half-brother, but he was also Henry IV’s brother-in-law. He chose to stand by his blood kinsman, and it cost him his life. Holand was not an angel, but he was a renowned tournament knight, a great showman in the lists, and always put on a star-quality performance. Other knights on the famous tournament ‘circuit’ knew he was a force to be reckoned with. He always delivered the goods as far as his audience was concerned, and must have been quite something to watch, so how very sad the shabby fate he was to meet that New Year in Essex.

The thing is…what is the January weather like in Essex today? Well, Holand might have recognised it, what with high winds, floods, storm surge warnings and the like. It seems that all these centuries later, when it comes to weather, nothing much has changed in that neck of the woods. It was vulnerable then, and still is.

Tadcaster Bridge

tadcasterbridgeThis, over the Wharfe whereby part of the defeated Lancastrian army at Towton fled, has been closed since the 2012 and 2015 floods but will be re-opened on 19th February and the Archbishop of York will preside at a ceremony the following Sunday.

The Epiphany Plot of 1400

Following the deposition of Richard II, his leading supporters among the nobility were put on trial before Henry IV’s first parliament. Well, all apart from the Earl of Wiltshire who had – in plain terms – been murdered at Bristol on Henry’s orders before Henry became king. (As a Lancastrian, Henry was of course allowed to do this sort of thing without receiving any criticism from historians.)

Some brief pen-pictures of the men in question may be helpful, since they will be unfamiliar to many readers:-

Edward, Duke of Aumale, highest ranking of the accused, was the elder son of the Duke of York, and was thus first cousin to both Richard II and Henry IV. Despite his relative youth (26 in 1399) he had been high in Richard’s counsels since the early 1390s and had received an astonishing array of offices from the king, being, among other things, at one point both Lord High Constable and Lord High Admiral. A devious man of considerable ability, described by one chronicler as a ‘second Solomon’, his contribution tends to be underrated by historians. He was also a survivor. Despite involvement – or alleged involvement – in several plots against Henry IV, he was to survive long enough to be the leading English casualty of Agincourt. Nevertheless, in the Parliament of late 1399 he had a most torrid time. It is likely that Richard II intended Edward to be his heir.

John Holland, Duke of Exeter was King Richard’s half-brother – they shared the same mother, Joan of Kent. He was married to Henry IV’s sister, Elizabeth of Lancaster. Exeter was at this time in his late 40s. He had not always been a strong supporter of Richard, and had at one point been quite closely associated with his father-in-law. However, during the 1390s he had become increasingly important as a member of Richard’s inner circle.

Thomas Holland, Duke of Surrey was Exeter’s nephew, the eldest son of Thomas Holland, late Earl of Kent. Another relatively young man, he had recently replaced his deceased brother-in-law, Roger Mortimer, Earl of March (killed 1398) as Lieutenant of Ireland. He had also replaced Aumale as Lord High Admiral.

John Montagu (or Montacute) Earl of Salisbury, who was in his late 40s, had only succeeded to his uncle’s earldom in 1397, having been for many years merely Sir John Montagu. His uncle had alienated many of the family estates – there was bad blood between them – and Salisbury was by some way the least wealthy of the accused. Nor had he received any particular rewards in land from King Richard. Acting as Richard’s ambassador to France, he had been unfortunate enough to earn Henry Bolingbroke’s personal enmity because of the message he had brought to Charles VI on Richard’s behalf – which was essentially that Henry should be treated as persona non grata. Salisbury was known to be a Lollard – an early Protestant – and attracted some hostility for that reason. King Richard himself was generally hostile to the Lollards but nevertheless tolerated Salisbury and a few other followers of that movement at his court.

Thomas Despenser, Earl of Gloucester was married to Constance of York and was thus Aumale’s brother-in-law and the Duke of York’s son-in-law. 26 years old at this time, he had commanded King Richard’s rearguard in the 1399 campaign in Ireland and been one of the king’s strongest supporters during the upheaval of 1397. Even without the rewards given to him in 1397, he was a very wealthy man, in terms of landed income much more so than his father-in-law. The jewel in his crown was the very valuable Marcher Lordship of Glamorgan.

