I’m beginning to convince myself that the Lambert Simnel Affair might have been an uprising in favour of Edward V, not Edward, Earl of Warwick….
I’m beginning to convince myself that the Lambert Simnel Affair might have been an uprising in favour of Edward V, not Edward, Earl of Warwick….
King’s College Chapel. Dr Argentine is buried in a chantry chapel on the south side close to the alter.
In Kings College Chapel, Cambridge, just south of the alter can be found the chantry chapel where Dr John Argentine, Provost of Kings College from 1501 until his death in February 1507/08, physician, astronomer and collector of books, lies buried. A fine memorial brass covering his tomb depicts Dr Argentine in his doctors robes.
Dr John Argentine’s funeral brass
Dr Argentine, who spelt his name variously as Argentem or Argentein (1) was born in Bottisham, Cambridgeshire 1443 into a family that were prominent supporters of the House of York and he is remembered mostly, thanks to Dominic Mancini, as being physician to Edward V, and, it could be assumed, also physician to Edward’s younger brother, Richard of Shrewsbury. Mancini described Dr Argentine as being among the last of those to visit Edward and Richard in the Tower of London before their mysterious disappearance around June/July 1483. Mancini who spoke little if any English, would no doubt have been mightily relieved to meet someone who having spent a long time in his homeland, could converse easily with him in either his native Italian or Latin.
Mancini is responsible for passing on the learned doctor’s recollections of those visits to the Tower i.e. that the young Edward ‘like a victim prepared for sacrifice sought remission of his sins by daily confession and penance’ (2) in the belief that death was staring him in the face. Alternatively Edward may have been merely suffering from low spirits and angst due to the fact that his imminent Coronation had been cancelled and the crown firmly removed from his grasp. Tellingly, Dr Argentine omitted any mention that Edward was suffering from a raging toothache which puts to bed any likelihood that the infamous urn in Westminster Abbey actually contains the bones of Edward and his brother, as the jaw bone of the oldest child shows clear signs of ‘a chronic and painful condition which led to deformities in the jaw bone … possibly either osteitis or osteomyelitis’ (3), a horrible disease which no-one would have failed to notice, especially his doctor but why let commonsense stand in the way of a good myth…, but I digress.
Dr Argentine, having served successfully under both Edward IV and Richard III went on to become physician and dean of the chapel to Henry VII’s son, Arthur, Prince of Wales and it is surely unfathomable that he was never asked, as far as we know, to examine that most convincing and troublesome of all the pretenders to the throne, Perkin Warbeck.
Arthur, Prince of Wales c1500
1) The Library of John Argentine, Transactions of the Cambridge Bibliographical Society Vo.2 (1956) pp 210-212. Dr Argentine wrote in his own hand in several of his books..’Questo libro e mio Zouan (Giovanni) Argentein’ ‘ Questo libro e mio Johan Argentem’.
2) The usurpation of Richard III Dominic Mancini C A J Armstong p.93
3) Richard III The Maligned King Annette Carson p.219
“ ‘Is there any other point to which you would wish to draw my attention?’
‘To the curious incident of the dog in the night time’
‘The dog did nothing in the night time’
‘That is the curious incident ‘ remarked Sherlock Holmes.”
By applying his reasoning to this simple observation, the world’s foremost consulting detective was able to solve the mysterious disappearance of Silver Blaze and identify John Straker’s killer. Holmes’ recognized that the key to solving the case was to understand why the guard dog did not bark during the theft of Colonel Ross’ prize racehorse. It is a useful reminder for me that the key to a mystery often lies in understanding the patterns of behaviour of those involved: their actions and their inaction. The late Dr Pamela Tudor-Craig adopted a similar approach to the central mystery of King Richard’s life and reign: the disappearance of the Princess in the Tower. In a short essay entitled ‘People About Richard III’, she highlights Richard’s relationship with those bishops who accepted his patronage and invites the question, which is not altogether rhetorical, why did these holy men accept preferment at Richard’s hand if he was the monster of Tudor tradition? 
These bishops will be familiar names to students of the Wars of the Roses and especially to Ricardians: John Russell Bishop of Lincoln, Robert Stillington Bishop of Bath and Wells, Thomas Langton Bishop of St David’s and later of Salisbury and John Shirwood Bishop of Durham. All these clerics served previously under Lancastrian and Yorkist kings; none could be described as Richard’s friend, and all were men of great learning and piety. Russell was the Lord Chancellor from 1483 until 1485; Stillington was, for a time, Lord Chancellor to Edward IV. It was Stillington who is purported to have reported Edward IV’s earlier marriage to Eleanor Talbot (the ‘pre-contract’). Shirwood owed his bishopric to Richard’s preferment. He was an early English humanist, an avid collector of classic Greek and Roman literature and a protégé of George Neville. During Edward IV’s reign his loyalty was suspect. King Richard, who thought better of him, appointed Shirwood as envoy to the Vatican. Bishop Langton was also appointed at Richard’s behest. He was a borderer and accompanied Richard in his first royal progress, writing approvingly of him to the prior of Christ Church Canterbury. After Bosworth, Stillington was arrested for his part in Richard’s accession and then pardoned. Russell and Shirwood, however, continued in royal service; Russell, as a diplomat and Shirwood as envoy to the Vatican. Langton actually flourished under the first Tudor king, reaching the dizzy height of archbishop elect of Canterbury shortly before his death in 1500. Yet none of these men denounced Richard as a regicide or said anything about the disappearance of Edward IV’s sons, not even when it was a safe to accuse him of practically anything. Given the antipathy in the Tudor narrative towards the last Plantagenet, their silence is curious feature of the most famous of all English historical mysteries.
It is, of course, a moot point whether the bishops actually knew anything about what was happening to Edward’s sons in 1483. With the exception of Russell, none of them were at the centre of Richard’s government. Dr Tudor-Craig points to the chance that they might have known what was happening through a possible friendship between Shirwood and Dr John Argentine. It remains, however, no more than a possibility. The only known copy of Shirwood’s ‘Mathematical Game’ (no.106) is of particular relevance to this exhibition since it belonged to John Argentine, Edward V’s physician who gave such a foreboding report of his charge to Mancini. Argentine may well have been an Italian and he was an industrious collector of books. The strong possibility that he knew Shirwood during the summer of 1483 in London reduces the likelihood that these distinguished prelates could have accepted patronage at Richard III’s hand in ignorance of the true state of affairs. Either Argentine’s words as reported by Mancini were not meant to carry a sinister gloss, or the clerics had accommodating consciences.
Be that as it may, there was certainly one among them who was well placed to know the truth. It is likely that John Russell the Lord Chancellor was privy to Richard’s intention towards his nephews. Judging from the surviving signet and Chancery letters, their working relationship was close. Richard trusted Russell to deal with secret/confidential matters of great delicacy and moment, even those that occurred during his royal progress. Such trust is all the more remarkable since it appears that Russell was not, as some suppose, a trimmer or tame Ricardian but an outspoken critic of the petition presented to Parliament in 1484 setting out Richard’s royal title and also of Titulus Regius in the form it was enacted, and indeed, of the turbulence leading to Richard’s accession. It is not my intention to go into that issue now, since it is beyond my scope. I will confine myself to exploring Russell’s relationship with his king through three surviving letters from their correspondence. Obviously, the subject and the content of each letter is important because they each touch on events taking place between summer and autumn 1483, which is the critical period for analysing the disappearance of the two princes. All the same, they cannot be considered in a vacuum that ignores Russell’s constitutional position as Lord Chancellor and the evolving realpolitik of the times.
The Lord Chancellor
Professor Charles Ross describes the office of Lord Chancellor as ‘the most responsible clerical office in the gift of the crown’. His use of the adjective ‘clerical’ perhaps betrays his ignorance of its several meanings (‘learned pertaining to the clergy, or clerk pertaining to copying and general office work’) but more likely it reveals his unawareness of the constitutional importance of the Lord Chancellor. It was then, and remains, one of the great offices of state. Although Russell was indeed a cleric, his responsibilities were secular and serious; any implication that he was a glorified chief clerk is ludicrous. In the fifteenth century the Lord Chancellor was the nearest equivalent of a modern Prime Minister. He was a key official in the Royal Household the king’s principal advisor, and his formal link with parliament, and the machinery of government at Westminster. It was the Lord Chancellor who delivered the official sermon at the opening of parliament setting out the reason for its summons and the king’s plans. In addition, he had a judicial responsibility as the king’s liaison with the judiciary and presiding judge in the Chancery Court of England. It is true that Russell was a bureaucrat and not a politician; however, as an experienced, and talented administrator and lawyer he was eminently suitable for this office. His appointment had the unqualified approval of Sir Thomas More, probably the most famous Lord Chancellor of all, who described Russell as ‘ a wise man of much experience and one of the most learned men England had at this time’. Dominic Mancini writing at the end of 1483 concurred with More’s opinion; he described Russell as a man of ‘great learning and piety.’
‘The Chancellor is desperate and not content’
I need not describe the course of events between Edward IV’s untimely death in April 1483 and the bastardization of his heirs in June, since they are well known and, in any case, do not add to the substance of my argument. What matters from my perspective is Russell’s reaction to those events. For my purposes the narrative begins after lunch on Friday the 13 June 1483. William Lord Hastings had just been summarily executed on a convenient log for (it is alleged) plotting to kill the Lord Protector and Henry Stafford Duke of Buckingham, his henchman. The Archbishop of York (Thomas Rotherham), the Bishop Ely (John Morton) and assorted others have also been arrested. And there is panic on the streets of London. On the Monday following, the Queen was persuaded to allow her youngest son Richard the duke of York, the heir presumptive, to leave the sanctuary of Westminster Abbey to attend his brother’s coronation. That afternoon in council the coronation was postponed. The alarm of Londoners following these events is tangible and it seems from the evidence of two independent sources that the Chancellor John Russell was also deeply troubled by the turn of events.
The first source is an undated memorandum written by George Cely, an English wool merchant, which must have been written between the 13th and 25th of June 1483. It contains the key description of Russell’s mood: ‘There is great rumour in the realm. The Scots have done great [harm] in England, the Chamberlain is deceased in trouble, the Chancellor is desperate and not content, [my emphasis] the bishop of Ely is dead, if the king, God save his life were deceased, the duke of Gloucester were in any peril, if my lord prince, whom God defend were troubled, if my lord of Northumberland were dead or greatly troubled, if my Lord Howard were slain.
The other account is a letter written by Simon Stallworth (one of Russell’s secretaries) on the 21 June 1483 to Sir William Stonor. It is worth quoting in full. ‘Worshipful sir I commend me to you and for tidings I hold you happy that you are out of the press, for with us is much trouble and every man doubts [the] other. As on Friday last was the Chamberlain [Hastings] beheaded soon upon noon. On Monday last was at Westminster a great plenty of harnessed men, there was the deliverance of the Duke of York to my lord Cardinal, my Lord Chancellor and many other lords temporal and with him met my lord of Buckingham in the midst of the hall at Westminster…It is thought there shall be 20 thousand men of my Lord Protector and my lord Buckingham’s men in London this week to which intent I know not but to keep the peace. My lord [Russell] has much business and more than he is content with, if any other way would be taken [my emphasis]. The lord archbishop of York and the bishop of Ely are at the Tower with master Oliver King (I suppose they shall come out nevertheless). There are men in their places for safekeeping [guards?] And suppose that there shall be men of my Lord Protectors sent to his lordship’s place in the country. They are not like to come out of ward yet. As for Forster he is in hold for his mew for (to plead for?) his life. Mistress Shore is in prison. What shall happen here I know not. I pray you pardon me from writing I am so sick I may not well hold my pen…All the Lord Chamberlain’s men become my lord of Buckingham’s men.’ 
These strictly contemporary accounts do not support the conclusion that Gloucester’s actions marked the opening moves of usurpation. Even less do they justify Dr Alison Hanham’s (surprisingly defensive) proposition that ‘even the most committed Ricardian must agree that it was a time of alarms and uncertainties when the suspicions of Richard’s intentions previously disseminated by the Woodvilles must he seemed to many to receive confirmation.‘ The implication that Londoners feared Gloucester’s actions were the prelude to a coup d’état and the insinuation that Russell shared their anxiety is simply not true. There is no doubt that there was a great commotion in the capital over the weekend of the 14 and 15 of June and in the week that followed, with armed gangs on the street. However, Londoners in general did not see the threat as coming from Gloucester but from Woodville inspired conspirators. The Cely memorandum is explicit on this point. And there is nothing in Stallworth’s letter to gainsay the view that the public feared the ambition of the Queen and her Woodville kin whom they blamed for the unrest. Professor Michael Hicks — a renowned anti-Ricardian — also believes that the citizens did not at this time fear Gloucester’s motive; indeed, they supported his actions against the conspirators. Hicks rejects Mancini and the other vernacular chronicle accounts as hindsight, preferring to rely on the events that followed as a better guide to public opinion of Richard in May and June. It would seem that despite Professor Ross’ assertion that we only have Gloucester’s word for the Hastings conspiracy, people believed that he and the king were threatened in June 1483.
Russell was not a neutral observer of these events, he participated in them; to that extent he was partisan. He neither liked nor trusted the Woodvilles. He believed that if they were allowed to control the king it would result in civil war and disorder. Russell craved unity not division. All of this is clear from the sermon he drafted for Edward V’s abortive first parliament, in which he set out the Council’s plans for minority governance after Edward’s coronation. It was intended to continue the protectorship after the king’s coronation and exceptionally to invest Gloucester with regency powers. This would of course have been in accordance with the earlier view of the ‘more foresighted’ councillors that the King’s maternal uncles and stepbrothers should be ‘absolutely forbidden’ from having control of the monarch before he reached his majority. It would seem from Russell’s extant draft that having examined the Woodvilles suitability for government he found them wanting. He writes, for example, ‘Then if there be any certainty or firmness in this world, such as may be found in Heaven, it is rather in the islands and lands environed with water than in the sea or any great rivers (an allusion to Anthony Woodville, Earl Rivers)’. Further on we have this: ‘And therefore the noble persons of the world, which some for the merits of their ancestors, some for their own virtues being endowed with great honours and possessions, and riches may be conveniently resembled unto the firm ground that men see in Islands (an allusion to Gloucester and to England) than the lower people, which for the lack of such endowments, not possible to be shared among so many and therefore living by their casual labours be not without cause [compared] to the unstable and wavering running water: aque multe populus multus (a lot of water, a lot of people)’. Towards the conclusion, he extols the Lord Protector’s virtues; ‘…The necessary charges which in the kings tender age must needs be borne and supported by the right noble and famous prince the duke of Gloucester his uncle, protector of this realm. In whose great puissance, wisdom and fortunes rests at this season the execution of the defence of the realm as well against open enemies as against subtle and faint friends of the same.’ However, this sermon was never delivered due to the dramatic events that occurred between the 22 and 26 June. On Sunday the 22 June, Edward IV’s heirs were denounced as bastards. Three days later, Gloucester was offered the throne. The next day he was king. I now turn to the relevant correspondence.
A warrant to arrest persons unknown dated 29 July 1483
King Richard was crowned on the 6 July and left for his first royal progress on the 18 July. He dictated this intriguing letter, whilst sojourning for two or three days with his friend Francis Lovell: ‘ By the King RR. Right reverend father in God right trusty and wellbeloved; we greet you well. Whereas we understand that certain persons had of late taken upon themselves an enterprise — as we doubt not you have heard — and are in custody, we desire and will that you take our letters of commission to such persons as you and our council shall be advised, for to sit [in judgement] upon them and to proceed to the due execution of out laws on that behalf. Fail not hereof as our perfect trust is in you. Given under our signet at the manor of Minster Lovell the 29 July.’
This is not a routine letter. Judging by the last sentence, Richard is responding to what he believes is an emergency at Westminster. He does not name the conspirators or the nature of their offence because he assumes Russell knows what he means. The implication being, of course, that this matter was secret and the detail could not be committed to paper. It is for that reason that historical interest in the letter has largely concentrated on the search for answers to the inevitable ‘who’ ‘what’ and ‘why’ questions that arise. Important though those questions are, I need not answer them here, since others have already done so. It is useful, nonetheless, to outline the options considered.
Dr Tudor-Craig submits several possible motives for the letter. First, it might have related to an attempt to remove Edward’s daughters from sanctuary and take them overseas out of Richard’s reach. The Crowland Chronicle reports the rumour of such a plot, which caused the King to strengthen security around Westminster Abbey ‘so that the whole neighbourhood took on the appearance of a castle or fortress’. John Nesfield, who was captain in charge of the operation, ensured that no one could get in or out without his permission. Dr Tudor-Craig rejects that possibility, however, on the ground that ‘The tenor of the letter suggests that the criminals had accomplished their deed, even though they had been caught, and yet the princesses remained in sanctuary’. Alison Hanham challenges that proposition; she argues that they were arrested before the fact and not afterwards. Her point being that the word ‘had’ (as opposed to ‘have’) suggests that the plot had not come to fruition. If one accepts Dr Hanham’s construction of the letter it would seem reasonable to suppose that the plot to send the princesses overseas remains a possibility. However, such a plot hardly warrants a surreptitious letter of this kind since according to Crowland it was almost certainly common knowledge in London anyway. A similar point could be made in relation to Dr Tudor-Craig’s second possibility: that it concerned mistress ‘Jane’ Shore. I think we can safely dismiss this on the ground that there was nothing secret about her activities.
