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THE RISE AND FALL OF WILLIAM LORD HASTINGS AND HIS CASTLE OF KIRBY MUXLOE

Reblogged from

A Medieval Potpourri sparkypus.com

 

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The atmospheric ruins of Kirby Muxloe Castle, showing the moat, the gatehouse and the only tower to near completion ..

Kirby Muxloe Castle, lies in Leicestershire countryside,  in ruins, the unfinished project of William, Lord Hastings.  Hastings was the epitome of a successful and powerful  15th century lord.  But as with other nobles of those turbulent times, success run cheek by jowl with downfall, dishonour, betrayal  and death.  Hastings’ life is well documented elsewhere and I want to concentrate more upon Kirby Muxloe Castle but to tell the story of the castle its necessary for a brief summary of Hastings life to be told too.

Hastings,  c1430-1483,  had been raised to be  a loyal Yorkist from youth,  his father, Sir Leonard Hastings having been a retainer of Richard Duke of York.  He first begun his rise and rise to power and fortune after the Battle of Towton 29 March 1461 where he was knighted.  Soon after as a mark of the closeness between him and Edward IV he was made Chamberlain of the royal household and in 1462 he was further rewarded with the granting of ‘full power to receive persons into the king’s grace at his discretion’.  Grants and lands,  removed from defeated and disenfranchised Lancastrians, enabling him to support  his new status were swiftly bestowed upon him.

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THE STALL PLATE OF WILLIAM HASTINGS, ST GEORGE CHAPEL, WINDSOR c.Geoffrey Wheeler

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Manticore badge of William Hastings c.1470

He seems to have been blessed with the trait of being able to run with the hounds and play with the foxes as he managed to stay on friendly terms with his brother in law, the great Richard Neville,  Earl of Warwick,  known later as the Kingmaker, after Warwick become disenchanted with Edward IV.  Rosemary Horrox suggests that Warwick  may have seen Hastings as ‘the acceptable face of Edward’s court circle, but it is certainly not evidence that Hastings had supported the earl’ (1).  Indeed when Edward went into exile in the Low Countries Hastings accompanied him, thus strengthening even more the bond between them.

Hastings extraordinary power and privilege stemmed from this closeness to the king and was known and commented upon  at the time,   a servant of the Pastons observing  ‘what my seyd lord Chamberleyn may do wyth the Kyng and wyth all the lordys of Inglond I trowe it be not unknowyn to yow, most of eny on man alyve’ (2). No doubt this would have led to clashes with the Queen, Elizabeth Wydeville, and her delightful  family, including her sons, despite one of them, Thomas Grey, Marquess of Dorset being married to Hastings step daughter, Cicely Bonville.    Later, Edward knowing death was approaching, pleaded with his bosom pal Hastings and his stepson, Grey,  to put their differences behind them and work together for the benefit of Edward’s young son.  Edward died at a comparative young age, 42, a death which came out of the blue for some.  Hastings, no doubt alarmed at the appalling thought of his enemies, the upstart and voracious Wydevilles getting it all, sent a letter to Edward’s brother, Richard Duke of Gloucester, warning him of  the Wydeville plots.  Hastings seems to have got on well with Richard, as he had with Warwick.  Gloucester,  having been warned,  took control of the situation and with a minimum of bloodshed took  up his role of Lord Protector as set out in the late king’s will.   Croyland Chronicler reports Hastings ‘as bursting with joy over this new world’ (3)   The rest is history, and  the mystery of why Richard,  known for his fairness, had Hastings removed from a council meeting at the Tower of London and beheaded on the 13th June 1483 can only be speculated upon.  After his death Richard dealt kindly with his widow, Katherine Hastings nee Neville,  granting  permission for Hastings to be buried close to his  late friend and king, in St Georges Chapel, Windsor , as requested in Edward’s will and allowing her to keep her husband’s lands and  which leads me to Kirby Muxloe….

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The Western Tower with the Gate House to the left..with thanks to Bobrad for photo.

On the 17th April 1474 Edward IV had granted Hastings, by then a very wealthy man.  licence  to fortify with walls and battlements  four of his properties plus enclose large areas of land to create hunting parks around them, one of these properties  being Kirby Muxloe (4) There was already an earlier medieval manor house there  but I have been unable to ascertain what condition it was in when building  of the castle commenced.  Its most likely that whatever condition it was in the intention would have been to demolish it at some stage as completion of the castle neared its end.  Indeed its known that some repair work was carried out on the old house while building of the new castle was taking place.   The foundations of this old house can still be seen today.  Its an indication of Hastings fabulous wealth that he had not completed Ashby de la Zouch Castle, intended to be his main seat, before work commenced on Kirby Muxloe in 1480.  The plans were for a rectangle courtyard surrounded by a moat  with a tower at each of the four  corners.   The gatehouse and one tower were nearing completion when news reached the builders of Hastings execution.    This must have thrown the workmen and craftsmen into disarray and its not beyond probability some of their number would have downed tools at that stage although  Katherine Hastings continued the work on a much smaller scale until finally giving up altogether the following summer.

Hastings had employed master mason John Cowper who trained as an apprentice  in the building of Eton College.  It is from Eton that Cowper would have come across the  method of bricklaying known as ‘diaper work’ – patterns made from dark bricks built into lighter brickwork – and used   it in the design of the walls at Kirby Muxloe.  The initials WH (although not the initials of his wife..really Sir William!), the maunce or  sleeve from his coat of arms, a ship and a jug are among designs  incorporated  into the diaper work.   Cowper was  also familiar with Tattershall Castle and may have based the gate house at Kirby on Tattershall’s great tower.  All that remains of what would have been a massive gatehouse is the base.  The remains of a  wooden bridge that led to the gatehouse and drawbridge were discovered in 1911  and are preserved in the  moat.   On entering through the gate  two rooms are to be found, both with fireplaces, one of them likely intended as a porters lodge.     Two spiral staircases, both made of brick lead to the first floor with rooms containing  fireplaces, latrines and  windows.  The floors above were never completed.

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Example of the diaper work at Kirkby Muxloe.  

Six towers were intended, four at each corner and two midway in the perimeter walls.  The surviving foundations of these towers can still be seen.  The West Tower is the only complete tower to survive, square in shape and comprising of three floors, a spiral staircase and latrines.

Luckily the building accounts for the castle have  survived.  They were written in a mixture of Latin, French and English by Hastings’ steward Roger Bowlett.  So we know that a Flemish man called Antony Yzebrond in charge of the manufacturing of the huge amounts of bricks required  was paid 10d a week, a man called John Powell was redirecting a brook to feed the moat, another man, Hugh Geffrey,  was building a cart track for the carriage of stone while John Peyntour was sent to gather crab apple trees to be used as grafting stock.  Were these gentlemen present when the shocking news arrived of the demise of their master we will disappointingly never know.    After Hasting’s widow, Katherine,  gave up her  valiant attempt to complete the work the  following year  Kirby Muxloe was abandoned, used as farm buildings for a  while before being finally  given up  to the elements.

 

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Gatehouse with replacement wooden bridge…

It is interesting to compare the rise and fall of Hastings to that of the building and fall of Kirkby Muxloe.  Whatever led to the execution of Hastings – did he betray Richard? Who in turn betrayed him?   – Catesby perhaps?  Was he perhaps bitter that he was not given the awards he had hoped for by Richard, Richard being a different kettle of fish to his brother Edward,  as he watched the rise and rise of Buckingham..Or  was it that Richard blamed him for keeping the pre contract between Edward and Eleanor Butler nee Talbot a secret from him..a secret that was the catalyst for the fall of the House of York.  Its sad to reflect that if Hastings had survived those initial very dangerous days his presence at Bosworth alongside Richard may well have led to a completely different outcome.

 

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William Hastings, first Baron Hastings’ signature..

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Doorway in the gatehouse leading to possibly a porters lodge.

 

I give a massive thank you to John Goodall and his most informative Guidebook on Ashby de laZouch and Kirby Muxloe.  Also to Rosemary Horrox for her article Hastings, William, first Baron Hastings to be found on the Oxford DNB.

  1. Hastings, William, first Baron Hastings Rosemary Horrox Oxford DNB
  2. Paston Letters 1.581
  3. Croyland Chronicle Continuations,159
  4. License to crenellate: Although never mandated by the monarchy nor a common practice until after 1200, applying for a license to erect a castle or to fortify a standing residence indicated not only that the applicant had the self-confidence to approach the king, but also demonstrated that he possessed the financial and personal status that came with the ability to build a castle. For many lords, receiving the license to crenellate was accomplishment enough, so they felt no urgency to complete the process with an outlandish expenditure of money that could result in bankruptcy. Just having the royal license proved they were qualified to move in the circles of the rich and famous and that the monarch recognized their social status.  Lise Hull Kirby Muxloe Castle – Quadrangular Glory in Brick and Water

     

Elizabeth Wydeville…Serial Killer?

UPDATED VERSION AT sparkypus.com A Medieval Potpourri https://sparkypus.com/2020/06/08/elizabeth-wydeville-serial-killer/

IMG_6008.JPGElizabeth Wydeville The Royal Window Canterbury Cathedral.

Yes,  this is a serious question.  After reading several of the late John Ashdown-Hill’s books, particularly his last one, Elizabeth Widville Lady Grey, I think it’s time to give it some serious thought.  Although prima facie it may appear absurd, after all we are talking about a real actual Queen, not a monster from a Grimms’ fairy story, I think it may be worthwhile to give some actual consideration to this question and its  plausibility.

 

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Edward IV, the Royal Window Canterbury Cathedral.  Did a careless remark made to his wife unwittingly bring about the death of Desmond?

Lets take a look at the first death that Elizabeth has been associated with – that of Thomas Fitzgerald Earl of Desmond.  The first port of call for anyone interested in this would be the excellent in-depth  article co-written by Annette Carson and the late historian John Ashdown-Hill both of whom were heavily involved with the discovery of King Richard IIIs remains in Leicester.  Here is the article.

