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Black Vaughan of Hergest Court in Herefordshire….

 

Hergest Court, showing water in which the ghost of Black Vaughan is supposedly trapped - photograph from Google

Hergest Court, showing the pool in which the ghost of Black Vaughan is supposedly trapped beneath a stone – photograph from Google.

Thomas Vaughan ap Rosser was born in 1400, and nicknamed ‘Black’ Vaughan because of his black hair; or perhaps because of his black nature. No one knows which. His main residence was Hergest Court, near Kington in Herefordshire, and his wife was Ellen Gethin of Llanbister, Radnorshire. She was, from all accounts, a formidable woman, maybe even prepared to dress as a man in order to take part in an archery contest. Her purpose was not to aim at the target, but at the heart of the cousin who had killed her young brother. True? Who knows?

Thomas Vaughan had interests in the Stafford lordships of Huntington, Brecon and Hay, and in 1461 Edward IV appointed him receiver of Brecon, Hay, and Huntington during the minority of Henry Stafford, 2nd Duke of Buckingham. Thomas supported Edward in the Wars of the Roses, but while marching toward Banbury in 1469, to aid the Yorkist cause at the Battle of Edgecote, he was captured by the Lancastrians.

Battle of Edgecote - from YouTube link below

You can see an interesting animation of the Battle of Edgecote here  – from which the above illustration is taken.

The Lancastrians took Thomas to Pontefract and beheaded him. His body was returned to Kington, to the church of St Mary, on the hill above the village. In due course Ellen joined him there, and their alabaster effigies still adorn their tomb.

Thomas 'Black' Vaughan and his wife, Ellen Gethin - The Terrible

Thomas ‘Black’ Vaughan and his wife, Ellen Gethin, known as ‘The Terrible’.

There is some doubt about which Thomas Vaughan is actually meant in this story. Maybe Black Vaughan died actually during the Battle of Edgecote, and wasn’t captured or executed in Pontefract. Indeed, some sources claim that the Thomas Vaughan of this story was the traitor, Sir Thomas, who in early 1483 turned upon the Lord Protector, Richard, Duke of Gloucester, in the attempt by the Woodvilles to deny Richard his rights by seizing the person of the boy king, Edward V, and having him crowned. Thus they, not Richard, would be in charge of the realm. This Sir Thomas was indeed executed at Pontefract. And rightly so.

Death was not the end of Black Vaughan, for he began to make his presence felt again, overturning farm wagons in broad daylight, and frightening women as they rode to market. He could even take on the form of a huge fly in order to torment horses. Once, as a bull, he entered the church during a service.

St Mary's Church, Kington, Herefordshire

St Mary’s Church, Kington, Herefordshire

In the 19th century, Kilvert was told the following story by a local man. “Twelve or thirteen ancient parsons assembled in the court of Hergest, and drew a circle, inside which they all stood with books and lighted candles, praying. The ghost was very resolute, and came among the parsons roaring like a bull. ‘Why so fierce, Mr Vaughan?’ asked one of the parsons mildly. ‘Fierce I was a man, fiercer still as a devil’, roared Vaughan, and all the candles were blown out except one, held by a very small, weak parson (also, says legend, named Vaughan). He hid the candle in his boots and so kept it alight, all the time praying hard until at length the violent spirit was quelled, and ‘brought down so small and humble that they shut him up in a snuff box’. The ghost made one humble petition—’Do not bury me beneath water’. But the parson immediately had him enclosed in a stone box, and buried him under the bed of the brooks and Hergest thenceforth was at peace.”

The Hound of the Baskervilles

The Hound of the Baskervilles

After that, so it is said, Hergest Court was haunted by a black dog that appeared every time a member of the Vaughan family was to die. (Don’t these entities always do that?) Conan Doyle visited the court, and used the black dog as a model for The Hound of the Baskervilles.

 

Give this Knight Errant a miss….!

knight errant - wilkins

If you support Richard III and believe history has “done him wrong”, for heaven’s sake do not read The Last Knight Errant: Sir Edward Woodville and the Age of Chivalry by Christopher Wilkins.

I made the mistake, and it soon struck me that the author had learned by rote every single myth about Richard, and then served them up as fact. Although, to be fair, he does dispense with the “two years in the womb, long hair and full set of teeth at birth” yarn. We don’t have the withered arm either. I suppose even Wilkins sensed these things would be going too far. After all, he’s aiming at a modern audience, not the Tudors. I will assume that the murder of Edward of Lancaster at Tewkesbury was a crime of Richard’s that Wilkins somehow overlooked.

So, let me see. Here are some of Richard’s crimes:-

  • He murdered Henry VI.
  • He poisoned Anne in order to marry his niece.
  • Joanna of Portugal declined to marry Richard and preferred her nunnery.
  • Richard intended from the outset to be rid of his nephews.
  • His marriage was “between brother and sister-in-law” and therefore invalid. There was no dispensation applied for anyway. Thus Edward of Middleham was illegitimate.
  • Elizabeth Woodville wasn’t plotting against Richard, she was merely afraid of him.
  • Elizabeth Woodville had a nervous breakdown, which explains her agreement to let her daughters go into Richard’s care.
  • Richard bullied the old Duchess of Oxford into giving him her estates.
  • There is no evidence that Edward IV ever wanted Richard to be Protector.
  • Stillington only revealed the untrue yarn of the pre-contract because Richard promised him his bastard son could marry Elizabeth of York.
  • History has “demonstrated” Richard’s ruthlessness.

That’s enough! Too much even. A load of old tosh, I fear, and so untrue in these important areas that I doubt the author’s portrayal of that thieving traitor Sir Edward Woodville is much better, except that it will be the other swing of the pendulum, halo and all. Can’t be bothered to finish the book to find out.

By the way, the back cover blurb even refers to Richard as ‘that genius of propaganda’! Richard? Has Wilkins never noticed the suffocating blanket coverage by the Tudors? Bah! I don’t mind honest debate, and accept that not everyone believes Richard was a good man, but I do object to this tommyrot. Trotting out the Tudor fairy tales of Thomas More, Shakespeare and the like is not good scholarship!

LORD OF THE NORTH

Richard duke of Gloucester: courage, loyalty, lordship and law[1]

 

“ Men and kings must be judged in the testing moments of their lives Courage is rightly esteemed the first of human qualities because, as has been said, it is the quality that guarantees all others.”