Dr Tudor Craig’s third and final possibility is that it relates to the disappearance of the two princes. Unfortunately, she does not look beyond the possibility that they were murdered. Such a plot would certainly require secrecy. The problem with this, however, is that Richard’s instructions to Russell to discuss the matter with the council and proceed according to the law are incompatible with secrecy. Dr Tudor-Craig recognized this problem but is nonetheless unable to disregard Thomas More’s assertion that the murder of the princes was ordered when Richard was at Gloucester, which he must have reached soon after this letter was written. Dr Tudor-Craig also sees significance in the parting of the ways between the King and Buckingham, which also occurred around this time and which she suggests might have been the result of a policy disagreement about what to do with ‘the certain persons who had taken upon themselves the fact of an enterprise’. If her hypothesis is right it certainly adds credence to More’s account and also to the fears expressed for Edward V’s life reported to Mancini before he returned to France.
Another possibility is that the letter referred to a plot to remove the boys from the Tower and to restore Edward V to the throne. The Crowland chronicler mentions such a plot, though his timing is problematic. We also have a reference in John Stow’s ‘Annals’ of some such plot involving members of Edward IV’s former household with Woodville support. ‘After this were taken for rebel against the king, Robert Russe sergeant of London, William Davy pardoner of Hounslow, John Smith groom of King Edward’s stirrup, and Stephen Ireland wardrober of the Tower, with many others, that they should have sent writings into the parts of Brittany to the earls of Richmond and of Pembroke and other lords; and how they were purposed to have set fire to divers parts of London, which fire whilst men had been staunching, they would have stolen out of the Tower the Prince Edward and his brother the Duke of York.’ 
Speculation that Lady Margaret Beaufort was involved in this conspiracy as the Woodville’s price for restoring Henry Tudor to his English dignitaries, is rejected by Professor Hicks on the ground that the link between the Beauforts, ‘the fact of a certain enterprise’ mentioned in the letter and the trial mentioned in Stowe is too tenuous to accept as evidence of the fact. Certainly corresponding with Richmond was not per se treasonable (at this stage) and it seems from Hicks’ researches that there is no record of a commission of oyer & terminer or a trial, or even an indictment against these men. He postulates that although such a plot probably existed at this time, we do not have details of it.
Fortunately, I need not choose between these theories, since I am only concerned with Russell’s state of knowledge. Ironically, if the letter does relate to the boys’ murders, its tone and content tend to absolve the King from complicity. His instruction to bring the matter before the council and to judgement according to the law is only explicable on the basis that he was innocent and had nothing to hide or fear from a public airing of the facts. In that eventuality, Richard’s guilty secret would not be secret for very long. Alternatively, if the letter refers to a plot to remove the princes from the Tower, then it can be seen as a standard response to a treasonous threat to the crown. Of course, if such a plot existed, it confounds the contemporary suspicion that Edward V was dead before Mancini left England and demolishes More’s account of events. Either way, this letter raises some important questions about the state of Chancellor Russell knowledge, since he can hardly have been ignorant of the true state of affairs concerning the well-being or the fates of Edward IV’s sons in July. It also raises the questions of why Russell appears not to have been interrogated by the Tudor regime as to his knowledge of the fate of the princes or why there is no contemporary English accusation against King Richard.
Undated letter concerning the marriage of Thomas Lynom and Mistress Shore
I am referring to this this letter for two reasons; first, it gives us a brief but revealing ‘flash’ of Richard’s character and second, it gives rise to an equally illuminating difference of opinion between two of Richard’s many biographers; a difference of opinion, which, I might add, exhibits all the emotional prejudice that afflicts so much of Ricardian literature.
Thomas Lynom was King Richard’s solicitor; he sought permission to marry Mistress Jane Shore, who was languishing in Ludgate Prison for her part in the Hastings’ conspiracy. Richard’s moral rectitude caused him to take a hard line with Mistress Shore. She had, after all, plotted against him and she was a notorious harlot. Although it would have been easy for him to forbid the match in what he believed to be Lynom’s best interests, he wrote this letter instead. ‘…it is showed unto us that our servant and solicitor, Thomas Lynom is marvellously blinded and abused with the late wife of William Shore now being at Ludgate by our commandment, [and] hath made contract of matrimony with her, as it is said; and intends, to our full great marvel, to proceed to effect the same. We, for many causes, would be very sorry he should be so disposed and pray you therefore to send for him, in that you may goodly may exhort and stir him to the contrary. And if you find him utter set for to marry her and none otherwise would be advertised, then if it may stand with the law of the church, we be content (the time of marriage being deferred to our coming next to London) that upon sufficient surety being found for her good behaviour, you send for her keeper and discharge him of our commandment by warrant of these; committing [her] to the rule of her father or any other by your discretion in the mean season.’
In his generally sympathetic biography of Richard III, Professor Paul Kendall uses this letter to illustrate Richard’s empathy with his fellows: ‘The harmony he never achieved within himself he did not cease to desire for others.‘ Richard’s use of vibrant phrases such as ‘marvellously blinded and abused’, and ‘to our full great marvel’ are testament to his astonishment and not his admonishment that his sober and correct solicitor should fall for the charms of the (no doubt) enchanting but wayward Jane Shore.
Professor Charles Ross in his less charitable biography of Richard III, uses the same letter to illustrate what he regards as the King’s bad character. Richard was, asserts Ross, the first English king to use character assassination as a deliberate instrument of policy. Richard’s ‘…public persecution of the delectable Mistress Shore has all the hallmarks of an attempt to make political capital by smearing the moral reputation of those who opposed him.’ Furthermore, he suggests that the ‘demure’ (his word) Mistress Shore would have been left to rot in Ludgate were it not for the fact that Richard’s solicitor wanted to marry her; a request which says Ross ‘obviously incurred Richard’s displeasure’. 
It is difficult to explain two such conflicting interpretations of the same letter. Ross represents the modern school of traditionalist historians who resist revisionist re-interpretations of Richard’s character. It seems obvious to me that he is entranced by the ‘delectable’ Mistress Shore whose virtues he extols at Richard’s expense. Professor Kendall writes more benevolently of Richard’s behaviour; though he has an occasional tendency to make excuses for him. His biography is now considered out of date by the academic establishment; nonetheless, it remains for me the most balanced and well-written account of King Richard’s life and reign yet published. Its strength is Kendall’s systematic use of BL Harleian Manuscript 433 to explain the events of 1483-85.
Furthermore, professor Ross’ conclusion is based on a partial quote from the letter, starting at its beginning and ending with Richard’s comment ‘we, for many causes, would be very sorry he should be so disposed.’ This gives the false impression that King Richard was minded to prohibit the marriage because of his displeasure with Lynom and his vindictiveness towards Mistress Shore. Thus, Ross uses the letter as an example of Richard’s vindictive character. However, if one reads the whole letter, the absurdity of his argument becomes apparent. Indeed, there is nothing in the letter — even Ross’ edited version — that justifies his adverse characterization of Richard: quite the opposite in fact.
The letter is remarkable for its informality, Richard’s colourful language and his lightness of touch in dealing with the situation. He comes across as a concerned friend rather than an angry monarch. He has every reason to prohibit this marriage but his desire to do the right thing outweighs any animus he feels towards Mistress Shore. For Richard ‘doing the right thing’ means trying to save Thomas Lynom from his folly, which is why he asks Russell to urge him in a ‘goodly’ manner to think again. But if Lynom is ‘utter set to marry her and not otherwise’, then Richard consented. The letter is not indicative of a cruel or vindictive man. Its relaxed tone suggests that the king trusted his Chancellor and that they had a good rapport. After taking these factors into account, I prefer Kendall’s interpretation of the letter.
Letter dated the 12 October from King Richard to John Russell
Richard dictated this letter at Lincoln during his royal progress. It is considered to be one of the chief documents of his reign and contains a rare example of his handwriting: ‘By the King. Right reverend Father in God, right trusty and wellbeloved. We greet you well. And in out heartfelt way thank you for the manifest presents that your servants on your behalf has presented to us here, which we assure you we took and accepted with a good heart and soul we have cause. And whereas we by Gods grace intend briefly [soon] to advance us towards our rebel and traitor the Duke of Buckingham to resist and withstand his malicious purpose as lately by our other letters we certified to you our mind more at large. For which cause it behoves us to have our Great Seal here. We being informed that for such infirmities and disease you sustain you cannot conveniently come unto us in person with the same. Wherefore we desire and nonetheless charge you that forthwith upon the sight of these you safely do the same our Great Seal sent unto us and [by] such of the officers of our Chancery as by your wisdom shall be thought necessary. Receiving this our letter for your sufficient discharge in that behalf. Given under our signet at our City of Lincoln the 12 day of October. We would be most glad that you came yourself if that you may and if you may not we pray you not to fail but to accomplish in all diligence our said commandment to send our seal in contentment upon the sight hereof as we trust you with such as you trust the officers ‘pertenyng’ to attend with it praying you to ascertain us of your news here. Here loved be God is all well and truly determined and for to resist the malice of him that has best cause to be true the Duke of Buckingham the most untrue creature living whom with God’s grace we shall not be long till that we shall be in those parts and subdue his malice. We assure you that there was never false traitor better purveyed as this bearer Gloucester shall show you.”
It is obvious that Richard and Russell were in touch and that Russell was aware of the King’s plans. Since Russell cannot bring the Great Seal himself owing to his illness, Richard added a postscript in his own hand (my emphasis above). It is one of the most revealing documents of Buckingham’s rebellion.
Dr Louise Gill considers that Richard’s request was unusual ‘since it put full control of the government in his hands‘ and implies that he no longer trusted his Chancellor. Personally, I think Dr Gill’s appraisal of the situation is mistaken for two reasons: in the first place it is not supported by the facts and in the second place it offends against common sense. It was not in fact unusual for the Great Seal to be commandeered in times of crisis. Richard and the Council had done so in April/May 1483 after the then Chancellor, Thomas Rotherham archbishop of York, had improperly handed it to Elizabeth Woodville following the arrests of Earl Rivers and others. Richard was to call for it again in July 1485 when he was threatened by Henry Tudor’s invasion. The Great Seal was an instrument of strategic importance, to the king since it authenticated royal commands, documents and proclamations. Its close control was desirable at all times but absolutely essential when, as here, rebels aimed at deposing the king. If the king was at Westminster there was no problem, but King Richard was 150 miles from Westminster and his enemies were strategically placed to put themselves between him and the capital. He believed that the threat to him was mortal; Russell was well aware of this and of Richard’s plans from previous correspondence. Naturally, Richard wanted control of the Great Seal to authenticate his rule but just as importantly to deny it to his enemies. Similarly, the suggestion of a breakdown of trust between Richard and Russell does not bear close examination. Richard was many things but he was not stupid; it is inconceivable that he would entrust his plans ‘at large’ to someone he didn’t trust. There is also the evidence of Richard’s postscript wherein he expressed his faith that Russell would send the Great Seal to him. Its possession was of such overwhelming importance to Richard, and secrecy was so vital (There are obvious risks to it being carried by a single horseman.) that he is equally unlikely to have entrusted that task to anyone he didn’t trust. A distrustful Richard would probably have sent one of his own men of action to take possession of the seal. Indeed, in May, as duke of Gloucester, he sent his personal Herald to take it from Rotherham. If we judge men by their actions, the fact that Russell complied with the king’s wishes with such alacrity and that the Great Seal was later returned to him (Russell) before witnesses in the Star Chamber is a clear indication that the Lord Chancellor retained the king’s trust and confidence.
Although many people suspect Richard III of doing away with his nephews, suspicion is not evidence and there is no evidence that he murdered them or, indeed, that anyone murdered them. I do not know the princes’ fate and neither does anybody else. Nor do I pretend that these letters offer a solution to the mystery, since they leave too many unanswered and unanswerable questions for that. But they do sharpen our silhouette of England’s most enigmatic king and his relationship with his first minister of state during the crucial period of 1483-85. And they add substance to a neat epigram about those events, which I read somewhere. Those who knew most said least; those who knew least said most.
Quite what Holmes might have deduced from this correspondence is difficult to say, since he famously eschewed theorising without data. Of course, his prospect of solving the mysterious disappearance of the two princes would undoubtedly be enhanced if only John Russell was available to be interviewed.
 A Conan-Doyle – The Memoirs of Sherlock Holmes (Penguin 1950) p.28
 Pamela Tudor-Craig – Brochure: Richard III (biographical exhibition at the National Portrait Gallery 1973) pp.39-41
 A. J. Pollard, ‘Shirwood, John (d. 1493)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Jan 2008 [http://www.oxforddnb.com/view/article/25447, accessed 25 Nov 2017]
 D. P. Wright, ‘Langton, Thomas (c.1430–1501)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, May 2009 [http://www.oxforddnb.com/view/article/16045, accessed 25 Nov 2017]
 Charles Ross – Richard III (Yale 1999 edition) p.151 and note 16
 CJ Armstrong (Ed) – The Usurpation of Richard III by Dominic Mancini  (Oxford 1969 edition) pp. 93 and 127 note 89. Mancini wrote: ’The physician Dr Argentine, the last of his servants whose services the king enjoyed, reported that the young king, like a victim prepared for sacrifice, sought remission of his sins by daily confession and penance, because he believed that death was facing him’. Armstrong argues that Dr Argentine and Mancini were well acquainted: they were social equals and Argentine spoke fluent Italian (pp.19-20).
 Tudor-Craig p.44; Shirwood wrote ‘De Ludo Arithmomachia; De Ludo Philosophorum; Ludus Astronomorum’ (Treatise on a Mathematical Game) in about 1475. Tudor-Craig postulates that Shirwood personally gave Dr Argentine a copy of his treatise in London during the summer of 1483.
 Charles Ross- Richard III (Yale 1999 edition) p.132
 Shorter Oxford English Dictionary (2005); see also Chambers Dictionary (13th edition, 2014)
 Richard Sylvester – The Complete Edited Works of St Thomas More, Volume 2: the History of Richard III (Yale 1963) p.25
 Armstrong p.85
 Alison Hanham – The Cely Letters (EETS Oxford 1975) pp. 184-85. See also Michael Hicks – Richard III (Tempus 2000 edition) p.45, for a different translation of this note ‘There is great rumour in the realm. The Scots have done great [damage] in England, the Chamberlain is deceased in trouble, the Chancellor [Rotherham] is deprived and not content, the bishop of Ely is dead (my emphases)’. Professor Hicks is wrong, however, to suggest that Thomas Rotherham was the Chancellor, he was the archbishop of York; Russell was the Chancellor. Neither can it be easy to confuse ‘desperate’ with ‘deprived’, though the professor managed it
 Christine Carpenter (Ed) – Kingsford’s Stonor Letters and Papers 1290-1483 (Cambridge UP 1996) pp.159-60. See also Alison Hanham – Varieties of Error and Kingsford’s Stonor Letters and Papers (Ricardian, Vol 11, No.142, Sept 1998) p.350
 Alison Hanham – Remedying a Mischief: Bishop John Russell and the royal title (Ricardian Vol.12, No.151, December 2000) p.149
 Hanham (Ricardian) ibid
 Hicks pp. 114-16; to be fair, Professor Hicks argues that Richard always planned to seize the throne, but at this time nobody else realised it. His support soon fell away after he deposed Edward V
 Nicholas Pronay and John Cox (Eds) – The Crowland Chronicle Continuations 1459-1486 (The R3 and Yorkist Historical Trust 1986) p.153
 S B Chrimes – English Constitutional Ideas in the 15th Century (Cambridge 1936) pp.168-78; Chrimes reproduces all three of Russell’s draft speeches.
 Tudor-Craig ibid; Michael Hicks – Unweaving the Web: the plot of July 1483 against Richard III and its wider significance (Ricardian Vol 9, No.114, September 1991) pp.106-109; see also Annette Carson – Richard III; the maligned king (The History Press 2013 edition) pp. 151-68 passim. Both of these authors provide useful discussion about the July 1483 ‘plot’
 Pronay and Cox p.163
 Tudor-Craig pp.54-55
 Hanham (Ricardian) p.236: Hanham describes the word ‘had’ as ‘a subjunctive accusation of past possibility or past unreality…plainly they had been stopped before they could put their alleged plan into effect’. See also Hicks (Unweaving the web,,,), passim.
 Tudor-Craig ibid.
