Today in 1367, Henry IV was born:
The origins of these devices is set out in Richard III as Duke of Gloucester and King of England by Caroline A. Halsted, volume 1, pages 404-5. The source quoted is Archoelogia vol. xxii, p.226. The main change here is to convert the text into modern English:
The dukedom of York – the falcon and fetterlock.
Conisbrough (presumably relating to ownership of the castle.) – The falcon, with a maiden’s head with her hair hanging about her shoulders and a crown on her head.
The Castle of Clifford – note, a property inherited from the Mortimers – a white rose.
The earldom of March – a white lion.
The earldom of Ulster – a black dragon.
(From Edward III) – a blue boar with his tusks and “cleis” and members of gold.
(From Richard II) – a white hart and the sun shining.
The honour of Clare – a black bull, his horns and his “cleys” and his members of gold.
(From the “Fair Maid of Kent” – a white hind.
(The principal connection with Joan Holland “the Fair Maid of Kent” is that Alianore Holland, Countess of March, her granddaughter, was the maternal grandmother of the 3rd Duke of York. Another granddaughter, Joan or Joanne, Alianore’s younger sister, married Edmund of Langley as his second wife.)
The Wars of the Roses did not commence, à la Bard, with white and red roses snatched and brandished in a garden by opposing lords, but they were foreshadowed at the turn of the fifteenth century when Henry of Bolingbroke, Duke of Lancaster, usurped and murdered Richard II.
Bolingbroke was the son and heir of Richard II’s uncle, John of Gaunt, Duke of Lancaster, through Gaunt’s first marriage, to Blanche of Lancaster. It was through Blanche that the dukedom came to Gaunt. Bolingbroke was therefore the undisputable heir of the House of Lancaster.
But Gaunt had other children by other women, especially a nest of illegitimate Beauforts by his liaison with Katherine de Roët/Swynford, who had been governess to his children by Blanche. Gaunt wanted the Beauforts to be legitimized, and Richard II eventually agreed. Letters Patent were issued in 1397.
When Bolingbroke stole the throne and murdered Richard, he also made sure that his half-siblings, the Beauforts, could not succeed to the throne. He did this by adding a clause to the original Patent of legitimation. This was popularly regarded as valid, but maybe it was not, because the original patent had received parliamentary sanction.
The Lancastrian line held power until the reign of Bolingbroke’s grandson, the weak, ineffectual Henry VI. At first childless, Henry had to decide on an heir. If the Beauforts were set aside, the next legitimate heir to the throne was Richard, 3rd Duke of York, who descended from Gaunt’s younger brother, Edmund of Langley, 1st Duke of York. But, York was also descended, through his Mortimer mother, from Lionel of Antwerp, Duke of Clarence, who was an older brother of Gaunt’s. Not the oldest, of course. That honour went to the Black Prince, father of Richard II.
Gaunt and the Lancastrians did their utmost to insist that rights to the throne could not descend through a female line. They were wrong. For instance, Henry II’s claim came through his mother, the Empress Matilda, whose opponent, Stephen, also claimed through his mother. So, the Lancastrians were good at dealing from the bottom of the pack. Gaunt himself laid claim to the throne of Castile in right of his second wife! And he had gained the incredibly wealthy and important dukedom of Lancaster through his first wife. But that was different, of course. Oh, of course. So, they were hypocrites.
This was the situation when Henry VI needed an heir. York felt, rightly, that he was the legitimate heir. He did not claim that the House of Lancaster had no right to the throne, only that he was the next heir. Then, miraculously (or by the divine intervention of the Beaufort Earl of Somerset) Henry VI’s queen provided the much-needed son. In the nick of time, eh? Poor Henry believed he was the father, but a lot of people saw hanky-panky at work…and Somerset’s Beaufort fruitfulness.