Their assessment goes very deep but to give a brief summary – Desmond was executed on the 15th February 1468 by his successor John Tiptoft, Earl of Worcester, a man known for his cruel, sadistic nature and dubbed The Butcher of England by his contemporaries.   The execution was immediately followed by  armed rebellion, the Earl’s elder sons ‘raised their standards and drew their swords to avenge their father’s murder ‘ swiftly followed by  King Edward, both alarmed and displeased in equal measures,  promising  that if the Desmonds laid their arms down they would be pardoned. Edward also assured them that he had neither ordered the execution or had any knowledge of it whatsoever. This begs the question if it was not Edward,  who gave Tiptoft the go ahead to execute Desmond  – as well as it is said his two small sons? This was swiftly followed by extremely  generous grants to James, Desmond’s oldest son,  despite the Act of Attainder against his father.  Included in these grants was ‘the palatinate of Kerry, together with the town and castle of Dungarvan.  This grant may be thought to signify that in Edward’s view an injustice had been done’. This was as well as an ‘extraordinary priviledge’ – that of the Desmonds being free to choose not to appear in person before Edward’s deputy or the council in Ireland but to be able to send a representative instead. Clearly Edward had grasped that the Desmonds were, understandably, extremely wary of putting themselves in the hands of the Anglo Irish authorities.

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Richard Duke of York.  His wise and just reputation in Ireland survived long after his death.  

Various explanations  have been given as to why Tiptoft had Desmond executed.  It was given out that he had been guilty of ‘horrible treasons and felonies as well as alliance, fosterage and alterage with enemies of the king, as in giving them harness and armour and supporting them against the faithful subjects of the king’ as well as the ludicrous charge of plotting to make himself King of Ireland,

Upon Tiptoft’s arrival in Ireland in  September 1467 he had initially co-operated with Desmond and other Irish lords.  This was unsurprising as Edward IV was on extremely friendly terms with the Irish lords.    This friendship carried over from his father, Richard Duke of Yorks time in Ireland where he had been held in high regard and in fact Desmond’s father, James, had been George Duke of Clarence’s godfather.   However on the opening of Parliament on the 4th February a bill was immediately brought forward  attainting Desmond and others including his brother in law, the Earl of Kildare. Desmond was removed from the Dominican friary at Drogheda on the 14th February and swiftly executed. The others managed somehow to avoid arrest and execution until Edward, finding out what had occurred, pardoned them. This also adds to the strength of the theory that the execution had been carried out without Edward’s knowledge. This might be a good place to mention that Desmond had indeed been in England around the time of Edward’s ‘marriage’ to Elizabeth  and when much chatter was going on regarding her unsuitability as a royal bride.  There is a surviving 16th century account of Edward while  having an amicable chat with Desmond, asked him what his thoughts were regarding Edward’s choice of bride.  It is said that Desmond at first wisely held back but pushed by Edward did admit that it was thought widely that the King had made a misalliance.  This was relayed, foolishly by Edward to his new bride, perhaps  oblivious in those early days of  her capabilities. A spiteful, vindictive Elizabeth had stolen the seal from her husband’s purse as he slept and had written to Tiptoft instructing him to get rid of Desmond.  This begs the question of whether Tiptoft himself may have been unaware that the order did not emanate directly from the King.  The rest is history and a dark and terrible day at Drogheda.

Moving forward some 16 years later in 1483 we have an extant letter from Richard to his councillor the Bishop of Annaghdown in which he instructs the said Bishop to go to Desmond’s son, James,  and among other things to demonstrate  (shewe) to him that the person responsible for the murder of his father was the same person responsible for the murder of George Duke of Clarence (1).     As Carson and Ashdown-Hill point out, this is a ‘ highly significant analogy’ because, in 1483, Mancini  had written that contemporary opinion was that the person responsible for Clarence’s death was no other than Elizabeth Wydville.  Elizabeth, no doubt having discovered that her marriage to Edward was a bigamous one –  he already having a wife – namely Eleanor Butler nee Talbot – at the time of his ‘marriage’ to her,  had ‘concluded that her offspring by the king would never come to the throne, unless Clarence was removed and this she easily persuaded the king’ (1). It is highly likely that Clarence, who perhaps was of a hotheaded nature, had also become aware that Edward and Elizabeth’s marriage was null and void having been informed of this fact by Bishop Stillington.  Stillington was imprisoned and Clarence  met the same fate as Desmond – an execution regularly described by historians, of all views, as judicial murder.

IMG_2534.JPGGeorge Duke of Clarence from the Rous Roll. George was only 28 years old when he was executed in what has been described by some historians as a ‘judicial murder’

It should be remembered that shortly before his arrest Clarence had been widowed. Clarence had insisted that his wife, Isobel Neville, had been murdered – poisoned he said.  One of the acts he was accused of at his trial was of trying to remove his small son, Edward, out of England and to safety abroad. He obviously genuinely believed that Isobel had indeed been murdered, why else did he attempt to get his son out of harms way? This story has been told in many places including  Ashdown-Hill’s books, The Third Plantagenet as well as his bio of Elizabeth.  If Isobel was indeed murdered the truth has been lost with time but it can safely be said that Clarence was a victim to Elizabeth’s malice although of course Edward has to take equal blame for that. Hicks, and Thomas Penn, are among the historians who  have described Clarences’ execution as ‘judicial murder’.  Hicks in his bio on George,  states that the trial  held before a Parliament heavily packed out with Wydeville supporters was fixed. George stood not a chance and was led back to the Tower to await his fate.  He did not have to wait too long.  Penn writes ‘…his brothers life in his hands, Edward pondered the enormity of his next, irrevocable command. A week or so later, with Parliament still in session, Speaker Allington and a group of MPs walked over to the House of Lords and, with, all decorum, requested that they ask the king to get on with it‘.  Insisting that the king order his own brother’s liquidation was hardly something that Allington would have done on his own initiative. The source of the nudge could be guessed at (2).  As Penn points out Speaker Allington’s  ‘effusions about Queen Elizabeth and the little Prince of Wales were a matter of parliamentary record; the queen had awarded him handsomely appointing him one of the prince’s chancellors and chancellor of the boy’s administration’.  Thus George Duke of Clarence was toast and it appears the second victim to the malignity of the Wydeville queen. Later it was written by Virgil that Edward bitterly regretted his brother’s ‘murder’..for thus it is described by Penn… and would often whinge when asked for a favour by someone that no-one had requested a reprieve for George (not even the brothers’ mother??? Really Edward!).

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Elizabeth Wydville, The Luton Guildbook.  Cicely Neville, her mother in law is depicted behind her. Cicely’s feelings on one of her son’s bringing about the death of another son are unrecorded.

Another damning point against Elizabeth is that Richard III in the communication mentioned above, granted permission to  James, Desmond’s son to ‘pursue by means of law those whom he held responsible for his father’s death’.   Both Edward and Tiptoft were dead at this time but Elizabeth was still alive and demoted from Queen to a commoner. As it transpired James did not pursue the matter at that time and a year later it was all too late – Richard was dead and Elizabeth had been reinstated as Queen Dowager.  Further evidence regarding Elizabeth’s guilt came to light 60 years later in the 16th century in the form of a memorandum addressed by James 13th Earl of Desmond, Desmond’s grandson, to the privy council.  In an attempt to get property that had been removed from one of his ancestors returned to him James referred to the great privilege that was awarded to his earlier Desmond relatives, that of not having to appear before Anglo Irish authorities that had been granted by Edward IV because ‘the 7th Earl of Desmond had been executed because of the spite and envy of Elizabeth Wydeville”.   This memorandum also contained the earliest written account of the conversation between Edward IV and Desmond regarding Elizabeth’s suitablity as a royal consort,  the repeating of which to Elizabeth had resulted in Desmond’s murder.

It’s now not looking good for Elizabeth at this stage. There are other names, other deaths,  that begin now to  look rather suspicious. After all if Elizabeth could be involved with two deaths could there have been more?

The next deaths that need consideration are those of Eleanor Butler and her brother in law, the Mowbray Duke of Norfolk.  According to Ashdown-Hill who has researched Eleanor in depth, her death occurred while her family and protectors, particularly her sister Elizabeth Duchess of Norfolk, with whom she appears to have been close, were out of the country attending the marriage celebrations of Margaret of York to Charles the Bold, Duke of Burgundy. This marriage had been ‘pushed forward’  by Elizabeth Wydeville (3). Of course her death may have been the result of natural causes although it’s not hard to imagine Edward and Elizabeth breathing massive sighs of relief. However karma is a bitch, as they say, and the spectre of Eleanor would later arise with tragic results and the complete fall of the House of York.

Whether Eleanor died of unnatural causes of course can now never be ascertained.   Ashdown-Hill compares her death to that of Isobel Neville in that after they first become ill it was two weeks before they died (4).  Certainly it was unexpected and must have caused shock and grief to her sister on her arrival back in England – presumably the Duchess may not have left England and her sister if she had been seriously ill and close to death.  In actual fact Eleanor died on the 30th June 1468 while Elizabeth Talbot only begun her trip back to England from Flanders on the 13th July.  Coupled with this, two of the Norfolk household were executed around this time through treasonous activity but nevertheless this must have caused disconcertment and fear to the Duke and Duchess following on so soon from Eleanor’s death. Very sadly, the Duke himself was to die suddenly and totally unexpectedly. The Duchess of Norfolk, now bereft of her husband and sister, found herself forced to agree to the marriage of her very young daughter, the Lady Anne Mowbray, to Elizabeth Wydeville’s youngest son, Richard of Shrewsbury.  This was much to her detriment being forced to accept a diminished dower in order to supplement the revenue of her young son in law.  She thereafter lived out her days in a ‘great’ house in the precincts of the Abbey of the Minoresses of St Clare without Aldgate, poorer but surrounded by loyal and loving friends most of whom had also suffered at the hands of Edward IV and the Wydevilles (5).

In summary, I’m confident that Elizabeth was deeply implicated in  the executions of Desmond, an entirely innocent man, and Clarence whom she feared because he knew or suspected the truth of her bigamous marriage.   Could there have been others? The hapless Eleanor Talbot perhaps?  Of course she was not a murderess in the sense that she actually and physically killed anyone but she did indeed ‘load the guns and let others fire the bullets’ as they say. There is little doubt that Richard Duke of Gloucester came close to being assassinated on his journey  to London and close to the stronghold of the Wydevilles at Grafton Regis, in 1483. This was down to the machinations of the Wydevilles including of course the fragrant Elizabeth who by the time he arrived in London had scarpered across the road from Westminster Palace, loaded down with royal treasure, and taken sanctuary in Westminster Abbey, a sure indication of her guilt in that plot. Richard, in his well known letter, had to send to York for reinforcements “we heartily pray you to come to us in London in all the diligence you possibly can, with as many as you can make defensibly arrayed, there to aid and assist us against the queen, her bloody adherents and affinity, who have intended and do daily intend, to murder and utterly destroy us and our cousin the Duke of Buckingham, and the old blood royal of this realm” (6).

