An article in British History Online , as illustrated by this John Zephaniah Bell painting says:
“Here [Westminster Abbey/Sanctuary/Cheyneygates] the unhappy queen [Elizabeth Woodville] was induced by the Duke of Buckingham and the Archbishop of York to surrender her little son, Edward V., to his uncle Richard, who carried him to the Tower, where the two children shared a common fate.”
Ashdown-Hill’s The Mythology of the “Princes in the Tower” (ch.9, p.49) talks about the confusion between Shrewsbury and Sir Richard Grey, who WAS arrested at Stony Stratford. ch.10 p.54 includes your c19 portrait: “Buckingham was also a leading member of a delegation which, on Monday 16 June, was sent by boat a short distance up the Thames to Westminster Abbey, to try to persuade Elizabeth Woodville to release her younger son, RICHARD DUKE OF YORK, from sanctuary and send him to join his elder brother at the King’s Lodgings in the Tower. However, the person who actually led the deputation into the sanctuary at Westminster had to be a priest. Therefore the group was led by another royal cousin, Cardinal Bourchier, Archbishop of CANTERBURY”.
The same volume points out that we don’t know about any “common fate”, whilst putting us in a better position to find out.
‘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.
Some thoughts on source material about events of 1483, the pre-contract and murder.
I read a series of blog posts recently that sought to prove beyond a reasonable doubt that Richard III ordered the deaths of his nephews. Whilst I don’t take issue with holding and arguing this viewpoint I found some of the uses of source material dubious, a few of the accusations questionable and some of the conclusions a stretch. There are several issues with the narrow selection of available sources that continually bug me. It is no secret that any conclusive evidence one way or another is utterly absent but I have issues with the ways the materials are frequently used.
There are four main sources that are often used, two contemporary and therefore primary sources and two near-contemporary which are habitually treated as primary. The farthest away in time from the events that it describes is also the one traditionally treated as the most complete and accurate account, which…
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Anti-Ricardians often partly justify their dislike of Richard III on account of his unattractive crown-hunger, claiming that he was always desperate to be king, spent his life plotting to this end and ruthlessly eliminating anyone who stood in his way, and cite as proof the prompt “usurpation” of his nephew Edward V in 1483.
I’ve always found this arrant nonsense. At the time of Richard’s birth in 1452, the throne was squarely occupied by the House of Lancaster; and while many people felt that his father Richard, Duke of York would make a better king than Henry VI, the Yorkist claim was not at this point being actively pursued. Moreover, having three healthy older brothers above him in the pecking order for titles, as a child Richard was but a minor princeling – and when Queen Margaret produced a Lancastrian Prince of Wales in 1453, neither he nor his brothers were remotely serious contenders for the crown.
The situation didn’t change until 1460, when Richard of York’s short-lived stint as heir-apparent raised young Dyckon to fifth in line to the throne. Then he edged a step closer when the Duke’s death at Wakefield was avenged at Towton in 1461 and his eldest brother confirmed as King Edward IV; but thereafter, his loyalty was absolute and his own best interests served by maintaining Edward’s position. I say this not as a ‘bride of St Richard’ who can believe no wrong of him, but because it doesn’t seem to square with the evidence. Think about it: their relationship made Richard of Gloucester the second most powerful magnate in the country, effectively king of the North, able to enjoy all the wealth and prestige without the dangers and burdens of wearing the crown. Edward was Richard’s protector and guarantor, his bulwark against Woodville ambitions; had he lived for another ten or twenty years, (by no means unlikely, given the robust health of their parents), his two sons would have been grown men with their own affinities, no doubt raised by their father to view their uncle as an indispensable political ally, and Richard would not have been king.
Ah, you say, but that didn’t happen – the black-hearted villain pinched his nephew’s crown practically before his brother’s body was cold! So he must have started planning his coup the moment he heard of Edward’s death – mustn’t he? Actually, no. Proceedings at the recent Richard III Foundation Inc. conference make it seem highly unlikely that Richard’s actions in the spring of 1483 were simply designed to lull the Woodvilles into a false sense of security while he laid his plans for usurpation. Susan Troxell, in her discussion of Richard’s heraldic emblem, showed the image of a gold angel naming Edward V as king and bearing a boar’s head mint-mark, dating it to the short period of the Protectorate. Surely issuing coinage is a step too far in terms of subterfuge; surely the implication is rather that Richard did indeed acknowledge his nephew as king, while simultaneously asserting his own intention to be firmly involved with the reign. Subsequently, he might have been satisfied with the role of Protector if he could have felt confident that the young king’s family would accept his pre-eminence. However, considering the dread fates of recent Protectors (Henry VI’s uncle Humphrey, the previous Duke of Gloucester, and his own father Richard), he had good reason to lack this confidence – especially as Professor Peter Hancock has now demonstrated, by an ingenious piece of historical detective work, that William Lord Hastings was not in London on 25th April 1483, but at his castle of Ashby where it seems likely that Richard met him as he travelled down from the north. There he would have received the unwelcome news that the Woodvilles thought they could rule very nicely without him – hence his precipitate actions in arresting Earl Rivers, Richard Grey and Thomas Vaughn and securing the person of Edward V at Stoney Stratford on 30th April.