York’s claims went quiet again. But as the years passed, Henry’s queen, Margaret of Anjou, grew fearful that York’s designs on the crown would be at the expense of her son. She was aided and abetted in this by the powerful Duke of Somerset. York realized that he and his House were in danger of extinction, and chose to stand up for his rights.
Thus began the Wars of the Roses, a tussle that went on for decades and resulted in the crown going from Lancaster to York, and then back to Lancaster….if Henry Tudor can be described as a Lancastrian. He was descended through the Beauforts, who, according to Henry IV, could not succeed to the throne. But that is yet another story. So, too, is the fact that if the claim to the throne could descend through the female line, then Philippa, one of Gaunt’s daughters by Blanche of Lancaster, and thus full sister of Henry IV, had to be considered. She had married the King of Portugal, and had sons. Philippa’s younger sister, Elizabeth, had married the Duke of Exeter, but their line was not considered either. Besides, Philippa was the older sister, and her line not only legitimate, but secure. However, as far as I can ascertain, her claim does not appear to have been even vaguely considered.
By this time York was the father of four sons: Edward, Earl of March (Edward IV), Edmund, Earl of Rutland, George, Duke of Clarence, and Richard, Duke of Gloucester (Richard III). The first two were old enough to fight. Another of York’s great assets was the Earl of Warwick, who is now known to us as the “Kingmaker”.
With Margaret determined to protect her son’s rights, battles commenced, and fortunes swung. Then York and his second son, Edmund, were slain by treachery (the same fate as that suffered by the last of the sons, the brave Richard III) at the Battle of Wakefield. York and Edmund’s heads were displayed on the gate of York city. At least Richard III did not suffer that.
Now York’s eldest son, Edward, the new Duke of York, became the figurehead of the Yorkist cause. Bitterly angry about the fate of his father and brother, he took up the cudgels and, with Warwick at his side, triumphed over the Lancastrians to take the throne. He was proclaimed king on 4th March 1461. After a few years there was a hiccup, and he was forced to flee the country with his younger brother, George and Richard. Henry VI was reinstated. Edward returned, and after another bout of battles (and quarrelling with and alienating Warwick, to say nothing of having George switch sides more than once) Edward finally demolished Lancaster at the Battle of Tewkesbury on 4th May 1471. He gained victory with his brothers fighting at his side. Somerset was captured and beheaded. Margaret of Anjou’s son, the Prince of Wales, was also slain, and Margaret’s will finally broken. Days later, Henry VI, died in the Tower of “melancholy”. Hmm. Let’s just say that his survival would have been inconvenient to Edward, who wouldn’t want him returning to the throne again.
And so England had her first Yorkist king for the second time. If you see what I mean. The above is clearly somewhat condensed, and many of the finer points have had to be omitted, but it’s the gist of how handsome, dashing, charming Edward, Earl of March, became King Edward IV.
Two weeks after visiting Wingfield , I attended a “Wuffing Education” Study Day at Sutton Hoo, addressed by Rosemary Horrox on the de la Pole family. This juxtaposition of dates was entirely beneficial as their genealogy and history was fresh in my mind so it was easy to follow Horrox’s train of thought.
She covered the family’s commercial origins in Hull as two of three brothers, whose father’s forename is still unknown, left the city to enter the national scene, lending money to the King. Although Richard was probably William’s elder brother, their paths diverged as he sought a less acquisitive strategy and his male line descendants are less famous, expiring three generations later. William’s family is better known but trod a far more perilous path, particularly in royal moneylending. His son, Michael, served the Black Prince and John of Gaunt, being created Earl of Suffolk and marrying Katherine Wingfield before falling foul of Richard II and dying in exile in the year of that King’s deposition. We were also shown some accounts from shortly after this time, relating to the second Earl’s children and their education. The first Earl’s successors, a son and a grandson both also named Michael, died on the 1415 French expedition, one of disease after the siege of Harfleur and the other at Azincourt soon afterwards. The younger of these left no sons and was succeeded by his brother, William, whose career, elevation to the Dukedom of Suffolk and end aboard the Nicolas of the Tower is a familiar story to most of us. Then we have John, brother-in-law to Edward IV and Richard III, both of whom he outlived – incidentally, Horrox does not believe that he actually married Margaret “Beaufort” as a child.