 Mancini left England shortly after Richard’s coronation (6 July 1483). Interestingly, he records only a suspicion that Edward V was ‘done away with’; he does not record any suspicion about the fate of the duke of York who was heir presumptive. The other interesting point is how this squares with the Cely memorandum, which expressed fears for the lives of king Edward V, his brother the Duke of York and his uncle the Duke of Gloucester.
 Pronay and Cox ibid
 Rosemary Horrox – Richard III and London (Ricardian Vol.6, 1984) pp325-26 and 329 citing: John Stow – The Annals or General Chronicle of England (1615) p.460. Also, Michael Jones – Richard III and Lady Margaret Beaufort: a re-assessment, in – Richard III: loyalty, lordship and law (PW Hammond [Ed] (Richard III and Yorkist History Trust 1986) pp. 30-31; Carson ibid and Henry Ellis (Ed) – Three Books of Polydore Vergil’s English History: comprising the reigns of Edward IV, Edward V and Richard III (Camden Society 1844) pp. 194-95
 Hicks (Unweaving the web…) p.107
 Hicks pp.107-109
 Paul Murray Kendall – Richard the Third (Geo Allen & Unwin 1955) p.324
 Kendall ibid
 Ross p.137
 R Horrox and PW Hammond [Eds] – British Library Harleian Manuscript 433 in four volumes (Sutton Publishing and the R3S 1979); it contains the strictly contemporary Register of Grants and Signet Letters written during Richard III’s reign and passing through Russell’s hands.
 Peter and Patricia Hairsine – The Chancellor’s File: published in J Petre [Ed] Richard III, crown and people (The Richard III Society 1984) p. 418, which reproduces the original letter (PRO reference C/1392/6); see also Tudor-Craig p.79
 Louise Gill – Richard III and Buckingham’s Rebellion (Sutton 2000 edition) p.6
Edward IV 1442-1483
For a king whose reign is otherwise well documented it is curious that the cause of Edward’s death remains a mystery. It would appear that his death was unexpected. It seems he was first taken ill at the end of March and despite having access to some of the best medical care available at that time, died on the 9 April at his Palace of Westminster.
Edward IV’s Coat of Arms, British Library royal manuscripts
Mancini attributed his illness to a cold caught while fishing. Commynes mentions a stroke while the Croyland Chronicler wrote he ‘was affected neither by old age nor by any known kind of disease which would not have seemed easy to cure in a lesser person’ – in other words the doctors didn’t have a name for the illness that sent Edward to his grave. How strange. Rumours abounded of death by poisoning some even going so far as to blame it on a gift of wine from the French king. Molinet ascribed it as the result of eating a salad after he had become overcome by heat (in April! in England!!) which caused a chill, others said it was an apoplexy brought on by the treaty of Arras, malaria was even suggested. Later, Sir Winston Churchill in his History of the English Speaking Peoples, would put it down fair and square to debauchery. But at the end of the day , as Richard E Collins points out (1) most people were concerned with what happened AFTER Edward’s death, rather than what caused it.
The Old Palace of Westminster where Edward died 9 April 1483
Collins wrote an essay on Edward’s death that was included in Secret History the Truth About Richard lll and the Princes. He had a considerable knowledge of medical matters and having done some very through research into the death of Edward presented his findings to other medical professionals for their opinions. They all concluded ‘that the cause of death which best explained all the known facts was poison, probably by some heavy metal such as arsenic’.
First of all an attempt to solve the mystery was to run though Edwards symptoms but first of all deal with the timescale. Given that the Croyland Chronicler wrote that Edward took to his bed around Easter and since Easter Sunday was on the 30 March ‘we are dealing with a period of around 10-12 days from inception to death. If peoples behaviour was anything to go by his death came as a surprise to the Court’. As Edwards body was laid out naked for viewing, Collins was then able to rule out death caused by violence, there being no traumas/injuries, accidental or deliberate, no puncture wounds, bruises etc., Furthermore there were no marks to be seen of specific diseases such as mumps, smallpox, measles, scarlet fever, chicken pox, bubonic plague, typhus, enteric fever. Other non-infectious conditions that mark the skin are also able to be ruled out such as purpuras (blotches caused by bleeding under the skin) which can be caused by leukaemia, haemophilia, plague and alcoholism. Thirdly there was not the ‘wasting’ caused by cancer, unrelated diabetes, septicaemia or starvation caused by malabsorption.
Anything sudden such as a massive coronary, stroke, pulmonary embolism or a perforated ulcer can be ruled out due to the timescale. Long drawn out conditions such as ulcerative colitis, diverticulitis and cancer can also be ruled out.
Collins then considers the contemporary sources beginning with Sir Thomas More, who writing 30 years after the event makes no comment on the cause of death save ‘he perceived his natural strength was so sore enfeebled that he despaired all recovery’. More, as was his wont, wrote a pages long speech delivered on his deathbed. Collins who had been present at least on 200 natural deaths had never heard a deathbed speech. However as we know More never let the truth stand in the way of a good story. The Crowland Chronicler also gave no cause while Vergil wrote that ‘he fell sick of an unknown disease’. The only definite accounts actually come from those who were least likely to be in the know such as Mancini and de Commines, Mancini puts Edward’s death down to a mix of ‘sadness’ plus a cold he caught while on a fishing trip. According to Collins this does not add up as the suggestions of Edward dying of grief cannot be taken seriously and as for the chill he would not have been able to indulge in such a frivolity during Holy Week – therefore the latest this trip would have been taken place was the 22 March – which would mean that Edward hung around in a fever for 10 days without treatment which is also unlikely. Collins add ‘Mancini is remarkably popular with those who dislike Richard and it is sad to proclaim that their supporter is a speaker of Rubbish’ – priceless! De Commines ascribes his death to apoplexy and ‘while it is possible to have a stroke 10 days apart, the second proving fatal, it is quite impossible to believe that no-one expected him to die after the first, but obviously they didn’t’.
Hall later wrote ‘whether it was with the melancholy and anger that he took with the French king…or were it by any superfluous surfeit to which he was much given, he suddenly fell sick and was with a grevious malady taken, yes so grievously taken, that his vital spirits begun to fail and wax feeble..’. Basically Hall didn’t know how Edward died either.
Collins makes the observation that ‘medieval physicians had at best a poor understanding of medicine and at worse a ridiculous and dangerous one. This represented a falling away from the common sense views and practices of the Greeks, which if they could not cure much knew how not to make a patient worse. In 1483 most medieval practices were designed to do just that – make the patient worse that is – and they succeeded well. Almost any condition was treated by drawing off a pint of blood or more and administering emetics and laxatives to ‘purge evil humours’. Such a regime is seldom good for a sick person and will often kill rather than cure by dehydration if you go slowly or by shock if quickly. Only rarely did they have a treatment that was effective, one case in point is apoplexy where bleeding will reduce the blood on the cerebral vessels…medieval medicine was more often more dangerous than the disease and most people avoided doctors if they could. Despite this medieval doctors were rarely at a loss for a diagnosis and the terms they used are a joy to read – Chrisomes, Frighted, Griping-in-the-Guts (a small town in Gloucestershire?), Head-moult-Shot, Rising of the Lights Lethargy and meagrome’.
Collins sums up with it may well worth be listening to Crowland after all, he may have been present at Westminster at the time and spoken to physicians about the case, when he said that Edward was affected by ‘no known disease’.
As to why someone would want to send Edward to an early grave by poisoning, that dear reader is another story. I have drawn heavily from R E Collins excellent treatise on the subject but would mention that anyone who is interested in this theory would do well to read (if they have not already done so) The Maligned King by Annette Carson, who also covers this theory thoroughly in chapter 1.
ELIZABETH WYDEVILLE, EDWARD’S ‘QUEEN’ WHOM HE MARRIED BIGAMOUSLY
‘This is indeed a mystery’ I remarked.’ What do you think it means?’‘I have no data yet. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suite theories, instead of theories to suite facts.’
In Arthur Conan Doyle’s short story A Scandal in Bohemia, Holmes and Watson are puzzled by an anonymous and undated note, which they have received. It was the only case in which Holmes was worsted by a cleverer adversary: the beautiful Irené Adler. Holmes seldom referred to her as anything other than the Woman because in his opinion ‘she eclipses and predominates the whole of her sex’. Since this story first appeared in 1888, Holmes’ dictum has become the cornerstone of forensic investigation methodology. Criminologists, detectives, judges, lawyers, doctors, scientists, and many other professionals rely on factual data to support their judgement or opinion.
Facts are important to historians also; they are the building blocks of history and historians must not get them wrong; as AE Houseman famously remarked, ‘accuracy is a duty not a virtue’. The difficulty for English medieval historians is that the facts they rely on are often found in old manuscripts, which are hand written in ancient Latin or French by men who were not witnesses to the events they record, and whose narrative may reflect their particular political or geographic point of view. These difficulties increase where contemporary records are incomplete or not available. The historiography of King Richard III suffers from most if not all of these problems. Almost all the accounts we have of his life and reign were written by a small number of people in southern England after his death. We know quite a bit about how the people in London and the south viewed his reign and character, but little of what the rest of the country thought. Our opinion of Richard has been pre-determined for us by people who, for whatever reason, took a particular a view and preserved those ‘facts’ that supported their view. The generally poor opinion of King Richard III stems from this incomplete material: the Tudor narrative. Horace Walpole, writing during the age of reason was not impressed; he declared that while Richard might well be as execrable as they say he was, there is no reason to believe so on the available evidence.
Charles Ross in his biography of King Richard identified the ‘extraordinary problems of the evidence’ as the key issue for those seeking answers to the vital questions of when and why Richard claimed the throne. They have to deal with the paradox of his good reputation prior to April 1483 and the crimes he is supposed to have committed thereafter. Ross’ modern solution to this problem was to ignore the Tudor narrative in favour of inferring Richard’s ‘character and motives from a close scrutiny of the events themselves without preconceptions’; it has, he says, resulted in a more critical appraisal of the Tudor narrative and a better understanding of its value. Such objectivity is to be applauded; though, it does come at a cost. Ross also considers that because historians now have a better understanding of the Tudor tradition and of fifteenth century English politics, they are unwilling to throw the ‘whole bodily out of the window, especially when it can be confirmed by contemporary evidence.‘ What worries me about that proposition is that it presupposes that the contemporary sources and the Tudor writers are independent of each other: they are not. Of the major chronicles for this period, only Mancini’s narrative was written in King Richard’s lifetime. The other major source is the Second Continuation of Crowland, written about eight months after Bosworth. The English vernacular chronicles were not written until a decade or more afterwards and are so confused and contradictory that they have little or no probative value. Furthermore, the source of these accounts and also of some contemporary foreign chronicles was a member of a cabal of Tudor malcontents who wanted to seize Richard’s throne. It is illogical to think that two separate accounts emanating from the same witness can corroborate each other. The essence of corroboration is that two different witnesses give the same evidence independently.
Though modern authors may claim to be objective, the reality is that it is almost impossible to avoid taking sides. The contradiction in Richard’s reputation is such as raise ‘unhelpful issues of guilt and innocence’ within a hostile, adversarial situation in which every scrap of information is heavily scrutinized in case it sheds light on the mysteries of Richard’s protectorship and reign. Consequently much of Ricardian historiography evinces a preconception of his guilt or innocence that biases judgment. In his defence, Richard’s apologists tend to excuse even his most doubtful actions; whereas his critics’ interpret everything he does negatively and in terms of his perceived vices: violence, greed, deceit, ruthless ambition and murderous intent. His good acts are regarded as self-serving; if he is kind it is because he wants something, if he is generous he is ‘buying’ support, if his justice is firm he is a ruthless tyrant and if his sleep is disturbed by grief for his dead son and wife it is because he has a bad conscience. This preconception stems, I believe, from historical hindsight; the outcome of events in the summer and autumn of 1483 is now a matter of historical record and some historians assume that because they resulted in Richard’s accession, he always intended that outcome. That conclusion is, of course, a non sequitur and, perhaps, an example of the ‘insensible twisting of facts to suit theories’ that Holmes’ deprecates. It is also an illustration what happens when historians’ copy from each rather than analysing the prime source material de novo and critically.
I see this tendency in two post 2012 biographies by David Horspool and Chris Skidmore respectively. They are well written and researched, and make good of use local records, contemporary private documents and correspondence, and obscure manuscripts, identified only by their National Archives reference number, to highlight the minutiae of Richard’s life and reign. Unfortunately, on the ‘key questions of when and why Richard aimed for the throne, neither book tells us anything we didn’t already know or mounts an argument we haven’t heard before, or even contains an original thought. That is not a personal attack on the authors since I believe they genuinely aspired to do more; it is, however, a disappointment. David Horspool sought neutrality; he said he wanted to write an account of Richard’s life ‘without keeping a foot in either the anti or pro Ricardian camps’. Similarly, Chris Skidmore wanted to bring balance and ‘more accurate’ scholarship to his assessment of Richard. What I find particularly upsetting is the possibility that these authors, however sincere they are, may actually believe that the habitual, one might almost say ritualistic, recycling of the conventional Tudor narrative could pass for balanced and accurate scholarship. That said, I do think there is some force in the proposition explored by both writers (and others) that the pre-contract — whether true of false — was a device for deposing Edward V to pave the way for Richard’s accession. What I do not accept, however, is that he was motivated by personal ambition or that it was pre-planned. That explanation of his behaviour is superficial and smacks of lazy history. It gives too little weight to the wider impact of complex factional divisions in 1483, or the fear of civil war that was undoubtedly on the minds of Richard and the members of parliament. It also pays too little heed to the constitutional view that parliament as the national assembly had unfettered authority to pass legislation affirming the royal title and obviating the need for litigation, which was in any case impracticable.
Consequently, this seems an appropriate subject for me to write about; especially since it is five hundred and thirty-four years ago this month that parliament passed Titulus Regius onto the statute book. It is also an opportunity for me to revisit my previous articles on this subject and to renovate them with new research and fresh thinking. I make no apology for that. However, in view of the complex arguments raised by both sides in this controversy, I think it best to first summarise the relevant facts insofar as we know them.
The summer of discontent
The untimely death of Edward IV in the spring of 1483 exposed the deep division and animosity between the queen’s kindred, the old Yorkist nobility and dissident Lancastrians, which hitherto had been checked by the force of Edward’s personality and his political acumen. The king was barely laid in his coffin before Queen Elizabeth, her sons Thomas Marquis of Dorset and Sir Richard Grey, and her brother Anthony Earl Rivers attempted to seize the reins of power by crowning the boy King Edward V before suitable arrangements could be made for his minority rule. They were particularly keen to marginalise Richard Duke of Gloucester, Edward’s paternal uncle and the senior royal duke, and the man whom the late king had nominated as Lord Protector and Defender of the Realm. Gloucester was on the Scottish border when he heard of his brother’s death. After a respectful but brief period of mourning, he came south to a pre-arranged rendezvous with the king, who was also travelling to his capital accompanied by his maternal uncle Rivers, his half-brother Sir Richard Grey and two thousand Woodville soldiers.
The story of Gloucester’s bloodless coup at Stony Stratford on the 30 April and 1 May 1483 is too well known to need repeating. The upshot was that Rivers and Grey were arrested with their servants, for plotting to kill the dukes of Gloucester and Buckingham (who had rendezvoused with Gloucester at Northampton). The Woodville soldiers were dispersed peacefully and the king continued to London in the company of his uncle Gloucester and his cousin Buckingham. The Queen panicked on hearing of the arrests and fled into the comfortable sanctuary of Westminster Abbey, taking her youngest son and heir presumptive, and her daughters with her. On the 10 May 1483, the King’s Council unanimously appointed Richard duke of Gloucester as Lord Protector and Defender of the Realm pending the king’s coronation, which was fixed for the 22 June.
We do not know much about events during May and early June. The impression we have is that as late as the 5 June 1483 preparations for the coronation were proceeding normally. On that day Gloucester arranged for those who were to be knighted by King Edward, to come to London at least four days before the coronation. On the same say he wrote to the citizens of York apologising for the fact he that was too busy with the coronation preparations to deal with their recent request for financial relief. I mention these matters because of their ordinariness, which is in stark contrast to Gloucester’s second letter to the York citizens five days later. In that letter, he requested troops to help against the queen and her blood adherents who were planning to murder him and Buckingham. The inference that he was suddenly alarmed by a murderous conspiracy is doubtful, as he had known about that risk since Stony Stratford or earlier. If he was responding to that threat, he had left it too late. The troops from York could not reach London much before the end of June. I believe that something else happened between the 5 and 10 June 1483 to alarm Gloucester.
The ‘wicked bishop’
Philippé De Commynes a Flemish knight in the service of Louis XI provides a possible explanation for his change of attitude.