Taking these two pieces of evidence together, I think it’s safe to say that in the immediate aftermath of Edward IV’s death, Richard of Gloucester had no thought of taking the throne for himself; this idea did not develop until the emergence of the pre-contract story and the dawning realisation that, just like his father, he had no choice but to press his own claim to the throne if he wanted to safeguard himself and his family’s future.
What happened in 1483 was certainly a revolution of sorts, however you dress it up. It is therefore rather naive to expect that everything ought to have been done in strict accordance with common and statute law. After all, it wasn’t in 1399 or 1461, was it? If you think Richard III’s election to the throne was a bit thin, please have a serious read-up on the election of Edward IV – it was a good deal thinner.
Let’s go through the events – again!
First, Richard did not act like a man who was planning to take the throne. After gathering the Yorkshire notables together to swear allegiance to Edward V, he went south with a following of about 300 men. This was probably a bit more than his normal riding-household, but it was certainly not an army, and Richard would have been well aware that Edward V had an escort of 2,000. The only immediate reinforcement he could expect was that of Buckingham (between 200 and 300, depending on who you believe). We have no reason to think Buckingham was, prior to this date, Richard’s lapdog or part of his affinity. At best he was a hoped-for ally. Northumberland, who was Richard’s associate in the north, and had vast resources in manpower, was left behind. Nor is there any evidence that Richard made any attempt to mobilise the rest of his own, considerable following.
Rivers, on the other hand, had taken care to check his own authority to raise men in the Marches. The only reason he did not raise more than 2,000 was that Lord Hastings had threatened to withdraw to Calais if he did. This demonstrates that something was going on at court to make Hastings suspicious. So Woodville plotting was not all in Richard’s head.
Richard met Rivers and Buckingham at Northampton, and here, undoubtedly, something happened. Richard’s suspicions may have been aroused by the fact that Rivers had sent Edward V forward to Stony Stratford, on the excuse (apparently) that Northampton could not hold all their retinues. Northampton was actually a (relatively) large place. Parliaments had been held there in the past. Richard may have assumed that Rivers was trying to delay the meeting between Richard and his nephew, or get Edward V that little bit closer to London.
Alternatively, what Buckingham said may have been the issue. For example, did Buckingham tell Richard that the Woodvilles were planning to ambush him? They were very close to what passed for Woodville country, so the general area would be a likely place for such an ambush. Next day, forewarned, did Richard take an alternative route to Stony Stratford to foil the ambush? It’s impossible to say, but such a scenario would help explain his sudden anger and his decision to arrest Rivers, Grey and Vaughan.
Another explanation is that Richard, having carefully hidden his plans up until this point, suddenly decided to usurp the throne. Perhaps his change of face was caused by a bad dish of lampreys. Anyway, on this explanation, Richard, going against every aspect of his character displayed to this point, inexplicably seized the perfectly innocent Rivers, Grey and Vaughan and had them thrown into custody. If this is the case, one wonders why he did not follow the example of his mentor, Warwick, and simply have his enemies executed on the spot. It would certainly have concentrated a few minds. But one must also wonder why he left so many men behind in Yorkshire if this was what he was planning all along. Why leave himself outnumbered by 2,000 to (at best) 600? It doesn’t make sense.
Surely the most likely explanation is that ‘something’ happened at Northampton which hardened Richard’s attitude. What that ‘something’ was exactly is impossible to say with assurance, but almost certainly it was something which he thought put his life in peril. A plotted Woodville ambush, or a tale of one, is a possibility.
Part 6 – “The peace of England, and our safety enforced us to this…”
“So mighty and many are my defects
That I would rather hide me from my greatness
Being a bark to brook no mighty sea
Than in my greatness covet to be had
And is the vapour of my glory smothered”
“ I am unfit for state or majesty”
Richard duke of Gloucester had to put his thinking cap on. His hopes for a peaceful transition from the reign of Edward IV to that of Edward V were dashed. The bishop of Bath and Wells’ revelation that Edward IV was still wed to Eleanor Butler when he married queen Elizabeth had cast a deep almost impenetrable shadow over the royal succession. If true, it meant that he, and not any of his brothers’ children, was the legitimate Yorkist heir. All the while he believed that Edward’s children were legitimate, the duke saw it as his duty to work towards Edward V’s enthronement regardless of his personal feelings. However, the truth was that England was not ready for a boy king, especially a Woodville one. The knowledge that young Edward and all his siblings were illegitimate presented the best opportunity to secure the peace and stability of the realm by putting a proven soldier and administrator on the throne instead of a callow youth. Once the duke was sure that the pre-contract was true his course was obvious. He must take the crown in the national interest and his own. The problem was that that course cut right across the creed he lived by: ‘Loyaulte Me Lie’. Duke Richard was a soldier, a practical man, a ‘doer not a wooer’. The requests for help from York and from his northern adherents were Gloucester’s military solution to a security problem. However, Gloucester the politician was in denial. Catesby’s news that Hastings had joined the conspiracy to murder him and Buckingham and that he (Hastings) had known of the pre-contract for some time raised another practical crisis he could get his teeth into. He had faced danger and death many times in his relatively short life. Ironically, it put him in his comfort zone to deal with this problem like a good soldier rather than a savvy politician.