Between them, John de la Pole’s ten or so children lost his position completely and appear to have had only one child, a nun who died of the plague in about 1515. Horrox’s genealogical handouts detail the lack of alternative male lines in great detail, such that the “Marguerite de la Pole – Suffolk” who married in France during spring 1539 could have had no father by that surname save for Lord Richard or a cousin at least twice removed. Even if we had some of her DNA from somewhere, a father-daughter relationship would be the most difficult to prove – impossible as today’s scientific knowledge stands.
I cannot recall enjoying a history talk as much as this since one by Ashdown-Hill nearly fifteen years ago or Michael K. Jones a few times in Norwich. I would recommend these Study Days to anyone when a particularly appealing topic arises: http://wuffingeducation.co.uk/studydays/ . The setting is outstanding and the Sutton Hoo café is two minutes from the hall, although transport from Melton station can be difficult.
This post harks back to a previous one of 5th November 2014. Both concern the similarities between the lives and deaths of Richard II and Richard III, but I have now come upon a passage in a book that is actually about Richard II, but much of which could be applied to Richard III. The book is The Medieval Python, by and about Monty Python’s Terry Jones, Chapter 4, Terry Jones’s Richard II by Nigel Saul.
“For Terry Jones, Richard II is a much maligned ruler. Obstructed by a gaggle of obscurantist barons, deposed by a slippery usurper, and with his reputation besmirched by Lancastrian propaganda, Richard, in Terry’s view, is deserving of better in the eyes of posterity. Far from the self-centred, vengeful monarch portrayed in textbooks, Richard, for Terry, was actually a wise and beneficent ruler who sought the good of his people. In his final years, when he ruled without baronial constraint, he conducted what Terry calls ‘a bold experiment in ideal kingship’. Its aim was to shield the king’s humbler subjects from the policy of aggressive war with France that suited only the warmongering baronage. After 1399, however, when Henry IV seized the crown from his cousin, history was rewritten to blacken the former king’s name. Our assessment of Richard’s kingship, Terry argues, should be based not on the hostile Lancastrian accounts, but on sources that date from the king’s own lifetime. In particular, we should try to judge Richard’s achievement in the light of contemporary expectations of kingship for the common good. Viewed in this light, Richard can be seen for what he was—an exponent of the ideas in the ‘mirrors of princes’ literature, a monarch who triumphed over faction, ruling in the common interest. . .”
Saul goes on to argue against Jones’ judgement, but that is beside the point. I think you will have to agree that these two Richards (forget the so-called Lionheart) were subjected to very similar, very cruel fates.
As I said in my previous post (indicated above) the similarities are astonishing, even to both being married to Annes who died before them and left them childless, and both being removed from life by Henrys who proceeded to ruin their reputations with endless lies. Oh, and they both have the misfortune to attract Shakespeare, who is always on the wrong side! Well, I think he is.
‘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.
Edmund Mortimer, later 5th Earl of March, was born on 6 November 1391. His parents were Roger Mortimer, Earl of March (1374-1398) and his wife, the well-connected Alianore Holland, daughter of Thomas Earl of Kent. In the view of many people, including the Westminster Chronicler, and the Welsh poet Iolo Goch (c1320-1398) Earl Roger was the rightful heir to King Richard II. Under current inheritance doctrine he certainly would be, but it was far less clear at the time. Ian Mortimer believes – on the basis of reasonably compelling evidence – that Richard selected his uncle, Edmund of Langley, Duke of York to succeed him. In the event, of course, Richard was succeeded by his Lancastrian cousin, Henry IV. Whether this would have happened so smoothly had Earl Roger not died the previous year is a moot point.