They had all served as ‘counter-appellants’ in 1397, when Richard II had taken his revenge on his uncle, Thomas of Woodstock, Duke of Gloucester and the earls of Arundel and Warwick. All, except Salisbury, had received generous grants of forfeited lands. All except Despenser (Gloucester) and Salisbury had also participated in the partition of the Lancastrian estates earlier in 1399. As a group, they were very much Richard’s ‘Party’ and it cannot be denied that most of them had been very handsomely rewarded for their loyalty. Apart from Salisbury they were all closely linked to Richard by blood or marriage or both.

The outcome of the trial – to cut a long story short – was that the accused lost the lands granted to them in 1397 and those who had received upgraded titles (everyone except Salisbury) lost them and reverted to their pre-1397 status. For the purpose of this article, I shall continue to refer to them by their Ricardian titles, to avoid unnecessary confusion.

The group were placed into the temporary custody of the Abbot of Westminster, who was a Ricardian himself. It appears that they immediately began to conspire against Henry, although on the face of it the King meant to rehabilitate them fairly quickly. With the exception of Salisbury – against whom Henry maintained a rather obvious grudge – they were, for example, very quickly restored to the Council. Edward of Aumale even received confirmation of some valuable land grants, including the Lordship of the Isle of Wight. Of course, Edward was rather a special case, being the King’s cousin, and perhaps more importantly, York’s son. The Duke of York (who had been Richard’s Keeper of England during the King’s absence in Ireland) had given Henry quite strong support, almost from the minute he surrendered to him near Berkeley Castle a few months earlier.

In addition, Edward had not been aligned politically in quite the same way as the others. Richard divided his army in Ireland – allegedly on Edward’s advice – sending the smaller portion to North Wales under Salisbury while returning himself to South Wales with the remainder. When Richard broke up his army near Carmarthen he actually left Aumale behind, possibly fearing that his cousin was no longer reliable in view of the defection of the Duke of York at Berkeley. It seems likely that this defection was a principal cause – if not the main cause – of the King’s panic and his decision to join Salisbury in North Wales. (This decision led to the collapse of his cause and his eventual capture by Bolingbroke.) The other lords involved were all with the King to the bitter end.

A note on sources. The main sources for the Epiphany Rising are Walsingham and Traison et Mort. Both have their issues. Walsingham (though used as a principal source for the reign) is hopelessly biased against Richard II, and frequently reports rumours, however ridiculous, if they tend to Richard’s discredit. He can not infrequently be caught out in direct falsehoods. Traison, on the other hand, was written by a French member of Queen Isabelle’s household. He is heavily biased towards Richard, tends to blame Edward of York for the King’s downfall, and reports details of matters of which he cannot possibly have had direct knowledge, such as the manner of Richard’s death.

The key to the plot was an attempt to assassinate Henry IV (and perhaps his sons) at Windsor Castle. The great army that Henry had assembled to place himself on the throne had, for the most part, gone home. Therefore the King was vulnerable to an attack from a small force, which was all the conspirators could assemble. (Many of their retainers had found alternative patrons by this time, or were otherwise unreliable, and in any event, for obvious reasons, only the most loyal could be trusted in a scheme of this kind.)

At the same time, a number of risings were to be provoked across England, and King Richard was somehow to be released. (His exact location was almost certainly not known to the conspirators.) Richard was to be represented, in his absence, by his clerk and double, Richard Maudelyn, who was probably either a half-brother or cousin of the deposed monarch.

By one means or another, the plot was revealed to Henry at the last moment. Traison blames Aumale, who accidentally revealed the plot to his father, York. The pair of them then hurried to warn the King, Edward being immediately pardoned. Walsingham merely says that Henry was ‘forewarned’ but does not disclose the method. Another source, Continuatio Eulogii, says that one of the King’s squires picked up the intelligence from a prostitute who had previously slept with someone involved in the plot. A final possibility must be that Elizabeth of Lancaster got wind of her husband’s dealings and sent warning to her brother.

Most modern historians tend to dismiss Aumale’s ‘serious’ involvement in the plot. Even so, it is hard to see how he, with his connections, could have remained innocent of what was going on. On the other hand, it must be recognised that many in England (and even more in France!) were deeply suspicious of his motives throughout, and accusations or mutterings of treason against him continued regularly for some years. It is hard to discern how much of this was smoke and how much fire.