After that dreadful day at Bosworth in August 1485, and a bit of a tedious wait, Elizabeth now found herself exulted once again this time as mother to the new Queen. She would, one have thought, reached the stage where she could at last rest on her now rather blood soaked laurels. Wrong! She was soon  found to be involved in  the Lambert Simnel plot,  which no doubt if successful would have resulted in the death of her daughter’s husband. Whether her daughter, Elizabeth of York, would have approved of this is a moot point and something we shall never know although surely she would hardly have welcomed being turfed off the throne and her children disinherited and my guess is that relationship between Elizabeth Snr and Jnr became rather frosty after that. Henry Tudor, who was many things but not a fool took the sensible  decision to have his mother in law ‘retired’ to Bermondsey Abbey, no doubt to protect her from herself but more importantly to protect himself from Elizabeth and her penchant for plots that mostly ended up with someone dead. And there at Bermondsey, a place known for disgraced queens to be sent to languish and die, she lived out her days no doubt closely watched, Karma having finally caught up with her.

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Terracotta bust of Henry VII. Elizabeth’s son-in-law.  Henry prudently had Elizabeth ‘retired’ to Bermondsey Abbey. 

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John Tiptoft Earl of Worcester.  Effigy on his tomb.  Tiptoft’s propensity for cruelty did not deter Edward from appointing him Lord Deputy of Ireland in 1467 nor did it dissuade Elizabeth to involve him in her plotting to bring about the death of Desmond.  

(1) Harleian Manuscript 433 Vol 2 pp108.9

(2) The Usurpation of Richard III Dominic Mancini. Ed. C A J  Armstrong.

(3 ) The Brothers York Thomas Penn p405

(4) Elizabeth Widville Lady Grey p87 John Ashdown Hill

(5) Ibid  p124 John Ashdown Hill.

(6) The Ladies of the Minories W E Hampton.  Article in The Ricardian 1978

(7) York Civic Records Vol.1.pp 73-4.  Richard of Gloucester letter to the city of York 10 June 1483.

 

 

 

 

Hastings was executed because….?

from the link below

“….[executed in the Tower of London was] William Hastings, who tried to support the claims of Edward VI [sic] children to the throne in 1483….”

The above is a quote from this link – which contains boo-boos, as you can see from my quote.  Well, was that why Hastings was executed? For trying to support the claims of Edward IV’s children, not those of the precocious Edward VI, who died at fifteen? Let’s be honest, no one really knows what Hastings did to warrant swift trial, sentence and execution, so such a broad statement is a little OTT, although the crime must have been pretty serious. Despite the history as claimed by traditionalists, Richard III was not a man to react in such a way lightly. His record of head-lopping was relatively small, unlike many other kings, who notched up quite a total in just as short a time. Nor was Richard the sort of man who would gladly murder his brother’s children, of that I feel certain. So why does he get all the opprobrium?

Forget the heartstring-plucking story of the boys in the Tower. No one knows what happened to them – certainly not that Richard had them exterminated in their beds.

There were may reasons why Hastings might plot against Richard, and one (in my opinion) was the realisation that in Richard’s reign he, Hastings, wouldn’t enjoy anywhere near the same position and influence as he had in Edward IV’s. The Hastings nose was out of joint, perchance?

He might also have known about Edward IV’s pre-contract with Lady Eleanor Talbot…which was what made Edward’s sons and daughter illegitimate and led to Richard ascending the throne. If that was the case, it wouldn’t be Richard who wanted him out of the way. Indeed, Richard would be one of the last people to sweep him into eternity. Step forward any number of Woodvilles, who wanted to be back in power and couldn’t be if someone could prove there’d been a pre-contract.

There’s also the possibility that supporters of Henry Tudor wouldn’t want Hastings around if he knew about the pre-contract. Very inconvenient when Henry pledged to marry Elizabeth of York and unite England’s warring Houses of York and Lancaster. Well, that was his noble claim, of course. In fact he resented having to marry her and just had a fancy to usurp the throne. He had to legitimise her and her siblings, and thus her missing brothers, giving them a much better claim to the throne than his own.

Hmm, Hastings was therefore an exceedingly inconvenient presence if he could somehow prove she was definitely illegitimate – um, not that Henry’s family history erred on the side of legitimacy, come to think of it. They may have been legitimised by Richard II and confirmed as such by Henry IV, but the latter also made a point of barring them from the throne. Henry VII’s blood claim was therefore very washy, and he relied upon conquest to justify his usurpation. Having to marry Elizabeth in order to satisfy the strong Yorkist element among his nobility must have stuck in his craw.

That’s not to say the ensuing marriage did not become a happy one, but I doubt very much if it started out that way. It wouldn’t have started out at all if Hastings had put his oar in and strengthened Richard’s case. With him vouching for the existence of a pre-contract, far more wavering Yorkists would have accepted in 1483 that Richard, Duke of Gloucester, Edward IV’s last remaining brother, was indeed the rightful occupant of England’s throne.

So, we have the Woodvilles and Henry VII as Hastings’ likely enemies. Who knows what “horrible plot” they may have cooked up and seen that Richard heard about it? That he believed Hastings was scheming against him is quite clear. He thought/accepted that his own life was in danger because of whatever it was Hastings was supposedly up to. Only a fool would do nothing about it, and stand idly by until the Grim Reaper struck. But contrary to traditionalist insistence, Hastings was not hauled out immediately and executed over a tree trunk or whatever. There was a trial, conviction and sentence.

No doubt many of you will not agree with my reasoning, but it’s what I genuinely think.

Matthew Lewis on YouTube: 2) Mancini

Here is the second in my series of Top 10’s. This one is focussing on Dominic Mancini’s account of the events of 1483. It’s a hugely problematical source, both in terms of Mancini himself, who spoke no English, had no grasp of English politics and very limited sources, and in terms of the current translation in use which often chooses weighted words to make Mancini’s account darker.

It’s a negative source, without a doubt, written for a French audience hostile to England and Richard III and gripped by their own minority succession crisis, but it’s also misused and misunderstood. Mancini explains that he has had his arm twisted by Angelo Cato to write the account, which he had not wished to commit to paper. Cato worked at the French court, so had his own agenda is seeking to make Richard and his England seem like a land of murderous monsters.

More than this, Mancini admits, when complaining about being brow beaten into writing his account, that he knows almost nothing for certain. He wrote ‘I indeed decided that I ought not to expatiate so freely in writing as in talking, for, although on your account I did not shrink from pains, yet I had not sufficiently ascertained the names of those to be described, the intervals of time, and the secret designs of men in this whole affair.’ He adds ‘Wherefore you should not expect from me the names of individual men and places, nor that this account should be complete in all details; rather shall it resemble the effigy of a man, which lacks some of the limbs, and yet a beholder delineates for himself a man’s form.’

If Mancini had visited Torquay in the 1970’s, he might have given Manuel a run for his money.

Manuel

I know nothing…

Joan, Lady Mohun.

Joan, Lady Mohun was the daughter of Sir Bartholomew Burghersh, Lord Burghersh and Elizabeth de Verdun. Her brother, another Sir Bartholomew Burghersh, was the father of the heiress Elizabeth Burghersh who married Edward, Lord Despenser. It is not know exactly when Joan was born but a date somewhere in the 1320s seems likely. (Her brother was born in 1323.)

in 1341 (or thereabouts) Joan married Sir John Mohun of Dunster Castle in Somerset, (Lord Mohun of Dunster.) This may have been because John (born 1320) was in the wardship of Joan’s uncle, Bishop Burghersh of Lincoln, having inherited his estates at the age of ten.

The couple had at least three daughters. Elizabeth, who married William Montagu, Earl of Salisbury (after his divorce from Joan of Kent.) Maud, who married John Strange, Lord Strange of Knockin. Philippa, who married successively, Walter Fitzwalter, Lord Fitzwalter; Sir John Golafre; and Edward of York, who was at the time of their marriage Duke of Aumale, but later 2nd Duke of York. Some sources suggest there was a fourth daughter who became a nun.

Philippa was at least ten years older than Edward of York – Pugh is unkind enough to suggest that she was old enough to be his mother. However, no firm date of birth can be established and one can but guess.

John Mohun was a founder member of the Garter, and served in the French wars – almost inevitably given his status and generation. He died in 1376, and left his widow nicely provided for with a jointure in the whole of the extensive Mohun lands. Joan (who presumably considered that her daughters were adequately settled with their marriage portions) fairly promptly sold the reversion of the estates to the Lutterell family. This meant that she would have plenty of money herself but that there would be no legacy of land to her heirs.

In his book The Court of Richard II Father Gervase Mathew stated that Joan, Lady Mohun was one of the more influential ladies of Richard II’s court. This seems likely to be true, if only because the Appellants banished her from court in 1388 – they’d scarcely have bothered if she’d just been sitting there quietly producing embroidery, would they? She had an annuity of £100 for life from Richard II which she later exchanged for the Lordship of Macclesfield (Cheshire.)  She was also given the Garter in her own right in 1384. Clearly a lady in high favour.

One of Anne of Bohemia’s last acts was to grant Lady Mohun Leeds Castle, in Kent for life. Not a bad Christmas present you may think!

Joan Mohun was also on good terms with John of Gaunt, who placed his daughter, Catherine of Lancaster with her in 1380, and exchanged New Years gifts with her from 1380-1382. In 1392 he also purchased from her the marriage of a cousin, Matilda Burghersh, the daughter of Sir John Burghersh. This Matilda (or Maud), an heiress in her own right, was subsequently married to Thomas Chaucer, son of the poet Geoffrey Chaucer and Philippa Roet.

Joan lived until 1404 and was buried in Canterbury Cathedral. Her tomb survives, and although it is now in poor condition must have been very splendid in its day. It was also in a particularly coveted location, which demonstrates her wealth and influence. Her will is online and is of of some interest, although it is far from clear what the ‘rubrum’ left to Philippa might have been.

There was an attempt to regain the daughters’ landed inheritance from the Luttrells, but it failed.

As an aside, ‘Mohun’ is apparently pronounced ‘Moon’ and ‘Burghersh’ seems to be along the lines of ‘Burwaish’.

 

 

 

 

 

 

NOT AGAIN! THE LATEST FROM A CAIRO DWELLER …

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Richard Duke of Gloucester being offered the crown by the Three Estates at Baynards Castle, June 1483.  Painting by Sigismund Goetze at the Royal Exchange…(or according to some.. Richard in the actual act of ‘usurping’ the throne)…

I came across this article on a forum devoted to late medieval Britain.

