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A Grey Day

The Grey family, originally from Northumberland, are a consistent feature of English history from the Southampton plot of 1415 to Monmouth’s rebellion nearly three centuries later.

Sir Thomas Grey (1384-1415) of Castle Heaton was a soldier and one of the three principals in the Southampton plot against Henry V, revealed to him by Edmund Mortimer, 5th Earl of March, at Portchester Castle. His connection to the House of York was that a marriage had been arranged between his son and Isabel, the (very) young daughter of Richard of Conisbrough, Earl of Cambridge. The betrothal was cancelled as one of the consequences of the plot’s failure. It may have been related to Grey’s purchase of the Yorkist lordship of Tyndale. (The sale of which demonstrates how relatively hard-up the second Duke of York was at this time.)

Sir John Grey of Groby (1432-61) was the son of Edward Grey, Baron Ferrers of Groby and a grandson of the third Baron Grey of Ruthin . Married to Elizabeth Wydeville, by whom he had two sons, he fought for Henry VI at the Second Battle of St. Albans and was killed there.

 

Lady Jane Grey (1537-54) was the daughter of Henry Grey, who had become Duke of Suffolk on his marriage to Frances Brandon, Henry being Sir John’s

great-grandson. Edward VI had named Jane as his heir and her father, together with John Dudley, Duke of Northumberland and Archbishop Cranmer sought to implement this on  Edward’s 1553 death, contrary to Henry VIII’s succession legislation. She married Northumberland’s son Lord Guildford Dudley and planned to create him Duke of Clarence but their coup was thwarted and the principals imprisoned. Wyatt rose in early 1554, apparently in favour of the Grey-Dudley faction, so Jane, her husband, father and father-in-law were beheaded close to the St. Albans anniversary. This “Streatham portrait” is possibly a retrospective of Jane, having been painted years after her death. She was also the great-niece of Viscount Grane, formerly Deputy of Ireland, who was beheaded in July 1541.

Ford Grey, Earl of Tankerville (1655-1701) was also Viscount Glendale and Baron Grey of Werke. As a veteran of the Rye House Plot, he escaped from the Tower and joined the Duke of Monmouth in exile before joining the Duke’s rebellion two years later. At Sedgemoor, he led the rebel cavalry but was captured, whereupon he gave evidence against his co-commanders and his attainder was reversed in 1686. Within another nine years, he was appointed to William III’s Privy Council and served in several other offices.

This genealogy connects Sir Thomas to Henry Grey Duke of Suffolk, Lady Jane Grey’s father, through his Mowbray brother-in-law. This shows Tankerville’s male line descent from Sir Thomas’ grandfather.

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1484 – TITULUS REGIUS: FACT OR FICTION?

 

Introduction

‘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,[1] 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.[2]

 

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.[3] 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.[4] 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.[5] 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.[6] 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.’ [7]

 

If true, it made Edward’s subsequent marriage to Elizabeth Grey bigamous and their offspring illegitimate, and unable to succeed to the throne.[8]   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.[9] 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…’[10]

 

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.[11] 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[12], Dr Shaa preached to the dukes’ of Gloucester and Buckingham, and a ‘huge audience of lords spiritual and temporal[13] 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.[14] 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. [15] 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!’.[16] 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.’ [17] 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.[18] 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.’ [19] 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.

.

Titulus Regius

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.[20]

 

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.[21] 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.[22]

 

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’. [23] 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.[24]

 

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.” ‘ [25]

 

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.’[26] 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.’[27] 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.[28]

 

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.[29] 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.[30] In law, if something was so well known as to be notorious ‘neither witness nor accuser is necessary’.[31] 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.[32] 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.[33] 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[34]. 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.[35] 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.’[36] 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.’[37]

 

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.[38]

  • The first point relies on the current principle of English law that that bigamy ceases once one of the spouse’s dies. Richard’s detractors argue that no objection could be raised against the validity of Edward’s marriage to Elizabeth Grey or against the legitimacy of their children born after Eleanor Butler’s death on the 30 June 1468. However, in the fifteenth century the law was different; in those days under canon law, adultery when coupled with a present contract of marriage was an impediment to the subsequent marriage of the adulterous couple. Based on the facts of this case, the law in 1483 presumed that Edward had ‘polluted’ Elizabeth by adultery; consequently, they were forbidden from marrying at any time in the future, even after the death of Eleanor Butler. Medieval canonists considered this harsh, even unjust. Consequently, to mitigate its effect on an innocent party in a bigamous marriage, exceptions to the rule were allowed. For example, if Elizabeth Grey did not know of Edward’s previous marriage to Eleanor Butler, she would not be committing adultery knowingly and there would be no impediment to her marrying Edward after Eleanor’s death. Of course, whether this exception applied depends on facts we cannot now prove: did Elizabeth know about the pre-contract when she ‘married’ Edward? Unhappily for Edward and Elizabeth no investigation of the facts was or is necessary since the application of this exception rested on the legal presumption that Elizabeth acted in good faith. Owing to the fact that her marriage to Edward was clandestine, the law presumed bad faith on her part. Thus, she could not avail herself of its protection.[39]

 

  • The second point of law turns on the argument that as Edward and Elizabeth ‘had lived together openly and were accepted by the Church and the nation as man and wife’, King Richard’s claim was too late. Edward and Elizabeth lived openly together for nineteen years. Furthermore, fifteenth century matrimonial law recognised the validity of what we would call a ‘common law marriage’. It was also possible in certain circumstances to presume the legitimacy of any resulting children. However, the problem for Edward’s children continues to be the secrecy of their parents’ wedding. The presumption of validity only extended to marriages conducted in facie ecclesia. Furthermore, canon law specifically allowed questions of bastardy to be raised after the parents’ deaths, in order to settle issues of inheritance. Finally, it was and is a precept of English law that an illegal or improper act cannot be by its continuation over a long time. Far from making things better, Edward’s nineteen-year cohabitation with Elizabeth made them worse.

 

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 [1484] 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.”[40]

 

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.[41]

 

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.[42] 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.’ [43]

 

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;[44] 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.[45] 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.[46] 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.[47] 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.’ [48] 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.’[49]

 

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.[50]

 

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’.[51] 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.[52] 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.[53] 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.[54] 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.[55]

 

Conclusion

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.[56]

 

[1] A Conan-Doyle – The Adventures of Sherlock Holmes (Penguin 1981) p.1

[2]. 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)

[3]. Charles Ross – Richard III (Yale 1999) at p.64. This is still considered to be the standard biography of Richard III

[4]. Ross at p. LXVI

[5]. John Gillingham (editor) – Richard111: a medieval kingship (Collins & Brown 1993) passim

[6] David Horspool – Richard III: a ruler and his reputation (Bloomsbury 2017); Chris Skidmore – Richard III: brother, protector, king (Weidenfield & Nicolson 2017)

[7] . Phillipé De Commynes – Memoirs: the reign of Louis XI 1461-1483 (Penguin 1972) pp.353-354.