My contention is that since emotionally he was unable to solve the paradox between what he — in his heart of hearts — knew he must do and what he wanted to do about the pre contract he took it out on Hastings. This dilemma clouded his judgment and led him to make two huge mistakes. His first and most serious mistake was to underestimate the role of Margaret Beaufort with Morton in this and in other conspiracies. His second mistake was his failure to bring Hastings before a properly constituted law court for his treason. The outcome was that it allowed his opponents to circulate adverse rumours about him and to defame his posterity. Worst of all, it united disaffected Yorkists and ambitious Lancastrians against him. All this, however, lay in the future. For the moment, he had retained the trust of the council and the city fathers, who believed he was acting in Edward V’s best interest. They were pleased that he had curbed Woodville power and removed the king from under their baleful influence.
“Look to see a troubled World”
We know from contemporary private sources that whilst there may have been an air of crisis over the weekend with armed gangs on the streets, Londoners in general (and I include the merchant middle class guilds and aldermen in this) and the councilors in particular did not see the threat as coming from the duke of Gloucester. Professor Hicks sums-up the situation nicely: “ Hastings’ death did not stir fears amongst the political leadership that Richard aimed for the throne, but, if anything served to reinforce fears of the queen and the Wydevilles (Woodvilles) and to strengthen trust in Richard.” Hicks also cites the enigmatic note of George Cely as evidence that Richard was not seen as the threat to the peace and stability of the realm: “There is great rumour in the realm. The Scots have done great [damage] in England. The Chancellor [Rotherham] is deprived and not content. The bishop of Ely is dead. If the king, God save his life, were to die; the duke of Gloucester were in any peril. If my lord Prince, whom God protect, were troubled. If my lord of Northumberland were dead or greatly troubled. If my lord Howard were slain.” This is not only a good indication of the fear and rumour prevalent, but it also shows that Cely (a Lancastrian wool merchant) feared for the safety of Richard. Notwithstanding Charles Ross’ assertion that the evidence of a Hastings/Woodville conspiracy rests entirely on Richard’s say so, Michael Hicks and Annette Carson both provide evidence that people believed him at the time. It is impossible to escape the conclusion that the accounts of Mancini, Crowland and the vernacular London Chronicles included ex post facto embellishments of these events, which were added for partisan reasons to blacken Gloucester’s reputation. They seriously exaggerated the backlash against him.
“You break not sanctuary be seizing him”
It is early Monday morning the 16 June 1483: grey and cheerless. An unseasonal chill wind is blowing from the east as the king’s councilors gathered at the Tower. They were understandably wary and nervous. The sudden execution of the Lord Chamberlain last Friday has caused consternation in the city. Notwithstanding the Lord Protector’s calming proclamation, treason is in the air; ordinary people had their swords and daggers to hand; armed men roamed the city streets. Everybody was edgy and suspicious. The tension was tangible. Once the council had assembled and the royal dukes were ready, the whole party moved to Westminster in boats, accompanied by ‘eight boatloads’ of soldiers. Thomas Bourchier the Archbishop of Canterbury together with Lord Howard and other councilors preceded to the Abbots house at Westminster escorted by the soldiers. The dukes of Gloucester and Buckingham with the remainder of the council adjourned to the Star Chamber at Westminster Palace to await events.
After an emotional exchange with the Archbishop, the queen allowed her youngest son to leave sanctuary. She is said to have done so graciously, ‘as far as words went’. Nevertheless, she and the remainder of her family remained in sanctuary. Following a brief reception at Westminster Palace, the young duke of York was escorted to be with his brother in the royal apartments at the Tower. The council then turned to the other main business of the day: the king’s coronation. The councilors were satisfied that the Lord Protectors actions on Friday were justified. The Woodville faction was still regarded as the biggest danger to the stability of the realm. Two important decisions were made. First, the coronation was postponed from the 22 June until the 9 November 1483. Second, the Parliament fixed for the 25 June was cancelled. The business of the day was done.
It is obvious that Gloucester had prepared for the removal of York from sanctuary. The eight ‘boatloads’ of troops did not magically appear. They were organised and tasked for their role beforehand. Similarly, the decision to pierce the sanctuary boil had to have been taken over the weekend. Things like that cannot be done extempore. It suggests some basic rethinking by Gloucester. The presence of the young prince was desirable at his brother’s coronation; it was unthinkable that king Edward should be crowned without him there. Indeed, that was the reason given to the queen by the Archbishop when requesting York’s release. The subsequent postponement of the coronation and the cancellation of Parliament were the inevitable consequences of the events of the previous week. In theory it gave more time for reconciliation between the Lord protector and council, and the queen. However, the reality was that reconciliation was almost impossible now. Though in practical terms, the cancellations gave Gloucester more time to resolve the pressing problem of the pre-contract.