After Earl Roger’s death, Countess Alianore received a dower valued at £1,242 a year (the rough equivalent of the minimum income for two earldoms!) and the remainder of the Mortimer lands were partitioned in wardship between the dukes of Aumale (Edward of York), Exeter (John Holland) and Surrey (Thomas Holland) and the Earl of Wiltshire. This arrangement did not last long due to fall of Richard II and the consequent deaths of Exeter, Surrey and Wiltshire. Countess Alianore was allowed the custody of her daughters, but her sons, Earl Edmund and his brother, Roger, were kept in King Henry’s hands under the charge of Sir Hugh Waterton, a Yorkshireman of Henry’s extensive following.
It is certain that not everyone in England accepted Henry IV’s dubious title to the throne. Among those who did not was the King’s own cousin, Constance of York, Lady Despenser, who contrived to extract the boys from Windsor Castle in the middle of a February night 1405. Her intention was apparently to take them to Owain Glyndwr in Wales, their uncle, Sir Edmund Mortimer, having already defected to Glyndwr after Henry’s failure to ransom him. The fugitives were recaptured near Cheltenham; had they managed the few extra miles to the other side of the Severn, English and Welsh history might have been different. It was only after the failure of Constance’s plot that Glyndwr, Edmund Mortimer and Northumberland came up with the Tripartite Indenture, a scheme to divide England between them; a proposal which probably cost them at least as many supporters as it gained.
Meanwhile, the young Earl of March and his brother were transferred to Pevensey Castle, where for a few months they were joined by Constance’s brother, Edward, Duke of York (the erstwhile Aumale) who was imprisoned for his part in her scheme. In February 1409 the two boys were transferred to the household of Henry, Prince of Wales, the future Henry V. The fall of Harlech Castle, Glyndwr’s last stronghold, and the death in the siege of their uncle, meant that the Mortimers were now much less of a political threat. The Prince of Wales was also given the custody of a large portion of the Mortimer lands.
Soon after Henry V’s accession, March was given livery of his lands, as he was now of age. He chose to marry Anne Stafford, daughter of that Earl of Stafford who was killed at Shrewsbury (1403) and granddaughter of Thomas of Woodstock, Duke of Gloucester. Henry V imposed a massive marriage fine of 10,000 marks. Now to be quite clear, Henry was entitled to levy the fine, but the amount was wholly excessive and unreasonable. In another king it would be called tyrannical. To make matters worse, to meet the cost of following Henry to France and service his own large debts, March was obliged, in 1415, to mortgage a large part of his Welsh lands plus no fewer than 45 English manors. He was never able to restore himself to solvency, and the burden was eventually passed on to his successor. It should be borne in mind that the Welsh lands had been devastated during the Glyndwr rising, and much reduced in value, while the whole inheritance had suffered some 17 years of wardship, during which a degree of asset-stripping was almost inevitable.
In the circumstances, it is not wholly surprising that March was drawn into the Southampton Plot led by his former brother-in-law, Richard of York, Earl of Cambridge. The exact nature of that plot is still a mystery to historians. It was certainly aimed at Henry V, but not necessarily at killing the King or overthrowing his government. Whatever the ultimate intentions of the conspirators, their ideas seem only to have been half-formed when March, perhaps in a panic, decided to betray them to the King.
By doing so March saved his own life, but made it unlikely that anyone would trust him ever again, He obtained a royal pardon for all treasons and other offences and went to France with Henry, only to be invalided back from Harfleur. It is likely that he contracted dysentery. Between 1416 and 1422 he was involved in other military actions in France without any obvious advantage either to his fortunes or his reputation. Henry gave him no share in the lands conquered in Normandy.
After Henry’s death March served on the Council but soon attracted the hostility of Humphrey, Duke of Gloucester, who in 1424 claimed that March was keeping too great a household and offering too much in the way of hospitality. The activities of March’s kinsman, Sir John Mortimer, who escaped from the Tower twice before being executed in 1424, cannot have helped his case.