‘The Bishop of Bath and Wells (Robert Stillington) revealed to the duke of Gloucester that King Edward, being enamoured of a certain English lady promised to marry her provided he could sleep with her first and she consented. The bishop said that he had married them and only he and they were present. He was a courtier so did not disclose this fact and helped to keep the lady quiet, and things remained like this for a while. Later King Edward fell in love again and married the daughter of an English knight, Lord Rivers.’ 
If true, it made Edward’s subsequent marriage to Elizabeth Grey bigamous and their offspring illegitimate, and unable to succeed to the throne. I believe it was Stillington’s news that so shocked Gloucester. Sir Clement Markham suggests that Stillington told him and the council about the pre-contract on Sunday the 8 June 1483. All we know about this meeting is what we can glean from a letter written by Simon Stallworth to Sir William Stonor dated the 9 June, in which he writes:
‘…My Lord Protector, my Lord of Buckingham and all other Lords, as well temporal as spiritual [sic] were at Westminster in the council chamber from 10 until 2 but there was none that spoke to the queen. There is great business against the coronation, which shall be this day fortnight as we say…’
The meeting lasted for four hours and was evidently not routine. The fact that nobody spoke to the queen suggests that negotiations with her had broken down and that something significant was afoot. Stallworth’s phrase”…great business against the coronation…” is ambiguous: perhaps deliberately so. Most historians think he meant ‘in preparation for or in anticipation of the coronation’ but such an interpretation is not supported by Stallworth’s use of the phrase ‘great business’, which hardly suggests routine administrative affairs. Moreover, the word ‘against’ has eighteen different meanings in the Oxford English Dictionary, five of which use it in the sense of ‘resistance to or opposition to…’ It is possible that Stallworth is referring obliquely to a discussion about Stillington’s revelation, including the propriety of proceeding with the coronation. This possibility is not entirely speculative, since within a week of the letter the coronation was postponed and soon after it was cancelled.
If we take as a working hypothesis that Gloucester was convinced it was true by the 10 June, it puts a different complexion on his second letter to York. It raises the possibility that far from, responding to a threat to his person, Gloucester was preparing for what may happen once Stillington’s allegation was made public. I doubt not that the fear of civil war weighed heavily on his mind; nor do I doubt that he was also conscious of the personal consequences for him and the opportunities it presented. The letter to York provides a convenient cover story, important enough for them to treat it urgently but that gives nothing new away if it falls into the wrong hands. Things came to a head on the morning of Friday 13 June 1483 at the Tower. There, Gloucester met Lord Hastings, Lord Stanley, the Archbishop of York (Rotherham), the Bishop if Ely (Morton) and others, whom he believed were conspiring against him. By lunchtime on the 13th the whole nature of the protectorship had changed irrevocably. Hastings was summarily executed on a convenient log. The Archbishop of York, the Bishop Ely and sundry others were arrested, and there was panic on the streets of London. Three days later Thomas Bourchier, Archbishop of Canterbury persuaded the Queen to allow the duke of York to leave sanctuary to attend his brother’s coronation. By lunchtime Gloucester had the king and the heir presumptive in his care and control. By teatime, in council, Edward’s coronation was postponed from June to November. Despite the turmoil, which these events inspired, Londoners in general blamed Woodville inspired conspirators for the unrest. It was about this time that Gloucester made the decisive decision to issue warrants for the execution of the king’s uncle Rivers, his brother Sir Richard Grey and others. It is confirmation of Gloucester’s intention to claim the throne; he would not otherwise have ordered the execution of the king’s blood relatives.
Bastard slips shall not take root
Bastard slips shall not take root: that was the uncompromising theme of Dr Ralph Shaa’s sermon on the 22 June 1483 at St Paul’s Cross. Taking his text from the Old Testament, Dr Shaa preached to the dukes’ of Gloucester and Buckingham, and a ‘huge audience of lords spiritual and temporal’ on the illegitimacy of King Edward IV’s children. Exactly what he said, however, is a source of great controversy. The crux of the problem is the paucity of reliable accounts of what was said between 22 and 26 June 1483. The extant chronicles are, to use Paul Kendall’s colourful phrase, a ‘mosaic of conflicting detail’ about Gloucester’s title to the throne. This confusion is in sharp contrast to the certainty of the Parliamentary Roll, which set out the chain of events and royal title with admirable clarity. Nevertheless, many historians are convinced that the allegations against the King’s legitimacy were invented by Gloucester to justify his usurpation. The best way to get to the bottom of that conundrum is to follow the chronologically of events.
Dr Shaa’s sermon was not a spontaneous outpouring of public indignation at the illegitimacy of Edwards’s offspring. It was pre-arranged by Gloucester or by others on his behalf to bring to public notice the illegitimacy of the dead king’s children and to put forward his royal title. Though, he was keen to distance himself from the question of deposition, Gloucester’s presence at the sermon is another indication of his intention to replace his nephew as king. Mancini describes how it was said that ‘the progeny of King Edward should be instantly eradicated, for neither had he been legitimate king, nor could his issue be so. Edward was, they said, conceived in adultery.’ This narrative is the only surviving account of the meeting written during Gloucester’s lifetime.  However, we must treat it with caution since it is hearsay and not eyewitness testimony; it may or may not be correct. It is noteworthy that Mancini does not mention the pre-contract at this point in his narrative, though he does later on. Similarly, the reliability of the vernacular chronicles is questionable given that they were written a decade or more after Gloucester’s death and after King Henry VII’s deliberate attempt to expunge all knowledge and memory of Titulus Regius and the invalidity of Edward IV’s marriage. The Great Chronicle follows Mancini in alleging that Shaa preached the illegitimacy of king Edward; whereas, Fabyan says that Shaa also declared the bastardy of Edward’s children. It is this confusion over what was or was not said by Dr Shaa that lies at the heart of the controversy. The importance of Shaa’s sermon, however, lay in the fact that it set in motion a train of events that were to put Gloucester on the throne with astonishing speed, even by modern standards. Within three days of this sermon, he was offered the crown. The next day he was king of England.
With the exception of Mancini, the sources refer to a meeting that took place on Tuesday the 24 June at the Guildhall, with the Duke of Buckingham in the chair. Present were the Mayor of London, his brethren ‘and a good many’ London citizens. Buckingham is supposed to have spoken wonderfully well for “a good half hour” on behalf of the duke of Gloucester, extorting the audience to admit the Lord Protector as their liege lord. Fabyan writes that Buckingham was so eloquent that he never even stopped to spit. The audience ‘to satisfy his mind more in fear than for love, had cried in small number yea! Yea!’. Mancini records a speech made by Buckingham to the lords on the 24 June. This may be the same meeting referred to above, though this is not absolutely clear. According to Mancini, Buckingham argued at this meeting that ‘it would be unjust to crown this lad, who was illegitimate, because his father King Edward [IV] on marrying Elizabeth, was legally contracted to another wife to whom the [earl] of Warwick had joined him. Indeed on Edward’s authority the [earl] of Warwick had espoused the lady by proxy — as it is called — on the continent.’  This is an undoubted reference to a pre-contract, although Mancini has managed to get the details of Edward’s amour wrong. Our other primary source, the Second Continuation of the Crowland Chronicle, simply records Richard’s title precisely as it is put in Titulus Regius.
The following day, that is the 25 June 1483, the three estates of the realm (the lords spiritual, the lords temporal and the commons of England) met at Westminster. Gloucester’s decision to stop the writs of supersedeas cancelling Edward V’s planned parliament was probably deliberate. He doubtless saw the value of having the members of parliament in London to consider his claim to the throne. Although this was not a properly constituted parliament, pretty much all its members were present. Neither was this a tame Ricardian quorum; the lords spiritual, temporal and the commons who attended were those who would have constituted Edward V’s first parliament. On any view this was a gathering of national authority. Gloucester’s claim was put forward precisely; some parts were good, others not so good. The evil done to the realm by the Woodvilles, the falseness of Edward’s marriage to Elizabeth Grey were put forward and discussed by the three estates. The meeting approved a petition to Gloucester that he should assume the seat royal. On the 26 June 1483 at Baynard’s Castle the petition was presented to the duke who was pleased to accept it. He dated his reign from that day.
‘Doubts, questions and ambiguities’
King Richard III was crowned on the 6 July 1483. If he hoped it would unite the various noble factions behind a Yorkist king his hope was dashed. The power struggle that bought him to the throne was not decided; it had merely changed its nature. What we now call ‘Buckingham’s rebellion’ of October and November 1483 was not a national uprising against King Richard. It was a deliberate and carefully prepared dynastic challenge to his crown by the supporters of Henry Tudor assisted by the Woodvilles and disaffected Yorkists. Although, Richard crushed the rebellion and executed Buckingham, neither its cause nor the rebels were exterminated. Henry Tudor continued to make mischief from the sanctuary of France.
King Richard faced another and more urgent problem: Edward V’s deposition and his accession happened so quickly that many of his subjects were bemused by what had occurred. Quite apart from the effect of a rumour that two princes’ were dead, people had qualms about the status of the June petition and Richard’s election to the crown at a non-parliamentary meeting. The author of Titulus Regius recognised this problem and attempted to deal with it in the preface. He acknowledged that because the three estates were not on the 25 June assembled in proper form of parliament, ‘various doubts, questions and ambiguities are said to have been prompted and engendered in the minds of various people’. The preface continues, ‘…in order the truth may be known and perpetually kept in mind’ it is necessary for the petition to be incorporated in an act of settlement validating Richard’s royal title with the authority of parliament and removing ‘…the occasion for all doubts and uncertainties and all other legal consequences that might thereof ensue.’  This is an important point, to which I shall return.
It is necessary to preface my following analysis with some general observations. First, when considering Titulus Regius from a historical point of view, it must always be borne in mind that it is, a legal document in which the draftsman (almost certainly a canon lawyer: possibly Robert Stillington Bishop of Bath and Wells) has been careful to cover all the key elements of the case. Charles Ross was wrong to dismiss it as ‘pure propaganda’; though, it is by its nature a partisan document intended to assert Richard’s royal title. Moreover, the attack on the validity of Edward IV’s marriage and the legitimacy of his children was a deliberate attempt to re-define a political problem as a legal one and therefore not entirely convincing in establishing its proponents good faith. Although there was neither a law of succession in medieval England nor hardly any strict rules governing the process, it was — with some notable exceptions — customary for the throne to pass from the king to his eldest surviving son. Prince Edward was the dead king’s eldest son and everyone naturally expected him to succeed to the throne; to deprive him of this inheritance on a point of law was incomprehensible to some people and seemed unjustified to others. In particular, parliament’s bastardization of Edward V without recourse to the judgement of a church court has attracted much historical criticism. It is important to understand in that context that Titular Regius is also an important constitutional document in which the author has been equally careful to define parliaments authority to validate King Richard’s title in legislation without recourse to litigation. It is important to distinguish between these legal and constitutional points.
Second, it is essential not to over simplify the circumstances leading to Titulus Regius in 1484. The common tendency to interpret them solely in the context of King Richard’s personal ambition ignores the wider influence and dynamics of factional interests. None of the legal impediments to Edward V’s accession were insuperable. His bastardy could have been ignored. Parliament could, had it so wished, have passed an Act of Succession for Edward V validating his title forever. After all, Edward IV and Elizabeth had lived openly as man and wife for many years and their son Edward Prince of Wales was acknowledged on oath by the entire English nobility as the heir apparent. Parliament could just as easily have revoked Clarence’s attainder to allow his son Edward Earl of Warwick to succeed to the throne ahead of Richard. And yet they did nothing to stop Titulus Regius: why? That is the key question in this debate
Third, too much emphasis is placed on the pre-contract allegation at the expense of considering Titulus Regius as a whole. The marriage of Edward and Elizabeth’s was attacked on four separate grounds, only one of which needed to be proved for the marriage to be invalidated. In this regard, the charge of witchcraft is significant. It was not a supplementary charge, and the assertion that it was notorious posed a serious problem (which I will come to) for those attempting to defend the marriage on legal grounds.
The main body of Titulus Regius is taken verbatim from the petition and is organised in three parts. The first part is an attack on Edward IV’s reign. Much has been made of this but it is a convention common to this type of document. The second part sets out the grounds for the disqualification of Edward’s children’ from the royal succession. The third part is a recapitulation of Richard’s title as the rightful king of England according to God’s law, natural law and the ancient customs of the realm by right of succession and election. It is, essentially, an attack on Edward IV’s marriage to Elizabeth Grey on four grounds.
’The ‘feigned marriage between Edward and Elizabeth Grey was ‘presumptuously made without the knowledge or the assent of the lords of the land.’
And also by sorcery and witchcraft committed by the said Elizabeth and her mother Jaquetta duchess of Bedford as is the common opinion of the people and the public voice and fame throughout the land, and as can be adequately proved hereafter at a convenient time and place if thought necessary.
The said feigned marriage was made privately and secretly without publishing of bands, in a private chamber and a profane place and not openly in the face of the church according to the law of God’s church but contrary to it and the law and custom of the Church of England.
And also how, when he contracted the feigned marriage and previously for a long time after the said King Edward was and stood married and troth plighted to one dame Eleanor Butler, daughter of the earl of Shrewsbury with whom the said King Edward had made a contract of matrimony long before he made the feigned marriage with the said Elizabeth Grey.’
The document concludes that if all this is true ‘as in very truth it is’, then Edward and Elizabeth had lived together in adultery and that their children were bastards ‘unable to inherit and claim anything by inheritance by the law and custom of England.‘ Clarence’s son was also barred from the succession, as his father was a convicted traitor.
It is necessary first to first dispose of a claim that the Titulus Regius did not reflect Gloucester’s royal title put forward in June. Charles Wood raised this issue over half a century ago. His sole point was that the text of the petition as set down in the Parliamentary Roll does not agree with the various chronicle versions of the royal title claimed in June. He overlooks the fact that the chronicles also differ from each other and deduces that the original petition was altered later, possibly more than once. He further deduces that Mancini’s account is the correct one and dismisses the second Continuation of Crowland’s version because it is based on Richard’s Act of Settlement rather than actual events. He therefore argues that it cannot be relied upon as corroboration of the Parliamentary Roll. His conclusion is that Richard was clearly ‘making it up as he went along’ to justify his usurpation, by, for example, introducing Eleanor Butler who was conveniently dead. Others have since followed Wood’s line of argument uncritically.
The answer to this point is straightforward and contained in one of Richard’s signet letters. On the 28 June 1483 (that is two days after his accession), he wrote to the Captain of Calais and the townspeople in response to their concerns about the events in England and their effect on the garrison’s oaths of allegiance to the king etc. In his reply, Richard mentioned his accession and his royal title. After referring to the June petition, the letter goes on ‘…the copie of the whiche bille [petition] the king wille (i.e. desired/instructed/ordered) to be sent unto Calais and there to be redd and understanded togeder with these presentes’ Wood is not alone in construing this to mean that the petition will follow after the letter. He has, however, misread the letter, since it says no such thing. From their ordinary, everyday meaning, Richard’s words indicate that the petition was enclosed with the letter.
David Horspool follows Wood’s line; he alludes to the difficulty of understanding the precise nature of Richard’s claim to the throne, ‘let alone what Richard actually believed’.  His argument on this point is best put in his own words: ‘The argument that the text of the petition was enclosed with the letter to Calais does not seem convincing as the letter clearly states that the petition “will be sent unto Calais and ther (sic) to be redd & understanded, togeder with these presentes’.’ I.e. it is not an enclosure but will come on later…’ Unfortunately, any misunderstanding’ is entirely David Horspool’s and of his own making. It results from a mistake, which were it not so serious might be dismissed as a schoolboy howler. Horspool has misread and misquoted, and thus completely changed the meaning of Richard’s letter by omitting the word ‘to’ after the word ‘wille’ in his extract quoted above. The fact that this misquotation supports his theory about the vagueness of Richard’s royal title may be the coincidental outcome of a careless mistake. It may equally be that his preconceived theory of Richard’s character has ‘insensibly’ led him to twist the facts to fit his theory.
Personally, I cannot think of a sensible reason why King Richard would refer in the letter to a petition setting out his title, which said petition was to be read in conjunction with the letter (‘these presents’), and not send the petition. It defies the facts and common sense. I must also question the rationale of Woods reasoning. The idea that the details of Richard’s royal title were changed after the June meeting is not a valid inference to draw from the differences between the various chronicle versions and the Parliamentary Roll text. There are many other reasons why they may differ, not the least of which is that the chroniclers misunderstood what was said. Neither does it follow logically that because Crowland quotes directly from the act of succession he is not reporting what actually happened. I must now turn to the substantive legal arguments for and against Titular Regius; in doing so, I will use headings adapted from the main body of Titular Regius.
The ‘feigned’ marriage was made without the knowledge or assent of parliament.