If Gloucester decided to seize the crown the possession of both Princes was a pre-requisite. This may explain the ambiguous use of troops. It’s true that the soldiers could have been there simply to protect the royal family and the councilors from the armed gangs in London. It might have been just happenstance, but there is little doubt that the presence of troops was meant to put pressure on the queen to release her son. Mancini reports that Gloucester intended to use force if necessary, and the credulous Professor Charles Ross believes that Gloucester would have risked the ‘moral obloquy’ of forcing sanctuary’ if need be. I’m not so sure he risked obloquy by forcing sanctuary. It would not have been his preference, but he had tried all reasonable means to persuade the queen to re-join the court and she was obdurate. He was a deeply religious man, almost puritan in his piety and it would have grieved him. However, he had the backing of the council, and I doubt if the Archbishop of Canterbury would have acted as his spokesman if he thought Gloucester was a threat to Edward V; neither could Gloucester compel him to do so.
I have been thinking about what has happened over this weekend 532 years ago. What does it mean for Richard duke of Gloucester? Did he do the right thing? And what should he do next? I suspect that those were also his thoughts half a millennium ago. From his perspective, the weekend was a success. The plan was good and its implementation almost flawless. He crushed a dangerous conspiracy with ease; three of the conspirators are in custody and Hastings is dead. Reinforcements from the north are being organised and he now has custody of both of Edward’s sons. Nevertheless, I have the feeling this was the weekend when Richard won a battle but lost the war. Fatally, his ‘victory’ was nor decisive. His most dangerous and inveterate enemies escaped, and those he did capture were allowed to continue their treasonous plotting unhindered. Even that peerless Ricardian Sir George Buck criticizes Richard for not executing John Morton and keeping Margaret Beaufort incommunicado under lock and key.
Anthony Woodville Lord Rivers, Sir Richard Grey and Sir Thomas Vaughan were executed on the 25 June 1483. Sir Richard Ratcliffe supervised their execution under the auspices of the earl of Northumberland and Ralph Neville. Both Mancini and Crowland say that they were executed without trial or justice. However, the presence of Northumberland suggests that there may have been some form of judicial process. Mancini says that Richard gave the order for this execution on his own authority and in defiance of the council’s earlier decision not to charge Rivers et al with treason. However, Gloucester had no reason to flaunt the council, nor was he likely to do so as he was dependent on their support. He ordered their execution in his capacity as the Lord Protector and Defensor of the realm, with specific responsibility for defending England against external enemies and internal traitors. I have little doubt myself that Rivers, Grey and Vaughan fall into the category of traitors.
Be that as it may, more important to me in this essay, is what this tells us about Gloucester decision to claim the throne by right of strict inheritance. For the executions to take place on the 25 June, they had to have been ordered by the 16 or 17 June 1483 at the latest. Hicks infers that Sir Richard Ratcliffe carried the death warrants north on the 11 June 1483 with Gloucester’s urgent plea for help: but he is mistaken. Crowland writes explicitly that Sir Richard Ratcliffe with the northern lords and their troops were moving south when they interrupted their journey at Pontefract to execute these prisoners. Indeed, they bought Rivers and Grey with them from where they were incarcerated to the place of execution. This indicates to me that they knew the duke’s need for troops was no longer so urgent since he had already foiled the Woodville conspiracy. It is also clear that at the same time they received instructions to execute the Woodville traitors. The inference that I draw from this is that duke Richard sent another message north; one, which, by its secret nature, we may never know about. This contained not only the details of the arrest and execution of Hastings but also the warrants for the execution of Rivers Grey and Vaughan and it must have been sent after the 13 June and before the 17 June 1483. That is when I believe Gloucester decided to assume the crown in place of his nephew. He could not have contemplated executing Rivers and Grey unless he intended to become king of England.
 I have not forgotten Edward of Warwick, Clarence’s infant son. It is simply that he was never a serious contender for the throne. First he was the son of an attainted traitor and second, he had no support amongst the English nobility for the reversal of the attainder or for his succession.
 As the youngest son of a duke, Richard was not expected to succeed to the throne. Consequently, his upbringing, training and experience had done very little to prepare him for this situation. Throughout his adult life he had served his brother faithfully and well in a subordinate capacity. His training and aptitude for soldiering, and his military experience, combined with his successful tenure as ‘Lord of the North’, demonstrated that duke Richard was a capable governor and certainly not a soft touch. However, his voluntary absence from Edward’s decadent court meant that he was unused to the intensity and causticity of Beaufort and Woodville intriguing when he had to deal with it. A shrewder politician might have seen the danger of the Beaufort/Tudor/Morton axis earlier, and dealt with it.
 Michael Hicks – Richard III (Tempus 2000 revised edition) at pages 114-116. Hicks’ analysis of the contemporary opinion of Richard during May and June 1483 supports the view that his action in curbing the Woodvilles was popular and the execution of Hastings was justified. In fact, Hicks makes a point of rejecting Mancini’s account as hindsight, along with other chronicle accounts. He observes, “The events that follow are a better guide.”
 Charles Ross- Richard III (Yale 1999) at page 81
 See Hicks, ibid. See also Annette Carson – Richard III: the maligned king (The History Press 2013 revised edition) at pages 102-104. Carson is a particularly useful reference since the author has helpfully collated the relevant sources for this episode in one place. It obviates the need for me to go into any more detail.