[8]. Sir James Gairdner – History of the Life and Reign of Richard III (Longman Green 1878) pp.113-115.

[9]  Sir Clement Markham –Richard III: his life and character (Alex Struick 2013 paperback edition) at p.101.

[10] 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

[11] Hanham (Cely Letters) pp.184-85; see also Michael Hicks – Richard III (Tempus 2000 edition) p.45, for a different translation of this letter.

[12] 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.

[13] AH Thomas et al [eds] – The Great Chronicle of London (London 1938) pp.231-233

[14] Paul Murray Kendall – Richard the Third (Geo Allen & Unwin, 1955) p.477, note 21

[15] AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III (Oxford, 1969) at p. 95

[16] The Great Chronicle; ibid

[17] Mancini p. 97

[18] SB Chrimes – English Constitutional Ideas in the Fifteenth Century (Cambridge 1936) pp.123-125

[19] 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]

[20] PROME pp.14-18

[21] Charles T Wood – The deposition of Edward V (Traditio Vol.30, 1935) p.236

[22] 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.

[23] David Horspool-Richard III: a ruler and his reputation (Bloomsbury 2017 edition) pp.164-165 and 290, note

[24] 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.

[25] 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.

[26] 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

[27] Griffiths ibid

[28] Griffiths ibid

[29] 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.

[30] PROME ibid

[31] PROME ibid; see also Helmholz p.98

[32] 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)

[33] David Baldwin -Elizabeth Woodville (History Press 2010) pp.10-11, pp150-154 passim; Susan Higginbottom – The Woodvilles (History Press 2015) pp.31-32

[34] 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.

[35] 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.

[36]. Nicholas Pronay and John Cox (editors) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.153.

[37]. Mancini p.67

[38] Levine ibid

[39] Helmholz ibid

[40] 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])

[41] 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’)

[42] 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. []

[43] Chrimes ibid

[44] 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.

[45] Pronay and John pp.169-171

[46] See PROME Vol XV pp. 5 and 7

[47] 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

[48] 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].

[49] PROME Vol XV ibid; see also Myers p.153

[50] 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/

[51] Chrimes p.285

[52] Chrimes pp.285-288; see also Myers pp. 146,149 and 153

[53] Chrimes ibid

[54] 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.

[55] 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.

[56] 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.

THE MISSING PRINCES-LOOKING IN LINCOLNSHIRE & DEVON

Philippa Langley has recently been on the road with ‘The Missing Princes Project’ making inquiries in Lincolnshire as to any local legends or folklore (such stories can often  hold a tiny grain of folk memory) relating to King Richard or the two boys.

Interestingly, author Sandra Heath Wilson in her novels has the  princes hidden at Friskney, which is in Lincolnshire. There is more to her choice of location than  a random place name chosen by an author ( but I will leave Sandra to do the telling, if she wishes to reveal!)

During Philippa’s recent talk, it was also mentioned that Richard, as Duke of Gloucester, overruled the choice of a mayor in Grimsby during 1474, and replaced the incumbent with his choice, Robert More. An unusual tidbit, as we do not generally think of Richard  as being ‘active’ in this area of Britain. Where was this More in 1483 or 84?

Several legends from different parts of the country seem to be emerging. Could this be because one or both of the princes were frequently moved to different locations, perhaps remote and unlikely ones, to avoid detection or possible rescue? Although mostly held in Sarum, Eleanor of Aquitaine was moved to other castles during her imprisonment; even more frequently shunted about was the unfortunate Eleanor, Fair Maid of Brittany, first prisoner of King John and then his son Henry III. Her exact whereabouts were hard to trace throughout her long years of imprisonment, though we know she may have been at Corfe castle and she definitely spent some time at Gloucester. It was only when she was too old to bear children and was allowed to enter a convent that her location became generally known. Later on, Mary Queen of Scots had many different places of imprisonment before her final date with destiny at Fotheringhay.

Another intriguing site I stumbled upon is that of Coldridge, a small village in Devon. In the church is a chantry chapel to one John Evans, who was keeper of the park and yeoman of the crown. Beyond that, nothing is known of his origin, although his name appears to be Welsh. Evans leased the local manor from Thomas Grey, Marquis of Dorset, the half brother to the princes, in the reign of Henry VII. In his own chapel, Evans lies in effigy, gazing towards a particularly rare stained glass window depicting Edward V with the crown suspended over his head as a symbol to acknowledge he was never crowned. Some guidebooks wrongly describe this glass as being of Edward VI, Henry VIII’s son, but it is clearly from an earlier period by clothes and hair, and then there is the matter of the crown.  Although not confirmed, some sources state that Evans, whoever he was, attended the funeral of Henry VIII’s first son, Henry, which is intriguing indeed.

(There is also a fragmentary section of a scowling man’s face just below the glass of Edward V, which has been thought to represent an evil Richard, but  that is possibly a more recent attribution, and it may have been part of another scene completely unrelated to the Edward V one.)

http://www.grimsbytelegraph.co.uk/news/grimsby-news/link-lincolnshire-missing-princes-15th-316618#ICID=sharebar_facebook

Postscript from viscountessw (Sandra Heath Wilson):- I lighted on Friskney in Lincolnshire for two reasons. Firstly, research revealed it to have been held by the Earl of Lincoln, and secondly it was occupied by the Kymbe family, one of whom, Thomas, became the third husband of Cicely/Cecily, younger sister of Elizabeth of York. This marriage was apparently a love match – if it wasn’t, I can’t think why she would have risked losing everything in order to make such a “low” marriage.

 

 

BERMONDSEY ABBEY AND ELIZABETH WYDEVILLE

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Elizabeth Wydeville, by an unknown artist, Royal Collection.

If anyone today wandering around Bermondsey, South London, should find themselves in redeveloped Bermondsey Square they may be surprised to find that they are standing on the spot where once stood the quadrangle of the Abbey of Bermondsey, the entrance  to the square being the site of the Abbey gatehouse.

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Nothing much hardly remains today above ground (after the archaeologists had completed their study of the Abbey remains in 2006 they were once again covered over)  other than some remains of the south western tower which can be seen below the glass floor of a restaurant and nearby houses on Grange Walk, 5, 6 and 7 which incorporate in their structure remains of one wall of the Abbey’s stone eastern gatehouse, particularly No.7,  where the chamfered south jamb with two wrought iron gate hooks still project.

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5, 6 and 7 Grange Walk, Bermondsey incorporating the remains of the Abbey gatehouse seen in 18th century engraving below.  Note the roof line still recognisable today and windows still in original positions. 

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18th century print of the Abbey Gatehouse.