In May 1424 March was made Lieutenant of Ireland, and effectively banished there. His term of office did not in fact last long, as like his father he died in the Emerald Isle. In Edmund’s case, on 18th January 1425. His marriage was childless, but his widow went on to have children with her second husband.
The effect of this was (since Edmund’s brother had died some years earlier) that the vast Mortimer estates passed to his nephew, Richard, Duke of York. Without this “merger” – so to speak – it is most unlikely that the House of York would ever have had sufficient landed clout to put itself on the throne. It is worth mentioning that this was also the cause of the white rose badge transferring to York. Previously it had been a Mortimer symbol.
Henry V and the Southampton Plot, T.B. Pugh.
Complete Peerage (March)
The Fears of Henry IV, Ian Mortimer.
1415, Ian Mortimer.
Frustrated Falcons, Brian Wainwright.
The main attraction in writing a biography of the Black Prince was to bring to life his martial exploits, for Edward of Woodstock, the eldest son of Edward III, captured the imagination of fourteenth century Europe. The chronicler Jean Froissart described him as ‘the flower of all chivalry’; the Chandos Herald, who fought with him, saw him as ‘the embodiment of all valour’. Thomas Walsingham wrote: ‘He never attacked a people he did not conquer; he never besieged a city he did not take.’ Even the French were impressed. A Valois chronicler stated: ‘He was one of the greatest and best knights ever seen. In his time, he was renowned the world over and won the respect of all.’
The Black Prince won his spurs at Crécy, on 26 August 1346, aged just sixteen. Edward III’s army used the longbow to deadly effect – annihilating the French nobility – and the Prince fought with conspicuous courage that day. Nine years later he received his first independent command as king’s lieutenant in Gascony, conducting a brutal plundering raid that scorched the earth of Languedoc. But it was at Poitiers, on 19 September 1356, that he won a truly remarkable victory over the numerically superior French, capturing their king, Jean II. In the battle’s aftermath, Jean was forced to accept the terms of a treaty which marked the zenith of England’s dominance in the Hundred Years War.
Edward of Woodstock then became Prince of Aquitaine, ruling – from 1362 – over a vast swathe of territory in southwest France. Five years later, he led an Anglo-Gascon army into northern Spain on behalf of the exiled ruler Pedro of Castile and won his last great success. At Nájera – on 3 April 1367 – he routed the opposing Franco-Castilian army of Enrique of Trastamara and restored Pedro I to the throne.
In purely military terms, the battle of Nájera was the Black Prince’s most impressive achievement. He skilfully reconnoitred the terrain before making a daring night-time march around his opponent’s position, drawn up on a wide plain to the east of the town. As dawn broke, his army made a surprise attack upon Enrique’s left flank. This was instinctive generalship – the Prince deploying his bowmen and dismounted men-at-arms with devastating effect before throwing in his cavalry to pursue and cut down his fleeing foe. The chronicler Henry of Knighton said simply: ‘It was the greatest battle to have taken place in our time.’
Yet, in a broader context, Nájera represented a flawed triumph. The Prince’s conduct of the campaign was on occasions hesitant and lacklustre, and although this was redeemed by a fine victory, its consequences (in which the army succumbed to a dysentery outbreak and Pedro reneged on financial obligations he had promised to repay) left him struggling with sickness and massive debt.
It was the battle of Poitiers that made the strongest impression on contemporaries. Here the Prince showed the full range of his talents: tactical acumen and astonishing courage during the course of the fighting and praiseworthy chivalry – in his treatment of his captured opponent, King Jean II – in its aftermath. It was the summit of his career as England’s warrior-hero.