(Winston Churchill 1931)

 

Introduction

I do not suppose there are many men who in their heart-of-hearts would not rather be thought of as brave than by any other virtue ascribed to them. For medieval kings courage was not simply a virtue, it was the virtue: the physical courage to defend their throne was a prerequisite for a successful king, though not necessarily for a good one. As Field Marshall Lord Slim was apt to point out to young officer cadets at RMA Sandhurst, “It is possible to be both brave and bad, however, you can’t be good without being brave”. Slim was making the point that it needed more than battlefield courage to be a good man. Physical courage is important, especially to kings and soldiers, but it doesn’t guarantee a ‘good man’; to be a good man, one also needs moral courage. It was the possession of physical and moral courage, which Churchill believed guaranteed all the other human virtues.

 

King Richard III was a courageous soldier; even his enemies acknowledge that. However, the question is: was he also good man? Broadly speaking, the judgement of history is that he was at best deeply disturbed and at worst malevolent. It is a judgement based largely on the heinous crimes he is supposed to have committed during a six months period in 1483: the usurpation of the throne and the murders of king Edward’s male heirs. Although Richard is said to have committed or been complicit in many other serious crimes, I think it is fair to say that most historians accept that those allegations are not proven, and in one particular case (the death of Henry VI) it may have been more a question of raison d’état.

 

The trouble with this historical judgement is that it contradicts what Richard’s contemporaries said about him in 1483. Dominic Mancini an Italian priest visiting London during 1482/83 recorded what he was told about Richard duke of Gloucester. He is referring to the period after the duke of Clarence’s execution: “…he (Richard) came very rarely to court. He kept himself within his own lands and set out to acquire the loyalty of his people through favours and justice. The good reputation of his private life and public activities powerfully attracted the esteem of strangers. Such was his renown in warfare that whenever a difficult and dangerous policy had to be undertaken, it would be entrusted to his discretion and generalship. By these arts Richard acquired the favour of the people and avoided the jealousy of the queen from whom he lived far apart.[2]

 

Mancini’s testimonial also highlights the incongruity of Richard’s supposed crimes. The contrast between his blameless contemporary reputation and his purported crimes (particularly those after April 1483) perplexes historians; it is a dichotomy they struggle to explain.[3] Most of his critics rationalize it with a good dose of twentieth century cynicism: his good works are disingenuous and his mistakes are evidence of bad character. It is a constant theme of his harshest biographers that his ‘loyalty’ to Edward was feigned; that he was in reality a wicked and ruthless opportunist who was motivated by avarice and ambition. When the chance came, he used his great power — which he had either tricked or bullied from Edward — to usurp the throne and destroy the Yorkist line. It was the Yorkist doom that Edward whether purposely or inadvertently made his brother the most dangerous and the ‘mightiest of over-mighty subjects’.[4] This is, I believe a false and misleading argument, since it rests entirely on their interpretation of chronicles and later Tudor histories that are themselves controversial and of little probative value, being neither contemporary nor impartial. Furthermore, Anne Sutton makes a compelling case for the morality, if not the purity, of Gloucester’s motives, which stands against this modern cynicism.[5] Richard was an extra ordinarily complex human being. We know now that he faced some challenging physical problems and possibly some equally challenging psychological issues.[6] Furthermore, he lived in uncertain times. The circumstances under which he served the king were complex as were the difficulties he had to overcome. Problems of historical interpretation most frequently arise from misguided attempts to simplify his story by overemphasising some facets at the expense of others.[7] It is a defect in Ricardian historiography that cannot be corrected in this article; however, I hope to at least draw attention to the problem as I see it.

 

Inevitably, Richard duke of Gloucester’ was not universally popular: how could he be? His ‘dramatic intrusion into northern society’,[8] coupled with a monopoly of the public offices and the lion’s share of the Neville estates, was bound to ruffle the feathers of those northern magnates and prelates who resented the fact that the king’s largess had not fallen to them, and whose authority and independence were undermined by the presence of an assertive royal duke in northern society. Henry Percy earl of Northumberland, Thomas Lord Stanley and Laurence Booth bishop of Durham disliked him, to name but three: doubtless there were others. Neither do I ignore the possibility that Gloucester possessed human failings typical of active young men throughout the ages; he might have been a little headstrong and impetuous; he was probably also ambitious and possibly even acquisitive. However, these characteristics were no more nor less present in the duke than in any other fifteenth century magnate: certainly not any more than in Henry Percy or the Stanley brothers or any of the Woodvilles, or Margaret Beaufort, John Morton and Henry Tudor; nor indeed was he any more ambitious than any professional historian who aims to do well in his or her chosen discipline. Impetuosity and ambition are not crimes, nor is acquisitiveness. But if he was truly wicked and ruthless and cruel, then nobody who knew him said so at the time. There is a clear distinction to be made between the provenances and the probity of these opposite views of Richard’s character, which affect the weight we should give to each when making a judgement. The favourable opinions were almost all written during his lifetime by northerners who knew him. The unfavourable ones were almost all written after his death by southerners who did not know him personally. Horace Walpole identified the basic problem nearly three hundred years after Richard’s death: “Though he may well have been execrable, as we are told he was, we have little or no reason to suppose he was.[9]

 

It is a matter of historical record that, apart from the last two years, when he was king, Richard duke of Gloucester spent his entire adult life in the king’s service as ‘Lord of the North’. Quite what this meant for him and why it happened are less well appreciated. The term ‘Lord of the North’ embraced not only the duke’s inherited lands in the north and his associated responsibilities as a royal duke and a great magnate, but also a number of official offices held by him concurrently from 1469 until his own coronation in 1483. He was the Lord High Constable of England (1469), Warden of the West March ‘towards Scotland’ (1470), Chief Steward of the Duchy of Lancaster (1471) Keeper of the Forests Beyond Trent and Steward of Ripon (1472) Sheriff of Cumberland (1475) and finally the King’s Lieutenant General of the North (1480 and 1482).[10] The consolidation of Gloucester’s inherited and appointed power was not gratuitous royal patronage. His promotions were acts of calculated policy by Edward. Having twice experienced the threat posed to the crown by the Scots and by his own ‘over mighty subjects’ in the north, Edward determined neutralize those threats by maintaining a truce with James III, and by securing the loyalty of his northern subjects. He wanted Gloucester to lead that vital task for the crown. It was no sinecure but a dirty, difficult and dangerous job, and his responsibility was great, since he was to be Edward’s mainstay in northern England.[11] Gloucester was the ideal man to implement that policy: he was brave, able and devotedly loyalty to Edward. Neither should it be forgotten that if Gloucester succeeded in stabilising the north, it would enable Edward to pursue his regal ambition in France. It is also worth noting, even at this stage, that Gloucester performed his duties so well that he set the standard of excellence for the governance of the north well into the sixteenth century.[12]

 

For all that, we should not exaggerate the scope of his powers or the impact of his achievements. First and foremost, he was only the instrument of his brother’s will. He could not make policy: Edward did that. Furthermore, his powers were constrained by feudal laws, liberties and customs. As a March Warden his military authority was limited to the West March. He did, however, have judicial powers in the West March and in his lands elsewhere by virtue of the king’s special commission as Justice of the Peace ‘es parties des north’. As Dr Rachel Reid points out, although the wardship of the West March was a necessary adjunct to the government of the north, ‘the sign and seal’ of Gloucester’s authority so to speak, and although his commission as a JP empowered him to act in civil and criminal matters, his greatest strength was the authority, power and influence he derived from being the greatest magnate in the region.[13] Gloucester’s estates and official offices gave him unparalleled influence and authority in the north, with the exception of those feudalities wherein the earl of Northumberland was lord; that is to say, in Northumberland and the East Riding of Yorkshire[14]

 

The northern ‘problem’ in retrospect

In the fifteenth century, the northern most counties of Westmorland, Northumberland, Cumberland, and Yorkshire were important because of their proximity to the Scottish frontier. Anglo-Scottish relations were characterised by invasions and raiding, which had affected both populations for centuries. Cross border reiving and lawlessness was deeply ingrained into the English and Scottish border culture. The society was insular and feudalistic in nature and the hatred between English and Scot was mutual. Important though the Scottish problem was, the troubles in the north went deeper. Fifty-one years after Richard III’s death, Robert Aske summed them up to leading Yorkshire denizens at Pontefract “ The profits of the abbeys suppressed, tenths and first fruits, went out of those (northern) parts. By occasion whereof, within short space of years, there should be no money or treasure in those parts, neither the tenant to have pay his rent to the lord, nor the lord to have money to do the king service withal, for so much of those parts was neither the presence of his grace, execution of his laws, not yet but little recourse of merchandise, so that of necessity the said county should either make terms with the Scots, or of very poverty make commotions or rebellions.”

 

The chief problems identified by Aske of remoteness, poverty and lawlessness were present in the fifteenth century and not just in the North. Wales, the West Country and East Anglia were also remote and lawless, and possibly some were poor. However, none of them formed the frontier to a hostile and aggressive foreign kingdom. It was this that made the northernmost counties uniquely important to the security of the realm. That said, not everybody had to sleep with their weapon to hand for fear of Scottish reiving. For instance, Yorkshire was set back from the border counties, ‘If the Scots crossed the Tees it was not a raid but an invasion’ wrote FW Brooks more than half a century ago. [15] Yorkshire’s importance was that it was the largest and most populace county north of the Trent and it was a base for operations against marauding Scots. This was especially true of York, which during the reigns of the first three Edwards served as the royal capital for a time. The fourteenth century division of the border region into West, Middle and Eastern Marches under the control of the two most powerful Northern families (the Nevilles and the Percies) was seen as the solution to the governance problem. The alternative was for the king to keep a standing army on the border, which for financial and military reasons was impracticable.

 

The joint powers given to the Neville and Percy families proved ultimately not to be the complete solution. By the fifteenth century the north was practically ungovernable from London. This was due in part to the deficiencies highlighted by Aske and especially to the ‘absence of the king’s presence (he means royal authority) and his justice in the north’. But that was not the only problem; the feudal nature of border society contributed to the  troubles of  a region that was sparsely populated and economically poor.[16] The trouble with the fourteenth century solution was not so much in the idea as in its execution. The belief that the two most powerful northern magnates could cooperate to ensure the peace and security of the north was naïve to say the least. Good governance foundered on their feuding during peace and their fighting during the Wars of the Roses. Northern gentry of the second and third rank regarded the wars between York and Lancaster as an extension of the Neville-Percy feud. They supported one side or the other based on ancient feudal loyalties, or an assessment of their own self-interest. Their prime loyalty was not to a distant king but to their feudal overlord, or to some other overlord, who best served their interest.[17]

 

Percy power was destroyed at Towton on Palm Sunday 1461. Despite the heavy losses inflicted on the Lancastrians it was not a complete Yorkist victory. The former king, Henry VI, his wife Margaret of Anjou, their young son Edward and a few of their adherents escaped to Scotland where James III gave them refuge and from whence they continued to oppose Edward IV[18]. Meanwhile, Richard Neville earl of Warwick and his brother John Lord Montagu continued to campaign against Lancastrian dissidents so as to secure Edward’s grip on the throne but mostly to cement their own grip on the north. In 1464, a force of ‘loyal northerners’ led by Montagu destroyed the Lancastrian cause at the battles Hedgeley Moor and Hexham. However, as Keith Dockray astutely points out, the ‘loyal northern retinues’ used by John Neville to defeat the Lancastrians were, in point of fact, loyal to the Neville family and not necessarily to the king. They demonstrated this in 1470 when they followed Warwick en block to the Lancastrian side during the Neville inspired rebellion of 1469-70, which started in the north.

 

‘He set out to acquire the loyalty of his people by favours and justice’

It is against that background that I now turn to consider Gloucester performance in the north in the context of the three virtues touched on by Mancini: loyalty, good lordship and justice.  I have added courage to these virtues on the basis that without courage, Gloucester was unlikely to have shown those other virtues .

 

Loyaulté me lie

Mancini’s reference to loyalty is interesting since it is a quality of particular importance to Gloucester. His personal motto was ‘loyaulté me lie’ (loyalty binds me) and it was the creed by which he lived. Mancini is, of course, referring to loyalty in its normal sense of ‘keeping faith’; however, Anne Sutton speculates that it was a word that might possibly have had other, additional, shades of meaning for Gloucester: legality, uprightness, obedience to the law and, maybe, justice. Dr Sutton’s speculation is based on the premise that Gloucester might have been familiar with ‘Piers Ploughman’, a work by William Langland in which loyalty carries those several meanings.[20] It is possible that Gloucester’s motto was subtler than we think, since the nuances of meaning found in ‘Piers Ploughman’ are all consistent with what we know of his character.

 

Whatever Gloucester may have meant by his mottos, it is clear from the contemporaneous records that he laboured hard to safeguard the interests and liberties of ‘his people’. [21] One historian writing in the twentieth century summarised his accomplishments as follows: “ Richard of Gloucester not only restored peace and stability to the north after the upheavals of the 1450s and 1460s but also provided sound government and administration. Frequently working in tandem with Henry Percy earl of Northumberland, he vigorously promoted the cause of impartial justice, whether by enforcing legislation more effectively than hitherto or arbitrating in private disputes[22]; his household council can evidently be regarded as a precursor of the Council of the North; the city of York certainly recognized the value of the duke’s good lordship and support;[23] and Dominic Mancini’s informants clearly left him to believe that Richard had deliberately ’set out to acquire the loyalty of his people through favours and justice.” [24]

 

‘A right high and mighty prince and full tender and special good lord’[25]

The York Municipal and City Records add substance to the view that the duke of Gloucester was a good friend to York and to other towns in the north. There are many examples of his integrity on the record. They demonstrate his personal interest in local affairs and his integrity in using his influence in a private capacity for the common weal. He settled many disputes between the city council and their fellow citizens, between the city council and neighbouring landowners, between citizens, and between towns, all of which were referred to him for advice, assistance or resolution.[26] I have chosen three representative examples:

  • In 1478 he arbitrated a dispute between Roland Place and Richard Clervaux over hunting rights. Neither Place nor Clervaux was a retainer of the duke, but they lived on his estates in the North Riding. Professor Pollard has helpfully reproduced the arbitration agreement written in English under Gloucester’s name and titles. Pollard notes as an afterthought that the ancestors of Place and Clervaux continued to observe a clause concerning the seating arrangements in the parish church, well into the twentieth century.[27] Gloucester obviously took great care over a dispute that some  might  consider trivial. The rights and privileges of each party are defined in minute detail in the agreement, which was probably drafted by  one of Gloucester’s lawyers, since the language is repetitious and typical of legal documents.
  • At the request of the York City Council, Gloucester took steps to have fishgarths throughout Yorkshire inspected to guard against poaching and to protect the regional economy. It was not a petty matter, since the high prices paid for Pike and other fresh water fish provided a significant income for the fishermen and the city.[28] The erection of fishgarths in Yorkshire was regulated by legislation intended to prevent illegal fishing. The City Council spent much time and money trying to eradicate the problem and they were very grateful to their ‘good lord’, the duke of Gloucester for his interest and efforts to stop the criminality. Nonetheless, it was a perennial problem, which was still being recorded in the council minutes in 1484.
  • He mediated in ‘a serious dispute over the result of the York mayoral election of 1482’.[29] There were two candidates for election: Richard Yorke and Thomas Wrangwyshe. York was elected but Wrangwyshe’s supporters would not accept the vote. The argument assumed ‘alarming proportions’ when the city magistrates sent the certification of Yorke’s election to the king.  When  the king heard of the dispute, he stopped the certification process and ordered the pervious  mayor to continue in office pro tem, whilst the election was investigated. The city magistrates turned to the duke of Gloucester for help; he acted so swiftly that within two weeks he had secured the kings approval to confirm York as the mayor. The interesting point is that Wrangwyshe was considered to be the best soldier in York and stood high in the duke’s estimation, being one of his comrades in arms. Nonetheless, Gloucester upheld the honour and dignity of the city magistrates by supporting what he considered to be their just case against his friend[30].

 

 

‘Good and indifferent justice for all’

For all his good works at a local level, it was in his capacity as the leading magnate in the north that he did his greatest and most enduring service for the north. Although the King’s Council in the North was not officially born until late July 1484, it was conceived from Gloucester personal household council during his tenure as Lord of the North. To understand how and why this came about it is necessary to explain, as briefly as possible, the dysfunctional nature of English justice at the time.

 

The problems for those living north of the Trent were as stated by Aske: ‘the absence of royal authority and of royal justice’. The Assize Judges sat not more than once a year; and anyhow, could only act on a formal indictment, which juries habitually refused to present. The breakdown of the judicial system made enforcement difficult and the work of the sheriff and bailiffs became very hard. Although there were some good judges, many were corrupt and in the pay of great lords. These judges gave judgement as directed by their patrons.  Also, juries were  easily corrupted by fear and favour. “ It was…” writes Dr Reid “…the hardest thing in the world to get a judgement against a great lord or any man well kinned (sic) and allied.[31] JP’s could try cases and punish crime at the Quarter Sessions without the need for an indictment, but the reality was that no ordinary court could cure this widespread and systemic breakdown  of  royal  justice.  Previously, the King’s Council had filled gaps by exercising  its  extraordinary civil and criminal jurisdictions through writs of oyer and terminer, to ‘hear and determine’ all trespasses and breaches of the peace, and all causes between party and party’. However, this usually meant the parties going to London, which was expensive and time-consuming. This defect could easily have been remedied by establishing district courts with the same jurisdiction as the King’s Council. However, for some reason, it was a reform that three Lancastrian kings never even considered.

 

But it was in the realm of civil party and party litigation that the want of justice was felt most acutely. Dr Reid argues that the common law “…had hardened in the hands of professional lawyers into a premature fixity and precision and had become incapable of devising rules to govern the transactions of a changing society”; whereby, ‘the poor were placed at the mercy of the rich’. [32] Furthermore, the common law courts were neither sufficient nor competent to protect peoples’ civil rights, which were recognised by law even in the fifteenth century. The development of the Chancery Court and the courts of equity eased the situation for those who could afford to litigate but did not help the bulk of the population and certainly not those residing north of the Trent. The common law lent itself to abuse by the litigious and the malicious. Consequently, there was hardly a transaction of life that could not be litigated. The delays, the cost and the insularism of the courts denied justice to many people. In the absence of the king’s justice, therefore, the household councils of the great lords became progressively the de facto courts for resolving local disputes.

 

These feudal courts had survived longer in the north due partly to its remoteness but also because they filled the vacuum left by the absence of royal justice. They were able to try a range of cases covering personal actions, contractual disputes, trespass, libel, slander, assault, breach of warranty of title and some defamation cases. Moreover, there was no restriction on them determining cases for which the king’s law had no remedy and even if there was a remedy, these seigneurial court could do justice between the parties by consent. For example, by ordering the specific performance of a contract entered into or by protecting a tenant from unlawful eviction. By the fifteenth century, seigneurial courts were, as a matter of course, also hearing complaints against court officials, appeals against judgement, applications for pardon or respite, bills against fellow tenants, and quarrels between tenants and retainers. Useful though they were in providing rough and ready justice, feudal courts had their drawbacks. First, their jurisdiction was limited to the lord’s domain. A lord might arbitrate between his tenants and retainers but it was quite impossible to interfere between a landlord and his tenant no matter how tyrannical the landlord was, unless he was in some way ‘tied’ to the lord. Second, they could not escape the censure  of the king’s  justices, who said that they ‘sacrificed law and justice for interest and favour.’[33] There is probably some truth in this accusation since the importance of patronage in local society was such that it encouraged the preference of personal interest over the law. The problem was exacerbated by the fact that an appeal to the king’s courts was usually beyond the means of most litigants.

 

Of all the baronial councils offering seigneurial justice, Gloucester’s was the most important.  The records show that the governors of York and Beverley and other towns in Yorkshire were encouraged to turn to it whenever they were in difficulty. This was not simply because he was the greatest magnate but also because his council was the most efficient and impartial. It was constituted from the men of his household council who usually met at Middleham Castle in Wensleydale (which, by the way, he insisted on calling his ‘home’). Their primary function was to help the duke administer his vast estates. However, as we have seen the council quickly assumed a very important judicial role as a seigneurial court of requests. Among Gloucester’s permanent councillors were Lord Scrope of Bolton, Baron Greystoke (Scrope and Greystoke were related to the duke by marriage), Sir Francis Lovell his closest friend and comrade in arms, Sir James Harrington, Sir William Parre, Sir Richard Nele, Richard Pygott and Miles Metcalfe. Nele was a King’s Justice of Assize and Metcalfe was the Recorder of York; Parre and Pygott were both practising lawyers ‘learned in the law’. Ad hoc Councillors called occasionally by Gloucester  included Sir James Tyrell (a man of action, used for ‘bold affairs’), Sir Ralph Assheton and (probably) Richard Ratcliffe. The secretary to the Council was John Kendall, son of a loyal servant to the house of York. It was on any view a powerful bench of judges and ‘shrewd men of affairs’. Having said all of that, we must be careful not to overestimate the extent of Gloucester’s achievements. He could neither reform the law to make it more just, nor improve its administration to make justice more accessible. He was unable to alleviate poverty. He was not a liberal reformer and he lived a privileged life that few northerners could even imagine, much less share. And yet he did a wonderful thing; without the need for bloody revolution he made justice more accessible by offering, on a case-by-case basis, “…good and indifferent (that is impartial) justice to all who sought it.“[34]

 

Gloucester demonstrated through his council that he was prepared to remedy an injustice even if he did not have the authority accorded by a strict interpretation of the law; moreover, he was prepared to use his power to enforce a just settlement. The best example of this is his council’s support for custom tenants against bad landlords. In the time of the Lancastrian kings, the judges held that tenants faced with extortionate fines and illegal eviction had no other remedy but to sue the landlord by petition. [35] The common law courts were too rigid and their officials too easily intimidated to be of help. Nevertheless, in 1482, Chief Justice Sir Thomas Brian declared “that his opinion hath always been and shall ever be, that if such a tenant by custom paying his services be ejected by the lord he shall have action of trespass against him’. Brian CJ may, of course, have been expressing his personal view of the correct law as he saw it, which was in contrast to the accepted legal doctrine and practice of the courts. However, there are grounds for thinking that he might equally have been articulating the practice of Gloucester’s household council, which was to treat an illegal eviction by a landlord as a simple trespass. Although we don’t have a written record of such cases, Littleton in his treatise ‘Tenures’ assures us that they did try them.[36] Frankly, it is inconceivable that the council did not hear many petitions and requests from destitute tenants for relief against tyrannical landlords. If they dealt with them in the same way as the ‘King’s Council in the North’ was subsequently to deal with them after 1484, they must have generally upheld the rights of the tenant who had paid his services against the unjust landlord. If so, “ It is easy to understand how Gloucester won the love of the common people beyond the Trent, which was to stand him in such good stead’[37]

 

Lord High Commissioner

In 1482, on the verge of the invasion of Scotland, Edward made a significant change to the governance of the North. He issued a commission of oyer and terminer to Gloucester and Northumberland as ‘Lord High Commissioners’, which effectively combined their household councils. The composition of the Commission is interesting since it included not only Gloucester and Northumberland but also some significant members of their respective councils augmented by two important judicial appointments. However, there is no gainsaying that the bulk of its membership came from men associated with Gloucester’s council. Sir John Scrope of Bolton, Baron Greystoke, Sir Francis Lovell, Sir Richard Nele, Sir William Parre, Sir James Harrington, Richard Pygott and Miles Metcalf were all either legal or lay members of Gloucester’s council; of the remainder, Sir Guy Fairfax (an Assize Judge on the Northern Circuit) and (possibly) John Catesby were associated with Northumberland. The relationship of Chief Justice Sir Thomas Brian and Sir Richard Clarke to either of the Lord High Commissioners is unclear. The significance of this change is that it turned the essentially private function of seigneurial courts into the king’s justice  in criminal and party and party litigation.

 

Officially, the commissioners were the king’s servants and in the absence of the duke and the earl who were off fighting the Scots, the remaining members  took steps to enforce  the kings justice.   Their success in repressing rioting that might otherwise lead to insurrection was such that it served to highlight the continuing and endemic lawlessness, which was partly due to a lack of royal authority and partly to the deficiencies in the law to which I have already referred. They also examined and arbitrated effectively in party and party disputes. This commission was valuable experience for the duke of Gloucester since it served as a model for his futuristic ‘King’s Council of the North’ and the basis upon which he reorganised the governance of the north once he became king. It is a fact that no permanent commission designed to keep the peace and provide party and party justice for northern England was set up during the reign of Edward IV and that “the credit for this most necessary reform belongs wholly to Richard III ”[38]

 

The King’s Council in the North

When Gloucester came to the throne in 1483 he had considerable practical experience of governing in the north and the provision of  justice for all; however, he did not begin immediately to formalise the work of his council. The reasons for this may seem obvious; he was busy dealing with the aftermath of Buckingham’s rebellion and ratifying his title in parliament. It is also possible that he intended to follow the precedent set by Edward IV in 1472 and set up his young son Edward Prince of Wales as the King’s Lieutenant in the North with a council to govern in his name.[39] If that was Richard’s hope, it was to be dashed. Edward Prince of Wales died in April 1484 “not far off Edward’s anniversary.” [40] It was a loss that shook king Richard as nothing else could and for a time he and Anne were almost out of their minds with grief.[41] However, Richard was king and duty-bound to turn his mind to affairs of state.

 

He decided to make some fundamental change to governance in the north. First, he separated Yorkshire administratively from the border Marches.  The earl of Northumberland was appointed as Warden in Chief of the Marches and granted several estates in Cumberland, which made him the  dominant border lord.  It was his reward for acquiescence in Richard’s accession. Next, Richard appointed John De La Pole, earl of Lincoln as the King’s Lieutenant (he had already been nominated as heir to the throne). [42]The king createdThe King’s  Council of the North from his former ducal  council and Lincoln was its first President.  Northumberland was appointed a member of the Council but was clearly subordinate to Lincoln (It was a downgrading that the proud Northumberland took hard, which may explain his treachery at Bosworth a year later.). To make these changes lawful, king Richard issued two permanent commissions: one authorising the Council to sit as Justices of the Peace, the other of oyer and terminer. With these in place, the council had full civil and criminal jurisdictions and was fit to dispense the king’s justice. Richard allocated an annual budget of 2000 marks for the maintenance of the Council, which was to be paid from the income of his northern estates.[43] The council chamber was moved from Middleham to Sandal and regulations drawn up for the council’s conduct, especially, its judicial function. In particular the regulations directed that the Council must sit at least four times a year. The preamble to these regulations captures Richard’s attitude to justice perfectly “…the Regulations as they are here called, proceed to give general directions that no member of the council, for favour, affection, hate, malice or meed (a bribe) do ne speak (sic) in the Council, otherwise than the King’s laws and good conscience shall require but shall be impartial in all things, and that if any matter comes before the Council in which one of its members is interested, that member shall retire.” [44] There is no need to discuss the detailed regulations since Richard’s respect for the law of the land is clear from the above quote.

 

It is helpful, however, to briefly mention one important case that came before the Council, which illustrates how Richard thought the legal process should work. In 1484 there was a riot in York that arose from the enclosure of some common land. Roger Layton and two other men ‘riotously destroyed the enclosure’. After some careful thought the Mayor and Council arrested and imprisoned the ringleaders, and sent their man to learn the king’s pleasure. The matter came before the king’s Secretary and Comptroller, Sir Robert Percy[45]; at the same time Lincoln, then at Sandal was informed. A week later Sir Robert arrived at York with a message from the king. The king was willing that the citizens should enjoy their common pasture; however, he reprimanded them for seeking to recover their rights by a riotous assembly, instead of putting their case to the Mayor and Council. If they failed to get justice there, they should have referred the matter to the King’s Council of the North. And if they failed to get lawful redress there they could lay the case before the king. This message was  a clear indication that the King’s Council in the North was to be a court of first instance. Matters were only laid before the King’s Council of State if the King’s Council of the North failed to do justice.  The Council remained throughout its existence, pretty much as it was in 1484 “ Neither its jurisdiction nor its procedures underwent any serious modification. Such changes as came, were just the changes of time.” [46]  In 1640, the Long Parliament abolished the King’s Council in the North.

 

Courage

This article is not really about Gloucester’s governance of the north, or the state of English justice in the second half of the fifteenth century; it is about moral courage. The type of courage described by General Sir Peter de la Billiére in his introduction to ‘The Anatomy of Courage’ by Charles Moran: “Moral courage is higher and rarer in quality than physical courage. It embraces all courage and physical courage flows from it…it is applicable to business, in law, within institutions such as schools and hospitals. It takes moral courage to stand up against a crowd, to assist a victim of bullying, or to reveal negligence where others would prefer it to remain hidden. Moral courage implies the belief that what you are doing or saying is right, and are willing to follow through your conviction regardless of personal popularity or favour: so easy to expound, so demanding to achieve. In my experience a person of high moral courage will seldom fail to demonstrate an equally distinguished level of physical courage”.

 

The reality is that Richard’s valour in battle, whilst admirable, is not enough to save him from the accusation that he was a bad man. To be given the benefit of the doubt, it is necessary to demonstrate his goodness, with examples of his moral courage and acts of kindness, justice and mercy. That is what I have tried to do in this essay. The examples of Richard’s governance to which I have referred, are merely illustrations of what I regard as his high moral courage. They demonstrate not merely his potential for goodness, but that those who lived under his governance for more than a decade thought he was a good lord.  It is not, of course, a defence against the accusations of, regicide, infanticide, incest and usurpation levelled against him; but then, it can be argued that  an active defence is hardly necessary anyway, since those accusations are only the result of  gossip, rumour and hearsay.

 

[1] I have taken the liberty of borrowing the idea for this title from the book ‘Richard III: loyalty, lordship and law’ (PW Hammond (Ed) (R3 and Yorkist History Trust i 1986). It is an excellent volume containing a number of erudite papers presented at a symposium to mark the quincentenary of king Richard III’s reign.

[2] CAJ Armstrong – The Usurpation of Richard the Third by Dominic Mancini (Oxford 1969 edition) p.65. There is a risk in inferring too much from a single source, especially as Mancini’s narrative is hearsay. Nevertheless, I am using it here for good reasons. First, Mancini provides a truly  contemporary assessment of Richard’s character (See Charles Ross–Richard III (Yale 1999 edition) p. Lvii, for an opinion on the importance of Mancini’s narrative.). Second, Mancini was no friend of Richard’s; he never met or even saw him. What he knew of Richard’s character he heard from others. Third, given Mancini’s animus towards Richard (He assumed that Richard aimed to seize the throne all along.), this unsolicited testimonial suggests there was truth in his good reputation. Finally, there is contemporary, and independent evidence that corroborates this passage.

[3] Ross (R3) pp. Lxvi and 64: professor Ross acknowledges the ‘extraordinary difficulties of the evidence’ (in deciding when and why Richard decided to assume the crown) and assures us that modern (20th century) historians ignore the Tudor tradition in favour of inferring Richard’s character and motives “ …from a close scrutiny of the events themselves without preconceptions.” He further argues that they have a more critical appreciation of the worth of the Tudor tradition, ” …and a certain unwillingness to throw the whole bodily out of the window, especially when it can be confirmed by contemporary evidence.” It is not clear quite how closely the events are scrutinised by modern historians given the ‘extraordinary difficulties of the evidence’ already alluded to. Furthermore, the near contemporary material cannot corroborate the Tudor tradition since they are one and the same thing. Corroboration means evidence independently confirmed by other witnesses. The so-called ‘Tudor tradition’ is no more that an uncritical résumé of the earlier post Richard material and repeats their mistakes.

[4] Ross (E4) pp.199-203; Ross (R3) p.26; Hicks pp.83-86; Anthony Pollard – Richard III and the Princes in the Tower (Bramley Books 1997 edition) pp.83-85; professor Hicks’ angst about Gloucester’s wickedness is so great that he couldn’t resist the following comment: “He was not a great soldier, general or chivalric hero, not a peacemaker, not even a northerner. The great estates he assembled, the north he united and the local tradition he fostered all resulted from a judicious mixture of violence, chicanery and self publicity” (p.85). Gloucester’s ‘dispute’ with Clarence over the Neville inheritance; his behaviour towards the dowager countess of Oxford whilst she was committed to his ‘keeping and rule’, his part in the trial and attainder  of Clarence and his preference for war against France are all cited as examples of his grasping, malicious  and violent  character. The trouble with this opinion is that its validity depends on accusations made after Bosworth by people with an axe to grind and at a time when it suited the Tudors to embroider his shortcomings for their own advantage. For a different opinion see Kendall pp.127-150. It is noteworthy that professor Kendall disregarded the Tudor myth, relying instead on contemporary source material to support his generally favourable interpretation of Gloucester’s behaviour as a duke.

[5] Anne F Sutton – A curious Searcher for our Weal Public: Richard III, piety, chivalry and the concept of the good prince’, published in ‘Richard III: loyalty, lordship and law’ pp.58-90. Ms Sutton’s essay provides an evidenced and balanced view of Richard as a good prince within the medieval context.