 I have followed the following sources in reconstructing this event. AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III [Oxford, 1969]) at pages 89 and 124, note 74. See also Nicholas Pronay and John Cox (editors) – The Crowland Chronicle continuations 1459-1486 (Richard III and Yorkist History Trust 1986) at page 159; and also Richard J Sylvester – The complete Works of St Thomas More, Volume 2: the History of King Richard III (Yale 1963) at pages 45-49 and note 46/7-47/1 page 216.
 Ross, page 87.
 Hicks, at pages 132-133; Hicks makes the point that Northumberland and Neville were hardly likely to comply with Gloucester’s instructions unless they were assured of immunity from any recriminations. His inference that they knew of Gloucester’s intended usurpation before they set out from the north is inescapable. However, and not for the first time, professor Hicks has failed to explore other possibilities. Instead, he confines himself to an inference that fits his pre-conceived conclusion that Gloucester was deceiving the council and manipulating public opinion. It is a conclusion based on the premise that usurpation was always his intention. A premise, which is not supported by the evidence of what actually happened between April and June 1483.
 Crowland at page 161
Part 2: The hearts of men are full of fear
“ My Lord, whoever journeys to the Prince,
For God’s sake let us two not stay at home;
For by the way I’ll sort occasion
As indexed to the story we late talked of,
To part the Queens proud kindred from the Prince.”
(Shakespeare: Richard III)
“Why this it is when men are ruled by women…”
Loyaulté me lie. That is Richard Duke of Gloucester’s personal motto. It means ‘loyalty binds me’ and it was much more than a motto to duke Richard; it was a lifestyle choice. Throughout his relatively short life he displayed a rigid and remorseless dedication to the chivalric code of personal loyalty. He was loyal to those he loved, and to those who served him well. He was loyal to those he trusted regardless of the circumstances, regardless of his personal feelings and, fatally for him, regardless of the consequences.
Every schoolboy should have a hero. Richard Plantagenet’s hero was his magnificent eldest brother, Edward. In late 1460, when he was in lodging in London with his other brother George and his sister Margaret, Edward used to visit them every day. To Richard, aged just seven “…he shone with the blaze of mighty affairs and was the companion of paladins. Yet he took care to watch over his brothers and sister, regaling them with tales of his adventures, warming them with his affection and his greatness. How could there be anything better than to follow forever and to serve this wonderful brother, so splendid, so kind?” Yet for all his devotion and loyalty to his brother, Richard was his own man: they argued. For example, in 1475 he disliked the fact that Edward had accepted a French bribe to such an extent that he returned to England, having himself refused the French king’s bung. And then there is the question of his relationship with the Woodvilles. We need not give too much credence to the notion that he hated the queen and her relations; his loyalty to Edward would not permit that. However, I think its fair to say he disapproved of the king’s relatives by marriage. When Richard left York on about the 23 April 1483 he was still in the service of the dead king and intent on ensuring that his wishes were fulfilled. He would work dutifully toward the enthronement of his nephew king Edward V because that is what his brother expected of him; that is what he expected of himself.
A lot had happened in the two weeks between Edward’s death and Gloucester’s departure from York. Hastings was keeping him informed of events in London by letter and messengers. Gloucester had been corresponding with Henry Stafford, duke of Buckingham who was in Brecon; they “… exchanged views and agreed to unite their resources…” Hastings was clearly aware of the Gloucester-Buckingham alliance and anticipated that they would both journey to London. Finally, Gloucester had written to the king at Ludlow to arrange a rendezvous en route to London so that Gloucester and Buckingham could accompany him “…that in their company his entry to the city might be more magnificent. The king assented to this and did as they requested ”. Gloucester’s predicament is beautifully summarized by Kendall “ Precisely what was happening in the capital he could not tell; precisely what attitude Lord Rivers and his two thousand men would take at Northampton he did not know. He did know that the authority of the protector was rightfully his, and he trusted in his abilities and the will of the realm to make good that authority. There is something at once naïve and formidable about Richard’s rigorous confidence in the face of opposition so aggressive and a political situation so complex and so explosive.”
“Last night, I hear, they lay at Stony Stratford…”
The rendezvous at Northampton was a defining moment in a series of events that would lead Gloucester inexorably towards the throne. To his detractors, his actions are proof that he intended all along to usurp the throne; to his defenders, they mean the exact opposite. They are proof of a Woodville plot to ambush and kill the dukes of Gloucester and Buckingham. Given this gulf in opinion, it is all the more annoying that we have no eyewitness testimony or a trustworthy third-party report of events. The versions subsequently published in the vernacular chronicles, in Mancini’s report and in the Crowland Chronicle are all based on hearsay. What’s more, the vernacular chronicles’ are brief and in some cases obviously inaccurate. Furthermore, the two main sources, those of Mancini and Crowland, differ significantly in their detail. This makes it difficult construct a credible narrative of the sequence of events. Nevertheless, there are three things we can be sure of. First, The king did not wait for Gloucester and Buckingham at Northampton as agreed; given the context, it is understandable that the royal dukes might think that was suspicious. Second, Gloucester secured custody of the king’s person, which was the key moment in crushing the Woodville coup. Third, Gloucester arrested Rivers, Grey, Vaughan and others, and sent them to his castles in the north; his breach with the Woodville’s was now irrecoverable.