Unfortunately I read it..5 minutes from my life I will never get back again… but as I was laid up with a bad head cold I had nothing  much better to do.  I should have been warned by the photo of a little girl in what looked like an attempt at Tudor costume and the words ‘I have no idea who this little girl is but she is adorable.  Little kids in this era were adorable and vulnerable too ..just like modern children..lets keep that in mind’.  This should have alerted me to the fact the writer was a writer of rubbish.  Nevertheless I cracked on.  As it transpired the article has more holes in it than a hairnet…and worse was to come.

John Howard, having been cheated out of his inheritance, which ‘seems to have stuck in his craw’ then went on to become ‘one of the first men to help the new king’s uncle usurp his throne and become King Richard III’.  When I challenged the word ‘usurp’ I received the reply of a emoji rolling on the floor laughing.  It  then became clear to me the quality of the author’s debating powers were going to be found somewhat lacking.  But casting that aside for the moment lets look at the word ‘usurp‘ as used by the author to describe the actions of Richard.  The late historian John Ashdown-Hill addressed this point very well.  “Definitions of the verb ‘usurp’ include include terms as to seize power by force and without legal authority…Richard III did not gain the throne by fighting a battle nor did he seize the crown.  He was offered the crown by the Three Estates of the Realm.  Later the decision of the Three Estates of the Realm was formally enacted by the Parliament of 1484′ (1) . Thus to describe Richard as a usurper is incorrect and a nonsense.”

Not content with calling Richard a usurper,  John Howard, later Duke of Norfolk is next in line to be  maligned by the statement regarding Anne Mowbray, (the 4 year old heiress of John Mowbray who died just before her ninth birthday)  ‘All that John Howard could do was wait and hope something happened to Anne…’!  This is quite an offensive thing to say as well as ludicrous as no source has come down to us informing us of Howard’s personal thoughts on this matter and which I very much doubt would have been ‘hoping’ for the death of a small child. Incidentally, he was raised to the Duchy of Norfolk whilst the “Princes”, including the previous in suo jure Duke, were known to be alive – see p.78 and pp.117-124 of The Mythology of the “Princes in the Tower”, also by Ashdown-Hill.
Howard later went on to fight and lay down his life for his king aged 60 years old.  This colossus of a man could easily have wormed his way out of fighting, as others did, with his age as an excuse.  He did no such thing and its a great pity that we have modern day pip-squeaks having the brass neck to  disparage such a man.  The author needs to hang their head with shame but I doubt if that will happen any time soon.

As we go on we see Lady Eleanor Butler nee Talbot – a lady of the nobility and daughter to the great John Talbot lst Earl of Shrewsbury a, sister to the Duchess of Norfolk and a lady known for her piety – described as one of King Edward’s ‘side pieces’…(I know,  I know..my guess is this is a stab at  ‘bit on the side’ but your guess is as good as mine).  She was in actual fact no such thing,  being the legal wife of Edward who married her in order to get her into bed.   Surely Eleanor deserves more respect than this….as I said pip-squeaks and all.

The writer then follows up with a message touching on the execution of Lord Hastings to prove her point that Richard was a Bad Man.   I say ‘touching’ in a very loose way as she makes no attempt to explore,  let alone mention,   what reasons were behind the execution only pointing out, unnecessarily,   that Hastings  was executed ‘even though he was one of the most richest and powerful men in the country’..what has this got to do with it?   Furthermore…’Richard had him dragged out and beheaded on a log’. Presumably Dickens, who was unborn, or More, aged five at the time, cannot be taken seriously as eye-witnesses?  Is it not about time this myth was debunked?  Three accounts survive of the dramatic events at the meeting at the Tower that day – those from  Historical Notes of a London Citizen 1483/84, Mancini and Croyland (2) – none of which mention the infamous log.

 

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A log, something that Lord Hastings was NOT beheaded on…

Hastings was probably, as Carson points out, executed under the Law of Arms (3), having tried to eliminate the Dukes of Gloucester and Buckingham and been judged by the Constable’s Court, Gloucester being Lord High Constable at the time. In much the same way, Rivers, Vaughan and Grey were judged by the Earl of Northumberland, the designated Vice-Constable.

 

  1. The Mythology of Richard III chapter 6 p74 John Ashdown-Hill.
  2. Historical Notes of a London Citizen 1483/8, English Historical Review, Vol. 96. p588 Richard Firth Green,   Mancini p.89, Croyland  p.479-80.  I am indebted to Peter Hammond and Anne Sutton for their very useful book, Richard III The Road to Bosworth Field, a complete and handy reference to all the primary sources covering Richard’s reign.
  3. The Maligned King p.98, but Carson’s other book illustrates the powers of the Constable and Protector and the documents assigning the role to Gloucester.

Thomas Stanley, or, the man with the evil beard….

Thomas Stanley

For anyone interested in knowing what made slippery Lord Stanley tick, here is an excellent evaluation, save that Sir William was executed for refusing to oppose “Perkin”, not for supporting him. The man was a born opportunist and survivor. Full stop. Oh, and he had an evil beard!

 

Richard III and Robert Cecil (Part II)

In a previous post, we explored the theory that Shakespeare’s Richard III was actually based on the Elizabethan politician, Robert Cecil.

Picture of Robert Cecil

Here is another discussion of the subject, Richard III and Robert Cecil, with references to the hypothesis that Shakespeare was actually the 17th Earl of Oxford, a descendant of the previous Earls of Oxford who were such thorns in the side of the Yorkist kings and one of whom was a major factor in Richard’s defeat at Bosworth. If this is true, it is no wonder that ‘Shakespeare’ was happy to blacken Richard’s name.

There are a few misconceptions in the linked article, notably the assertion that Richard executed the 12th Earl and his oldest son; since Richard was only nine years of age on the date Oxford was executed (26th February 1462) this is obviously erroneous and it was, in fact, John Tiptoft who would have presided over Oxford’s execution, being Constable of England at that time (a position he occupied until 1469).

Such distortions of age and timing also occur in Shakespeare, of course, placing Richard at the first battle of St Alban’s, when he would only have been two and a half years old! In fact, he took part in neither of the St Alban’ s battles.

Also, the article states that the most recent attempt to refute the Shakespearean portrayal of Richard’s character was Josephine Tey’s ‘Daughter of Time’. Although this is probably the most famous such work there have, in fact, been countless more recent ones attempting the same thing, such as ‘The Sunne in Splendour’ by Sharon K Penman, ‘We Speak No Treason’ by Rosemary Hawley Jarman, ‘I, Richard Plantagenet’ by J P Reedman and my own ‘Richard Liveth Yet’.

LORD OF THE NORTH

Richard duke of Gloucester: courage, loyalty, lordship and law[1]

 

“ Men and kings must be judged in the testing moments of their lives Courage is rightly esteemed the first of human qualities because, as has been said, it is the quality that guarantees all others.”

(Winston Churchill 1931)

 

Introduction

I do not suppose there are many men who in their heart-of-hearts would not rather be thought of as brave than by any other virtue ascribed to them. For medieval kings courage was not simply a virtue, it was the virtue: the physical courage to defend their throne was a prerequisite for a successful king, though not necessarily for a good one. As Field Marshall Lord Slim was apt to point out to young officer cadets at RMA Sandhurst, “It is possible to be both brave and bad, however, you can’t be good without being brave”. Slim was making the point that it needed more than battlefield courage to be a good man. Physical courage is important, especially to kings and soldiers, but it doesn’t guarantee a ‘good man’; to be a good man, one also needs moral courage. It was the possession of physical and moral courage, which Churchill believed guaranteed all the other human virtues.

 

King Richard III was a courageous soldier; even his enemies acknowledge that. However, the question is: was he also good man? Broadly speaking, the judgement of history is that he was at best deeply disturbed and at worst malevolent. It is a judgement based largely on the heinous crimes he is supposed to have committed during a six months period in 1483: the usurpation of the throne and the murders of king Edward’s male heirs. Although Richard is said to have committed or been complicit in many other serious crimes, I think it is fair to say that most historians accept that those allegations are not proven, and in one particular case (the death of Henry VI) it may have been more a question of raison d’état.

 

The trouble with this historical judgement is that it contradicts what Richard’s contemporaries said about him in 1483. Dominic Mancini an Italian priest visiting London during 1482/83 recorded what he was told about Richard duke of Gloucester. He is referring to the period after the duke of Clarence’s execution: “…he (Richard) came very rarely to court. He kept himself within his own lands and set out to acquire the loyalty of his people through favours and justice. The good reputation of his private life and public activities powerfully attracted the esteem of strangers. Such was his renown in warfare that whenever a difficult and dangerous policy had to be undertaken, it would be entrusted to his discretion and generalship. By these arts Richard acquired the favour of the people and avoided the jealousy of the queen from whom he lived far apart.[2]

 

Mancini’s testimonial also highlights the incongruity of Richard’s supposed crimes. The contrast between his blameless contemporary reputation and his purported crimes (particularly those after April 1483) perplexes historians; it is a dichotomy they struggle to explain.[3] Most of his critics rationalize it with a good dose of twentieth century cynicism: his good works are disingenuous and his mistakes are evidence of bad character. It is a constant theme of his harshest biographers that his ‘loyalty’ to Edward was feigned; that he was in reality a wicked and ruthless opportunist who was motivated by avarice and ambition. When the chance came, he used his great power — which he had either tricked or bullied from Edward — to usurp the throne and destroy the Yorkist line. It was the Yorkist doom that Edward whether purposely or inadvertently made his brother the most dangerous and the ‘mightiest of over-mighty subjects’.[4] This is, I believe a false and misleading argument, since it rests entirely on their interpretation of chronicles and later Tudor histories that are themselves controversial and of little probative value, being neither contemporary nor impartial. Furthermore, Anne Sutton makes a compelling case for the morality, if not the purity, of Gloucester’s motives, which stands against this modern cynicism.[5] Richard was an extra ordinarily complex human being. We know now that he faced some challenging physical problems and possibly some equally challenging psychological issues.[6] Furthermore, he lived in uncertain times. The circumstances under which he served the king were complex as were the difficulties he had to overcome. Problems of historical interpretation most frequently arise from misguided attempts to simplify his story by overemphasising some facets at the expense of others.[7] It is a defect in Ricardian historiography that cannot be corrected in this article; however, I hope to at least draw attention to the problem as I see it.

