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Archive for the tag “Pope”

The Trial That Should Have Happened in 1483

RICARDIAN LOONS

Putting aside the mystery of what ultimately happened to Edward IV’s two sons, one enduring difficulty for a student of history is whether Richard III used the proper legal procedure in having them declared illegitimate because of their father’s precontracted marriage to Eleanor Talbot.  The most (and only) significant defect appears to be the failure to refer the issue to a church court for determination.[1]  But it seems no one has fleshed out how an ecclesiastical tribunal would have litigated such an extraordinary and unprecedented matter, let alone identified which church court would have had authority to hear it.

As a retired litigator of 20 years, I undertook the challenge of researching medieval English church court procedures and precedent cases to answer four questions: Which church court would have decided the precontract issue? How would it have conducted the litigation? What evidence would it have heard? How conclusive would…

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Edward IV and Elizabeth Wydeville

(This letter, of which a version was published in the September 2018 Bulletin, was in response to Bryan Dunleavy’s article about Edward IV and Elizabeth Wydville.)

The article in the latest Ricardian Bulletin by Bryan Dunleavy is interesting, and also provocative, given that the bulk of readers of the publication are, by definition, Ricardians.

However Edward IV’s marriage to Elizabeth was conceived and performed, there is no doubt it was irregular, and so subject to a presumption of bad faith. If Edward wanted the establish the legitimacy of his children securely, the readiest way would have been to follow the example of his own grandparents, Richard of Conisbrough and Anne Mortimer, who secured a Papal Dispensation in 1408 to regularise their secret marriage. (Richard and Anne were about as poor as two noble persons could be, but they still went to the trouble and expense.)

Of course it may be that Edward was well aware that the Pope had no power to dispense bigamy. If you reject that possibility, then one has to say that he behaved irresponsibly as a man of property, let alone a sovereign.

I suspect that like many wealthy and powerful people, even in our own times, Edward simply believed he was untouchable.

Incidentally, how did Edward and Elizabeth manage to avoid procreation between their “marriage” and her coronation, nearly thirteen months later on Ascension Day? If, as Mr. Dunleavy said, “one can only conclude that this was deliberate”, perhaps Edward frequented his nearest apothecary or a dispenser (Despencer?) in a tavern?

Some notes on Henry Pole the Younger

These are taken from Pierce’s biography of his paternal grandmother Margaret, Countess of Salisbury, we have some sinister clues to his fate. Our witness is Charles de Marillac, French ambassador from 1538-43, whose correspondence with Francois I is copiously quoted in the Letters and Papers of Henry VIII.

de Marillac wrote on 1 July 1540 that “Edward Courtney is more at large than he was and has a preceptor to teach him lessons, a thing that is not done towards the little nephew of Cardinal Pole, who is poorly and strictly kept and not desired to know anything” (L&P XVI, no.1011)

In June 1541, shortly after the Countess’s execution, her cousin Lord Leonard Gray, son of Eleanor St. John and Thomas Marquess of Dorset, was beheaded “for aiding and abetting the escape of his nephew Gerald, 11th Earl of Kildare. It was with Reginald, in exile, that Kildare found refuge and the Cardinal arranged his education and settled an annuity of 300 crowns upon him.” (B. Fitzgerald The Geraldines, an experiment in Irish Government).
Among the accusations against Grey was that he employed the services of a page who had been in Lord Montague’s service for 4 or 5 years and used him as a messenger in his treasonous intrigues. Moreover in 1538, as deputy of Ireland, he reputedly left all the king’s artillery in Galway ready to put at the disposal of the Pope of the Spaniards should they invade “as a report that Cardinal Pole, with an army would land about that time” (L&P XV no.830, pp.398-9; L&P XVI no.304 (iii)).

The last payment was made for Pole’s diet some time in 1542 (L&P XVIII no.880 f.436).

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