The Black Prince passed away on 8 June 1376 – just over a year before the death of his father – after enduring a long and painful illness. His body lay in state in Westminster Hall and his funeral was then held at Canterbury Cathedral, some three and a half months later, on 29 September, amidst an outpouring of national grief. ‘Thus died the hope of the English’, Thomas Walsingham remarked. The poet John Gower hailed the Prince as an exemplar of knighthood: ‘He was never discomfited in a fight…he was a wellspring of courage.’ And in his funeral sermon Thomas Brinton, bishop of Rochester, evoked an era that seemed to be passing: ‘His wisdom appeared not only in his habit of speaking prudently’, Brinton emphasised, ‘but also in his manner of acting, because he did not merely talk like the lords of today but was a doer of deeds.’
Yet an idealised picture was being created. The Prince had, after all, been seriously ill for a long time and it suited contemporaries to remember the glorious victories of his prime rather than his final years in France, which were tarnished by the levying of a hearth tax on his Gascon subjects, the ill-fated resumption of the war and the sack of the French town of Limoges – although here hostile propaganda would play a part in unjustly blackening the Prince’s reputation.
The Black Prince’s generosity towards his fellow fighters left him constantly in debt. A measure of financial prudence was necessary to be a successful ruler. However, if he had retained his health, his martial standing and easy rapport with the aristocracy would have been considerable assets as king. And at beginning of his rule as Prince of Aquitaine he did indeed show much promise, particularly in his commitment to justice and good government. In contrast, the last days of Edward III’s reign were beset by corruption and mismanagement, making the profound sense of loss at the Prince’s passing only too understandable.
Richard II was a very different man from his father. Intelligent and cultivated, he thought carefully about the dignity of kingship, possibly modelling some of his court protocol on what he had learnt of the magnificence of the Black Prince’s rule in Aquitaine. Yet he was no warrior – preferring instead to make peace with France – and his relations with his nobles were marred by distrust and outbursts of petty spite.
The period of ‘tyranny’, a description coined by the chronicler Thomas Walsingham, covered the last two years of Richard’s rule, from 1397-9, when the monarch took his revenge on the Appellants (a group of lords who had restricted his royal powers some eight years earlier), created a host of new aristocratic titles, imposed forced loans upon his subjects and strengthened royal power in the localities. In Richard’s eyes such measures were justified by his own concept of kingship, ‘an obligation laid upon him by God’, but political theory did not match practical reality. He ruled in a climate of fear, alienating many around him and ultimately sowed the seeds of his own downfall.
The Lancastrian dynasty began when Henry Bolingbroke, the future Henry IV, deposed the anointed king, Richard II, forcing him to abdicate. The Lancastrian claim to the throne derived from their descent from John of Gaunt (Henry’s father), the third surviving son of Edward III, through the male line. If the female line was given precedence the House of York had the better claim, through their descent from Lionel duke of Clarence (Edward’s second surviving son), through the marriage of Lionel’s daughter, Philippa, to Edmund Mortimer, earl of March – it was the granddaughter of this union, Anne Mortimer, Richard duke of York’s mother, who brought this claim into his family.
However enmity between the houses of York and Lancaster – founded upon this dynastic fault line – a feature of the drift to civil war in the 1450s, was by no means inevitable. Richard duke of York served Henry VI loyally as king’s lieutenant in France and it was only after his replacement by his hated rival Edmund Beaufort, duke of Somerset and fears that Somerset might manipulate the king and challenge York’s position within the realm as heir presumptive (evident in his articles against the duke in 1452) that the Mortimer claim, and the family’s descent from Lionel of Clarence, was once more considered. In short, it was Henry VI’s failure to dispense patronage and political influence even-handedly that propelled the house of York towards asserting its own claim to the throne.
It is a pleasure to see such a resurgence of interest in Margaret Beaufort – one of the great political survivors of the late middle ages – in fiction, non-fiction and TV. When I undertook my 1992 biography, with Malcolm Underwood, The King’s Mother, little was known about her political role and many of the key facts of her life misunderstood. Tudor historians would later insinuate that Margaret was always trying to advance her son’s claim to the throne but the reality was rather different.