 

Inevitably, Richard duke of Gloucester’ was not universally popular: how could he be? His ‘dramatic intrusion into northern society’,[8] coupled with a monopoly of the public offices and the lion’s share of the Neville estates, was bound to ruffle the feathers of those northern magnates and prelates who resented the fact that the king’s largess had not fallen to them, and whose authority and independence were undermined by the presence of an assertive royal duke in northern society. Henry Percy earl of Northumberland, Thomas Lord Stanley and Laurence Booth bishop of Durham disliked him, to name but three: doubtless there were others. Neither do I ignore the possibility that Gloucester possessed human failings typical of active young men throughout the ages; he might have been a little headstrong and impetuous; he was probably also ambitious and possibly even acquisitive. However, these characteristics were no more nor less present in the duke than in any other fifteenth century magnate: certainly not any more than in Henry Percy or the Stanley brothers or any of the Woodvilles, or Margaret Beaufort, John Morton and Henry Tudor; nor indeed was he any more ambitious than any professional historian who aims to do well in his or her chosen discipline. Impetuosity and ambition are not crimes, nor is acquisitiveness. But if he was truly wicked and ruthless and cruel, then nobody who knew him said so at the time. There is a clear distinction to be made between the provenances and the probity of these opposite views of Richard’s character, which affect the weight we should give to each when making a judgement. The favourable opinions were almost all written during his lifetime by northerners who knew him. The unfavourable ones were almost all written after his death by southerners who did not know him personally. Horace Walpole identified the basic problem nearly three hundred years after Richard’s death: “Though he may well have been execrable, as we are told he was, we have little or no reason to suppose he was.[9]

 

It is a matter of historical record that, apart from the last two years, when he was king, Richard duke of Gloucester spent his entire adult life in the king’s service as ‘Lord of the North’. Quite what this meant for him and why it happened are less well appreciated. The term ‘Lord of the North’ embraced not only the duke’s inherited lands in the north and his associated responsibilities as a royal duke and a great magnate, but also a number of official offices held by him concurrently from 1469 until his own coronation in 1483. He was the Lord High Constable of England (1469), Warden of the West March ‘towards Scotland’ (1470), Chief Steward of the Duchy of Lancaster (1471) Keeper of the Forests Beyond Trent and Steward of Ripon (1472) Sheriff of Cumberland (1475) and finally the King’s Lieutenant General of the North (1480 and 1482).[10] The consolidation of Gloucester’s inherited and appointed power was not gratuitous royal patronage. His promotions were acts of calculated policy by Edward. Having twice experienced the threat posed to the crown by the Scots and by his own ‘over mighty subjects’ in the north, Edward determined neutralize those threats by maintaining a truce with James III, and by securing the loyalty of his northern subjects. He wanted Gloucester to lead that vital task for the crown. It was no sinecure but a dirty, difficult and dangerous job, and his responsibility was great, since he was to be Edward’s mainstay in northern England.[11] Gloucester was the ideal man to implement that policy: he was brave, able and devotedly loyalty to Edward. Neither should it be forgotten that if Gloucester succeeded in stabilising the north, it would enable Edward to pursue his regal ambition in France. It is also worth noting, even at this stage, that Gloucester performed his duties so well that he set the standard of excellence for the governance of the north well into the sixteenth century.[12]

 

For all that, we should not exaggerate the scope of his powers or the impact of his achievements. First and foremost, he was only the instrument of his brother’s will. He could not make policy: Edward did that. Furthermore, his powers were constrained by feudal laws, liberties and customs. As a March Warden his military authority was limited to the West March. He did, however, have judicial powers in the West March and in his lands elsewhere by virtue of the king’s special commission as Justice of the Peace ‘es parties des north’. As Dr Rachel Reid points out, although the wardship of the West March was a necessary adjunct to the government of the north, ‘the sign and seal’ of Gloucester’s authority so to speak, and although his commission as a JP empowered him to act in civil and criminal matters, his greatest strength was the authority, power and influence he derived from being the greatest magnate in the region.[13] Gloucester’s estates and official offices gave him unparalleled influence and authority in the north, with the exception of those feudalities wherein the earl of Northumberland was lord; that is to say, in Northumberland and the East Riding of Yorkshire[14]

 

The northern ‘problem’ in retrospect

In the fifteenth century, the northern most counties of Westmorland, Northumberland, Cumberland, and Yorkshire were important because of their proximity to the Scottish frontier. Anglo-Scottish relations were characterised by invasions and raiding, which had affected both populations for centuries. Cross border reiving and lawlessness was deeply ingrained into the English and Scottish border culture. The society was insular and feudalistic in nature and the hatred between English and Scot was mutual. Important though the Scottish problem was, the troubles in the north went deeper. Fifty-one years after Richard III’s death, Robert Aske summed them up to leading Yorkshire denizens at Pontefract “ The profits of the abbeys suppressed, tenths and first fruits, went out of those (northern) parts. By occasion whereof, within short space of years, there should be no money or treasure in those parts, neither the tenant to have pay his rent to the lord, nor the lord to have money to do the king service withal, for so much of those parts was neither the presence of his grace, execution of his laws, not yet but little recourse of merchandise, so that of necessity the said county should either make terms with the Scots, or of very poverty make commotions or rebellions.”

 

The chief problems identified by Aske of remoteness, poverty and lawlessness were present in the fifteenth century and not just in the North. Wales, the West Country and East Anglia were also remote and lawless, and possibly some were poor. However, none of them formed the frontier to a hostile and aggressive foreign kingdom. It was this that made the northernmost counties uniquely important to the security of the realm. That said, not everybody had to sleep with their weapon to hand for fear of Scottish reiving. For instance, Yorkshire was set back from the border counties, ‘If the Scots crossed the Tees it was not a raid but an invasion’ wrote FW Brooks more than half a century ago. [15] Yorkshire’s importance was that it was the largest and most populace county north of the Trent and it was a base for operations against marauding Scots. This was especially true of York, which during the reigns of the first three Edwards served as the royal capital for a time. The fourteenth century division of the border region into West, Middle and Eastern Marches under the control of the two most powerful Northern families (the Nevilles and the Percies) was seen as the solution to the governance problem. The alternative was for the king to keep a standing army on the border, which for financial and military reasons was impracticable.

 

The joint powers given to the Neville and Percy families proved ultimately not to be the complete solution. By the fifteenth century the north was practically ungovernable from London. This was due in part to the deficiencies highlighted by Aske and especially to the ‘absence of the king’s presence (he means royal authority) and his justice in the north’. But that was not the only problem; the feudal nature of border society contributed to the  troubles of  a region that was sparsely populated and economically poor.[16] The trouble with the fourteenth century solution was not so much in the idea as in its execution. The belief that the two most powerful northern magnates could cooperate to ensure the peace and security of the north was naïve to say the least. Good governance foundered on their feuding during peace and their fighting during the Wars of the Roses. Northern gentry of the second and third rank regarded the wars between York and Lancaster as an extension of the Neville-Percy feud. They supported one side or the other based on ancient feudal loyalties, or an assessment of their own self-interest. Their prime loyalty was not to a distant king but to their feudal overlord, or to some other overlord, who best served their interest.[17]

 

Percy power was destroyed at Towton on Palm Sunday 1461. Despite the heavy losses inflicted on the Lancastrians it was not a complete Yorkist victory. The former king, Henry VI, his wife Margaret of Anjou, their young son Edward and a few of their adherents escaped to Scotland where James III gave them refuge and from whence they continued to oppose Edward IV[18]. Meanwhile, Richard Neville earl of Warwick and his brother John Lord Montagu continued to campaign against Lancastrian dissidents so as to secure Edward’s grip on the throne but mostly to cement their own grip on the north. In 1464, a force of ‘loyal northerners’ led by Montagu destroyed the Lancastrian cause at the battles Hedgeley Moor and Hexham. However, as Keith Dockray astutely points out, the ‘loyal northern retinues’ used by John Neville to defeat the Lancastrians were, in point of fact, loyal to the Neville family and not necessarily to the king. They demonstrated this in 1470 when they followed Warwick en block to the Lancastrian side during the Neville inspired rebellion of 1469-70, which started in the north.

 

‘He set out to acquire the loyalty of his people by favours and justice’

It is against that background that I now turn to consider Gloucester performance in the north in the context of the three virtues touched on by Mancini: loyalty, good lordship and justice.  I have added courage to these virtues on the basis that without courage, Gloucester was unlikely to have shown those other virtues .

 

Loyaulté me lie

Mancini’s reference to loyalty is interesting since it is a quality of particular importance to Gloucester. His personal motto was ‘loyaulté me lie’ (loyalty binds me) and it was the creed by which he lived. Mancini is, of course, referring to loyalty in its normal sense of ‘keeping faith’; however, Anne Sutton speculates that it was a word that might possibly have had other, additional, shades of meaning for Gloucester: legality, uprightness, obedience to the law and, maybe, justice. Dr Sutton’s speculation is based on the premise that Gloucester might have been familiar with ‘Piers Ploughman’, a work by William Langland in which loyalty carries those several meanings.[20] It is possible that Gloucester’s motto was subtler than we think, since the nuances of meaning found in ‘Piers Ploughman’ are all consistent with what we know of his character.

 

Whatever Gloucester may have meant by his mottos, it is clear from the contemporaneous records that he laboured hard to safeguard the interests and liberties of ‘his people’. [21] One historian writing in the twentieth century summarised his accomplishments as follows: “ Richard of Gloucester not only restored peace and stability to the north after the upheavals of the 1450s and 1460s but also provided sound government and administration. Frequently working in tandem with Henry Percy earl of Northumberland, he vigorously promoted the cause of impartial justice, whether by enforcing legislation more effectively than hitherto or arbitrating in private disputes[22]; his household council can evidently be regarded as a precursor of the Council of the North; the city of York certainly recognized the value of the duke’s good lordship and support;[23] and Dominic Mancini’s informants clearly left him to believe that Richard had deliberately ’set out to acquire the loyalty of his people through favours and justice.” [24]

 

‘A right high and mighty prince and full tender and special good lord’[25]

The York Municipal and City Records add substance to the view that the duke of Gloucester was a good friend to York and to other towns in the north. There are many examples of his integrity on the record. They demonstrate his personal interest in local affairs and his integrity in using his influence in a private capacity for the common weal. He settled many disputes between the city council and their fellow citizens, between the city council and neighbouring landowners, between citizens, and between towns, all of which were referred to him for advice, assistance or resolution.[26] I have chosen three representative examples:

  • In 1478 he arbitrated a dispute between Roland Place and Richard Clervaux over hunting rights. Neither Place nor Clervaux was a retainer of the duke, but they lived on his estates in the North Riding. Professor Pollard has helpfully reproduced the arbitration agreement written in English under Gloucester’s name and titles. Pollard notes as an afterthought that the ancestors of Place and Clervaux continued to observe a clause concerning the seating arrangements in the parish church, well into the twentieth century.[27] Gloucester obviously took great care over a dispute that some  might  consider trivial. The rights and privileges of each party are defined in minute detail in the agreement, which was probably drafted by  one of Gloucester’s lawyers, since the language is repetitious and typical of legal documents.
  • At the request of the York City Council, Gloucester took steps to have fishgarths throughout Yorkshire inspected to guard against poaching and to protect the regional economy. It was not a petty matter, since the high prices paid for Pike and other fresh water fish provided a significant income for the fishermen and the city.[28] The erection of fishgarths in Yorkshire was regulated by legislation intended to prevent illegal fishing. The City Council spent much time and money trying to eradicate the problem and they were very grateful to their ‘good lord’, the duke of Gloucester for his interest and efforts to stop the criminality. Nonetheless, it was a perennial problem, which was still being recorded in the council minutes in 1484.
  • He mediated in ‘a serious dispute over the result of the York mayoral election of 1482’.[29] There were two candidates for election: Richard Yorke and Thomas Wrangwyshe. York was elected but Wrangwyshe’s supporters would not accept the vote. The argument assumed ‘alarming proportions’ when the city magistrates sent the certification of Yorke’s election to the king.  When  the king heard of the dispute, he stopped the certification process and ordered the pervious  mayor to continue in office pro tem, whilst the election was investigated. The city magistrates turned to the duke of Gloucester for help; he acted so swiftly that within two weeks he had secured the kings approval to confirm York as the mayor. The interesting point is that Wrangwyshe was considered to be the best soldier in York and stood high in the duke’s estimation, being one of his comrades in arms. Nonetheless, Gloucester upheld the honour and dignity of the city magistrates by supporting what he considered to be their just case against his friend[30].