“ Those uncles that you want were dangerous…”
When Gloucester arrived at Northampton on the 29 April 1483, neither the king and his party, nor the duke of Buckingham was there to greet him. Later that day, Anthony Woodville, earl Rivers arrived and explained the King’s absence. He said that the accommodation at Northampton was insufficient for the needs of the king and his party, and those of the dukes Gloucester and Buckingham. Consequently, the king had moved on to Stony Stratford, fourteen miles closer to London. Gloucester accepted this excuse with good grace but it is certain that he was not fooled by what he regarded as Rivers’ deceit. In view of what Hastings had already told him, Gloucester most probably regarded this as a blatant attempt to prevent him from meeting the king, and part of the Woodville plot to rule through a compliant monarch.
Gloucester Buckingham and Rivers spent a convivial evening together. Later, after Rivers had retired to bed, the dukes discussed the situation: it was dangerous. They were outnumbered three to one and they were no nearer meeting the king. Nevertheless, Gloucester, an able and experienced soldier, was not a man to lose his nerve or to be intimidated by the size of the ‘opposition’; he devised a good plan, relying on speed and surprise. Before dawn on the 30 April 1483, the dukes’ men surrounded Rivers’ accommodation. They disarmed his guards and posted their own. Nobody was allowed in or out. Meanwhile, they deployed men on the Stony Stratford road to prevent news of what was happening in Northampton reaching the king and his party. Rivers, on being told of this by his servants, protested but to no avail: Gloucester was in control of the situation.
Gloucester and Buckingham rode to Stony Stratford. There, they found the king and his retinue on the point of departing. Indeed, one detachment has already started for London. Dismounting, Gloucester, with his whole retinue kneeled in homage to the king. After paying due condolence to him on the loss of his father, Gloucester explained in calm but plain terms what was happening. He told the king that some of his father’s ministers had encouraged his excesses and ruined his health. They must not be allowed to do the same thing to young Edward. Moreover, he “…accused them of conspiring his death and of preparing ambushes both in the capital and on the road, which had been revealed by their accomplices. Indeed, he said it was common knowledge that they had tried to deprive him of the office regent conveyed on him by his brother (the late king)”.
Edward defended his ’friends’. He said that he was satisfied with the government his father had arranged for him; nevertheless, he was outmatched by the two dukes and had no choice but to acquiesce. Having gained control of the King, Gloucester ordered the escort of armed soldiers to disperse to their homes. His reputation as the first soldier of the realm, his calm authority and the loss of their leadership ensured that his order was obeyed; the Woodville ’army’ seems to have just turned around and gone home. Sir Richard Grey (the King’s stepbrother) and his servant Sir Thomas Vaughan were arrested, along with Rivers and some others, and sent in custody to Richard’s strongholds in the north. The king was escorted back to Northampton, where all contact was severed with his Woodville kin and his old servants. Gloucester provided his own picked men to serve the king.
Richard’s coup at Stony Stratford was a neat mopping-up operation. He had gained custody of the kings person without bloodshed, using the minimum force to maximum effect. It could not have been handled better. For the first time, Richard had the initiative in the power struggle with the queen and her kindred. What’s more, his action to curb Woodville ambitions was popular — at least for the moment. Lord Hastings is reputed to have boasted that the transfer of power had been achieved without so much blood as could be got from a cut finger.
After spending a few days at Northampton, tidying-up the kings affairs and writing to the Lord Mayor and Citizens of London explaining his action and assuring them of his good intentions, Richard escorted the King to London. His situation was transformed, but he still had problems. The power struggle was not over yet.
“The tiger now hath seized the gentle hind”
Most historians see only the guilty hand of Gloucester at work on the 29 and 30 April 1483. They regard his ‘ruthless seizure’ of the young king’s person as a prerequisite for his later usurpation. It is an opinion based largely on the near-contemporary hearsay accounts of what happened and the later Tudor embellishments. How anybody can be so certain of Gloucester’s motives after more than five centuries and in view of the ‘mosaic’ of conflicting and confused source material is a mystery, which is almost as baffling as the disappearance of the two princes. The conclusion that Gloucester was the villain in this power struggle seems perverse in the face of the contrasting behaviour of those involved.
The queen and her party acted provocatively, making a deliberate attempt to impose an unconstitutional regency government on the realm: by force of arms if necessary . Gloucester, on the other hand, reacted with impeccable correctness. His response was loyal and measured. He affirmed his fealty to young Edward V on oath, and in a letter to the queen and the council. He made his leisurely way towards London after first hearing a requiem service in York for his brother. He was accompanied by only three hundred of his own retainers and he declined Buckingham’s pragmatic offer to bring a thousand men to the meeting at Northampton. Given that he probably knew the size of the king’s escort, his actions are hardly those of a man intent on seizing the throne. If they were, he could only hope for success without expecting it. There can be little doubt that Gloucester, supported by Buckingham, was intent on gaining control of the situation in order to ensure a constitutional settlement. However, it is irrational to conclude from those facts that Gloucester was intent on usurpation: unless, of course, one has a preconception of his male fides.