Margaret Beaufort was always the pragmatist – and the archives of St John’s College, Cambridge, show her negotiating with Edward IV to secure a title and marriage for Henry Tudor within the Yorkist polity, a course of action that she continued to pursue at the very beginning of Richard III’s reign. It was only later in the summer of 1483 that Margaret began plotting against Richard. In the words of Polydore Vergil she ‘was commonly called the head of that conspiracy’, but whether her intention at this stage was to promote her son’s claim to the throne or merely to support Buckingham’s rebellion is far from clear. An accessible, recent account of these machinations can be found in the book I wrote with Philippa Gregory and David Baldwin, The Women of the Cousins’ War and in my piece ‘Mother of the Tudors’ in the BBC History Magazine (January 2017).
For Michael Jones’s author website see: www.michaeljoneshistorian.com
You may know or suspect from a previous post in Murrey and Blue, that Sir James Tyrrell, Richard’s henchman, was a direct descendant of Sir Walter Tyrrell, the ‘Killer Baron’, who fled during a hunting expedition with King William II (Rufus) after shooting him with an arrow. It is not known whether this was an accident or murder on the orders of Rufus’ brother, Henry!
But you may not know that he is also a direct descendent of Sir John Hawkwood, through Hawkwood’s daughter, Antiochia, (by his first wife, whose name is unknown for sure but who was probably English). He was Hawkwood’s 2 x great grandson. You can see this on the family tree below (you may have to enlarge it to see clearly).
So, who was Sir John Hawkwood? Well, he was reportedly the second son of a tanner from Sible Hedingham in Essex, Gilbert Hawkwood. However, it seems Gilbert was actually a land owner of some wealth. John Hawkwood was apprenticed to a tailor in London, but obviously wasn’t content with that career and became an archer, a longbowman, in the Hundred Years War under Edward III, and it is thought he participated in both the battle of Crécy and the Battle of Poitiers. He may have been knighted by the Black Prince but there are no written records and it is possible he was just styled a knight by convention in Italy at the time.
A little later, when free companies of soldiers began to form, Hawkwood joined the largest, The White Company or The Great Company, a gang of mercenaries who fought for various factions in France and collected bribes, ransoms and booty as they went. After two years, Hawkwood rose to be their commander and proved an expert in pillaging, blackmailing and duplicity. Eventually they arrived in Italy, where there were many city-states who were always in conflict with each other. This proved to be rich pickings for Hawkwood and his Company, as over the next thirty years he fought both for and against the Pope, Florence, Milan, Pisa, Siena and Perugia. He extracted huge bribes from all of them and such was Hawkwood’s military reputation that he never lacked for clients. This was even though over the years he betrayed them all!
(Image – Public domain)
He eventually signed a contract with Florence and remained there in a mainly defensive role for the rest of his career. He died on 17th March 1394, just before he could return to England as he was planning to do. Florence granted him an elaborate funeral and there is still a fresco there which commemorates him.
Image credit: By Paolo Uccello (Italian, 1397–1475) (Jastrow, own picture) [Public domain], via Wikimedia Commons
Richard II requested that his remains be returned to England and this was agreed, though there is no written record of his remains being actually buried in the Church of St Peter’s in Sible Hedingham, where there is also a monument to him.
Image credit: Robert Edwards [CC BY-SA 2.0 (http://creativecommons.org/licenses/by-sa/2.0)%5D, via Wikim
Hawkwood’s reputation was one of ruthlessness, guile and intelligence. He was obviously a clever tactician as witnessed by his success and he must have been courageous to lead that sort of life. However, he did have a reputation for brutality and deviousness. He was known to have had two wives as well as several mistresses and illegitimate children, as many men did in that occupation. Conversely, he had Mass said before his campaigns. He is also described as showing honesty and fidelity. I wonder whether his 2 x great-grandson inherited any of these traits?