Edward’s failure to get parliamentary approval did not invalidate his marriage to Elizabeth Grey; it was, however, a monumental political mistake since it alienated his most powerful subject, Richard Earl of Warwick (the Kingmaker), and his most ambitious subject and heir presumptive, George Duke of Clarence. Royal marriages were matters of national policy, about which the whole realm had an opinion. A good match with foreign princess bought with it the benefits of alliances, power, prestige and (not to be sniffed at) trade. A king might love where he could; but he married for reasons of state. Edward’s clandestine marriage to Elizabeth Grey was by definition outwith the consent of his subjects. It might not be invalid but it was divisive.
The said ‘feigned’ marriage was achieved by sorcery and witchcraft
Everybody knows that the existence of sorcery and witchcraft was taken more seriously in the fifteenth century than it is today: much more seriously in fact. Fifteenth century English society believed implicitly in God and the Devil; in, the goodness of the Holy Spirit and the badness of evil spirits. The ancient arts of magic were widely acknowledged and took many forms. There were some whose activities were innocent, such as those who used herbal lore for healing the sick, or studied astronomy or astrology; however, there were others who practiced black magic. Significantly, cases of Devil worship, while common on the continent, are unusual in accounts of English witchcraft. On the continent, sorcery and witchcraft were held to be heresy, punishable by the most excruciatingly painful death; whereas in England, it was considered to be a felony and therefore not automatically a capital offence.
If you were high born, however, an allegation of sorcery and witchcraft could have devastating consequences. For example, in 1419, Henry V’s stepmother the Queen Dowager Joan of Navarre was convicted of witchcraft and imprisoned. In 1441, Eleanor Cobham Duchess of Gloucester was convicted of witchcraft and treason; she was imprisoned for life and forcibly divorced from Duke Humphrey. The draftsman of Titulus Regius knew this when he accused Elizabeth Grey and her mother Jaquetta of bewitching Edward IV into a clandestine marriage. It is not, as some historians seem to think, merely an add-on in the case against Edward’s marriage. The use of witchcraft could invalidate a marriage on its own, either because it caused impotence or the bewitched person could not give an informed consent to the marriage. I doubt that impotence was a problem for Edward IV, so this issue turns on consent, which in the canons falls under the heading of ‘force and fear’. ‘The decretal Cum locum begins “since consent does not take place where there is fear or coercion, it is necessary for all coercion to be eliminated when someone’s assent is required. Now marriage is contracted by consent alone, and, when it is sought the person whose intentions are in question should enjoy full security, lest he say out of fear that he is pleased with something he hates, with the result that usually follows from unwilling nuptials.” ‘ 
The trial in 1441 of Eleanor Cobham Duchess of Gloucester on charges of sorcery, witchcraft and treason was a precedent and a model for the accusation against Elizabeth and her mother. It is possible that some of the charges against Eleanor Cobham were fabricated in order to discredit her husband Humphrey Duke of Gloucester; but they were not entirely fanciful, since she had in her service priests of doubtful repute and she was politically ambitious. It was ambition that bought her down and destroyed her husband’s influence at court. In 1440, Humphrey was heir presumptive; if the king should die childless before him, Humphrey would succeed the throne. He was, in the general opinion, a man of power at court and influence over the king, much to the chagrin of his political opponents. Unfortunately, rather than wait for nature to take its course Duchess Eleanor tried to peer into the future to see when Henry would die ‘so that she would be queen.’ It was a foolish mistake since it played into the hands of her husband’s enemies, who were bent on destroying him. Eleanor Cobham was, herself, hated and mistrusted for her vaulting ambition, her self-importance and her voracity. In June 1441, her associates Roger Bolingbroke, Thomas Southwell, John Home and Marjery Jurdane (or Jourdemain, also known as the witch of Eye [-in-Westminster]) were arrested and charged with conspiring to bring about the king’s death: Bolingbroke through necromancy, Southwell by celebrating Mass unlawfully with strange heretical accoutrements and Home for taking part with both. Jurdane confessed that she had been long employed by the duchess as a sorceress to concoct potions and medicines to ‘make Duke Humphrey love and marry her.’ Thus incriminated, Eleanor was questioned by an ecclesiastical court on the accusations of sorcery and witchcraft, and by the King’s Council in connection with an alleged conspiracy to murder the king. At first, she strenuously denied all the allegations, but following the admissions by Bolingbroke and Jurdane, she confessed to five of the twenty-eight charges on the indictment, including the fact that she used witchcraft to make duke Humphrey marry her. After further enquiries, Bolingbroke, Southwell, Home and Jurdane were indicted on counts of treason, felony and sorcery in that ‘on various occasions after April 1440…they had used magic figures, vestments and instruments, and invoked evil spirits to anticipate when the [king] would die.’ It was also alleged that Eleanor Cobham as wife to the heir presumptive wanted to be queen and wanted to know when it would happen. The outcome was, of course, inevitable. Bolingbroke suffered the full horror of a traitor’s death; Jurdane, of a witch’s death. Southwell died in custody before he could be brought to the scaffold (suicide?). Home was pardoned.
For her spiritual offences, Eleanor Cobham was condemned by an ecclesiastical court of bishops to do public penance and divorced from her husband. She was never tried on the charge of treason. Instead, the King’s Council made administrative arrangements for her to be imprisoned for the remainder of her life. Duke Humphrey was by this time powerless to protect her. Nonetheless, her imprisonment without trial raised certain ‘doubts and ambiguities’ in the minds of some, about whether her case had been resolved by due process of law. It was clear that English peers were entitled to be tried by the judges and peers of the realm; however, there was no provision for the trial of a peeress. Consequently, in 1442 a petition was presented in parliament ‘that all doubt and ambiguity about the trial and judgement of (Eleanor Cobham’s) conviction for treason and felony be removed’. The trial for peeresses was put on the statutory basis that the ‘judges and peers of the realm’ must try them. Eleanor Cobham died still a prisoner in 1457.
The allegation that Elizabeth and her mother had bewitched Edward into marriage is not the only allegation of witchcraft made against members of the Yorkist royal family: nor is it even the first. During Warwick’s rebellion of 1469/70, while the king was a prisoner in Warwick castle, Thomas Wake, one of Warwick’s men, accused Jaquetta of witchcraft. The details of her offence are obscure but it seems that Wake brought to the castle a small lead figure fashioned like a man. The figure was broken in the middle but had been repaired with wire. Wake said that Jaquetta made the figure for use in witchcraft. He also produced John Daunger a witness who said that Jaquetta had two more figures: one for the king, the other for the queen. As there is no accusation that she actually used the figure for supernatural purposes and unless it was held that the mere possession of a lead figures amounted to witchcraft, it is difficult to see on these facts what evidence there was to justify a prosecution. But that is hardly the point, since this accusation was, in all probability, an early attempt to impugn the validity of Edward’s marriage to Elizabeth; and it had Warwick’s bungling footprints all over it. Fortunately, for Jaquetta, the outcome was as predictable as the allegation. Edward recovered control of the kingdom and, unsurprisingly, the case against Jaquetta collapsed. Wake, who had a personal grudge against Jaquetta’s husband, Lord Rivers, was accused of being malicious and Daunger retracted his evidence. In February 1470 the King’s Council (Warwick being present) formally exonerated Edward’s mother-in-law.
Accusations of witchcraft continued to hound the royal family. The duke of Clarence’s conviction and execution for treason has its genesis in the earlier trial and convictions of Thomas Burdet, John Stacy and Thomas Blake for imagining the king and his heir’s deaths by necromancy. Burdet was a servant and close personal friend of Clarence. His involvement in a treasonous plot that could only benefit Clarence, threw suspicion on the duke who made things worse by challenging, what seems to have been, a just conviction and by accusing the king of practicing necromancy. In 1483, Gloucester accused Elizabeth Woodville and her supporters of forecasting his death. I think we can disregard the assertion of the later Tudor historians that he also accused Elizabeth of bewitching his body. King Richard has, himself, disproved that possibility from the grave. I do not offer these examples as proof of the allegation in Titulus Regius but as an indication of the notoriety and significance of witchcraft/sorcery within Yorkist royal circles. The draftsman of Titulus Regius obviously appreciated this point since he inserted a clause at this point stating that the invalidity of Edward IV’s marriage to Elizabeth Grey was a matter of public notoriety; thus reversing the burden of proof. In law, if something was so well known as to be notorious ‘neither witness nor accuser is necessary’. Henry Kelly’s assertion that notoriety only applied to the witchcraft charge and not to the pre contract is irrelevant, since Titulus Regius raised a presumption that the marriage was invalid and everybody knew it was; therefore the burden of proving it was valid fell on Edward and Elizabeth’s children or Elizabeth. Furthermore, Edward’s marriage to Eleanor Butler was secret; it could not by definition be notorious.
That is an important point since the circumstances of the wedding are inconclusive. The best account comes from the pen of Robert Fabyan and was written thirty years or more after the event he describes.
‘In most secret manner, upon the first day of May, King Edward spoused Elizabeth, which spousals were solemnised early in the morning at a town called Grafton, near Stony Stratford; at which marriage were no persons present but the spouse, the spousess, the Duchess of Bedford her mother, the priest, two gentlewomen and a young man to help the priest sing. After which spousals ended, he went to bed, and so tarried there three or fours hours, and after departed and rode again to Stony Stratford, and came as though he had been hunting, and there went to bed again’
It is a plausible story of a secret marriage; the date and the location of the king are corroborated from contemporary records of his known movements. There is nothing substantive in this narrative to support the proposition that Edward was bewitched into a marriage he did not want other than Fabyan’s insinuation about ‘What obloquy ran after this marriage, how the king was enchanted by the Duchess of Bedford and how after he would have refused her‘, which, infuriatingly, he passed over, along with ‘many other things concerning this matter’. This and perhaps the fact that the 30 April was St Walpurgisnacht (otherwise known as the ‘night of the witches’), has encouraged speculation that Edward might have attended a Black Mass at Grafton at which potions, and aphrodisiacs were used to enhance sexual pleasure and to deprive Edward of his senses, so that he could not say no to the marriage. It is not impossible that that is indeed what happened but this material does not prove it. The contrary argument is that Fabyan got the date wrong; the wedding actually took place much later, possibly in August. This argument is based on the premise that Edward is unlikely to have been able to keep his marriage a secret for five months, and that some grants made by the king would seem to be unnecessary if he had just married Elizabeth ‘who could be expected to give him an heir of his own body.‘ It is an explanation for Edward’s delay in revealing the marriage but not necessarily the explanation. The problem with this speculation is, however, that it flies in the face of the facts. Edward plainly did escape his attendants to marry Elizabeth in secret. It’s hard to believe that a man of his resourcefulness and sexual appetites could not successfully repeat the exercise. On the second point, there was no guarantee that the queen would or could bear him a son; indeed, she did not actually do so for six years. Besides, there are many other reasons why Edward might have made the grants. It might, for example, have been patronage expected of him by people who knew nothing of his marriage to Elizabeth and he did not wish to encourage their speculation by not making these grants, which on the face of it were reasonable.
Ultimately, I believe that the actual circumstances of the wedding are beside the point. The invalidation of Edward’s marriage on the ground that he was bewitched did not (in 1483) turn on proof that he was actually bewitched. Titulus Regius was expertly worded so that it was sufficient for the accusation of witchcraft to be plausible not only because of the notoriety surrounding previous allegations of witchcraft within the royal family but also because for many of the King’s subjects it was the only possible explanation for his otherwise inexplicable marriage to a commoner with no dowry or assets, and a large and voracious family to support.
The said feigned marriage was made privately and secretly
The historian Mortimer Levine dismisses the clandestinity of this marriage as a matter of no consequence. He argues that clandestine marriages are valid, binding on the parties and enforceable in law. He is right in principle, but he has over simplified the law in 1483 and jumped to the wrong conclusion. In the fifteenth century, questions of legitimacy were not determined solely on the basis of whether the parents were validly married. There were many subsidiary principles used to determine legitimacy, the most famous being ‘legitimisation by subsequent marriage’. This principle also relied on the parents’ good faith. The reasoning was that parents and children should not be penalised for their ignorance of an impediment. If one of the parents was unaware of the impediment, the children of that union were presumed to be legitimate in law. However, it is unnecessary to consider this issue as the clandestinity of Edward and Elizabeth’s marriage raises the presumption of bad faith, which puts them outside this rule. If their marriage had been open, with banns declared, people would have had an opportunity to object and Edward’s previous marriage to Lady Eleanor Butler might have come to light. Contrary to what Levine says, the secrecy of their wedding is far from irrelevant; it goes to the heart of the problem of their children’s illegitimacy.
Edward had made a contract of matrimony long before he made the feigned marriage
The pre-contract raises two objections; first, that the pre-contract is an invention and second that in any case it would not, on these facts, bastardise Edward’s children. The first objection is a question of fact and turns on the supposed absence of written proof of Stillington’s allegation. It this perceived gap in the paper trail, which sceptics use to challenge the existence of the pre-contract. However, to suggest that there is no written evidence of Edward’s prior marriage is plainly nonsense in the face of the documents we do have: the Parliamentary Roll’s, which confirms the prior marriage, Commynes’ memoirs naming Stillington as the ‘whistle blower’, officiate and only witness apart from the bride and groom, and the Crowland Chronicle. What we do lack, however, is Stillington’s written testimony; we also lack the type of circumstantial detail that adds colour to the bishop’s revelation: the who, what, when, where, how and why questions. Common sense suggests that the mere fact that it was a secret ceremony precludes the possibility of any written contract or promise and it is difficult to know what else would satisfy the sceptics if they doubt even parliament’s integrity in accepting the petition verbatim. Anyhow, it does not necessarily follow from the absence of written proof that Stillington was lying, or that he and Gloucester conspired to tell lies. Moreover, the absence of such written testimony or other proofs is hardly surprising due to the fact that in 1485, King Henry VII was intent in suppressing all knowledge of King Richard’s royal title.
He ordered Titulus Regius, to be repealed without being read (itself unusual in the annals of parliament). The repeal of Titulus Regius was necessary to bolster King Henry’s own weak title, which depended on the legitimacy of his wife Elizabeth of York, daughter of Edward IV. However, his order that all copies should be ‘annulled and utterly destroyed’ on pain of punishment suggests there was more to it than that. Titulus Regius was, he said, ‘to be cancelled, burned and put into oblivion’. Henry’s intention was by his own admission to ensure ‘…that all things said and remembered in the said bill may be forever put out of remembrance and forgot.’ His explanation that he could not bear to have this infamy of his wife and her family remembered is doubtless true but it is not the whole truth. It was a blatant attempt to rewrite the history of King Richard’s royal title. I take Horspool’s point that it doesn’t necessarily follow that Henry thought the pre-contract story was true. However, when coupled with the arrest and subsequent pardoning of Stillington and Henry’s refusal to allow the bishop to be examined by his judges on the facts of the pre-contract, then the inference that he may have had something to hide is almost irresistible. At a time when King Henry would have welcomed proof positive that the pre-contract was a slanderous lie, he chose to suppress it rather than disprove it.
Neither are there any grounds for doubting Stillington’s credibility as a truthful witness to the marriage. Nobody has produced evidence that he invented the pre-contract story either on his own or as part of a conspiracy with Gloucester (as he then was), or that he allowed Gloucester to put him up to it. He did not receive any discernable reward for his revelation there is little force in the assertion that the pre-contract story was known to be false at the time. The only doubts that were expressed came from sources in southern England after his death, at a time when Henry VII was actively suppressing the true history of Titulus Regius.
The pre-contract story was also credible to King Edward IV’s subjects. His promiscuity was notorious. Crowland describes him in general terms as ‘a gross man so addicted to conviviality, vanity, drunkenness, extravagance and passion.’ Mancini is more descriptive:
‘He was licentious in the extreme: moreover it was said that had been most insolent to numerous women after he had seduced them, for, as soon as he grew weary of the dalliance, he gave up the ladies much against their will to the other courtiers [Hastings, Rivers and Dorset?]. He pursued with no discrimination the married and unmarried the noble and the lowly: however he took none by force. He overcame all by money and promises, and having conquered them, he dismissed them.’
Finally, it is important to bear in mind that the draftsman of Titulus Regius had no need to allege bigamy. As I have already argued, the charge of witchcraft and the claim on notoriety were sufficient to invalidate Edward’s marriage to Elizabeth without the need of a court judgement. If the pre-contract story was not true it’s inclusion in Titulus Regius was a dangerous embellishment, a mistake of the first magnitude, which I do not see such a careful draftsman making.
The second objection raises two questions of law, which I shall deal with individually.
The Constitutional question
The constitutional question is simply whether Parliament had authority to determine the validity of Edward IV’s marriage to Elizabeth and the legitimacy of their children. The gist of the argument against parliament is that as a ‘secular court’ it had no such authority, which lay exclusively with the church courts. It is a superficially strong objection against Titulus Regius and no less so for being the first, and the only remotely contemporary one. The Second Continuation of the Crowland Chronicle contains this passage.