Mancini’s interpretation of the facts throughout his narrative is coloured by his assumption that Gloucester always intended to seize the throne. There are also difficulties about Crowland, who had a clear prejudice against Gloucester, which may or may not be due to his unreasoning hatred of northerners. Although Professor Ross assures us that modern historians discount the Tudor tradition in favour of inferring Gloucester’s “…character and motives from a close scrutiny of the events themselves, without preconception”, it seems obvious to me that the notion that all Gloucester’s actions were deceitful, regardless of the lack of objective evidence of his evil intent, suggests a predisposition to believe the worst of him no matter what.
The news that Richard had secured control of the King seems to have reached London sometime during the night 30 April-1 May 1483. According to Mancini: “ The unexpectedness of the event horrified everyone. The Queen and the Marquis, who held the royal treasure, began collecting an army to defend themselves and to set free the young king from the clutches of the dukes. But when that exhorted certain nobles who had come to the city, and others, to take up arms they perceived that men’s minds were not only irresolute, but hostile to themselves. Some even said openly that it was more just and profitable that the youthful sovereign should be with his paternal uncle than with his maternal uncles uterine brothers.”
As Kendall points out, whatever men may have thought about the conflict between the queen and the, duke of Gloucester, few identified the Woodville cause with that of the young king. In any event, the Woodville’s panicked:“ Lacking either the innocence or the courage to quietly await the king’s arrival, they could only think of flight.” These comments though harsh are probably correct. Panic or not, the Marquis of Dorset did not forget to loot the Tower of London of the king’s treasure before retreating to sanctuary.
. Paul Murray Kendall – Richard the Third (Geo Allen and Unwin 1955) at page 38; I accept that Kendall’s flowery writing style verges on the sentimental at times, but his biography of Richard brings him alive in ways other authors cannot hope to reach)
. Dominic Mancini – The Usurpation of King Richard III (AJ Armstrong editor) (Oxford 1969 edition) at pages 71-73.
. Mancini at page 75; see also Armstrong’s note 43 at page 115 for a detailed discussion of how the two dukes might have corresponded.
. Nicholas Pronay and John Cox (editors) – The Crowland Chronicle continuations 1459-1486 (Richard III and Yorkist History Trust 1986) at page 155.
. Mancini at page 75; see also the note 44 at page 115. Armstrong’s suggestion that Rivers went considerably out of his way to rendezvous with Gloucester and Buckingham is an unproven assumption. Notwithstanding that, Charles Ross (Richard III – Yale 1999 at page 71) and Michael Hicks (Richard III -The History Press 2009 edition at pages 161 and 162) both repeat it. Stony Stratford is situated on Watling Street (now the A5 trunk road), which itself passes within about five miles of Northampton. Watling Street was then and for many years afterwards, the main route from Shropshire to London. To journey by any other route was simply impracticable for such a large party as the king’s (2000 soldiers and their impedimenta, household officials and royal servants with their impedimenta). The alternative route through Worcester and Oxford was possibly shorter but it was hardly quicker for such a large body of men and equipment. The terrain through the Mendip and Chiltern Hills is problematic and the royal ‘snake’ would have been much longer, not to mention the logistical problems. The rendezvous at Northampton made sense for its convenience if nothing else. However, it may have suited Rivers for other reasons. If he was planning to ambush Gloucester and Buckingham, this was the place to do it. It was close to the Woodville family seat at Grafton Regis and the terrain was ideal for an ambush. The key question is: who suggested Northampton? It is not a frivolous question because what happened in Northamptonshire at the end of April 1483 is regarded as proof either of Richard’s guilty mind or of the Woodville’s guilty minds, depending on one’s point of view.
. Kendall at page 165: however, he is not quite right about Gloucester’s authority as Lord Protector. The fact is that at this stage he had no authority as Lord Protector. Under the constitutional settlement of 1422 a king has no power to determine the governance of the realm after his death; he could suggest but not direct.
. I have adopted the Mancini sequence, which though different to Crowland and some of the vernacular sources, seems more plausible to me..
. We do not have the detail of this discussion or what information Buckingham had. He may, for instance, have warned Gloucester of an ambush (See Gordon Smith – Stony Stratford: the case for the prosecution R3S Bulletin, spring 2004 at pages 27-32). www.richardIII.net/http://issuu.com/richard_third/docs/2004_03_spring_bulletin?e=7156033/4522512). Smith postulates the possibility that the RV at Northampton suited Rivers because it was close to Grafton Regis, which was situated on the shortest road between Northampton and Stony Stratford. Rivers sited a deliberate ambush on that road with a view to enticing the dukes into it. However, Buckingham who was following Rivers down Watling Street realized something was wrong after he turned off for Northampton at Weedon. It soon became obvious that the king with his large escort had had continued straight on to Stony Stratford, making no attempt to visit Northampton. Buckingham warned Gloucester, who acted as he did next day. The dukes avoided the ambush by moving to Stony Stratford via Towcester and taking the king’s party by surprise from behind (Smith’s article in the R3S Bulletin has two useful diagrams which explain how the ambush was planned and how it the two dukes foiled it.).