Be this as it may, the fact remains that Henry and his sons escaped from Windsor with only hours to spare, so whatever warning was received came at the last minute, in true dramatic style.

The King’s escape was, in effect, equivalent to the defeat of the conspiracy, as the rebels did not have the forces to match those which Henry was soon to raise from London and the surrounding counties. According to Traison they held the bridge at Maidenhead for some hours, which was probably as good a fight as they could make of it. They also sought to recruit from the various towns and villages they passed, and according to Walsingham also visited Queen Isabelle (Richard’s very young wife) at Sonning, seeking her support and that of her household.

Unfortunately, the news that Henry was not far behind them with a large and growing army could not be long concealed, and tended to put a damper on recruitment. The rebels’ retreat rapidly turned into flight, which came to an end at Cirencester, where, exhausted, their ‘army’ camped in the fields while the lords took up lodgings in various inns. What happened next is unclear, but it appears the inhabitants of the town realised that the lords were fugitives, and besieged them in their lodgings. A fire started, and Surrey and Salisbury surrendered, and were initially lodged in the abbey. However, when the townsfolk of Cirencester grasped the measure of the damage done to their town by the fire, they dragged the two lords out again, and summarily executed them without legal authority. Walsingham states that Salisbury, who was a Lollard, refused to make confession before his death.

The mystery of Exeter and Gloucester.

According to Traison these two lords were at Cirencester, escaped their burning inn by climbing out of the window, and fled in different directions. In the case of Exeter in particular this seems most unlikely. Walsingham states that he remained in London, which makes sense if his role was to raise the Ricardian element among the citizens. Such men were in a minority, but they certainly existed, and if Henry had not escaped they might well have put themselves forward. Exeter was eventually captured in Essex. He was also murdered by the local population without lawful authority, at Pleshey Castle, seat of the late Duke of Gloucester, the uncle Richard II had (possibly) had murdered in 1397. The location was, of course, highly significant.

Had Exeter been in Cirencester, he would surely have been wiser to flee towards Devon, where he had extensive land holdings, than eastward, directly into the teeth of Henry’s forces. I therefore conclude it is most unlikely he was at either Windsor or Cirencester. Though, as an experienced warrior and tough fighter he would have been something of an asset if he had been.

Thomas Despenser, Earl of Gloucester, is barely mentioned by Walsingham at all, except in the matter of his escape and capture. Again, there is at least a possibility he was not at Windsor or Cirencester and that he never left Cardiff. Indeed, it may be he was guilty of nothing more than misprision of treason at worst. Hearing that the King’s men were on their way to arrest him, he took ship from Cardiff, carrying a considerable amount of portable wealth. However the ship’s captain refused to take him anywhere but Bristol, where the citizens chose to prove their loyalty to Henry by murdering him.

If Despenser was indeed innocent of any active involvement in the plot, it might help explain his widow’s bitter hatred of Henry, which culminated in her plot, in 1405, to remove the Mortimer heirs from Windsor Castle and place them in the protection of Owain Glyndwr.

Many of the lesser supporters of the plot were assembled at Oxford for trial. Maudelyn, Sir Bernard Brocas and William Feriby were brought to London, to be hanged and beheaded at Tyburn. Sir Thomas Blount and twenty-five others from Cirencester were hanged, drawn and quartered at Oxford. Another thirty-seven received pardons, and at least one, Salisbury’s stepson, was actually acquitted. Roger Walden (the deposed Archbishop of Canterbury), the Bishop of Carlisle and the Abbot of Westminster were all imprisoned for a short time, and Henry Despenser, Bishop of Norwich, fell beneath an uncomfortable level of suspicion, but was not proceeded against.

A number of small risings broke out across England in support of the plot, but all subsided with little fuss. The one in Chester was perhaps the most serious and led to a brief siege of the castle. Ironically the man who put it down, the Bishop of St. Asaph, was soon to number among Henry’s enemies as a firm supporter of Owain Glyndwr.