 

 

‘Good and indifferent justice for all’

For all his good works at a local level, it was in his capacity as the leading magnate in the north that he did his greatest and most enduring service for the north. Although the King’s Council in the North was not officially born until late July 1484, it was conceived from Gloucester personal household council during his tenure as Lord of the North. To understand how and why this came about it is necessary to explain, as briefly as possible, the dysfunctional nature of English justice at the time.

 

The problems for those living north of the Trent were as stated by Aske: ‘the absence of royal authority and of royal justice’. The Assize Judges sat not more than once a year; and anyhow, could only act on a formal indictment, which juries habitually refused to present. The breakdown of the judicial system made enforcement difficult and the work of the sheriff and bailiffs became very hard. Although there were some good judges, many were corrupt and in the pay of great lords. These judges gave judgement as directed by their patrons.  Also, juries were  easily corrupted by fear and favour. “ It was…” writes Dr Reid “…the hardest thing in the world to get a judgement against a great lord or any man well kinned (sic) and allied.[31] JP’s could try cases and punish crime at the Quarter Sessions without the need for an indictment, but the reality was that no ordinary court could cure this widespread and systemic breakdown  of  royal  justice.  Previously, the King’s Council had filled gaps by exercising  its  extraordinary civil and criminal jurisdictions through writs of oyer and terminer, to ‘hear and determine’ all trespasses and breaches of the peace, and all causes between party and party’. However, this usually meant the parties going to London, which was expensive and time-consuming. This defect could easily have been remedied by establishing district courts with the same jurisdiction as the King’s Council. However, for some reason, it was a reform that three Lancastrian kings never even considered.

 

But it was in the realm of civil party and party litigation that the want of justice was felt most acutely. Dr Reid argues that the common law “…had hardened in the hands of professional lawyers into a premature fixity and precision and had become incapable of devising rules to govern the transactions of a changing society”; whereby, ‘the poor were placed at the mercy of the rich’. [32] Furthermore, the common law courts were neither sufficient nor competent to protect peoples’ civil rights, which were recognised by law even in the fifteenth century. The development of the Chancery Court and the courts of equity eased the situation for those who could afford to litigate but did not help the bulk of the population and certainly not those residing north of the Trent. The common law lent itself to abuse by the litigious and the malicious. Consequently, there was hardly a transaction of life that could not be litigated. The delays, the cost and the insularism of the courts denied justice to many people. In the absence of the king’s justice, therefore, the household councils of the great lords became progressively the de facto courts for resolving local disputes.

 

These feudal courts had survived longer in the north due partly to its remoteness but also because they filled the vacuum left by the absence of royal justice. They were able to try a range of cases covering personal actions, contractual disputes, trespass, libel, slander, assault, breach of warranty of title and some defamation cases. Moreover, there was no restriction on them determining cases for which the king’s law had no remedy and even if there was a remedy, these seigneurial court could do justice between the parties by consent. For example, by ordering the specific performance of a contract entered into or by protecting a tenant from unlawful eviction. By the fifteenth century, seigneurial courts were, as a matter of course, also hearing complaints against court officials, appeals against judgement, applications for pardon or respite, bills against fellow tenants, and quarrels between tenants and retainers. Useful though they were in providing rough and ready justice, feudal courts had their drawbacks. First, their jurisdiction was limited to the lord’s domain. A lord might arbitrate between his tenants and retainers but it was quite impossible to interfere between a landlord and his tenant no matter how tyrannical the landlord was, unless he was in some way ‘tied’ to the lord. Second, they could not escape the censure  of the king’s  justices, who said that they ‘sacrificed law and justice for interest and favour.’[33] There is probably some truth in this accusation since the importance of patronage in local society was such that it encouraged the preference of personal interest over the law. The problem was exacerbated by the fact that an appeal to the king’s courts was usually beyond the means of most litigants.

 

Of all the baronial councils offering seigneurial justice, Gloucester’s was the most important.  The records show that the governors of York and Beverley and other towns in Yorkshire were encouraged to turn to it whenever they were in difficulty. This was not simply because he was the greatest magnate but also because his council was the most efficient and impartial. It was constituted from the men of his household council who usually met at Middleham Castle in Wensleydale (which, by the way, he insisted on calling his ‘home’). Their primary function was to help the duke administer his vast estates. However, as we have seen the council quickly assumed a very important judicial role as a seigneurial court of requests. Among Gloucester’s permanent councillors were Lord Scrope of Bolton, Baron Greystoke (Scrope and Greystoke were related to the duke by marriage), Sir Francis Lovell his closest friend and comrade in arms, Sir James Harrington, Sir William Parre, Sir Richard Nele, Richard Pygott and Miles Metcalfe. Nele was a King’s Justice of Assize and Metcalfe was the Recorder of York; Parre and Pygott were both practising lawyers ‘learned in the law’. Ad hoc Councillors called occasionally by Gloucester  included Sir James Tyrell (a man of action, used for ‘bold affairs’), Sir Ralph Assheton and (probably) Richard Ratcliffe. The secretary to the Council was John Kendall, son of a loyal servant to the house of York. It was on any view a powerful bench of judges and ‘shrewd men of affairs’. Having said all of that, we must be careful not to overestimate the extent of Gloucester’s achievements. He could neither reform the law to make it more just, nor improve its administration to make justice more accessible. He was unable to alleviate poverty. He was not a liberal reformer and he lived a privileged life that few northerners could even imagine, much less share. And yet he did a wonderful thing; without the need for bloody revolution he made justice more accessible by offering, on a case-by-case basis, “…good and indifferent (that is impartial) justice to all who sought it.“[34]

 

Gloucester demonstrated through his council that he was prepared to remedy an injustice even if he did not have the authority accorded by a strict interpretation of the law; moreover, he was prepared to use his power to enforce a just settlement. The best example of this is his council’s support for custom tenants against bad landlords. In the time of the Lancastrian kings, the judges held that tenants faced with extortionate fines and illegal eviction had no other remedy but to sue the landlord by petition. [35] The common law courts were too rigid and their officials too easily intimidated to be of help. Nevertheless, in 1482, Chief Justice Sir Thomas Brian declared “that his opinion hath always been and shall ever be, that if such a tenant by custom paying his services be ejected by the lord he shall have action of trespass against him’. Brian CJ may, of course, have been expressing his personal view of the correct law as he saw it, which was in contrast to the accepted legal doctrine and practice of the courts. However, there are grounds for thinking that he might equally have been articulating the practice of Gloucester’s household council, which was to treat an illegal eviction by a landlord as a simple trespass. Although we don’t have a written record of such cases, Littleton in his treatise ‘Tenures’ assures us that they did try them.[36] Frankly, it is inconceivable that the council did not hear many petitions and requests from destitute tenants for relief against tyrannical landlords. If they dealt with them in the same way as the ‘King’s Council in the North’ was subsequently to deal with them after 1484, they must have generally upheld the rights of the tenant who had paid his services against the unjust landlord. If so, “ It is easy to understand how Gloucester won the love of the common people beyond the Trent, which was to stand him in such good stead’[37]

 

Lord High Commissioner

In 1482, on the verge of the invasion of Scotland, Edward made a significant change to the governance of the North. He issued a commission of oyer and terminer to Gloucester and Northumberland as ‘Lord High Commissioners’, which effectively combined their household councils. The composition of the Commission is interesting since it included not only Gloucester and Northumberland but also some significant members of their respective councils augmented by two important judicial appointments. However, there is no gainsaying that the bulk of its membership came from men associated with Gloucester’s council. Sir John Scrope of Bolton, Baron Greystoke, Sir Francis Lovell, Sir Richard Nele, Sir William Parre, Sir James Harrington, Richard Pygott and Miles Metcalf were all either legal or lay members of Gloucester’s council; of the remainder, Sir Guy Fairfax (an Assize Judge on the Northern Circuit) and (possibly) John Catesby were associated with Northumberland. The relationship of Chief Justice Sir Thomas Brian and Sir Richard Clarke to either of the Lord High Commissioners is unclear. The significance of this change is that it turned the essentially private function of seigneurial courts into the king’s justice  in criminal and party and party litigation.

 

Officially, the commissioners were the king’s servants and in the absence of the duke and the earl who were off fighting the Scots, the remaining members  took steps to enforce  the kings justice.   Their success in repressing rioting that might otherwise lead to insurrection was such that it served to highlight the continuing and endemic lawlessness, which was partly due to a lack of royal authority and partly to the deficiencies in the law to which I have already referred. They also examined and arbitrated effectively in party and party disputes. This commission was valuable experience for the duke of Gloucester since it served as a model for his futuristic ‘King’s Council of the North’ and the basis upon which he reorganised the governance of the north once he became king. It is a fact that no permanent commission designed to keep the peace and provide party and party justice for northern England was set up during the reign of Edward IV and that “the credit for this most necessary reform belongs wholly to Richard III ”[38]

 

The King’s Council in the North

When Gloucester came to the throne in 1483 he had considerable practical experience of governing in the north and the provision of  justice for all; however, he did not begin immediately to formalise the work of his council. The reasons for this may seem obvious; he was busy dealing with the aftermath of Buckingham’s rebellion and ratifying his title in parliament. It is also possible that he intended to follow the precedent set by Edward IV in 1472 and set up his young son Edward Prince of Wales as the King’s Lieutenant in the North with a council to govern in his name.[39] If that was Richard’s hope, it was to be dashed. Edward Prince of Wales died in April 1484 “not far off Edward’s anniversary.” [40] It was a loss that shook king Richard as nothing else could and for a time he and Anne were almost out of their minds with grief.[41] However, Richard was king and duty-bound to turn his mind to affairs of state.