‘At this sitting  parliament confirmed the title by which the king in the previous summer ascended the throne and although that lay court found itself (at first) unable to give a definition of his rights, when the question of the marriage was discussed, still, in consequence of the fears entertained of the most persevering (of his adversaries), it presumed to do so, and did so.”
I have used Henry Riley’s nineteenth century translation because in my personal opinion, modern translations that simplify the text in the interests of clarity or ‘good English’ lose too much detail in the process. They are also symptomatic of a general dumbing down of discussion about Titulus Regius by historians. I believe Riley’s text is more accurate and better captures the events and the atmosphere in parliament: the difficulty in defining the king’s rights, the fact that it was only enacted after a debate and the great fear that afflicted even the most resolute. I feel sure that these emotions were present and expressed. We get an idea of the issues that troubled parliamentarians from John Russell’s draft sermon, which he prepared for the opening of parliament. Russell clearly opposed the enactment of Titulus Regius in the form of the petition. He went so far as to describe it as ‘a document conceived in malice and ending in corruption’. It is impossible to believe that after hearing the Lord Chancellor’s explosive sermon criticising the petition and the petitioners, the matter was not debated with keen interest on all sides. It is true that the debate is not recorded in the Parliamentary Roll but we know from an MP’s extant diary of the 1485 parliament that such debates took place, especially on important issues such as the royal title.
Russell was not of course advocating that parliament should refuse to validate Richard’s succession: far from it. His objection was to process and not outcome. He argued that to ratify Richard’s title by inheritance was fraudulent because it was based on ‘false’ information and because it involved a determination on the validity of Edward’s marriage, which he believed parliament should not do. Russell feared above all things division and sedition. He had in mind the October rebellion, which was indicative of the continuing divisions in the English polity. He believed that Titulus Regius in this form was more likely to result in a disputed succession and civil war. He saw the need for an exclusively political solution, which he believed would avoid stepping on the Church’s toes and being more honest and open was something the realm could come to accept. Although he doesn’t say exactly what he had in mind it was probably a simple declaration by parliament that the crown was vested in King Richard and his heirs forever. Russell’s sermon also contained the following statement on the nature and authority of parliament
‘In this great body of England we have many diverse members under one head. How be it they may all be reduced to (iij) chief and principal, which make this high and great court at this time, that is to say the lords spiritual, the lords temporal and the commons.’ 
That is a reference to parliaments political role; significantly, Russell does not imply that parliament is in this instance acting in its judicial capacity. Even so, there was a problem with the notion that parliament could simply declare Richard as king; it, would have been unacceptable to Richard. He was weaned on the Yorkist doctrine of ‘strict legitimacy’ (succession by inheritance). No medieval English king could willingly accept a ‘constitutional’ title granted by parliament since a) it undermined the divinity of kingship and b) what parliament gave it could take back.
Richard harshest biographers suggest that it was fear of his reprisal that encouraged parliament to pass the Act of Settlement; but I disagree for three reasons. First, the sources for these statements are questionable since they are based on hearsay and they only emanate from Richard’s political opponents. Second, no reprisals were taken against Russell despite his public opposition to the petition, he was not discriminated against or ‘punished’ in any way and continued to serve King Richard throughout his reign. The whole theme of Russell’s sermon was unity, which brings peace and stability. I do not think it was the fear of Richard or his henchmen that afflicted the MPs, but fear that a disputed succession would result in a resumption of the Wars of the Roses. Third, the Parliamentary Roll for the 1484 sets out Titulus Regius in full, adding simply that the bill was read, heard and fully understood by everybody present, and that the lords and commons agreed to it. As Rosemary Horrox points out “The enrolled text becomes a statement of the king’s right (and a very detailed one), but there is no suggestion that it was the king’s statement of that right. As presented here (in the Parliamentary Roll), Richard is entirely passive: his only input to receive the bill and send it to the commons for approval. The lords then gave their assent, and the king, with that assent declared the contents of the bill (and therefore the Roll) to be true.” It would seem that king Richard was deliberately distancing himself from the bill. This may have been in part due to his realisation that the decision the decision to challenge the validity of Edward IV’s marriage was contentious. It is also worth noting Horrox’s later opinion that although parliament seems to be acquiescent “… the impression from the Roll is that this was something to be earned. There is no suggestion, as the hostile Crowland Chronicler insisted, Richard was browbeating parliament from a position of strength.”
The depositions of Edward II and Richard II are testament to the need for parliamentary assent to the dethroning of a crowned and anointed monarch. The Duke of York’s disputed claim to the throne in 1460 is further evidence that a disputed royal succession was a matter of state, which could only be resolved by the king and parliament. The precedents therefore support the necessity for parliamentary assent to a royal succession where the title is controversial. Naturally, those involved in the fourteenth century depositions had to conform to the legal niceties; nevertheless, the decision in each case was political as was the outcome. The situation in 1483 was completely different; it was, to use legal jargon, sui generis (unique). Both Edward II and Richard II were demonstrably unfit to rule. Whereas, Edward V was a minor; he had not been crowned and was too young to be guilty of misrule. The attack on the validity of his parent’s marriage was therefore a device to give sufficient cause for Edward’s deposition and the barring of his siblings from the line of succession. The overriding raison d’état was the fear that Edward V’s minority would result in Woodville hegemony and a resumption of civil war. On that basis alone, the proposition that only the church courts had jurisdiction, is a doubtful one. To explain that argument I must delve briefly into the evolution of parliament into the king’s court of justice and a national assembly made up of the ‘three estates of the realm’.
In the beginning, the feudal parliament was the king’s court; it was the highest court he had. From the thirteenth century, it began to develop a dual role as a court of law and a political body involved in affairs of state. It became not just the king’s highest court but also his most solemn council. By the fifteenth century, the concept of parliament as a nationally representative body was prominent. Henry V famously told the Pope that he couldn’t change English law without the assent of Parliament. In 1420, the Treaty of Troyes had to be ratified by the English Parliament. By 1467 the Lord Chancellor, Robert Stillington was able to declare that justice depended on the ‘three estates’ of the realm that sat in parliament. It is in that context that Dr AR Myers considers that Parliament’s declaration of Richard III’s legitimacy and Edward V’s bastardy, and their recognition of Richard’s hereditary right, ‘justly grounded on the laws of God, nature and the realm’, was the most important step in the evolution of parliament at that time. ‘This is’, he writes, ‘a specially striking example of the way that the older notion of parliament had had grafted onto it the idea of a national assembly acting on behalf of the three estates, combining with the king to provide an authority of parliament, which would otherwise have been lacking.’  The importance of this declaration cannot be overestimated since it sets out clearly parliament’s own definition of its authority and why it acted as it did on the question of the royal title. After acknowledging that the people at large may not have understood the royal title expressed in the petition, the declaration continues.
‘And moreover, the court of parliament is of such authority, and experience teaches that the people of this land are of such nature and disposition that the manifestation and declaration of any truth or right made by the three estates of this realm assembled in parliament, and by authority of the same, before all other things commands the most faith and certainty, and in quieting men’s minds, removes the occasion of all doubt and seditious language. Therefore at the request and by the assent of the three estates of the realm, that is to say the lords spiritual and temporal and the commons of this land assembled in this present parliament by authority of the same, be it pronounced, decreed and announced that our said sovereign lord the king was and is the true and undoubted king of this realm of England … by right of consanguinity and inheritance, as well as by lawful election, consecration and coronation.’
So there we have it: parliament did not regard itself as a judicial body giving judgement in a court case. Indeed, it could not do so in the name of the three estates since the commons lacked judicial authority. Only the lords in parliament had the power to try court cases bought before them. The bill was passed as an Act of Settlement to which the king and the three estates assented.
It is right to say, as Chrimes does, that whatever the prevailing relationship was between state and church, ‘ecclesiastical courts were neither expected nor required to enforce statutes in cases within their jurisdiction’. Furthermore, fifteenth century civil judges were usually careful not to encroach on the English Church’s rights or authority where spiritual matters were concerned. Even so, the exclusivity of canon law in the ecclesiastical courts did not stop Parliament from passing statutes prescribing their jurisdiction and, on occasion, supplanting canon law. Legislation was also enacted to prevent canon law overriding substantive ecclesiastical law; even matters that fell well within the Church’s purview did not escape statutory definition. For example, issues related to temporalities, sanctuary, benefit of clergy, legitimacy by subsequent marriage and heresy were not left entirely to Church judgement. This was especially so, on cases (like this) that touched the boundary between church and state. By the last quarter of the fifteenth century statute law had surpassed common law and some canon law in importance. The view that parliamentary statutes bound judges was prevalent even then.
Even if we accept for the purposes of argument that a church court ought first to have determined the question of legitimacy, it was simply impracticable. First there is the problem of the ‘law’s delay. Following the sovereign’s death, time is of the essence. His successor has to assume the reins of government speedily to ensure the continuous peace, prosperity and defence of the realm. Litigation in those circumstances would have been unduly time-consuming. And it would also have raised the possibility of an appeal to the Pope, which were to happen would have had political repercussions rendering any legal judgement nugatory. It is unlikely that the English Parliament would accept the notion that a foreign power could determine the next king of England in a courtroom. Third, there is the factional dimension; a purely legal judgement was unlikely to resolve the factional dispute underlying this whole episode, or reduce the risk of civil war. The royal succession could not be decided by a lawyer or a foreigner or in any way that ignored the realpolitik in which the whole question of Edward V’s legitimacy arose. A legal solution was impossible to achieve in 1483.
The claim of Edward of Warwick
Finally, I must address the claim that even if Edward IV’s children were illegitimate, Edward of Warwick was the rightful heir to the throne ahead of Gloucester. Mortimer Levine challenges the view that Edward of Warwick was barred from succeeding because his father was an attainted traitor. There are two limbs to Levine’s argument. First that Clarence’s Act of Attainder only specifically barred Edward of Warwick from inheriting his father’s ducal title and second, the common-law principle against attainted people from inheriting, does not apply to the royal succession. By way of example, he cites Henry VI and Edward IV, both of whom succeeded to the throne after being attainted. Levine regards Clarence’s attainder as unimportant and an excuse to bar Warwick from the crown, and a legal pretext for Gloucester’s usurpation. He may be right about Warwick’s exclusion being a pretext but he has, nonetheless, underestimated the importance of the attainder and the difficulties posed for young Warwick. Professor Lander has described the attainders passed on the Yorkists in 1459, which gives us a feel for the nature of attainment “ They were to suffer the most solemn penalty known to the common law. Treason was the most heinous of all offences. Its penalties ruined the traitor’s descendants as well as the traitor himself. The offender was held worthy of death inflicted with extremities of bodily pain…his children, their blood corrupted, could succeed to neither the paternal nor the maternal inheritance. The traitor died in the flesh, his children before the law.” The children of an attainted traitor lost all their civil rights. They had no status. Some even questioned their right to live after attainder. It’s true, that that Henry VI and Edward IV succeeded to the throne after they were attainted, but they both had powerful armies at their back to enforce their right. In 1483, nobody was interested in supporting the child of traitor, who was incapable of ruling England anyway. It is quite possible that if a strong faction of nobles had supported him, his attainder might have been reversed. However, that never happened.
There is something Dickensianly repellent about a ‘wicked uncle’ who, to benefit himself, deprives his nephews and nieces of their just inheritance through legal trickery and sharp practice; that is the opinion of King Richard III that persists. The reason for this, is found in the historical treatment of the king beginning in the sixteenth century and continuing to the twenty-first century. The early histories were influenced by the Tudor narrative, which described King Richard as irredeemably wicked. Later historians have, with a few exceptions, followed suite. The historiography is marked by a tendency to simplify the issues to overcome gaps in the evidence and to judge King Richard through the prism of modern attitudes and culture. Nowhere is this more apparent than the historical treatment of Titular Regius. It is natural that some people will think there is something unjust and dishonest about depriving children of their rights without them being heard. We don’t need the Tudor histories to realise that King Richard’s contemporaries had doubts and uncertainties about the manner by which he came to the throne, or that his title was ambiguous to some; we know that this was so from contemporary documents. Moreover, we also know that those doubts uncertainties and ambiguities were expressed at the time and they were resolved by the national Parliament. The problem. I have tried to highlight in this article is that the intellectual debate about the events of 1483 has become personalized and is prejudiced. Insufficient attention is paid to the realpolitik of the time. The underlying fear was of a resumption of the Wars of the Roses and was the driving force behind Edward V’s deposition. There was no appetite for a boy-king in such highly charged circumstances, especially one controlled by the Woodvilles
Although I have little doubt that Parliament was empowered to enact Richard’s Act of Settlement, I sympathize with Chancellor Russell’s view that to enact the petition verbatim was not the best way to resolve the doubts, uncertainties and ambiguities of doubters. it was possibly even disingenuous, in that it used the law to mask a crude political act. Having said that, I cannot escape the fact that the bill seemed to have been passed through the three estates without a mention of dissent in the Parliamentary Roll. I believe that those who argue that this was through fear of Richard and his henchmen do parliamentarians a disservice by suggesting they were so craven. Ultimately, the importance of Parliament as the national law–making institution under the King’s estate transcended the canon and the common law in resolving state issues of this weight and importance
I have written elsewhere of my belief that Richard III was an exceptionally brave man in the fullest sense: on the battlefield and in the council chamber. I also believe he liked to do the right thing. Evidence of these qualities and his potential for good are seen in the significant judicial reforms he made in what was his only parliament. However, I believe he relied overmuch on his courage to overcome all obstacles: consequently, he did not always do the right thing for himself. The thorny question of his royal title is arguably one of those issues wherein he might have done better to temper his strong sense of right and wrong with a more realistic stance. A simple parliamentary declaration that he was king would not have softened the blow for Edward IV’s children or have met the Yorkist ideal and it was not in his nature be less than the man he was; nevertheless, it may have had a better chance of acceptance, thus enabling him to consolidate his reign.
 A Conan-Doyle – The Adventures of Sherlock Holmes (Penguin 1981) p.1
. Horace Walpole -The Historic Doubts and Refutation of the Traditional Account of Richard III’s life and reign (1768) published in Paul Murray Kendall (editor) – Richard III: the Great Debate (Folio Society 1965)
. Charles Ross – Richard III (Yale 1999) at p.64. This is still considered to be the standard biography of Richard III
. Ross at p. LXVI
. John Gillingham (editor) – Richard111: a medieval kingship (Collins & Brown 1993) passim
 David Horspool – Richard III: a ruler and his reputation (Bloomsbury 2017); Chris Skidmore – Richard III: brother, protector, king (Weidenfield & Nicolson 2017)
 . Phillipé De Commynes – Memoirs: the reign of Louis XI 1461-1483 (Penguin 1972) pp.353-354.
. Sir James Gairdner – History of the Life and Reign of Richard III (Longman Green 1878) pp.113-115.
 Sir Clement Markham –Richard III: his life and character (Alex Struick 2013 paperback edition) at p.101.
 Alison Hanham – The Cely Letters (EETS Oxford 1975) pp. 159-160. Stallworth’s correspondence is helpfully reproduced in full in Peter A Hancock- Richard III and the murder in the Tower – (The History Press 2011) Appendix 1, pp.158-59
 Hanham (Cely Letters) pp.184-85; see also Michael Hicks – Richard III (Tempus 2000 edition) p.45, for a different translation of this letter.
 The Book of Wisdom, Chapter 4, Verse 3 ‘Bastard slips shall not take deep root, nor take firm hold.’ Scholars generally agree that the book of Wisdom deprecates any compromise with false idolatry. Richard’s strong sense of right and wrong was probably in tune with such views.
 AH Thomas et al [eds] – The Great Chronicle of London (London 1938) pp.231-233
 Paul Murray Kendall – Richard the Third (Geo Allen & Unwin, 1955) p.477, note 21
 AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III (Oxford, 1969) at p. 95
 The Great Chronicle; ibid
 Mancini p. 97
 SB Chrimes – English Constitutional Ideas in the Fifteenth Century (Cambridge 1936) pp.123-125
 Chris Givern-Wilson [Ed] – The Parliamentary Rolls of Medieval England 1275-1504 (Boydell 2005), Vol XV. Rosemary Horrox [Ed] – Richard III 1484 p.14 [PROME]
 PROME pp.14-18
 Charles T Wood – The deposition of Edward V (Traditio Vol.30, 1935) p.236
 Anne Sutton-Richard III’s ‘Tytylle & Right’; a new discovery (Ricardian, Vol IV, No 57, June 1977) pp. 2-8, together with subsequent correspondence with Charles T Wood in J Petre (ed)-Richard III: crown and people (Richard III Society 1985) pp.51-56.
 David Horspool-Richard III: a ruler and his reputation (Bloomsbury 2017 edition) pp.164-165 and 290, note
 I am summarising three articles about this matter. Mary O’Regan – The Pre-Contract and its Effect on the Succession in 1483 (Ricardian) Vol IV, No 54 (Sept 1976) pp. 2-7; this is reproduced in Richard III: crown and people pp. 51-56; also, Anne Sutton (Tytylle & Right) ibid; also R H Helmholz – The Sons of Edward IV, a Canonical Assessment of the Claim they were Illegitimate, published in PW Hammond (ed) – Richard III: loyalty, lordship and law (Richard III and Yorkist Historical Trust 1986) pp. 91-103.