. See Mancini at page 77; it is important to point out that neither Mancini nor the author of the Crowland Chronicle accept Gloucester’s assertion of a plot against him. Both regarded the seizing of the king as part of his plan to usurp the throne at any cost. They also note that despite Gloucester’s popularity in some quarters there were people who were suspicious of his intention even at this time.
. Ralph A Griffiths – The Reign of King Henry VI (Sutton Publishing 1998 edition) at pages 19-24; see also Annette Carson ‘Protector and Defensor: the constitutional position’ at www.ajcarson.co.uk (27 Apr 14). Richard duke of Gloucester’s appointment as Lord Protector was based on a constitutional precedent set in 1422 following the untimely death of Henry V. On his deathbed, the victor of Agincourt appointed his youngest brother Humphrey duke of Gloucester as virtual regent (tutelage) in England during Henry VI’s minority. However, the concept of personal rule by a regent was unknown to English constitutional practice, which owned that ‘royal authority’ can only be exercised by the monarch in person In council and in Parliament, the lords rejected Henry’s wish on the grounds that it was ‘repugnant’ to them, and also because, as a matter of principle, a king cannot be allowed to determine the governance of the realm after his death. The solution devised was to offer duke Humphrey the post of ‘Defender of the realm and Chief Councilor to the king’. The lords made it clear that his role imported his personal attendance to the defence of the realm against external enemies or internal rebels“…but no name of tutor, lieutenant-general, nor regent nor no name that should import authority of governance of the realm.” The Lords reserved to themselves the right to govern during the king’s minority and they left the personal upbringing of the king to his mother and the royal household. Not only that, but the appointment was in the gift of the king; the Lord Defensor (which would develop into the Lord Protector) must come and go at the whim of the king/lords. Gloucester’s father Richard duke of York knew this in 1454 and 1455 during Henry VI’s incapacity. He resigned his appointment as Lord Protector as soon as he was told to. This is the role that Edward V wished his brother to take-up in 1483. A king cannot rule from the grave, so Edward could only suggest Gloucester’s appointment: he could not compel. There was nothing irregular or unconstitutional about Edward’s deathbed codicil. He was, in fact, expressing his preference for a 1422 type minority rule. The difference between 1422 and 1483 was simply this: in 1422, the lords were moved to prevent the king dead from imposing an unconstitutional settlement, which they feared opened the door for despotism; whereas, in 1483 Gloucester, supported by the anti-Woodville lords, was moved to prevent the queen and her family from imposing an unconstitutional settlement on the realm, which they too feared might lead to despotism. That was a situation that Edward IV had not anticipated. Until his appointment was confirmed by the lords in council Gloucester held no constitutional authority as Lord Protector. The other point of note is that, under the terms of his appointment, Gloucester was not the ‘protector’ of the king’s person. Ordinarily that would be left to his mother and the royal household. Though in this case, the Woodvilles’ behaviour made it impossible for the king to remain in their custody, care and control.
. Mancini at page 17; in his introduction, professor Armstrong notes that Mancini showed little animus to Gloucester “…save for his assumption that the duke of Gloucester was always aiming for the throne.” Such an assumption is so prejudicial that one wonders whether Mancini’s narrative has any historical value at all. It coloured his interpretation of events throughout his account. Every good act of Gloucester’s is regarded as evidence of his deceitful, dissembling nature; every firm or decisive act is proof of his cruelty and tyranny. There are other reasons for not accepting Mancini’s account at face value. Some basic errors of chronology and geography coupled with doubts about the provenance of his sources, and his misunderstanding of the workings of Parliament all suggest that ‘ Mancini is no more reliable that More or Vergil’.
. See AJ Pollard – ‘North, South and Richard III’, an article published in ‘Richard III: crown and people’ – J Petre-editor (Richard III Society 1985) at pages 349-355, for a discussion of regional friction and differences in fifteenth century England. Interestingly, the author (no Ricardian) make a good case for the notion that those people who actually knew or had served Gloucester thought well of him. This article first appeared in the ‘Ricardian’ (volume 5, number 74, Sep 1981 at pages 384-388).
. Ross at page 63: I cannot agree with professor Ross. I see little evidence of objectivity in Ricardian literature generally. Ross (page 64) refers to the “…extraordinary problems of the evidence…” and especially the problem of answering the vital question: when and why did Gloucester decide to go for the throne? If, as Ross suggests, historians really do eschew the Tudor tradition in favour judging for themselves from peoples’ actions, then there is no rational basis for disbelieving Gloucester’s bona fides; unless you have a preconception that everything he did, was in bad faith. If historians are relying on hindsight to argue that the sequence of events and their timing indicate that Gloucester must have been planning usurpation, then their logic is flawed. That argument is quite simply a non sequitur.
. Kendall at pages 178-179: it seems that Sir Edward Woodville had sailed with the Royal Navy and his share of the treasure on the day before news reached London of the events at Northampton. The loss of this treasure and the Royal Navy were to significantly hamper Richards attempt to carry out the essential government of England. In particular it undermined attempts to protect the south coast from French pirates.