 

He decided to make some fundamental change to governance in the north. First, he separated Yorkshire administratively from the border Marches.  The earl of Northumberland was appointed as Warden in Chief of the Marches and granted several estates in Cumberland, which made him the  dominant border lord.  It was his reward for acquiescence in Richard’s accession. Next, Richard appointed John De La Pole, earl of Lincoln as the King’s Lieutenant (he had already been nominated as heir to the throne). [42]The king createdThe King’s  Council of the North from his former ducal  council and Lincoln was its first President.  Northumberland was appointed a member of the Council but was clearly subordinate to Lincoln (It was a downgrading that the proud Northumberland took hard, which may explain his treachery at Bosworth a year later.). To make these changes lawful, king Richard issued two permanent commissions: one authorising the Council to sit as Justices of the Peace, the other of oyer and terminer. With these in place, the council had full civil and criminal jurisdictions and was fit to dispense the king’s justice. Richard allocated an annual budget of 2000 marks for the maintenance of the Council, which was to be paid from the income of his northern estates.[43] The council chamber was moved from Middleham to Sandal and regulations drawn up for the council’s conduct, especially, its judicial function. In particular the regulations directed that the Council must sit at least four times a year. The preamble to these regulations captures Richard’s attitude to justice perfectly “…the Regulations as they are here called, proceed to give general directions that no member of the council, for favour, affection, hate, malice or meed (a bribe) do ne speak (sic) in the Council, otherwise than the King’s laws and good conscience shall require but shall be impartial in all things, and that if any matter comes before the Council in which one of its members is interested, that member shall retire.” [44] There is no need to discuss the detailed regulations since Richard’s respect for the law of the land is clear from the above quote.

 

It is helpful, however, to briefly mention one important case that came before the Council, which illustrates how Richard thought the legal process should work. In 1484 there was a riot in York that arose from the enclosure of some common land. Roger Layton and two other men ‘riotously destroyed the enclosure’. After some careful thought the Mayor and Council arrested and imprisoned the ringleaders, and sent their man to learn the king’s pleasure. The matter came before the king’s Secretary and Comptroller, Sir Robert Percy[45]; at the same time Lincoln, then at Sandal was informed. A week later Sir Robert arrived at York with a message from the king. The king was willing that the citizens should enjoy their common pasture; however, he reprimanded them for seeking to recover their rights by a riotous assembly, instead of putting their case to the Mayor and Council. If they failed to get justice there, they should have referred the matter to the King’s Council of the North. And if they failed to get lawful redress there they could lay the case before the king. This message was  a clear indication that the King’s Council in the North was to be a court of first instance. Matters were only laid before the King’s Council of State if the King’s Council of the North failed to do justice.  The Council remained throughout its existence, pretty much as it was in 1484 “ Neither its jurisdiction nor its procedures underwent any serious modification. Such changes as came, were just the changes of time.” [46]  In 1640, the Long Parliament abolished the King’s Council in the North.

 

Courage

This article is not really about Gloucester’s governance of the north, or the state of English justice in the second half of the fifteenth century; it is about moral courage. The type of courage described by General Sir Peter de la Billiére in his introduction to ‘The Anatomy of Courage’ by Charles Moran: “Moral courage is higher and rarer in quality than physical courage. It embraces all courage and physical courage flows from it…it is applicable to business, in law, within institutions such as schools and hospitals. It takes moral courage to stand up against a crowd, to assist a victim of bullying, or to reveal negligence where others would prefer it to remain hidden. Moral courage implies the belief that what you are doing or saying is right, and are willing to follow through your conviction regardless of personal popularity or favour: so easy to expound, so demanding to achieve. In my experience a person of high moral courage will seldom fail to demonstrate an equally distinguished level of physical courage”.

 

The reality is that Richard’s valour in battle, whilst admirable, is not enough to save him from the accusation that he was a bad man. To be given the benefit of the doubt, it is necessary to demonstrate his goodness, with examples of his moral courage and acts of kindness, justice and mercy. That is what I have tried to do in this essay. The examples of Richard’s governance to which I have referred, are merely illustrations of what I regard as his high moral courage. They demonstrate not merely his potential for goodness, but that those who lived under his governance for more than a decade thought he was a good lord.  It is not, of course, a defence against the accusations of, regicide, infanticide, incest and usurpation levelled against him; but then, it can be argued that  an active defence is hardly necessary anyway, since those accusations are only the result of  gossip, rumour and hearsay.

 

[1] I have taken the liberty of borrowing the idea for this title from the book ‘Richard III: loyalty, lordship and law’ (PW Hammond (Ed) (R3 and Yorkist History Trust i 1986). It is an excellent volume containing a number of erudite papers presented at a symposium to mark the quincentenary of king Richard III’s reign.

[2] CAJ Armstrong – The Usurpation of Richard the Third by Dominic Mancini (Oxford 1969 edition) p.65. There is a risk in inferring too much from a single source, especially as Mancini’s narrative is hearsay. Nevertheless, I am using it here for good reasons. First, Mancini provides a truly  contemporary assessment of Richard’s character (See Charles Ross–Richard III (Yale 1999 edition) p. Lvii, for an opinion on the importance of Mancini’s narrative.). Second, Mancini was no friend of Richard’s; he never met or even saw him. What he knew of Richard’s character he heard from others. Third, given Mancini’s animus towards Richard (He assumed that Richard aimed to seize the throne all along.), this unsolicited testimonial suggests there was truth in his good reputation. Finally, there is contemporary, and independent evidence that corroborates this passage.

[3] Ross (R3) pp. Lxvi and 64: professor Ross acknowledges the ‘extraordinary difficulties of the evidence’ (in deciding when and why Richard decided to assume the crown) and assures us that modern (20th century) historians ignore the Tudor tradition in favour of inferring Richard’s character and motives “ …from a close scrutiny of the events themselves without preconceptions.” He further argues that they have a more critical appreciation of the worth of the Tudor tradition, ” …and a certain unwillingness to throw the whole bodily out of the window, especially when it can be confirmed by contemporary evidence.” It is not clear quite how closely the events are scrutinised by modern historians given the ‘extraordinary difficulties of the evidence’ already alluded to. Furthermore, the near contemporary material cannot corroborate the Tudor tradition since they are one and the same thing. Corroboration means evidence independently confirmed by other witnesses. The so-called ‘Tudor tradition’ is no more that an uncritical résumé of the earlier post Richard material and repeats their mistakes.

[4] Ross (E4) pp.199-203; Ross (R3) p.26; Hicks pp.83-86; Anthony Pollard – Richard III and the Princes in the Tower (Bramley Books 1997 edition) pp.83-85; professor Hicks’ angst about Gloucester’s wickedness is so great that he couldn’t resist the following comment: “He was not a great soldier, general or chivalric hero, not a peacemaker, not even a northerner. The great estates he assembled, the north he united and the local tradition he fostered all resulted from a judicious mixture of violence, chicanery and self publicity” (p.85). Gloucester’s ‘dispute’ with Clarence over the Neville inheritance; his behaviour towards the dowager countess of Oxford whilst she was committed to his ‘keeping and rule’, his part in the trial and attainder  of Clarence and his preference for war against France are all cited as examples of his grasping, malicious  and violent  character. The trouble with this opinion is that its validity depends on accusations made after Bosworth by people with an axe to grind and at a time when it suited the Tudors to embroider his shortcomings for their own advantage. For a different opinion see Kendall pp.127-150. It is noteworthy that professor Kendall disregarded the Tudor myth, relying instead on contemporary source material to support his generally favourable interpretation of Gloucester’s behaviour as a duke.

[5] Anne F Sutton – A curious Searcher for our Weal Public: Richard III, piety, chivalry and the concept of the good prince’, published in ‘Richard III: loyalty, lordship and law’ pp.58-90. Ms Sutton’s essay provides an evidenced and balanced view of Richard as a good prince within the medieval context.

[6] Mark Lansdale and Julian Boon – Richard III: a psychological portrait (Ricardian Bulletin March 2013) pp.46-56. Professor Lansdale and Dr Boon offer a number of plausible hypotheses that might explain Richard’s behaviour. Although their professional opinions are necessarily speculative, they do not in my opinion go beyond what might be inferred from the available evidence.

[7] It is interesting (I put it no higher) to analyse the main biographies of Richard written in the last one hundred and fifty years. James Gairdner’s biography (1878) contains 332 pages, of which 52 relate to Richard’s life as duke of Gloucester; the remainder analyse Richard’s reign and the controversies surrounding it. Clement Markham wrote a biography (1898) in direct response to Gairdner’s work. Of its 327 pages, 42 deal with the period 1470-83. Paul Kendall’s biography (1955) is generally positive for Ricardians. Of its 393 pages (excluding appendices and notes), 152 are devoted to Richard as a duke, of those 49 are specifically about his time in the north. Charles Ross’ biography (1999) is — for the want of something better — considered to be the standard work on Richard’s life and reign. It contains 232 pages, of which 39 are devoted to Richard as a royal duke: including 20 pages as ‘Lord of the North’. Finally, Michael Hicks’ biography (2000 revised edition) analyses Richard’s actions in the context of a criminal trial in which Hicks’ prosecutes, defends, and is judge and jury. It contains 199 pages, the story of Richard’s life before April 1483 being compressed into 31 of them. My analysis is, of course, academic since it does no more than suggest that quantitatively, the first thirty years of Richard’s life get significantly less attention than the last two; it does not examine the reason for that. Nevertheless, it suggests to me that Ricardian studies may benefit from a new scholarly biography of Richard’s life and reign. Hopefully, it would be one that emulates in its breadth, thoroughness and objectivity Cora Scofield’s definitive account of Edward IV’s life and reign (including all that ‘merciless detail’ that professor Hicks found so tiresome), and Professor Ralph Griffiths’ equally comprehensive and objective biography of Henry VI. I live more in hope than expectation.

[8] Pollard (R3) p71-73

[9] Horace Walpole – Historic doubts on the life and reign of King Richard III (1768)

[10] Ross (R3) pp.24-26; Keith Dockray – Richard III: a source book (Sutton 1997) pp.32-33.