 HA Kelly – The Case Against Edward IV’s Marriage and Offspring: secrecy, witchcraft: secrecy: pre-contract (Ricardian Vol. XI No.142 September 1999) pp. 329-330.
 Ralph Griffiths – The Trial of Eleanor Cobham: an episode in the fall of Duke Humphrey of Gloucester (Bulletin of John Ryland’s Diary 1969) 51(2) pp. 381-399
 Griffiths ibid
 Griffiths ibid
 Michael Hicks – False, Fleeting, Perju’d Clarence (Alan Sutton 1980) chapter IV passim; see also, John Ashdown-Hill – The Third Plantagenet: George Duke of Clarence (History Press 2014) chapters 11 and 12 passim. Both these biographies deal with the issues of the Burdet trial comprehensively and each contains a nuanced interpretation of events. David MacGibbon’s claim that Clarence accused Elizabeth of witchcraft did not form part of the accusation against him at his trial (See David MacGibbon – Elizabeth Woodville (Amberley 2013) pp.104 and 216, notes 18 and 21.
 PROME ibid
 PROME ibid; see also Helmholz p.98
 Annette Carson – Richard III: the maligned king (History Press 2014) pp. 138-140 citing WE Hampton- Witchcraft and the Sons of York (Ricardian March 1980)
 David Baldwin -Elizabeth Woodville (History Press 2010) pp.10-11, pp150-154 passim; Susan Higginbottom – The Woodvilles (History Press 2015) pp.31-32
 Mortimer Levine – Tudor Dynastic Problems 1460-1571 (George Allen and Unwin 1973), esp pp.28-31; Professor Levine is a historian and not, in the legal sense, an expert witness on 15th century canon law.
 See John Ashdown-Hill – The Secret Queen: Eleanor Talbot (History Press 2016) pp.120-139 for an intriguing discussion of the circumstances of Edward’s alleged marriage to Eleanor: how they met, became lovers and were secretly married. See also Peter A Hancock – Richard III and the murder in the Tower – (History Press 2011) pp.33-43 for an alternative theory. Like all conjecture these theories are based on inferences drawn from circumstantial evidence. Though both theories are credible, differences in detail suggests that at least one of them is wrong.
. Nicholas Pronay and John Cox (editors) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.153.
. Mancini p.67
 Levine ibid
 Helmholz ibid
 Henry Riley (Trans) – Ingulph’s Chronicle of the Abbey of Croyland with continuations by Peter Blois and anonymous authors (London 1854); see also Pronay and Cox, pp.169-170, which is an honest attempt to provide scholars with a serviceable edition of the second continuation. However, the authors’ simplification and modernization of complex Medieval Latin has changed the sense significantly, as can be seen by the following extract, which is provided for comparison. “…I come to the parliament which began about the 22 January (1484). In that assembly indeed the title by which the king, in the previous summer, had ascended to the height of the crown was corroborated even though that lay court was not empowered to determine on it since there was a dispute concerning the validity of a marriage, nevertheless, it presumed to do so and did so on account of the great fear affecting the most steadfast.” It is also worth considering Alison Hanham’s pithy translation, which is due, in part to her desire to translate Medieval Latin into ‘good English’. ‘Over and beyond confirmation of the title by which the king had ascended to the dignity of the crown the previous summer, that lay court took it upon itself to give a ruling on the validity of a marriage. It could not do so, but it did because of the great fear that afflicted the most staunch.’ (Alison Hanham – Remedying Mischief; Bishop John Russell and the royal title. [Ricardian Vol.12, No.151, December 2000 p.146])
 Nicholas Pronay et al – Parliamentary Texts of the Late Middle Ages (Clarendon, Oxford 1980) at p.186 (“A Colchester Account of Proceedings in Parliament 1485, by representatives of the Borough of Colchester Thomas Christmas and John Vertue’)
 Russell’s drafts are reproduced by JD Nichols [Ed] – Grants etc. from the Crown during the reign of Edward V (Camden Soc 1854) pp.xxxv-Lxiii; and also by Chrimes pp. 167-191; the draft sermons are also discussed extensively by professor Alison Hanham (Remedying Mischief) passim; see also PROME pp.2-4, 8. 
 Chrimes ibid
 Horspool pp. 161-165 passim; Horspool prefers innuendo to outright statement but it is clear the he damns Richard’s motives and his methods. Its a pity therefore that he undermines the credibility of his argument by cherry picking his examples and, even then, getting some of the facts wrong. For example, he states that Richard’s use of the pre-contract to bastardize Edward broke with ‘established precedent principally in not giving the children in question or their mother a chance to reply’. It is an erroneous point, since there was no ‘established precedent’ for this situation; it, was unique. What precedent does show, is that no king could be deposed without the assent of ‘three estates of parliament’ and it is in that context, and not a court case that the deposition should be seen. See also Skidmore pp.184-195.
 Pronay and John pp.169-171
 See PROME Vol XV pp. 5 and 7
 Anne Curry and R.E. Horrox – 1460 PROME, Vol XII, Henry VI Parliament, October at pages 510 and 518. Even though the situations in 1460 and 1483 were different, the principle that the royal accession was not justiciable was well established
 A R Myers – Parliament 1422 -1509 [published in RG Davies & J H Denton (eds) – The English Parliament in the Middle Ages (Manchester UP 1999 edition) pp.153-154].
 PROME Vol XV ibid; see also Myers p.153
 For the text of Titulus Regius see Rolls of Parliament (Rotuli Parliamentorum), 6 volumes (London 1776-77) vol. 6, at pp.240-42. A photographic facsimile of the original (with the seal shown) is available online at http://partyparcel.co.uk . There are two versions: the first in Middle English and the second with modern spelling. Despite some suggestion that Titulus Regius is not an ‘Act of Parliament’, it clearly is. It states the ‘law’ of the land insofar as king Richard’s royal title is concerned. It is also is described in the Statute Book as an ‘Act of Settlement’. An ‘Act of Parliament ‘ is defined at: http://www.parliament.uk/about/how/laws/acts/
 Chrimes p.285
 Chrimes pp.285-288; see also Myers pp. 146,149 and 153
 Chrimes ibid
 J R Lander – Government and Community 1450-1509 (Edward Arnold 1980) p.203; see also J G Bellamy – The Law of Treason in the Later Middle Ages (Cambridge UP 1970) pp. 8-9, 13 and 21. Although the punishment of traitor depended on royal clemency, it usually involved a particularly gruesome, humiliating and painful death and forfeiture of everything the traitor owned. The children of an attainted man could inherit nothing from their father; as professor Bellamy points out, if he succeeded to anything after the attainder, it would happen by grace rather than right. One commentator even questioned why a traitor’s children should be suffered to live at all.
 See Charles Ross – Edward IV (BCA 1975) p.155, in which professor Ross discusses Clarence’s exemplification as Henry VI’s heir. See also Levine pp. 26-27 for his opinion. It is interesting to ponder Edward of Warwick’s wider significance as a Yorkist heir once Titulus Regius was repealed. Henry VII’s response was to keep the hapless boy imprisoned in the Tower until he was old enough to be decently executed.
 PROME Vol XV p. 97; this was the solution to the conundrum of Henry VII’s lack of a royal title. In stark contrast to elaborate the justification of Richard’s title in Titulus Regius, Henry VII, in his first parliament, simply declared that the crown and all its possessions was vested in Henry and the heirs of his body forever and had been so since the 21 August 1485: justification was deemed unnecessary.
Tomorrow is the 534th anniversary of the council meeting in the Tower that culminated in the arrest of Hastings. There have always been inconsistencies in accounts of that day, but the one I am concerned with is whether or not that treacherous snake, Thomas Stanley, was present. You see, according to whose version one reads, at the climactic moment of Hastings being accused of treason, Stanley could have:-
You pays your money, and you takes your choice.
So, in an (ultimately unsuccessful) pursuit of the truth, I have tried to pinpoint mentions of him. To do this, the early chronicles etc. have to be consulted. I am not a historian or scholar, so I turned first to the truly excellent William, Lord Hastings, and the Crisis of 1483: An Assessment by Wendy Moorhen (Richard III Society). She examines these early accounts, and the following extracts are taken from her work.
“…[According to the Great Chronicle ‘Upon the same [day] dyned the said lord hastynges with him [Richard] and afftyr dyner Rode behynd hym or behynd the duke of Bukkyngham unto the Towyr. When all were assembled a cry of treason was uttered and the usher burst upon ‘such as beffore were appoyntid’ and arrested Stanley and Hastings, the latter being executed without ‘processe of any lawe or lawfully examynacion’…
“…Mancini portrays the events as beginning with Hastings, Rotherham and Ely making a customary call upon Richard in the Tower at ten o’clock. The Protector at once accused them of arranging an ambush upon him ‘as they had come with hidden arms’ and again, by pre-arrangement, soldiers entered the room, this time accompanied by Buckingham, and despatched Hastings forthwith. ‘Thus fell Hastings, killed not by those enemies he had always feared, but by a friend whom he had never doubted…’
“…Crowland merely reported: ‘On 13 June, the sixth day of the week, when he came to the Council in the Tower, on the authority of the Protector, Lord Hastings was beheaded‘.
“…In More’s account…the most colourful and detailed version…During the scuffle Stanley received a blow that knocked him under a table, with blood about his ears, then with Rotherham and Morton, he was arrested. and they were taken to separate rooms while Hastings briefly made his confession, the Protector having declared he would not eat ’til I se thy hed of’…”
“…It is noticeable after reviewing these different accounts that Thomas Stanley only appears in the Tudor versions. Perhaps his fame was not so great in 1483 when Hastings, Morton and Rotherham took centre stage, but it is worth noting that although he is included with the plotters retrospectively, yet less than three weeks later he carried the constable’s mace at Richard’s coronation. Did Stanley, as the step-father of King Henry VII, need to be seen, in retrospect, as acting against Richard?…”
I move on to other accounts, mostly modern. Next is a passage taken from Richard III and the Murder in the Tower by Peter Hancock. “……the Earl of Derby was hurt in the face and kept awhile under hold…” Hancock also says “…The consensus is that Lord Stanley (the Earl of Derby) suffered some injury to the face and that a number of blows were aimed at him. One account has it that he dived under the table to avoid attack…”
Richard III by James Gairdner, who admits that his source is More, whose source in turn was Morton (“a statesman of high integrity” who must have told the truth! Eh?) “…The cautious Stanley had a blow aimed at his head with a pole-axe, but escaped with a slight wound in the face and was taken into custody…”) Hastings, of course, was beheaded immediately. Stanley was released on 4th July. A pole-axe??? And still the varmint survived!
Life of Richard III – Sir Clements Markham does not actually mention Stanley when Hastings was arrested. This writer does, however, say that Hastings was condemned and executed a week later, on 20th June. (Stallworthe to Sir William Stonor).
Henry VII by S.B. Chrimes apparently speculates that Hastings was killed during the confusion, not afterwards by execution. He also says “…for whatever precise reason, Richard ordered his [Morton’s] arrest along with Stanley and Hastings and others, in June 1483…”
Royal Blood – Bertram Fields. “…The other meeting was to take place in the Tower. It was to include Hastings, Morton, Stanley and Rotherham, as well as Richard and Buckingham…Lord Stanley, who was injured in the melee, was confined to his London home….”
Richard III by Paul Murray Kendall has it as follows. “…The second group was requested to attend in the council chamber in the Tower at ten o’clock in the morning. It consisted of Hastings, Stanley, Morton, Rotherham and Buckingham…Richard directly accused Hastings and Stanley and Morton and Rotherham of plotting with the Woodvilles against the protectorship…Perhaps Hastings and Stanley reached for a weapon…Stanley was put on detention in his own lodgings…Stanley’s art of landing on the winning side had not deserted him. In a few days he was not only released but restored to his place on the council….”
Richard III by Charles Ross. “…The two prelates were arrested and confined to the Tower; so too was Lord Stanley, who seems to have been slightly wounded in the affray…”
The Last Knight Errant – Sir Edward Woodville by Christopher Wilkins. “…There was a moment’s silence and then he [Richard] accused Hastings and the two bishops [Archbishop Rotherham and John Morton, Bishop of Ely] of treason. There was shock and fury, shouts of ‘treason’ and armed men rushed into the room. Stanley very sensibly fell to the floor. Hastings was grabbed, held by the guards and told he was to be executed immediately…” Wilkins gives no source for Stanley having flung himself to the floor intentionally. He goes on to say that Stanley was imprisoned in the Tower, as were the two bishops…”
At this point I decided that getting to the bottom of what happened on 13th June 1483 was going to be impossible. I should have known better, because these facts have eluded eminent historians, even though they give firm opinions of what went on and who was there.
So I will give an opinion too. Although Tudor accounts refer to him as the Earl of Derby, which he was not in 1483, other early accounts refer to him as Lord Stanley. I think he was there, that he was part of a conspiracy against Richard, and that it was amazing he not only survived but for some reason managed to be taken back into favour. Teflon Thomas. Richard was too trusting and/or a lousy judge of character. Why that pole-axe didn’t send Stanley into eternity I will never understand! There is no justice. The reptile actually died in his own bed, just like his equally serpentine and undeserving son-in-law, Henry VII!
Thomas Stanley’s bed, before restoration
Believed to be Thomas Stanley and his first wife at Ormskirk church
Or, of course, he was never a conspirator and supported Richard loyally to the end, which made him an embarrassingly Yorkist father-in-law for Henry Tudor, who was a bit cross about it. Margaret Beaufort adored her husband and feared for his life, so she doctored all the records and made Thomas vow to say he’d always opposed Richard and had even been wounded and arrested on 13th June. Henry believed his mother, made Thomas the Earl of Derby, and they all lived happily ever after. Oh, I don’t know. Over to you…
Our primary source of gossip about Edward IV’s mistresses is attributable to the pen of Thomas More (1478–1535), knight and latterly saint. While writing about Richard III, More found space for a lengthy diversion into the career of ‘Mistress Shore’, perhaps Edward’s most notorious extra-marital concubine, about whose present and past conditions the writer claimed much knowledge. Unfortunately it appears he never thought to consult the lady on the accuracy of what he wrote, strewn as it is with avoidable errors of fact.1 This article will refer to her by her proper name, Elizabeth Lambert. Her brief marriage to the London mercer William Shore was annulled in 1476 on grounds of non-consummation. And although she is almost always referred to as ‘Jane’, this forename was given her arbitrarily in the two-part True Tragedy of Edward IV (written around 1600 by Thomas Heywood), the writer being clearly ignorant of her proper Christian name and being concerned, like More, only with her notoriety. The prominence of his ‘Jane’ character may have led to the play afterwards being referred to as Jane Shore.2
Despite the high esteem in which More is held by historians, he was clearly too young to have had personal knowledge of reigns earlier than the Tudor period, and his family’s history reveals no intimacy with fifteenth-century royalty; whatever he wrote about them can only have been hearsay. Moreover, in the opinions of leading literary scholars Thomas More’s dissertation on Richard III was conceived and executed as a bravura exercise in satirical drama to which the facts of history had no particular relevance. Nevertheless, More’s reference to Edward and his ‘three mistresses’ is continually retold as if he had a direct line to the full facts. The relevant passage occurs after he has devoted several pages to Elizabeth Lambert:
“The king would say that he had three concubines, which in three diverse properties diversely excelled: one the merriest, another the wiliest, the third the holiest harlot in his realm, as one whom no man could get out of church lightly to any place but it were to his bed. The other two were somewhat greater personages, and nevertheless of their humility content to be nameless and to forbear the praise of those properties. But the merriest was this Shore’s wife, in whom the king therefore took special pleasure. For many he had, but her he loved …” (etc.).
That the king had three concubines is almost certainly an understatement, but More helpfully gives the name of one other as ‘Dame Lucy’. She appears in More’s questionable version of an incident from as far back as 1464 which seems to have become an urban myth. The original surviving record of this incident was related by the Italian Dominic Mancini in 1483 after visiting England for a few months: even so, nearly twenty years after the event itself.
Mancini’s story tells of how Edward IV’s mother Cecily, Duchess of York, was so scandalized by the king’s secret marriage to the widowed commoner Elizabeth Woodville, who became his queen, that she vowed the Duke of York was not the father of this disgraceful son. As the story ran in Mancini’s day, the duchess insisted she would voluntarily testify that Edward IV was no son of York.3 Mancini had been asked to write down, for the benefit of the French royal court, all that he had discovered about Richard III’s dramatic accession to the throne – which he admitted was little enough – so he was given to embellishing his narrative with extraneous details which we now know contained inaccuracies. Although we can accept it was probably based on a kernel of truth, we need to bear two things in mind: first, he may have been given a highly coloured account of some considerably less dramatic reality; and second, it suited him to disparage English royalty for his French readers and hence, like many writers of history before and since, he tended to exaggerate for effect. We have no idea how many tongues had embroidered the story between 1464 and 1483, so the wisest course is to reduce it to its essence: the duchess flew into a fury and went so far as to threaten some kind of legal challenge.