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Drawing by C R B Barrett 1906 where the two Gatehouse hinges can clearly be seen with the remains of a third one still visible.

It is intriguing to remember that in this Abbey,  Edward lV’s queen lived out the last five years of her life, in the Clare guest suite, dying there on 8 June 1492,  She was the second queen to both retire and die there, the first being Katherine of Valois, Henry V’s widow.  Elizabeth commenced her retirement there in 1487 and debate still rages as to whether she retired there willingly or unwillingly with some good reason to be believe that her withdrawal there was forced upon her by her son-in-law, Henry Vll.  Certainly her removal there and the arrest of her son Thomas Grey followed hot on the heels of the news of the outbreak of the Lambert Simnel  rebellion and a council meeting at Sheen so that it might be reasonable to deduce that  Elizabeth and Thomas were implicated in that plot.  MacGibbon, Elizabeth’s biographer wrote ‘Henry is reported to have deprived Elizabeth of all her lands and estates, conferring them on her daughter, his queen, on the l May 1487, and finally to have induced her to spend the rest of her days in seclusion in Bermondsey Abbey in very reduced circumstances ‘(1).  Vergil, the Tudor historian was later to say that this was because Elizabeth had reached an understanding with King Richard three years earlier  upon which she removed herself and her daughters from sanctuary.  This is absurd and it may be that Vergil knew full well that Elizabeth’s retirement was not voluntary but did not know the precise circumstances or  chose not to repeat them it being unwise to record that Elizabeth and Grey may have got themselves involved in the Simnel rebellion because they both believed that Edward of Westminster and/or Richard of Shrewsbury were alive and well. Certainly it does seem a strange decision on Elizabeth’s part if she herself decided on the move to Bermondsey as she had only in the previous year taken out a 40 year lease on the Abbots House, known as Cheyneygates, at Westminster Abbey, conveniently  close to the Palace of Westminster ( 2 ).  Ah, man makes plans and the Gods laugh as they say.  MacGibbon also opines, rather contradictorily, as he seems rather besotted with Elizabeth, that ‘It is possible, if not probable, that Henry disliked his mother-in-law and in this he was no means singular, for there never was a woman who contrived to make more personal enemies’ but he adds as an afterthought, ‘but he ever deprived her of either property or dignity, remains to be proved’.  Furthermore, ‘far from being exiled from her daugher’s court, she was in that same year chosen as Prince Arthur’s godmother and attended at the font’ ( 3).  Finally, he plucks his ripest plumb from the tree, that on the 28 November 1487 Henry and James lll of Scotland agreed that the latter should marry Elizabeth as well as two of her daughters marry James’ sons.  However it must be remembered that at the time of James death, June 1488 none of these marriages had actually taken place and so it cannot be taken as a given that either King, particulary Henry fully intended these marriages to take place.  Indeed David Baldwin points out that ‘the proposed marriages had been mooted before the Simnel rebellion,  at least as early as the Three Years Truce signed on the 3 July 1486’ ( 4 ).

It has been said that it is unlikely that Elizabeth would involve herself in the Simnel plot, which would have culminated not only in the eviction of Henry, her son-in-law.  from the throne but also her daughter not to mention have robbed  her small grandson Arthur of his future   inheritance.  But on the other hand if she believed that the true intention of the plot was not to put Simnel/ young Warwick on the throne but one of her surviving sons, then it is highly likely that this is the very course she would have taken.  This may also explain any coolness that Elizabeth of York may have felt towards her mother and, if this were the case,   Elizabeth’s retirement,  brought about by  her diminished  financial circumstances,  leaving her with little choice, may have proved very  convenient for the royal couple, .  Certainly from Henry’s point of view Bermondsey must have seemed the perfect solution.  The accommodation itself, the Clare Suite, may have been deemed suitable by some  for an ex-queen although to Elizabeth, who had lived a life of luxury in many sumptuous properties  it must have seemed a massive case of downsizing, as we call it today, with a close watch on her movements and an occasional outing to keep any murmuring/speculation down.

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Interior of Great Gatehouse as it was in the 17th century.

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18th century print of one of the Abbey rooms before demolition

In summary

A)  1485.  Elizabeth is treated with deference by Henry, her title of Queen Dowager being restored to her in Henry’s first parliament which met a week after his coronation on 7 November 1485.  Acted as godmother to her grandson Arthur.

B) 1486.  Titulus Regius declaring the invalidity of Elizabeth’s marriage to King Edward was repealed in Henry’s first parliament  and on the 5 March 1486 she received annuities and a life interest in a raft of properties in southern England in full satisfaction of her dower (5)

C) 1486 July 10th.  Elizabeth takes  out a 40 year old lease on the Abbots House, Cheyneygates, at Westminster Abbey.

D) 1487.  February.  Shortly after news of the Lambert Simnel plot reached England Elizabeth retired to Bermondsey Abbey and her son Thomas Grey is arrested and put into the Tower of London.  Elizabeth’s biographer David Baldwin wrote Henry ‘deprived Elizabeth of all her properties, and confined her to Bermondsey on the unlikely grounds that she had imperilled his cause by surrendering her daughters, including his bride, to King Richard three years earlier’.

E)  1487 November 28th.  An agreement between Henry and James lll of Scotland for the latter to marry Elizabeth.  However, James died in June 1488 without this proposed marriage taking place.

F)  1489 November.  Elizabeth is present when Francois, Monsieur de Luxemboug, head of a visiting French embassy, met Elizabeth of York and her mother-in-law, Margaret Beaufort.  Although this might appear prima facie to indicate that all was well within the royal family, as it was surely intended to do,  the possibility exists that Francois, her kinsman,  had insisted on meeting Elizabeth and to avoid suspicion and gossip the meeting was duly arranged with the presence of Margaret stiffling any chance of a private conversation taking place which might have occurred had he met her in private at Bermondsey.

G)  1492 April 10th.  Elizabeth makes her will in Bermondsey Abbey.  There is no dispute, with her will still in existence, that her  condition was, for a dowager queen, extremely impoverished.  I do not have to go into the entire content of the will which is well know other than to repeat the words ‘I’tm where I have no worldly goods to do the queens grace, my dearest daughter, a pleasure with, neither to reward any of my children, according to my heart and mind, as is to me possible….’

H)   1492 June 8.  Elizabeth dies at Bermondsey Abbey.

It could be said that Elizabeth was the human rock that the House of York foundered, and finally, crashed upon, taking with it her two young sons, although this in no way pardons Edward with whom the buck must stop.  Perhaps he was giddy with his triumphs but certainly raging testosterone overcome common sense.  Edward seems to have kept his brains in his pants and the ensuing problems and tragedy that this later caused is well documented elsewhere and I need not go into it here.  Perhaps it would be hard hearted not to feel some glimmer of compassion when reading the pitiful will made at Bermondsey.  Elizabeth asked for a humble funeral and that is exactly what she got – even the herald reporting it was shocked – and so she was laid to rest in a wooden coffin without the usual inner lead one so that when the vault  in which she and Edward were interred was opened in 1789 all that remained of Elizabeth was a pile of bones and the remains of the coffin which had rotted away.  When the vault was resealed once again there appears to have been nothing left of Elizabeth, her bones having been stolen by Georgian souvenir collectors.  So Elizabeth remains a footnote in history, taking any secrets she may have had to the grave with her, including perhaps the whereabouts/fates of her two young sons.  She died knowing that her daughter was queen and that her blood would run through the future Tudor monarchs and perhaps she gained some comfort from that..but I wonder, did she ever muse on what might have been and what had been lost.  I leave you dear reader to make your own mind up about that.

 

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Remains of the Abbey revealed in 2006 prior to the Square being redeveloped

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Abbey staircase..

1. David MacGibbon, Elizabeth Woodville, a Life p.134

2. J Armitage Robinson The Abbots House at Westminster pp22-23

3. David MacGibbon, Elizabeth Woodville, a Life p 135

4.  David Baldwin Elizabeth Woodville Mother of the Princes in the Tower p115

5. Ibid  p109

CAN A PICTURE PAINT A THOUSAND WORDS?

It’s said a picture can paint a thousand words.  It certainly can but not always accurately.  It can distort the truth.  Art work based on the Ricardian period is certainly true of this.  Take for example the stunning painting by Edwin Austin Abbey, Richard Duke of Gloucester and the Lady Anne.

800px-Edwin_Austin_Abbey_richard_duke_of_gloucester_and_the_lady_anne_1896.jpgRichard Duke of Gloucester and Lady Anne, Edwin Austin Abbey, 1896.

Here we have an angst ridden Anne, while a definitely humpbacked Gloucester offers her a ring.  It just makes you want to shout at the canvas ‘run, run Anne and don’t look back..!’ although it should in fairness be remembered the painting is based on a scene from Shakespeare’s version of Richard lll rather than the actual facts.

There have been numerous paintings of Richard of Shrewsbury being removed from his mother, a distressed looking Elizabeth Wydeville, and although for all I know Elizabeth may well have been distressed on that day,  it aint looking good for the ‘wicked uncle’ is it?

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This version is by Philip Calderon.  Young Richard gazes tenderly at his mother   while being yanked away by his arm by a portly gentleman in red..poor little blighter.

A couple of paintings of the ‘princes’ do stand out for me.  The beautiful one by Millais (he used his daughter as a model for one of the princes) where he has the boys, standing in a darkened stairway of the Tower (where,  to add poignancy to the scene, some believe their remains were found buried) clinging to each other while a dark shadow lurks ominously at the top of the stairs…Yikes!

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The Princes in the Tower,  John Everett Millais 1878.

Another one. this time by Paul Delaroche, King Edward V and the Duke of York in the Tower,  depicts the two young boys, gazing into the middle distance, unaware, hopefully,  of their impending doom, while their spaniel’s attention, tail between his legs, is drawn to the door.  These artists certainly knew how to twang on the old heart strings!  Great stuff but  maybe not very helpful to some in forming positive perceptions of Richard’s character.

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King Edward V and the Duke of York in the Tower, Paul Delaroche 1831.

But finally, one that is actually closer to the truth, from a mural in the Royal Exchange by the artist Sigismund Goetz, and one   I can clearly remember, as a small child, from its inclusion in Cassell’s History of the English People.  I would gaze at it, not properly understanding what it actually represented, but nevertheless entranced.  It was not until years later that I could understand what was going on and who the people were in the painting.  A grave, noble,  and rather handsome humpless Duke of Gloucester being offered the Crown at Baynards Castle.  Beautiful ladies in butterfly headdresses look down at the scene from the top of the stairs….its Cicely and Anne!.  A rather frivolous looking young man, leaning nonchalantly against the stairs,  as an elderly man, almost hidden from sight, leans over and surreptitously whispers in his ear..ah!..tis Buckingham and Morton..meanwhile in the background Gloucester supporters , in harness, roar their approval.  Splendid stuff and about time too.

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Mural in the Royal Exchange,  Offer of the Kingship to Richard Duke of Gloucester at Baynards Castle June 26 1483 Sigismund Goetz

Paul Delaroche also painted The Execution of Lady Jane Grey..not one of our Ricardian characters… but a descendant of  one, Elizabeth Wydeville, via her son Thomas Grey, lst Marquess of Dorset.  Delaroche again gave his artistic license free reign..Jane was in fact executed in the open air, in the part of the Tower that is known as Tower Green where Anne Boleyn, Catherine Howard and also Margaret of Salisbury, Clarence’s daughter were executed.

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The execution of Lady Jane Grey, Paul Delaroche 1833

So at least one of these extremely gifted artists managed to get it right in terms of accuracy as to what actually happened.    What gifts for the art world but for the greater part, I do wonder if in the past,  these paintings proved for some people  to be rather a hindrance for the rehabilitation of Richard’s character.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Debunking the Myths – Richard III’s Execution of a Political Lampoonist

Richard III’s Execution of Collingbourne. A new take.

RICARDIAN LOONS

Ripon Cathedral misericord “And in another isle toward the south dwell folk of foul stature and of cursed kind that have no heads. And their eyes be in their shoulders.” – Sir John Mandeville (14th c.)

It’s funny how myths and legends become a part of history. This column – Debunking the Myths – is devoted to exploring the many false rumors, tales, and impressions that have embedded themselves into our modern perception of Richard III and his times.  Join us, as we hunt down the Loch Ness monsters, Sasquatches, and Blemyae that have roamed the Ricardian historical landscape for centuries.  No need to bring a weapon.  Just bring an open mind!

Today’s blog is about the infamous lampoon posted on the doors of London’s St. Paul’s Cathedral in July 1484, during the second year of Richard III’s reign.  Even the casual reader of Ricardian history can recite it from memory:

“The Cat…

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JANE SHORE—TART WITH A HEART?

Medieval mistresses seem to get a raw deal from most contemporary and near-contemporary chroniclers, being seen as falling ‘outside the accepted norm’ in regards to sexual mores. Prim Victorian authors also enjoyed making moral judgments on them, and even modern historians, while less interested in the prurient details, often paint them as scheming she-wolves or similar.
Some famous mistresses who at one time suffered slights to name or reputation include:
Katherine Swynford. Although she did marry her lover John of Gaunt in the end, she had to had to temporarily part from him for several years, due to their relationship ‘tarnishing his reputation’ (I do love how when they later made it legal, Katherine boldly told the Pope how the middle-aged newlyweds had spent their wedding night having sex!)
Alice Perrers. Much younger than Edward III, Alice was known as greedy and grasping, with claims made that she had yanked off Edward s rings and gold collar when he lay dead and fled with them.
Rosamund Clifford. The lover of Henry II, Fair Rosamund’s bones were cast out of the abbey church at Godstow on the orders of St Hugh of Lincoln, who told the nuns a whore should not be allowed to lie before the High Altar. Later, it was claimed these words were written on her tomb: king's mistress(“Here in the tomb lies the rose of the world, not a pure rose; she who used to smell sweet, still smells–but not sweet.”)
Jane Shore, however, seems the exception to this general rule. Although of common stock, and mistress to at least three powerful men (possibly several at once!) she was supposedly loved by all the ordinary folk of London, who looked at her with admiration and refused to jeer at her as she was forced upon her ‘cruel’ penance for harlotry (walking in her kirtle holding a taper in her hand) by the heartless Richard III.
Jane was said to be witty, intelligent, kind and generous, and often interceded with her lover Edward IV on the behalf of those who had fallen afoul of the King, hence the love borne her by the ordinary Londoners. According to one version of the legend, after Jane had been released from prison, Richard decreed no one was to aid her, and finding herself destitute because Richard had confiscated her belongings, she eventually fell down in a ditch, withered and starving and tragically expired.
However, how much of this is fact?
Reading posts and internet biographies on Jane, certain myths come up repeatedly, often presented as fact. What do we really know about this amazing woman whose sexual exploits with the rich and powerful were almost overlooked by those who wrote about her, even in more morally repressed eras, to be replaced instead by fulsome praise of her kindly and generous qualities as if she was almost a modern day St Theresa?
1) Jane is not her real name; she was born Elizabeth Lambert to John and Amy Lambert. The name Jane starts appearing the writings of the 1700’s, along with more melodramatic versions of her story.
2) She was married to a William Shore but managed to get an annulment on the grounds of his impotence the same year she began her affair with Edward. (As the proof needed for impotence could be terribly embarrassing to all concerned, it does not make her sound as terribly kind as she was supposed to be.) Some rumours purport William Shore was old, but it seems in reality he was not much older than she was. Despite the annulment, she still was still often known as Shore’s Wife.
3) One of Richard’s lawyers, Thomas Lynom, fell in love with her while she was still cooling her heels in Ludgate prison (not the Tower as some writers make it) after the Hastings incident. For all his supposed harshness towards her, Richard agreed to the match if Lynom could not be persuaded otherwise. Records appear to show she did indeed marry Lynom, and went on to have a daughter Julian(a) with him (so the idea of her coming out of prison and dying shortly thereafter of neglect is clearly false.)
4) Many writers state she was accused of ‘witchcraft’ over the ‘withered arm’ incident described in More and Shakespeare…well, we now know Richard had no withered arm, so if Jane was indeed accused of sorcery, that incident was not the origin. The prominence of the ‘witchcraft’ accusation seems to come mainly from later Tudor authors especially the notoriously unreliable Holinshed, who provided source material for many of Shakespeare’s plays.
5) Richard was a mean-spirited prude who forced her to walk about the city in scanty clothes. Richard did not do anything of the sort. Jane’s ‘penance’ was decreed via an ecclesiastical court held by the Bishop of London and was the standard punishment for harlotry. Her imprisonment came from her associations with Hastings, Dorset and Elizabeth Woodville, to whom she carried messages; you could say she was something of a minor spy. That was why she was imprisoned, not for sleeping with Edward IV and his friends, nor for any alleged witchcraft (for which she was never formally charged.)
6) Jane may have well died in penury but her death happened many years after the events of 1483 so could hardly be blamed on Richard III. As mentioned above, she did indeed marry the enamoured Thomas Lynom, who, although he lost his position after Bosworth, went on to work for Henry Tudor, including having a place at Ludlow in Prince Arthur’s household. So, unless the marriage came to an unrecorded end or Lynom met extreme financial hardship, it is highly likely that a penniless Jane collapsed dead in a ditch! Possibly, she outlived her husband and then fell upon hard times. Thomas More claimed to have seen her when she was ‘old’ (so her death is clearly in no wise attributable to any harsh treatments by Richard III!)
Jane’s story often reads like bad melodrama, and it seems her true story actually declined into such quite rapidly. One Victorian author, realizing that she (supposedly) died in poverty in HenryVIII’s reign, quickly made haste to defend the Tudor king and his father as to negligence regarding Jane’s unhappy end. He insisted that it was not up to Henry to look after her, and her misfortunes were all down to Richard’s vendetta against her and by his confiscation of her possessions. Never mind that either of the Henrys could have (had they so wished) given these meagre goods back …let alone that Richard had been dead a good forty years when Jane herself passed away.
Thomas More’s account of Jane is so sugary it almost makes your teeth ache. Indeed, as has been noted, all the people ‘maltreated’ by Richard in More’s book are portrayed as kind and perfect and noble, but beautiful Jane gets a double-dose of sickly platitudes. More does manage to get in a bit of moralizing, though, about the transience of beauty and misspent youth, when he describes her wretched appearance at the end of her life!
Overall, it seems like Jane Shore was given the role of fair though fallen womanhood, innocence subverted, mainly so that Richard III could be further demonized for his supposed ‘ill treatment’ of her (which amounted to very little, to be honest.) If authors such as More and Holinshed did not have a ‘drum to beat’ regarding Richard, I would imagine Jane would have met the fate of most other royal mistresses in the writings of their time and later, and been described, realistically or not, as an immoral, grasping and inconstant woman.
Instead, she ended up the ultimate medieval ‘tart with a heart.’

sources

The Life And Death Of Jane Shore; Containing The Whole Account Of Her Amorous Intrigues With King Edward The Ivth. And The Lord : Her Penitence, Punishment and Poverty. …

Signs of the Times (4)

1.William Hastings

First of all you can see that this is quite a flowing signature with a lot of nice curves, not many ‘angry’ sharp top angles to the letters. This shows he was generally an affable, non-violent person, at least while he was writing this. His middle zone seems the most dominant – as many of these signatures have been – showing his concern with material things, prestige, self-importance and living in the moment.

Hastings sigLooking at the lower zone, he has quite an elaborate curl on the ‘g’, with the curl turning back to the left, in contrast to the ‘y’ which curls to the right. This suggests he might have ‘swung both ways’ when it came to sexual partners, which is possible considering his reputation for debauchery at the time. Note the phallic symbol in the ‘h’, indicating inability to keep within the sexual norms of his society.

In general the signature is legible with a slant to the right, indicating sociability.

His upper zone is pretty small, showing he wasn’t concerned with intellectual matters , nor was he a dreamer.

The end downward stroke, which doesn’t seem to represent any particular letter, suggests a dagger to me, perhaps the cause of his downfall.

  1. Anne Neville

I was quite surprised that Anne’s signature is not particularly legible (although not as illegible as Margaret Beaufort’s for instance), but perhaps it’s not surprising that she might feel the need to hide herself away, after some of the experiences she had (married young, widowed, hidden away by George, etc). She would not have revealed her true feelings easily. It seems to me her first name is easier to read than the surname (which I think is Warwick rather than Neville, though I could be wrong) and I take this to mean that she reveals more to those who know her better and more familiarly, as many people do.

She has a normal lower zone, showing a balanced and healthy sex life.

Anne and Richard sigHowever can you see the similarities between hers and Richard’s signature, that suggest to me they were compatible and on the same wavelength?. They both have balanced zones – pretty equal in size – showing well-balanced personalities.

They also both have upright letters, which show a need for control and particularly self-control. They are of similar size, his slightly larger, which would not be surprising considering that men were dominant in those times. It shows that he considered her to be more or less his equal and reveals his respect for her. Compare the signatures of Henry VII and Elizabeth of York where his dwarfs hers. Who do you think was the dominant personality here?

Henry and Eliz sigs3. Anthony Woodville

Well, this is a mess! As most of it is in upper case letters, it is hard to judge the zones so well, but can you see he has extended the vertical stroke of the ‘l’s so they are higher than the rest. He was meant to be an intellectual and well-read man, but his writing suggests to me that he wanted to be perceived as such more than actually being so, because the ‘l’s should not be taller and are therefore forced. But I could be judging him a bit harshly. His signature is not as clear as Richard’s or Clarence’s or Hastings’, but is decipherable more than Margaret Beaufort’s. There are no lower zone letters, but the upper and middle zones are more or less equal in his signature, so I think he was more intelligent than his sister, Elizabeth.

Rivers sig Rivers sig 2

There are no communication letters here but the ‘v’ and ‘s’ on the end are closed (when they needn’t be) suggesting a secretive nature.

The first example, with motto, looks very controlled to me and as I believe it was written when he was awaiting execution, it is understandable that he would be desperately trying to hold onto his emotions. The upper case letters support this conclusion.

The right hand signature is all over the place as regards slant, showing an unpredictable and mercurial personality.

He underlines the left hand one in a flamboyant way which suggests he wants attention – perhaps he doesn’t like to think of himself being forgotten after his death. The ‘x’s in the underline show his preoccupation with his demise.

  1. Thomas Grey

This is the signature of the son of Elizabeth. The zones are quite well balanced and the letters are upright, showing strong control over his emotions. The communication letter ‘o’ is open at the top, suggesting he was a big talker and couldn’t keep a confidence.

Thoams Grey sig

The letter ‘s’ (or ‘f’ as it appears) spans all three zones, but the upper zone is broken – perhaps he had a headache or an injury, but the signature as a whole is messy, suggesting he was also untidy. The ‘t’s are crossed very firmly and the cross stroke extends far to the right, showing ambition.

5. Edward V

This is the signature of Edward which appears alongside those of Richard and Buckingham. It is spidery and childlike, although legible. There is no curl in his lower zone which is perfectly to be expected as he was only 12 at the time.

The writing looks a bit shaky, suggesting he was nervous (understandable given the circumstances) or possibly unwell. The downward-pointing  cross stroke of the ‘t’ in quintus could show a control freak, but I think it also suggests a depressed or pessimistic nature, but that could be because his father had just died.

Ed V sigIt is interesting that the tops of the letters are more rounded than the lower edges. I don’t know what this means for sure but my intuition suggests he would have appeared softer and more easygoing on the surface than he was underneath – a hidden ruthless side. This is reinforced by the open bottomed ‘a’, which shows he could verbally argue his case – eat you up and spit you out – and wasn’t above using deception to achieve this. And see the dot of the ‘i’ which is more of a dash or a slashing stroke. This shows frustration and irritability.

  1. Henry VI

Henry VI was a weak king, as we know. We can see in his signature that there is a softness to his nature and that the very large upper zone shows he was intelligent but can also mean a dreamer or someone who has his head in the clouds. He had his head in heaven!

Henry VI sigThe upper and lower zones are roughly equal, showing he had a normal attitude to sex, perhaps surprisingly. However, his middle zone is the smallest which indicates he wasn’t concerned with everyday life, material possessions or his appearance.

It is upright, showing that he had strong control over his emotions and he was not at all deceptive.

Unfortunately it is the only sample I could find, and there isn’t really much else to glean from it.

  1. John Howard, Duke of Norfolk

‘Jocky’ of Norfolk, well, it looks first of all as if it is sloping slightly upwards, suggesting optimism and an upbeat nature. The slant varies, showing a changeable character.

The middle zone is most prominent, indicating the need for outward trappings of success, material possessions, as in many of the other hands I have looked at.

Norfolk sigLook at the wide open ‘o’s, especially the first! I wouldn’t trust him with a secret, I would think he could be indiscreet and a big talker.

There are a combination of rounded and sharp strokes showing he could be kind and thoughtful, but also hard and stern when needed.

I wouldn’t think he was particularly intellectual, nor was he very sensual, but that could have been his age – I don’t know how old he was when this was written.

There are a few resentment strokes on the beginning of the ‘n’ and ‘r’, which might refer to his resentment at having to wait for his rightful title of the Dukedom of Norfolk under Edward. Obviously he has it here as that’s the name he signs. His signature is neither very obscure nor very clear, suggesting he could dissemble if required.

I get the impression of a person who was quite modest in himself, shown by the small initial ‘j’ and ‘n’ of Norfolk.

  1. John de Vere, Earl of Oxford

Here is a signature from the Earl of Oxford, the nemesis of the Yorks, out to get revenge for the death of his father.

It is absolutely clear and easy to read, and seems to have been done with control and care. And look at the sweet little flower – but what is that loopy thing below it? Could it be a phallic symbol? This shows the willingness or need to break social taboos. Possibly gay? It would have been a big taboo in those days.

The zones are even, showing a well-balanced personality, which is quite surprising considering his reputation. However it could be seen as too perfect, which can show deception – a person disguising their natural way of writing and wanting to appear perfect.

Oxford sig

It is quite rounded and flowing and quite upright. This means he was sociable and unwarlike for the times – I think he was pushed into the whole war thing and he would have preferred a peaceful life. But the heavy line of the ‘f’ look like a dagger, so he could have been violent when needed. The lines through the ‘O’ , obliterating the clarity of the ‘O’ could show a forked-tongued liar – notice the extra little line in the second ‘o’ too.

9.Thomas Howard, Earl of Surrey

Well this is a flamboyant signature! This is Jocky Howard’s son, Surrey.

Surrey sigIt is large and suggests the writer wants to be noticed, likes attention. The middle zone is huge, showing a preoccupation with himself and his immediate needs, outward show and possessions. The signature as a whole is huge, compared to the writing above. In fact when you look at the writing, the upper zone is more emphasised, showing he was quite intelligent, but didn’t show it to everyone, perhaps wanting to fit in with the court life where show and prestige was everything. I think this shows the writer felt inferior and is putting on a show of confidence – the whole thing screams over-compensation.

There are resentment strokes and angularity suggesting frustration and a temper.

Look at the lower zone – either this is another sign that the Earl of Surrey is overcompensating or he is gay – the tail of the ‘y’ goes way over to the left, suggesting the latter, as does the little flower sign.

Not sure what those unnecessary two dots are between the ‘T’ and ‘h’ but it could be another cry for attention.

  1. James Tyrell

I really like this signature. Tyrell was one of Richard’s men who was rewarded by him for unknown services and who was tortured and executed by Henry VII. Here the signature suggests a very optimistic and positive person – very sociable. See how the writing slants to the right and slopes up? Also there is not much space between the two names, suggesting he liked to be in the company of others.

.Tyrell sig

The signature is well balanced and has equal sized zones. It is also fairly clear and easy to read, showing a lack of dissimulation. However, the ‘a’ shows he could keep a secret when needed and the line through the two ‘l’s at the end look like eyes to me. Was he one of Richard’s spies?

Now, I have been thinking about the proliferation of phallic symbols in many of these signatures and the conclusion I have come to is that they were probably not overly perverted or sex mad (with a few notable exceptions!), but that they may have felt guilty about their sexual feelings because of the strict doctrines of the church in regard to these matters. So crossing the boundaries of the sexual norm of the times, might only have been ogling women, visiting prostitutes or an affair or two. I’ll leave that to you to decide.

  1. Richard Neville, Earl of Warwick

Finally, let us look at Richard Neville’s signature. The first thing I notice is that it is hard to read and slopes uphill more than any of the others. I think he was the eternal optimist and supremely confident in himself that things would work out for him.

Warwick sigIt is a firm and confident signature and this mirrors the man himself. He was certainly capable of deception as he pretended to be supporting Edward and was actually plotting against him – we can tell this because his writing is also deceptive with it being difficult to decipher. And his closed ‘a’ shows he can keep his mouth closed.

The varied slant of the letters shows another volatile, changeable character and the hard down strokes reveal he had a bad temper at times.

See the definite resentment stroke on the ‘R’ – he was certainly experiencing resentment here.

There is the ubiquitous phallic symbol, and we know he did have an illegitimate daughter. However do you see the break in the loop of the ‘y’ and also in the loop in the little logo thingy at the end? This shows there was a trauma of some kind, either physical or emotional regarding his sexual organs, sex life or lower body. We do not know if this was the case, but we do know that Warwick had no sons, so he may have felt subconsciously that he was inadequate in some way because of this. Both sexes can have this – for example a woman can show this sign if she has had a hysterectomy or has lost a lover. (In fact Henry VII has breaks in his lower loops as well).

I think, like Edward, he was also a ‘boob’ man – the rounded part of the underline and the shape of the letters above it suggest that.

What about the little end doodle? Well, it might be a device or coat f arms badge, or perhaps it is the crown that wasn’t his but that he bestowed on two kings, as Kingmaker. 😉

  1. Francis Lovell

Richard’s best friend – I found this after I had posted the draft so I had to include him!

Well, the zones are of equal height, which shows he was a well-balanced guy emotionally. He has a legible, clear signature – no deception there, and his communication letters, ‘a’ and ‘o’ are also clear, well-formed and closed normally, meaning he was a good communicator and could be trusted to keep a confidence.

Lovell sigYou can see there is a mixture of angular letters and rounded ones, showing he could have a tough side as well as a softer one. There are some heavy downward strokes on the first letters ‘ff’ which shows he could have a temper at times.

The slant is just slightly to the right, which indicates he was fairly sociable, and likewise the two names are close together, suggesting he enjoyed the company of others.

I’m not sure what the final letter/squiggle is nor the extra thing in the middle joining the ‘s’. These extra unnecessary bits might mean he was a bit obsessive compulsive. I would think that both he and Richard were tidy and neat, so this might have spilled over into OCD.

These analyses are, as I said before, just for fun and of course I am a little biased, I have to confess. Also, most of my subjects here are confined to just one signature, which is limiting and cannot be relied upon to be as accurate as if there were more samples.

However, on the whole, do you notice how much more well-balanced, rounded and ‘normal’ Richard’s and his friends’ signatures were, in comparison to most of the others?

THE DASTARDLY DEATH OF LORD HASTINGS?

It appears that the traditional assumptions surrounding the execution of William, Lord Hastings in June of 1483, generally incline towards the idea that the Lord Protector, Richard Duke of Gloucester, simply lost his temper and so, without lawful trial or consultation, ordered the immediate beheading of his previous friend, virtually on the spur of the moment.

This assumption is derived from depictions in Tudor literature claiming that the Duke of Gloucester was infuriated by Hastings’ rigid support of the uncrowned Edward V, contrary to the wishes of the wicked duke who was eager to usurp the throne in the prince’s stead. This account of these events was written down after many preceding decades of indoctrination, when the Tudor-era orthodoxy of the usurping, murdering king had become imprinted on popular consciousness.

The writer who invested the confrontation with its best-known dramatic scenario, later adopted by Shakespeare, was Sir Thomas More, whose various attempts at a ‘history of Richard III’ are loathed by some, beloved of many, and seriously analysed by all too few. Since there exists no official contemporary documentation of exactly what happened, More’s chatty details attract those searching for explanations. It is often further assumed that, although More’s various elaborate accounts concern a time when he was a child and certainly not present, on the occasion of Hastings’ death, John Morton, Bishop of Ely, was certainly present and must therefore have witnessed exactly what happened. More, it is said, would thus have been told the truth by Morton some years afterwards when the young Thomas later lived as a page in Morton’s household.

However, regardless of assumptions, Thomas More himself reveals no source of information for his dramatic construction concerning the Duke of Gloucester’s peremptory execution of Hastings pursuant to a hissy fit. It is unsupported by any contemporary source, although the execution itself was condemned by some contemporary chroniclers. Sadly, very few later commentators appear to have bothered to take into account the bias of those contemporary accounts, or the probable circumstances (leaving dramatics aside) that actually led to Hastings making an attempt on Gloucester’s life.

Let us take one point at a time:

1) The incident occurred in the context of two events which are generally agreed to have preceded it, i.e. the disclosure that there was an impediment to Edward IV’s marriage with Elizabeth Woodville which rendered their offspring potentially illegitimate, and the discovery by Gloucester of threats to his life which prompted him to call for protection in the shape of forces from the North, combining in an atmosphere of heightened tension and insecurity.

2) Contemporary accounts report that Hastings was officially accused of treason. The simultaneous arrests of several others support the existence of a treasonous conspiracy. Any assumption that this accusation of treason was untrue is unsupported by any existing evidence. The crime of treason at that time was the most serious in the land, and could not be slung at just anyone, in particular someone as powerful as Lord Hastings, without any substantiation. In days leading up to the arrest and execution, Hastings is reported to have been seen visiting the houses of Morton and others who were caught up in the arrests. Morton and Hastings were most unlikely companions and this report – if true – raises considerable suspicion.

3) Some people mistakenly suppose that the crime of treason related only and exclusively to violent actions against the ruling monarch’s person. This is untrue and there are many sources which indicate that treason took many and varied forms. The further assumption that Hastings was simply attempting to support the true king (the young uncrowned Edward V) against the actions of the Protector, and therefore his attack on the Protector was not treason but loyalty to the crown, is an even further exaggerated train of suppositions without support, evidence, or even logic.

4) Others accused of having been involved in the same treason were arrested at the same time:- three present in the council chamber, and several others across London – their arrests carefully timed to coincide. This points to the uncovering of a treasonous conspiracy and the planning of a lawful reaction which would stop that treason before it became any more dangerous.

5) There is an account of a public proclamation made immediately after the execution, regarding the treason and the culprits’ arrest. There was neither secrecy nor lack of explanation given to the public concerning the situation. The accusation of treason and its consequences remained undisputed by any legal challenge or recorded public outcry at the time.

6) More’s account, written so many years later, denies the legality of the Protector’s actions. But More had no possible way of knowing the details he recounted. The mighty and extremely busy John Morton (by then Archbishop of Canterbury and Lord Chancellor) chatting at length with his insignificant page and telling him stories of what happened many years previously, is not only highly unlikely but somewhat ingenuous. Indeed, Morton would rarely even have been at home let alone conducting cosy discussions with one of his pages. However, if such an improbable little scene did take place, the fact that Morton himself was one of those arrested and accused of treason, would certainly place a huge doubt on the veracity of any tale he told.

7) Richard of Gloucester’s proven record of rationality, of intelligent administration and commitment to the rule of law, would make this supposed hissy fit exceedingly out of character.

8) The arrests and following events took place in a council meeting at the Tower, in front of members of the Royal Council – the most powerful and influential lords of the land, together with their attendant officers. It is both naive and absurd to suppose that Richard could behave in some highly improper and illegal manner in such company without consequences to himself including a virtual battle in the council chamber.

9) Kindly old Hastings, simply standing loyally by the rights of his old friend’s son, is a total illusion. Hastings was a massively ambitious man. His many years of fighting bitterly against Thomas Grey, Marquess of Dorset, the queen’s elder son and Lord Rivers, her brother, (largely regarding disputed land borders) show him to have been ruthless and capable of cruelty. He had recently quarrelled with Edward IV and been deprived of some of his power, but this was – after warnings given – returned to him just before the king’s death. Hastings was certainly no cosy daddy-figure.

10) As for the allegedly illegal execution – and this is the most important ingredient in the murky soup of supposition – the accepted legal powers of the High Constable, (one of Richard of Gloucester’s long-held and most powerful offices) empowered him to hold an immediate trial of Hastings for treason in that place and at that time, and to pass sentence without leave of appeal. The other members of the council present would have stood witness, thus there was no outcry against the following execution. Since no documentation survives (and indeed the Court operated under the Law of Arms and was not required to keep records), it is impossible to say if any such trial took place. There is no specific evidence that it happened. Nor is there any specific evidence that it did not. However – since Richard of Gloucester was most certainly empowered to hold such a trial, it is logical and natural from what is known of his concern for the justice system, that he would have used the legal powers at his disposal. What is now doubted and frowned upon by modern judges with little or no comprehension of the medieval mind, would have seemed utterly right in those days – and in fact utterly necessary according to the situation. Summary courts with powers of life and limb, such as that of the High Constable, were important elements in the exercise of authority during the Middle Ages, and in fact Hastings himself presided over just such a summary court at Calais.

For this knowledge I am entirely indebted to Annette Carson and her recently published book RICHARD DUKE OF GLOUCESTER, AS LORD PROTECTOR AND HIGH CONSTABLE OF ENGLAND http://www.annettecarson.co.uk/357052369 which outlines with considerable clarity and detail, based on existing documentation and clear historical precedent, the official powers the Duke of Gloucester held in 1483. This book does not set out to prove the rights and/or wrongs of the situation regarding Hastings’s execution, nor does it prove that any trial took place. It does indicate, however, that a trial could immediately have been called, and that if the proceedings found him guilty of treason Hastings would have been justly and legally executed.

In the first months of 1483 after King Edward’s death, the country was in a perilous position, and it was the duty of the Lord Protector and Defender of the Realm to keep the land and its people safe. There had already been an attempt to raise an army and civil war might have ensued (certainly the queen’s family continued organising uprisings, which came to fruition in the autumn months). It was Richard’s principal responsibility to be aware of all dangers and put a stop to them before the risk might escalate. Such an attitude must have been paramount when faced with whatever treason was discovered. That his actions are now seen as suspicious is a function of the villainy later attributed to his actions, and appears to ignore the pressures and demands involved in his personal responsibility for national security.

Today, amongst those interested (whether or not they have researched the era or the life of Richard III at all) there is a somewhat irritating attitude by which if you argue and judge Richard III guilty of something, then you are being open minded and unbiased. Whereas if you argue and judge him innocent, then clearly you are prejudiced and are making an attempt to exonerate and justify him and treat him as a saint.

But most of those who exhibit the former attitude appear to think the powerful lords of the late fifteenth century must have been weaklings and brainless puppets, too stupid or frightened to stand up for themselves. They sat meekly, it seems, while the wicked Duke of Gloucester got away with anything and everything. It is unwise to so vastly underestimate the over-riding power of the lords and the church, the three estates of parliament and the Royal Council during this period. Had they so meekly acquiesced to apparent villainy, they would, in fact, have been complicit to it. Instead no single man ever held absolute total power, not even the king.

See Annette Carson’s book RICHARD III; THE MALIGNED KING http://www.amazon.com/Richard-III-Maligned-Annette-Carson/dp/0752452088/ref=sr_1_1?s=books&ie=UTF8&qid=1436415497&sr=1-1&keywords=annette+carson which remains a reliable source for the arrest and execution of Lord Hastings and the other important events of 1483 following the death of King Edward IV.

The house that Thomas Grey built….

Bradgate House, Lady Jane Grey's home

Maybe this isn’t Richard-associated particularly, but the house was commenced in 1499 by Thomas Grey, 1st Marquess of Dorset, so it’s fairly close. I hope the archaeologists find much of interest. 

http://www.leicestermercury.co.uk/Archaeologists-prepare-reveal-secrets-Bradgate/story-26641537-detail/story.html 

and 

http://www.bradgatepark.org/about-us-2/the-ruins-of-bradgate-house/#

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