[11] Annette Carson – Richard duke of Gloucester as Lord Protector and High Constable of England (Imprimis Imprimatur 2015) pp. 23-26 and 61 contains a guide to the office of constable of England and Gloucester’s chivalric, martial and judicial powers. The duchy of Lancaster had held palatine status since 1351 and was independent of royal authority. Its lands in the north were vast and its power great; so much so that the Lancastrian kings retained the title of duke of Lancaster to themselves to prevent diminution of royal authority. On ascending the throne, Edward IV held the dukedom in abeyance but reserved to himself its authority, benefits and responsibilities. As Chief Steward of the duchy, Gloucester was the chairman of the council appointed by the king to administer the duchy territories.

[12] Paul Kendall – Richard III (George Allen & Unwin 1955) pp. 129,456 note 7 (citing Letters and papers of the reign of Henry VIII by JS Brewer, London 1864-76, 1, 2, pp.1054, 1260). Lord Dacre, Warden of the West March complained to Wolsey that he shouldn’t be expected to match the accomplishments of Richard duke of Gloucester. Predictably, he was told that he must provide the same standard of effective governance as the duke.

[13] Rachel Reid – The King’s Council in the North (Longman Green & Co 1921) p.27 et al

[14] Ross (E4) p.199; professor Ross argues that that it is not true that Northumberland was placed under Gloucester’s ‘supervisory authority’ as suggested by Cora Scofield and Paul Kendall. He relies on the indentures made between the duke and the earl in 1473 and 1474, which did indeed separate their authority. On his interpretation of those indentures any subordination was a private matter and not official, and the earl’s freedom of action was assured. Unfortunately, professor Ross (not for the first time) fails to read between the lines to understand what was really happening. There was indeed some early friction between the duke and the earl, arising from Northumberland’s resentment that Gloucester had inherited the Neville mantle and was an obvious threat to Percy hegemony and independence in the north. The indenture of 28 July 1474 (Dockray [sources] p. 34) was intended to calm the situation by confirming their relationship as being that of a ‘good lord’ and his ‘faithful servant’, which was the conventional arrangement, since a royal duke trumped a belted earl in status. However, the caveat inserted into the indenture that Gloucester would not to interfere with Northumberland’s duties as warden of the east and middle marches or poach his servants, was a sensible recognition of the feudal reality and a concession to the touchy earl (see Dockray [sources] p.35 for evidence of Northumberland’s touchiness). The Percy’s were notorious trimmers; they had fought against a Lancastrian king at the turn of the fifteenth century and for a Lancastrian king during the Wars of the Roses. Although their power was effectively destroyed at Towton, they played a major and distinctly treacherous part in the northern rebellions of the early 1460’s. Although, Edward never forgot their treachery, he needed Percy assistance during the 1470’s and was keen not to upset them: Gloucester obviously concurred. There can be little doubt that the indentures were a fiction to preserve Northumberland’s pride. In reality he had less influence in the north than Gloucester. Significantly, Edward was quick to clarify his brother’s supreme authority by appointing him the king’s Lieutenant General in the North when he decided to invade Scotland: not once but twice. By 1482 Gloucester was endowed with what amounted to quasi-royal authority to conduct the war (or peace) with Scotland.

[15] FW Brooks – The Council of the North (Historical Association 1953, revised edition 1966) p.6

[16] AJ Pollard – North, South and Richard III, published in ‘Richard III: crown and people (J Petre –Ed) (Richard III Society 1985) pp.350-51. Pollard refers to various local studies that show northern England to have been ‘economically backward’ at this time. Although the six counties of Westmorland, Cumberland, Northumberland, Durham, Lancashire and Yorkshire occupied about a quarter of England’s total area, they accounted for only 15% of the population (Pollard’s best guess).

[17] Brooks p.10

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

[19] Keith Dockray – Richard III and the Yorkshire Gentry 1471-85, published in Richard III: loyalty, lordship and law pp.38-57. Only the personal intervention of Henry Percy (heir to the earl of Northumberland killed at Towton) prevented the northerners from attacking Edward and his small entourage when they landed on the Yorkshire coast in 1471.

[20] Sutton (R3, piety etc.) p.62

[21] Robert Davies – Extracts from the Municipal Records of the City of York during the reigns of Edward IV, Edward V and Richard III (London, 1843); and the York Civic Records, supra; Chris Given-Wilson (Gen Ed) – The Parliamentary Rolls of Medieval England (Boydell Press 2005): Rosemary Horrox (Ed) Volume 14, pp. 412 & 425; Washington DC, Library of Congress, Thatcher 1004 (a letter from Gloucester to Sir Robert Claxton, 12 August 1480, which is reproduced in Pollard (R3) p.237) and Mancini supra

[22] Calendar Patent Rolls Edward IV, Edward V and Richard III -1476-85, p.339; T Stapleton (Ed) Plumpton Correspondence (Camden Soc 1839) pp.31-33 & 40 and A Raine (Ed) – York Civic Records (Yorkshire Archaeological Society Records Series 1939) Vol 1, PP.2-3.

[23] YCR pp.15-16, 51-52 & 54

[24] Dockray (R3 sources) pp. 30, 34-37

[25] Davies p.89; this is a quote from a letter from the York City Council to the duke of Gloucester.

[26] Reid p.58; Davies passim

[27] Pollard (R3) pp.231-32, and Appendix 1, pp.234-236. The original arbitration agreement is in North Riding County Record Office, Clervaux Cartulary, ZQH.

[28] Davies pp.80-95; the cost of Pike ranged from 10s.3d to 11s.3d ‘a piece’ old money, which equates to about 52-62p today.

[29] Kendall pp135-37; see also Davies pp140-41

[30] Dorothy Mitchell – Richard III and York (Silver Boar 1987) p.27; Alderman Thomas Wrangwyshe was a colourful character indeed. Aged about forty-five in 1482. He commanded a company of archers in Gloucester’s Scottish campaigns. In 1483 he personally led 300 men from York to be at the king’s side during Buckingham’s rebellion. He was a rough diamond, with a distinctly ‘Ricardian’ sense of justice. In one case in January 1485, when he was the Mayor, he sent a man to the gaol for being cruel to another man, who was, in the stocks. The sergeants were escorting the prisoner to the city gaol, when a ‘large group of his heavily armed friends’ tried to release him. Wrangwyshe, hearing the violent affray, stormed into the street and settled the fight with his fists; thereafter he grabbed the prisoner in ‘his strong hands’ and  dragged him off to the gaol. Wrangwyshe was a  formidable fighter in and out of the council chamber and seems to have won Gloucester’s friendship.

[31] Reid p.47

[32] Reid p.48

[33] Reid p.54

[34] Reid p.58: the sub-heading for this section is paraphrased from a sentence in Dr Reid’s work on the council of the north, which reads as follows “Richard did not reserve his favour for the victims of economic change. In his Council he offered good and indifferent justice to all who sought it, were they rich or poor, gentle or simple”.

[35] There was an upsurge in unfair fines and illegal evictions due to economic factors on the continent, which was driving-up the price of wool and hides (the North’s most marketable commodity). As a consequence, the value of pastureland increased. Tenants who held manor lands by feudal custom were liable to have their land enclosed by ruthless landlords intent on turning arable land or rough common land into valuable pasture.

[36] Reid pp. 57-58 citing Sir Thomas de Littleton- Tenures (published 1482) (1841 edition) Sec 77; Brian CJ’s dictum was incorporated into the 1530 edition of Littleton. Sir Thomas de Littleton (1407-1481) was an English judge and jurist. His treatise on ‘tenure’ was the standard legal textbook on the law of property until the nineteenth century.

[37] Reid, ibid

[38] Reid p.59

[39] Reid pp.59-61

[40] Nicholas Pronay and John Cox (Eds) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.171

[41] Pronay; ibid

[42] Rosemary Horrox and PW Hammond (Eds) – British Library Harleian Manuscript 433 (R3S 1982), Vol 3, pp. 107-08 [f264b]. The Commission creating the Council and appointing the earl of Lincoln as its first president is undated. However, Lincoln was at the time Richard’s heir and so the Commission must have been signed after the death of the Prince of Wales, probably around the 24 July 1484.

[43] Harleian MS433, Vol 3, pp. 114-117 [f 270]); see also Reid pp. 58-70 for a detailed appreciation of Richard’s regulations governing the council’s conduct.

[44] Harleian MS433, ibid; I think there may be  a double negative in Richard’s regulations.

[45] Mitchell p.30; Sir Robert Percy (not a member of the Northumberland Percies) was king Richard’s closest personal friend after Francis Lovell; the three had trained together at Middleham. Faithful to the end, he died fighting beside his king in the final charge at Bosworth. Percy’s son was attainted after the battle of Stoke in 1487.

[46] Reid p.62

More Lord Protectors and Defenders of the Realm

Many readers of Carson’s “Richard Duke of Gloucester as Lord Protector and High Constable of England” will be curious, given “Tudor” criticism of the Duke’s twin roles in 1483, of their practice in the next century, by comparison.

The occasion in question was, of course, the accession of Edward VI as the only surviving son of Henry VIII. It is well established that Edward IV had appointed Gloucester, Edward V’s paternal uncle just as the Dukes of Bedford and Gloucester had been to Henry VI, to the role of Constable in 1471 (Carson p.85) and of Protector by his codicil, which took effect in 1483, although the Woodville faction sought to prevent him from receiving the seals. The position of Lord High Constable effectively expired in 1521 when Edward Stafford, 3rd Duke of Buckingham, was attainted and executed, although one has subsequently been appointed solely to serve at each coronation.

Henry VIII’s will left no order regarding the Protectorship but on 1 February 1547, just four days after Henry’s death, appointed Edward Seymour, 1st Duke of Somerset, to this position. The new King, who was nine, had no paternal uncle and Somerset was his elder maternal uncle, Admiral Thomas Seymour being the younger. As we know, the Admiral was executed in 1549 and Somerset was removed at the same time. He was executed in 1552 along with Sir Michael Stanhope, who we now know to be an ancestor of the journalist Frank Gardner. John Dudley, Earl of Warwick and made Duke of Northumberland, succeeded Somerset but only as Leader of the Council and not Lord Protector.

So, just as we established yesterday (https://murreyandblue.wordpress.com/2015/10/14/fabricating-precontracts-richard-iii-vs-henry-viii/) with reference to pre-contracts, the “Tudor” regime criticised the conduct of Yorkist (and Lancastrian) Kings, but followed it almost exactly with reference to the appointment of a Lord Protector.

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