Edward IV’s affairs with women subsequently embroiled all England in a crisis, when it was discovered after his death and later confirmed by Parliament that his marriage to Elizabeth Woodville was not his first such secret wedding. Some years earlier he had secretly married Lady Eleanor Talbot, daughter of the Earl of Shrewsbury. Briefly summarized, under the laws of the Church this meant that Lady Eleanor was still his wife when he secretly and bigamously married Elizabeth, and this combination of illicit actions rendered the children of his Woodville marriage illegitimate. The government of the day elected to offer the crown to Richard III as the senior qualified heir.4
Such high matters of state, of Parliament and of canon law were scarcely understood by the majority of Englishmen, and moreover they impugned the honour and dignity of the late king and his abandoned first wife; doubtless they were spoken of in hushed tones by those in the know. Thus the name of the long-deceased Lady Eleanor became consigned to obscurity. England soon had greater concerns when the pretender Henry Tudor revealed his designs on the English crown, eventually mounting a successful invasion under the patronage of France in 1485 when against all probability King Richard was killed. Since the new king had to devise some believable grounds for his invasion and some legitimate reason for aspiring to the throne, he declared Richard’s accession unlawful. He repealed the Act of Parliament which had set out Richard’s right to succeed, insisting it be repealed unread and every copy destroyed. His aim was to remove from history what was probably the only official government document that articulated Richard’s legitimacy as king, together with the grounds for setting aside Edward IV’s offspring owing to their father’s prior marriage (in legal terminology ‘precontract’) to Eleanor Talbot.5 Since Henry planned to appease Yorkist partisans by marrying Edward IV’s eldest daughter, this process was vital to removing public knowledge of her illegitimacy.
A century would pass before records began to be found which revealed the truth, but by then Richard III was indelibly cast as a usurper in the national consciousness. It was with this certainty that Thomas More embarked upon his literary polemic for which he chose Richard III as his exemplar of tyranny. This was more than fifty years after the Woodville marriage that caused Cecily so much wrath, and more than thirty years after Mancini wrote his tale of her angry outburst. Incidentally, we need not believe she ever volunteered to swear publicly to her own adultery! It is not difficult to conceive of at least one possible legal challenge she might have considered bringing against the match … but in all probability her real grounds of objection never formed part of the story picked up by Mancini. Nevertheless he would have been aware of a certain malicious calumny Louis XI delighted in putting about, that Edward IV was the bastard son of an archer named Blaybourne, so maybe it was Mancini who supplied this extra flourish knowing it would appeal to his readers.
If we turn to what More says about the same incident, we find that after three decades of Tudor rule the story has vastly changed. It is still recognizably a version of Mancini’s tale of the duchess raging and threatening to resort to law. But what makes this new version interesting is that it conflates some vestige of recollection that a precontract to an earlier wife was involved. Perhaps it had been thought politically advisable to incorporate this persistent memory into the well-known tale of ‘Proud Cis’ and her rage against her son, at the same time using it to repudiate that there ever was anything untoward about his Woodville marriage. It takes up a lot of space in More’s Richard III, with plenty of dialogue to and fro between mother and son debating her objections. At last, and as a ‘pretext’ says More, plainly undermining the integrity of the duchess’s final argument, she protests that Edward ought instead to marry ‘one Dame Elizabeth Lucy, whom the king had also not long before gotten with child’ making him in consequence ‘her husband before God’. So this ‘Elizabeth Lucy’ is duly called and ‘solemnly sworn’, says More. This portion of his tale obviously echoes the ‘public enquiry’ mentioned in the earlier Mancini version, only this time it is Dame Lucy who is subjected to examination and denies the precontract which Cecily is trying to foist on her son.6 With our current knowledge we can see this as a transparent ruse to discredit the existence of Edward’s genuine precontract with Eleanor Talbot. But thanks to More its effect is fully achieved: he declares it proves the falsity of the charges made in 1483 against Edward’s marriage.
There is another feature that also shows this to be a manufactured story: the incident supposedly occurs before Edward’s marriage to Elizabeth Woodville, with Cecily trying to prevent it. The Mancini version correctly places Cecily’s outburst after their marriage, which famously took place in secret and remained totally unknown for several months. More is so much deceived as to write that the king’s marriage to Elizabeth Woodville was celebrated ‘with great feast and honourable solemnity’!
It has been important to emphasize how very little Thomas More really knew about the women in Edward IV’s life, because our next step demonstrates how thoroughly his stories have misled historians and commentators.7 Dispensations to marry granted by the Church are extremely helpful in establishing genealogies, and a recent article by Marie Barnfield and Stephen Lark cites one that adds new information to what was previously known, deduced or assumed about some of Edward IV’s mistresses and children.8
One of the king’s most well-known bastards was Arthur, later Viscount Lisle, hitherto almost universally believed to have been fathered on ‘Elizabeth Lucy’. However, references to Dame Lucy place her and her child in Edward’s life prior to his Woodville marriage. Whereas what is known of Arthur Plantagenet’s life and career is scarcely compatible with a birth date before mid-1464.9
If we seek an alternative identity for Dame Lucy’s child we find a much better candidate in a bastard daughter attributed to Edward hitherto known as Elizabeth, later Lady Lumley, thought to have been born in the 1460s. It has now been established that this child’s Christian name was not Elizabeth (as erroneously claimed in a herald’s visitation of 1530) but Margaret (in a grant dated 1479 where she is identified as the wife of Thomas, later Lord Lumley). Further genealogical research supports this identification.
These indications about the daughter have opened up more opportunities to identify her putative mother. The problems in pinning down information about Dame Lucy have always been compounded by assumptions about her. Copious evidence exists that Arthur, Lord Lisle, was certainly connected with the Wayte family, therefore he was known as a Wayte and it was assumed his mother was too. On the general presumption that his mother was Dame Lucy, she was automatically assigned the maiden name of Wayte. For example, this was propounded by Sir George Buck who described her as ‘the daughter of one Wayte of Southampton, a mean gentleman, if he were one. And she was the wife of one Lucy, as mean a man as Wayte. … And she was the mother of the bastard Arturus.’10 Arthur Plantagenet had verifiable links with the Waytes of Segenworth, near Southampton, but genealogical records cannot reconcile Dame Lucy as a member of the Wayte family at all, nor is there any evidence of any Wayte family member having links with a family named Lucy or even mentioning the name Lucy in correspondence. Which again strongly suggests that Arthur was not born to a mother surnamed Lucy.
It now appears that Dame Lucy may ALSO have been a Margaret misnamed Elizabeth! Her correct maiden name, if so, was Margaret FitzLewis, and she was the young widow of Sir William Lucy of Dallington and Richards Castle (d. 1460). This would fit with the child she bore Edward being not his bastard son Arthur but his bastard daughter Margaret, later Lady Lumley, born in the 1460s some time before Margaret FitzLewis’s own death in 1466. Contrary to Buck, the title ‘Dame’ Lucy suggests her husband was a knight or baronet, not a mean man.11 Other than Sir William Lucy of Dallington there existed one other knighted Lucy at that time, viz. Sir William Lucy of Charlcote (d. 1466). This Sir William Lucy certainly did marry an Elizabeth, but she was Elizabeth Percy who died in 1455; he remarried and was survived by a widow, but her name was Agnes.
It is impossible to be certain, of course, but the result of all this would suggest two distinct ladies who were erroneously conflated:
* Edward IV’s early mistress before his Woodville marriage. Dame Lucy, née Margaret FitzLewis (misnamed Elizabeth), daughter of Sir Lewis John (or John Lewis) of Welsh parentage, and widow of Sir William Lucy. Her probable liaison with Edward would have occurred after her husband’s death in 1460, resulting in a daughter Margaret Plantagenet in the early 1460s (also misnamed Elizabeth) who married Sir Thomas Lumley (c. 1458–1487).
* Edward’s later mistress during his Woodville marriage. She was a Wayte, probably a Wayte of Segenworth, and gave birth to Edward’s bastard son Arthur Plantagenet (who jousted with the young Henry VIII in 1510, married for the first time in 1511, was created Viscount Lisle in 1523, and died in 1542). It has been suggested that her father was a Thomas Wayte of Hampshire (d. 1482), but as far as we know Thomas died without legitimate issue (he left one bastard daughter, Alice); if he had any other children they must have predeceased him without legitimate issue of their own. Several other factors in the research by Barnfield and Lark also militate against Thomas as her father, including the obscurity of his family and its extreme southern location.
This leaves just one more mistress of whose existence we know, namely Elizabeth Lambert, married name Shore, misnamed Jane. She was current at the time of the king’s death but no offspring have been directly attributed to her. It is not impossible that Thomas More, sufficiently taken with this lady to devote several pages to her, may well have superimposed her name of Elizabeth on the ‘Dame Lucy’ of his false precontract story. Misled by his reputation as some kind of authority on fifteenth-century royalty, writers of history duly copied him unthinkingly.
Doubtless other mistresses existed, and indeed other bastards. But the purpose of this essay is not to rehearse the tedious details of Edward IV’s amours – nor yet to claim knowledge of precisely who they were – it is simply to demonstrate how easy it was (and is) for history to be misrepresented by placing uncritical faith in false prophets.
1. He failed even to verify the full name of her later lover William Hastings, whose gifts to her became the subject of a court case reported by The Great Chronicle.
2. Appreciation to Dr A.N. Kincaid for this information.
3. Mancini, ed. C.A.J. Armstrong, De Occupatione Regni Anglie per Riccardum Tercium, Gloucester 1989, pp. 60–62: ‘Even his mother fell into such a frenzy that she offered to submit to a public enquiry, asserting that Edward was not the offspring of her husband the Duke of York but was conceived in adultery and therefore in no wise worthy of the honour of kingship.’
4. This matter is fully covered in Carson, Richard III: The Maligned King, Stroud, 2013, pp. 75–88.
5. Nor (perhaps unsurprisingly) has any official record survived of the deliberations of the King’s Council during that crucial succession crisis of 1483 when Edward IV’s bigamy and the illegitimacy of his children were debated.
6. More pp. 63–67.
7. Clearly More knew nothing of Lady Eleanor Talbot (married name Butler), pace R.S. Sylvester who supposed Eleanor was one of the ‘three mistresses’ More referred to; we now see Sylvester was also probably wrong in stating definitively that Dame Lucy was the mother of Arthur Plantagenet: The History of King Richard III, Yale University Press 1976, p. 57 fn. 3 and p. 65 fn. 2.
8. ‘The Paternity of Lady Lumley: Some New Evidence’, The Ricardian, Vol. XXVI, June 2016, pp. 113–20. Readers are referred to that article and its footnotes for sources of the information summarized here.
9. David Grummitt’ (ODNB) offers a birth date ‘before 1472’ but this is based on a reference in royal household accounts to ‘my Lord the Bastard’, unidentified, which may refer to some other person; a suggested birth date of 1462-1464 is rightly discounted as too early to be compatible with the known events of his life and career. Grummitt states without comment that ‘most authorities’ identify his mother as Elizabeth Lucy, ‘probably the daughter of Thomas Waite of Hampshire’.
10. Buck did know the truth that the lady of the precontract was Eleanor Talbot and realized that the alleged precontract with Dame Lucy was false; but he accepted Thomas More’s claim that Dame Lucy was Arthur’s mother: Sir George Buck, The History of King Richard the Third, ed. A.N. Kincaid, Gloucester, 1979, pp. 181–2. It is not correct that he named her as Lady Lumley’s mother.
11. And More in his Latin text states that she came from a noble family.
Richard duke of Gloucester: courage, loyalty, lordship and law
“ 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)
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.”
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. 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’. 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. 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. 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. 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’, 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.”
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). 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. 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.
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. 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
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.  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. 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.
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. 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. 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’.  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; 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; 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.” 
‘A right high and mighty prince and full tender and special good lord’
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. I have chosen three representative examples:
‘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.” 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’.  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.’ 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.“
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.  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. 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’
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 ”
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. 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.”  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. 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). 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. 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.”  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; 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.”  In 1640, the Long Parliament abolished the King’s Council in the North.
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.
 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.
 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.
 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.
 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.
 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.
 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.
 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.
 Pollard (R3) p71-73
 Horace Walpole – Historic doubts on the life and reign of King Richard III (1768)
 Ross (R3) pp.24-26; Keith Dockray – Richard III: a source book (Sutton 1997) pp.32-33.
 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.
 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.
 Rachel Reid – The King’s Council in the North (Longman Green & Co 1921) p.27 et al
 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.
 FW Brooks – The Council of the North (Historical Association 1953, revised edition 1966) p.6
 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).
 Brooks p.10
 Ross (E4) pp.45-49
 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.
 Sutton (R3, piety etc.) p.62
 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
 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.
 YCR pp.15-16, 51-52 & 54
 Dockray (R3 sources) pp. 30, 34-37
 Davies p.89; this is a quote from a letter from the York City Council to the duke of Gloucester.
 Reid p.58; Davies passim
 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.
 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.
 Kendall pp135-37; see also Davies pp140-41
 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.
 Reid p.47
 Reid p.48
 Reid p.54
 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”.
 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.
 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.
 Reid, ibid
 Reid p.59
 Reid pp.59-61
 Nicholas Pronay and John Cox (Eds) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.171
 Pronay; ibid
 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.
 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.
 Harleian MS433, ibid; I think there may be a double negative in Richard’s regulations.
 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.
 Reid p.62
Richard has been put on trial again, and found not guilty. I tell you the verdict of the latest trial in case you lose the will to live before finally emerging from the intensely intrusive advertisements that always ruin the Leicester Mercury website. The article itself IS there, and an account of the trial. Just stick at it.
Oh, and Richard is a little middle-aged, but we have to get past that sort of thing.
In other words, he was acquitted again despite:
Only being five or six when the trial began.
Being dead before it finished. More being allowed to testify without a head – and not mentioning the “energetic priest” moving the bodies.
Only the “balance of probabilities” being required to decide the case.
May 1 has just gone past–a date known in ancient Britain as the Feast of Beltaine, the ‘Fires of Bel (the Shining One)’. Of all the old important pre-Christian dates, this is the one that the Church was never able to Christianise in any obvious way, retainings its traditions of merriment, dancing and bawdiness right down to the present. Even Halloween (All Hallows) had a vague Christian veneer placed over its supernatural and ancestral elements, and Midsummer’s Eve was associated with St John as well as with the summer Solstice several days earlier and the burning hilltop bonfires.
It was of course on May 1 that Edward IV was supposed to have married Elizabeth Woodville, in a secret ceremony attended by her mother, a priest and child. The date is interesting, as May marriages were at one time considered to be unlucky. An old rhyme goes ‘Marry in the month of May and you will surely rue the day.’ The reason for this was that the time of the year was considered to be a frivolous one, connected with faithlessness and a lack of constancy.
May 1 in particular was the time for ‘greenwood weddings’–temporary ‘marriages’ that were of dubious legality. Often these, if they lasted longer than a few nights, went on no longer than the traditional ‘year and a day’ of old-time fairy stories. The couple would then part, if they wished, and go on their seperate ways, no harm done.
Unless you were a king of England, of course, who may well have already pre-contracted a marriage in a similar style and who was expected to marry a foreign princess…
The fact that several sources quote May 1 as the date of Edward’s wedding is interesting. It may quite literally be the case…or it could well be that the writers (or those from whom they had gleaned the information from) were aware of the traditional significance of May 1 in regards to impermanent, irregular marriages.
Indeed, far be it from the idea some traditionalists seem to take, that Edward’s marriage was perfectly acceptable to all before Richard ‘invented’ the idea of a pre-contract, it seems that that many already had doubts of its legality. Mancini, for instance says that Elizabeth Woodville, years before the events of 1483, was reproached with calumnies ‘namely that according to established usage she was not the legitimate wife of the king.’ He seemed to believe this was because she had been married before and hence was not a virgin, but there was no such impediment to marriage within the English royal house–Eleanor of Aquitaine,for instance, had been married and had several children before espousing Henry II. So it had to be something else. Later Mancini mentions Edward being legally contracted to another woman. He mistakes this for Bona of Savoy, who Warwick sought as a bride for Edward, and he does not seem to doubt the veracity of this ‘proxy marriage’, although he has the wrong woman.
Certainly, it seems that many people in late medieval England believed *something* was irregular about Edward and Elizabeth’s marriage, and giving it the traditional May 1st day may well be affirming that fact.
A recent article from History Today on Edward’s marriage and those of his infamous grandson Henry VIII: