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Archive for the tag “Legitimacy”

Shakespeare? Tudor propaganda? How about some Yorkist propaganda instead….?

The Tudors were past masters with propaganda, and there just wasn’t much of it being used against them. So how about we expunge them from history? How about we produce proof that Richard III was the victor at Bosworth….? Good idea, I think! You saw it here first, folks – and just to make sure there is no doubt, here is a photograph of Richard III’s 1485 Christmas address. It was the first of many, many more.

And what triggered the above sentiments? Well, it is this book Not because of its opinion of President Trump, but because of its analysis of how and why Shakespeare depicted the history of his, Shakespeare’s, England. And why certain kings, disapproved of by the Tudor regime, were subjected to vicious and vile propaganda in order to lessen their claims and reinforce what legitimacy the Tudors and Lancastrians had. Which was very little. The House of Tudor became legitimate in the end, simply because possession is nine tenths of the law, not because they had always had the right to the throne.

Tyrant - Greenblatt - 1

 

 

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Was Henry VII always so clever….?

drawing of young Henry VIIYet again, I tell you the old story of looking for one thing and happening on something else. This time an article that questions the ultimate effectiveness of Henry VII’s reign. Well, rather it raises questions that historians don’t seem to have asked before now. It is well worth reading, especially as there are links to other articles for those who follow our period.

 

A truncated reign and a truncated monarch

Right at the start of this series, Helen Castor (left) takes a black marker pen and illustrates the cause of the 1553 crisis on a large sheet of paper. Beginning with Henry VII, very few of his legitimate male descendants were alive at the start of that year – eliminating the obvious illegitimate cases, we have Henry Stuart, Lord Darnley, aged seven (a Catholic in Scotland) and Edward VI, aged fifteen, whose health took a turn for the worse at that time. There were, however, nine healthy legitimate female descendants: Lady Margaret Douglas, Mary Stewart who was Lady Margaret’s niece of ten and already crowned in Scotland (but living as a Queen consort in France), Henry VIII’s two bastardised, but included by law, daughters Mary and Elizabeth, Lady Frances Grey (nee’ Brandon, Duchess of Suffolk in suo jure) and her three daughters Jane, Catherine and Mary together with Frances’ niece Lady Margaret Clifford. In short, the “Tudor” male line was on the propinquity of its termination, although a medical explanation for this was not given.

In the first programme, Castor showed how Edward’s “devise for my succession” developed during that fateful year. First, he hopes that one of the Protestant Grey sisters will have a male heir to succeed him with Frances as the new King’s grandmother and Regent. Then his illness accelerated and there are crossings out on the devise, such that “the Lady Jane’s heires male” becomes “the Lady Jane AND HER heires male”, in the hope that he will live long enough for Parliament to enact this document and supersede Henry VIII’s own legislation, which named the Catholic Mary as heir after Edward, although the Greys would be preferred to the Stewarts. On the left is the “Streatham Portrait“, previously thought to have been of Jane, but not commissioned until half a century later.

During the first half of 1553, Lady Jane was married to Lord Guildford Dudley, son of the Duke of Northumberland who was Lord Protector at the time. Lady Catherine Grey also married, as did Guildford’s sisters, one to Lord Henry Hastings, later Earl of Huntingdon. In the event, fate overtook Edward’s plans and his devise, as letters patent, had no legal status at his death on 6 July. Darnley’s claim as the last “Tudor” male was to be ignored and England was to have a Queen Regent, as Northumberland took his son and new daughter-in-law from Bradgate in Leicestershire, via Sion House to the Royal Apartments in the Tower for her reign to be proclaimed on 10 July, although Jane took the fateful decision that her husband was to be created Duke of Clarence and not King.

In the second programme, Castor explains how the Privy Council erred by sending Northumberland to East Anglia to arrest Mary, removing the realm’s best military commander from the capital, where the professional soldiers and their weapons were. Mary moved from Kenninghall in Norfolk to Framlingham Castle to strengthen her position and gathered support from those who still adhered to her Catholic faith and who had “known” her from afar for her whole life. There was to be no arrest of Mary, nor was there to be a pitched battle as Henry VIII’s first-born child outmanoeuvred Northumberland, at his Cambridge base, in order to march upon London.

The third episode begins with a naval mutiny ensuring that Mary had some artillery to enforce her claimand the Privy Council officially dethroning Jane. Mary took the Tower, Jane, Guildford and their fathers became prisoners and Mary was proclaimed. For Jane, there could be no return to her earlier life at Bradgate. Except for Northumberland, there was to be no trial until November and even then Jane, Guildford and Suffolk had their sentences of death suspended – until Thomas Wyatt rebelled in the Protestant interest in mid-January, in protest at Mary’s plans to marry Phillip II. Mary then signed the three death warrants, the teenage couple went to the block on February 12th and Jane’s father eleven days later. Cranmer, who had been part of her Privy Council, was attainted and deprived but lived to face Mary’s further wrath at a later date. Darnley married the other Queen Mary and was killed a year or two later in his own realm. For nearly fifty years from that July day when Edward VI’s eyes closed for the last time, England had no male claimant descended from Henry VII and the throne was disputed solely by Queens Regnant.

Castor concludes by pointing out that Jane, proclaimed Queen by the Privy Council who had served Edward VI, should be reckoned as a real monarch of England, even though she had been illegally proclaimed and then dethroned. In some ways, her turbulent final year taught her cousin Elizabeth a valuable lesson – not to take a husband, especially as the most likely such candidate was her fellow survivor: Lord Guildford Dudley’s younger brother, Robert.

On the right is Paul Delaroche’s highly inaccurate painting of Jane’s end, painted as late as 1834. His version of her execution takes place indoors but we know that she died on Tower Green, as did most beheaded women.

For those of us more focused on the fifteenth century, we will be familiar with the concepts of a king Edward whose death was not announced for several days whilst a faction sought to establish control (1483) and of prisoners being executed to clear the way for a Spanish marriage (1499).

More Royal marital irregularity

Edward IV was not the only British late mediaeval king to play fast and loose with canon law. The other case dates from a century and a quarter before 8 June 1461 and had consequences for that king’s heirs; in particular his grandson:

Today in 1337, a first son, John, was born to Sir Robert Stewart, the Paisley-born High Steward of Scotland, and Elizabeth Mure at Scone. Sir Robert was heir presumptive to his uncle, David II, but David was eight years younger and widely expected to have children of his own. He was, indeed, to marry twice but failed to leave any heirs – although being imprisoned in the Tower for eleven years after the 1346 battle of Neville’s Cross didn’t help much, Sir Robert couldn’t have predicted this in 1336, when he undertook a marriage of sorts to Elizabeth Mure.

In the aftermath of Neville’s Cross, as Guardian of the Realm to his absent uncle, Sir Robert and Elizabeth sought to regularise their position under canon law through a dispensation and married properly in 1349. By this time, many of their four sons and six daughters had already been born and they were, arguably, legitimised by the marriage, which ended six years later when Elizabeth, now formally Lady Stewart, died. Sir Robert swiftly married Euphemia Ross, by whom he had two more sons and two daughters and is reckoned to have had eight illegitimate children as well. Jean Stewart, a daughter from his first marriage, married Sir John Lyon of Glamis, from whom the late Queen Mother was descended.

Shortly after this second marriage, David II was ransomed under the Treaty of Berwick, which was a Scottish town until Richard of Gloucester’s 1482 invasion. Joan “of the Tower”, his first wife and Edward III’s sister, died in 1362 and David married Margaret Drummond in 1364, whom he “divorced” in 1370 although this was reversed by the Pope. Although they had been on bad terms, David II died in 1371 and Sir Robert succeeded him as Robert II, to reign for nineteen years.

John, the eldest of his fourteen children, was created Earl of Carrick and was influential during his father’s reign and succeeded him as Robert III in 1390, to be crowned on his birthday. His reign was largely dominated by his brothers, Robert Duke of Albany and Alexander Earl of Buchan. His elder son, David Duke of Rothesay, died in 1402 in Albany’s custody at Falkland Palace. In 1406 he sent his younger son, James, to France only for English pirates to capture him.

Robert III died when he heard this and the new prisoner in the Tower succeeded as James I. He was held there for about seventeen years and returned with Joan “Beaufort”, Henry V’s apparent cousin, as his queen. Albany’s son and successor, Murdoch, two of his sons and his father-in-law were executed for delaying James’ release and the Lancastrian policy of religious persecution was adopted.

From 1436, a plan to depose or kill James was formulated and it involved Walter, Earl of Atholl and Caithness, a septuagenarian son of Robert II’s Ross marriage. It seems highly likely that he was motivated by a disbelief in the validity of the Mure marriage and thus the legitimacy of the offspring of it. The “Avignon” conspirators killed James I at the Blackfriars in Perth during February 1436/7 but his son was crowned and the House of Stewart survived. The surviving Robert_II_of_Scotland Robert_III,_King_of_Scotlandplotters, including Atholl, were tortured and executed.

So were John of Carrick, his siblings and descendants legitimate? It seems never to have been determined by the Church except through the 1347 dispensation. Carrick’s line has ruled Scotland ever since and England from 1603, except for the interregnum whilst Henry VII, a scion of bastardy himself, married his daughter Margaret to the senior Mure-Stewart: James IV.