[6] Mark Lansdale and Julian Boon – Richard III: a psychological portrait (Ricardian Bulletin March 2013) pp.46-56. Professor Lansdale and Dr Boon offer a number of plausible hypotheses that might explain Richard’s behaviour. Although their professional opinions are necessarily speculative, they do not in my opinion go beyond what might be inferred from the available evidence.

[7] It is interesting (I put it no higher) to analyse the main biographies of Richard written in the last one hundred and fifty years. James Gairdner’s biography (1878) contains 332 pages, of which 52 relate to Richard’s life as duke of Gloucester; the remainder analyse Richard’s reign and the controversies surrounding it. Clement Markham wrote a biography (1898) in direct response to Gairdner’s work. Of its 327 pages, 42 deal with the period 1470-83. Paul Kendall’s biography (1955) is generally positive for Ricardians. Of its 393 pages (excluding appendices and notes), 152 are devoted to Richard as a duke, of those 49 are specifically about his time in the north. Charles Ross’ biography (1999) is — for the want of something better — considered to be the standard work on Richard’s life and reign. It contains 232 pages, of which 39 are devoted to Richard as a royal duke: including 20 pages as ‘Lord of the North’. Finally, Michael Hicks’ biography (2000 revised edition) analyses Richard’s actions in the context of a criminal trial in which Hicks’ prosecutes, defends, and is judge and jury. It contains 199 pages, the story of Richard’s life before April 1483 being compressed into 31 of them. My analysis is, of course, academic since it does no more than suggest that quantitatively, the first thirty years of Richard’s life get significantly less attention than the last two; it does not examine the reason for that. Nevertheless, it suggests to me that Ricardian studies may benefit from a new scholarly biography of Richard’s life and reign. Hopefully, it would be one that emulates in its breadth, thoroughness and objectivity Cora Scofield’s definitive account of Edward IV’s life and reign (including all that ‘merciless detail’ that professor Hicks found so tiresome), and Professor Ralph Griffiths’ equally comprehensive and objective biography of Henry VI. I live more in hope than expectation.

[8] Pollard (R3) p71-73

[9] Horace Walpole – Historic doubts on the life and reign of King Richard III (1768)

[10] Ross (R3) pp.24-26; Keith Dockray – Richard III: a source book (Sutton 1997) pp.32-33.

[11] Annette Carson – Richard duke of Gloucester as Lord Protector and High Constable of England (Imprimis Imprimatur 2015) pp. 23-26 and 61 contains a guide to the office of constable of England and Gloucester’s chivalric, martial and judicial powers. The duchy of Lancaster had held palatine status since 1351 and was independent of royal authority. Its lands in the north were vast and its power great; so much so that the Lancastrian kings retained the title of duke of Lancaster to themselves to prevent diminution of royal authority. On ascending the throne, Edward IV held the dukedom in abeyance but reserved to himself its authority, benefits and responsibilities. As Chief Steward of the duchy, Gloucester was the chairman of the council appointed by the king to administer the duchy territories.

[12] Paul Kendall – Richard III (George Allen & Unwin 1955) pp. 129,456 note 7 (citing Letters and papers of the reign of Henry VIII by JS Brewer, London 1864-76, 1, 2, pp.1054, 1260). Lord Dacre, Warden of the West March complained to Wolsey that he shouldn’t be expected to match the accomplishments of Richard duke of Gloucester. Predictably, he was told that he must provide the same standard of effective governance as the duke.

[13] Rachel Reid – The King’s Council in the North (Longman Green & Co 1921) p.27 et al

[14] Ross (E4) p.199; professor Ross argues that that it is not true that Northumberland was placed under Gloucester’s ‘supervisory authority’ as suggested by Cora Scofield and Paul Kendall. He relies on the indentures made between the duke and the earl in 1473 and 1474, which did indeed separate their authority. On his interpretation of those indentures any subordination was a private matter and not official, and the earl’s freedom of action was assured. Unfortunately, professor Ross (not for the first time) fails to read between the lines to understand what was really happening. There was indeed some early friction between the duke and the earl, arising from Northumberland’s resentment that Gloucester had inherited the Neville mantle and was an obvious threat to Percy hegemony and independence in the north. The indenture of 28 July 1474 (Dockray [sources] p. 34) was intended to calm the situation by confirming their relationship as being that of a ‘good lord’ and his ‘faithful servant’, which was the conventional arrangement, since a royal duke trumped a belted earl in status. However, the caveat inserted into the indenture that Gloucester would not to interfere with Northumberland’s duties as warden of the east and middle marches or poach his servants, was a sensible recognition of the feudal reality and a concession to the touchy earl (see Dockray [sources] p.35 for evidence of Northumberland’s touchiness). The Percy’s were notorious trimmers; they had fought against a Lancastrian king at the turn of the fifteenth century and for a Lancastrian king during the Wars of the Roses. Although their power was effectively destroyed at Towton, they played a major and distinctly treacherous part in the northern rebellions of the early 1460’s. Although, Edward never forgot their treachery, he needed Percy assistance during the 1470’s and was keen not to upset them: Gloucester obviously concurred. There can be little doubt that the indentures were a fiction to preserve Northumberland’s pride. In reality he had less influence in the north than Gloucester. Significantly, Edward was quick to clarify his brother’s supreme authority by appointing him the king’s Lieutenant General in the North when he decided to invade Scotland: not once but twice. By 1482 Gloucester was endowed with what amounted to quasi-royal authority to conduct the war (or peace) with Scotland.

[15] FW Brooks – The Council of the North (Historical Association 1953, revised edition 1966) p.6

[16] AJ Pollard – North, South and Richard III, published in ‘Richard III: crown and people (J Petre –Ed) (Richard III Society 1985) pp.350-51. Pollard refers to various local studies that show northern England to have been ‘economically backward’ at this time. Although the six counties of Westmorland, Cumberland, Northumberland, Durham, Lancashire and Yorkshire occupied about a quarter of England’s total area, they accounted for only 15% of the population (Pollard’s best guess).

[17] Brooks p.10

[18] Ross (E4) pp.45-49

[19] Keith Dockray – Richard III and the Yorkshire Gentry 1471-85, published in Richard III: loyalty, lordship and law pp.38-57. Only the personal intervention of Henry Percy (heir to the earl of Northumberland killed at Towton) prevented the northerners from attacking Edward and his small entourage when they landed on the Yorkshire coast in 1471.