As for the widows, Henry treated Elizabeth of Lancaster and Constance of York with considerable generosity – of course they were his sister and first cousin respectively. These two remained very rich ladies indeed, and did superbly well compared to the widows of ‘traitors’ in the Tudor period or even the Yorkist era. The other widows had less kindly provision, although the worst treated of all, the Countess of Wiltshire, had suffered from Henry murdering her husband before he even became king, and had no connection to the plot.

In the aftermath of the plot it appears that Henry (and almost certainly his Council) decided that King Richard’s life should be cut short to discourage any further rebellions in his favour. Richard died at Pontefract on 14th February 1400. Various explanations are given, but the most likely seems to be that he was starved to death. Despite this, and the public display of his body in St. Paul’s, rumours that he had escaped and was alive and well in Scotland continued to plague Henry – and indeed his son. That a ‘Richard’ was living at the court of Scotland is an undoubted fact – whether he was the real Richard is quite another matter.

Sources

The most useful source by far is Chronicles of the Revolution 1397-1400 by Chris Given Wilson.

Other sources:

The Usurper King – Marie Louise Bruce

Fears of Henry IV – Ian Mortimer

Richard II – Nigel Saul

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Usurpers? ALL of them…?

Well, all of them except Richard II. The following are extracts from the Introduction to Anthony Steel’s 1941 biography of Richard II. I think it is a very succinct and interesting description of the right to the throne of all the kings of England from Richard II to Henry VII. However… (see my comments at the end of this article)

“…The reign of Richard II marks in many respects the culminating point in English medieval history. If Henry VII was, as has been claimed for him, the last of the medieval kings of England, Richard II was the last of the old order, the last king ruling by hereditary right, direct and undisputed, from the Conqueror…” 

“…After his [Richard II’s] violent deposition in 1399 nothing could ever be quite the same again: it was the end of an epoch. Medieval divine right lay dead, smothered in Pontefract castle, and the kings of the next hundred and ten years, medieval as they were in many respects and desperately as they tried to drag together the shredded rags of legitimacy, were essentially kings de facto, not de jure, successful usurpers recognized after the event, upon conditions, by their fellow-magnates or by parliament. Even Henry V, perhaps the strongest and the most medieval of the series, depended for five-sixths of his revenue on the goodwill of his subjects, and could never quite live down the dubiety of his father’s title and the precedent of unfortunate concessions exacted from his father’s weakness…” 

“…It is true that the effective precedent afforded by the events of 1399 was for at least a century or two no more than a precedent of usurpation and that the Lancastrian parliamentary title was in the main imposed on those reluctant sovereigns after the event. Even Henry IV (and how much more Edward IV and Henry VII) owed the throne not to the sovereign will of the English people, expressing itself through a representative assembly, but effectively to conquest, to some dim pretence of hereditary right and above all to the support of a few wealthy and powerful individuals and the vague fears of the propertied classes in general. All were saviours of society, in the limited medieval sense, against a threatened spoliation or, worse, disintegration. But with the gradual perfecting of the bureaucratic and remorseless Tudor machine of government [it all changed]…” 

Maybe Richard II was indeed the last of the old order, but in my opinion the king guilty of meddling with the true hereditary descent was Edward III, who shortly before his death apparently gave in to Lancastrian pressure and signed a document that declared the crown could not descend through the female line. This meant that the junior House of Lancaster took precedence over the senior House of Clarence/Mortimer. Why? Because although the latter descended through Edward’s second son, Lionel, Duke of Clarence, it was through the female line.  Lancaster was through the third son, but through the male line.

So, although Henry IV usurped Richard’s II’s throne, he did it with what would, apparently, have been his grandfather’s blessing. Well, perhaps not entirely, for I doubt the old king would have gone along with the ‘let’s kill Richard II’ aspect.

Herein lay the origin of the Wars of the Roses, the House of York tracing its descent through the line of Son Number Two, Lionel, Duke of Clarence, and Lancaster through the line of Son Number Three, John of Gaunt.

It is only within the last year or so that it has been decided that from now on the Crown can pass through the female line with equal right as the male. How many centuries?

But anyway, the above extracts are interesting and very clearly put. After Richard II, they were ALL usurpers. Correct?

Hmm. To my mind, the accession of Edward IV righted the great wrongs done by Edward III and then Henry IV. The kings of the House of York were indeed the true hereditary heirs to the throne of England. Opinions please…?

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