That petition:
“The kings of France and Scotland, bishops William of St. Andrews, William of Glasgow, William of Aberdeen, Richard of Dunkeld, Martin of Argyle, Adam of Brechin, and Maurice of Dunblane. Signification that although Elizabeth Mor and Isabella Boutellier, noble damsels of the diocese of Glasgow, are related in the third and fourth degrees of kindred, Robert Steward of Scotland, lord of Stragrifis, in the diocese of Glasgow, the king’s nephew, carnally knew first Isabella, and afterwards, in ignorance of their kindred, Elizabeth, who was herself related to Robert in the fourth degree of kindred, living with her for some time and having many children of both sexes by her; the above king and bishops therefore pray the pope that for the sake of the said offspring, who are fair to behold (aspectibus gratiose), to grant a dispensation to Robert and Elizabeth to intermarry, and to declare their offspring legitimate.

To be granted by the diocesan, at whose discretion one or more chapelries are to be founded by Robert.

Avignon, 10 Kal. Dec. 1347

Hard of understanding?

Just in case anyone is still misled by Hicks, here is the reply from today’s Times, written by the experts where DNA analysis was devised:

Richard’s skeleton

Sir, Professor Hicks, in his letter [Dec 5] commenting on our research findings, suggests that the skeleton found in Leicester is not that of Richard III. He states that “there are lots of candidates” yet seems unable to specify one who ticks all the boxes [buried in the choir of Greyfriars, battle injuries, aged mid-30s, same mitochondrial DNA {mtDNA}, scoliosis, etc.] He overlooks the fact that the publication represents a detailed analysis of Richard’s maternal-line relatives across seven generations in order to account for others sharing the same mtDNA type through known relation – and that this mtDNA type is exceedingly rare and therefore highly unlikely to have shown a match by chance.

Hicks also claims that we “presumed the bones to be those of Richard and sought only supporting evidence”. A cursory reading of the paper and an examination of our statistical analyses makes it abundantly clear that the opposite is true. We considered all relevant lines of evidence and made every effort to weight the analysis against the remains being those of Richard III, yet still produce a highly conservative probability of 99.9994 per cent in favour. Lastly, Hicks refers to “wild accusations of bastardy”. Nowhewere do we make any such accusations.

T.King, University of Leicester

MG Thomas, UCL

K Schürer, University of Leicester

Not only are there no “wild accusations of bastardy” by those who understand science but at least one of the nineteen links (from John of Gaunt to John of Dorset) is traditionally thought of as an illegitimacy but may reveal Dorset to be a legitimate Swinford. Our advice to Hicks might well centre upon aiming his fire away from his own lower limbs. He must know what happened at Roxburgh in 1460.

The legitimisation of the Beauforts.

When Richard II and John of Gaunt decided (in view of the latter’s rather belated marriage to Katherine Swynford) that the Beauforts should be legitimated, they did two things. First they obtained a dispensation from the Pope removing any impediments to the Gaunt-Swynford marriage and legitimating the Beauforts. For example, the fact that Gaunt had served as a godparent to one of Katherine’s Swynford children had to be dispensed as this was a bar in canon law to the marriage. Once these hurdles were overcome and the couple married, as far as canon law was concerned their children were legitimate.

So why did Richard II go on to pass a Parliamentary statute legitimising the Beauforts? After all, under canon law they were already legitimate! The answer is that In England that was not enough. They had to be legitimate under common law as well, and common law stated that children born before marriage were illegitimate. The Statute of Merton (1235) had reaffirmed this common law position despite the opposition of the clergy.

Richard II and Gaunt were busy men, and didn’t have statutes passed for the fun of it. They were well aware that, without statutory underpinning, the Beauforts would not be eligible to inherit land. So the statute was passed. Yet another example of how, in English law relating to inheritance, the common and statute law of the land trumped canon law every time.

Some years later, John Beaufort, Earl of Somerset, asked for an exemplification of the legal position from his half-brother, Henry IV. He was possibly concerned about the impact of Henry’s usurpation on the statute law of Richard II, especially given that he, Somerset, had suffered some pains and penalties at the time, including his loss of the marquisate of Dorset.

Henry obliged, by producing Letters Patent which confirmed the status quo with the addition of a provision that this did not apply to inheritance of the crown itself.

Henry’s legal right to do this has been questioned. Certainly, no modern Government would ask the Queen to modify a statute by issuing Letters Patent, and if the Queen did so it would unquestionably be illegal. However, in the middle ages (and long after) the Crown had the right to vary or ‘dispense’ statutes if it saw fit. King James II was still doing this in the late 17th Century, and it was only the Glorious Revolution that led to the practice being made unequivocally illegal.

So Henry IV probably felt that he had the right to exclude the Beauforts, and it is at least arguable that under the law as it was understood at that time he was entitled to do so. It would, after all, have been straightforward enough to put a revised statute through Parliament had he deemed it necessary.

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