[20] Sutton (R3, piety etc.) p.62

[21] Robert Davies – Extracts from the Municipal Records of the City of York during the reigns of Edward IV, Edward V and Richard III (London, 1843); and the York Civic Records, supra; Chris Given-Wilson (Gen Ed) – The Parliamentary Rolls of Medieval England (Boydell Press 2005): Rosemary Horrox (Ed) Volume 14, pp. 412 & 425; Washington DC, Library of Congress, Thatcher 1004 (a letter from Gloucester to Sir Robert Claxton, 12 August 1480, which is reproduced in Pollard (R3) p.237) and Mancini supra

[22] Calendar Patent Rolls Edward IV, Edward V and Richard III -1476-85, p.339; T Stapleton (Ed) Plumpton Correspondence (Camden Soc 1839) pp.31-33 & 40 and A Raine (Ed) – York Civic Records (Yorkshire Archaeological Society Records Series 1939) Vol 1, PP.2-3.

[23] YCR pp.15-16, 51-52 & 54

[24] Dockray (R3 sources) pp. 30, 34-37

[25] Davies p.89; this is a quote from a letter from the York City Council to the duke of Gloucester.

[26] Reid p.58; Davies passim

[27] Pollard (R3) pp.231-32, and Appendix 1, pp.234-236. The original arbitration agreement is in North Riding County Record Office, Clervaux Cartulary, ZQH.

[28] Davies pp.80-95; the cost of Pike ranged from 10s.3d to 11s.3d ‘a piece’ old money, which equates to about 52-62p today.

[29] Kendall pp135-37; see also Davies pp140-41

[30] Dorothy Mitchell – Richard III and York (Silver Boar 1987) p.27; Alderman Thomas Wrangwyshe was a colourful character indeed. Aged about forty-five in 1482. He commanded a company of archers in Gloucester’s Scottish campaigns. In 1483 he personally led 300 men from York to be at the king’s side during Buckingham’s rebellion. He was a rough diamond, with a distinctly ‘Ricardian’ sense of justice. In one case in January 1485, when he was the Mayor, he sent a man to the gaol for being cruel to another man, who was, in the stocks. The sergeants were escorting the prisoner to the city gaol, when a ‘large group of his heavily armed friends’ tried to release him. Wrangwyshe, hearing the violent affray, stormed into the street and settled the fight with his fists; thereafter he grabbed the prisoner in ‘his strong hands’ and  dragged him off to the gaol. Wrangwyshe was a  formidable fighter in and out of the council chamber and seems to have won Gloucester’s friendship.

[31] Reid p.47

[32] Reid p.48

[33] Reid p.54

[34] Reid p.58: the sub-heading for this section is paraphrased from a sentence in Dr Reid’s work on the council of the north, which reads as follows “Richard did not reserve his favour for the victims of economic change. In his Council he offered good and indifferent justice to all who sought it, were they rich or poor, gentle or simple”.

[35] There was an upsurge in unfair fines and illegal evictions due to economic factors on the continent, which was driving-up the price of wool and hides (the North’s most marketable commodity). As a consequence, the value of pastureland increased. Tenants who held manor lands by feudal custom were liable to have their land enclosed by ruthless landlords intent on turning arable land or rough common land into valuable pasture.

[36] Reid pp. 57-58 citing Sir Thomas de Littleton- Tenures (published 1482) (1841 edition) Sec 77; Brian CJ’s dictum was incorporated into the 1530 edition of Littleton. Sir Thomas de Littleton (1407-1481) was an English judge and jurist. His treatise on ‘tenure’ was the standard legal textbook on the law of property until the nineteenth century.

[37] Reid, ibid

[38] Reid p.59

[39] Reid pp.59-61

[40] Nicholas Pronay and John Cox (Eds) – The Crowland Chronicle Continuations 1459-1486 (Richard III and Yorkist History Trust 1986) p.171

[41] Pronay; ibid

[42] Rosemary Horrox and PW Hammond (Eds) – British Library Harleian Manuscript 433 (R3S 1982), Vol 3, pp. 107-08 [f264b]. The Commission creating the Council and appointing the earl of Lincoln as its first president is undated. However, Lincoln was at the time Richard’s heir and so the Commission must have been signed after the death of the Prince of Wales, probably around the 24 July 1484.

[43] Harleian MS433, Vol 3, pp. 114-117 [f 270]); see also Reid pp. 58-70 for a detailed appreciation of Richard’s regulations governing the council’s conduct.

[44] Harleian MS433, ibid; I think there may be  a double negative in Richard’s regulations.

[45] Mitchell p.30; Sir Robert Percy (not a member of the Northumberland Percies) was king Richard’s closest personal friend after Francis Lovell; the three had trained together at Middleham. Faithful to the end, he died fighting beside his king in the final charge at Bosworth. Percy’s son was attainted after the battle of Stoke in 1487.

[46] Reid p.62

A COMMEMORATION IN WELLS

Recently, for this year’s anniversary of Bosworth Field, I had the pleasure of joining the Somerset branch of the Richard III society in a commemoration service held in the Bishop’s private chapel. King Richard’s personal prayer was recited, and the beautiful ‘In Memoriam: Ricardus Rex’ by Graham Keitch was sung to great effect by the talented choir. White roses were then laid before a candlelit portrait of Richard on a banner bearing the Arms of England.

Before the service, a tour of the ruins of the medieval Bishop’s s palace was also included. The palace was begun in about 1210 by Bishop Joscelin, with further  structures added down to the 15th c. Thomas Beckington, who became Bishop in 1443, ordered these last features. These later buildings include the imposing Bishop’s Eye, a tall tower that still stands today within the beautiful gardens.

From the exterior of the palace, some of the structure has a slightly martial feel, with its deep moat, crenellations, and portcullis. The unpopular Bishop, Ralph of Shrewsbury, added this particular design in the 1300’s. Ralph imposed heavy taxation on the locals of the town, hence he feared potential retaliation from the mob.

For Ricardians, Bishop Stillington, who revealed Edward IV’s pre-contract with Eleanor Talbot, is the best known Bishop of Bath and Wells. However, like many churchmen of the day, Stillington  spent relatively little time in his diocese; in his case, it is thought he lived in Wells only a few months if as long as that!

However,  John Gunthorpe, Dean of Wells from 1472, did, in fact, live for some time in Wells from 1485 onwards.  Gunthorpe, who had a long and eminent career, served three Kings, Edward, Richard and then Henry Tudor,and was, for a time, Edward IV’s chaplain, and a Cambridge scholar (he obtained a Batchelor’s degree in theology). During Edward’s reign, Gunthorpe was also almoner, clerk, councilor and ambassador, and served as secretary to Elizabeth Woodville.

Despite Dean Gunthorpe’s  close connection with the Woodvilles, Richard seemed to trust him, and during the King’s short reign,  Gunthorpe became keeper of the Privy Seal. He assisted with the completion of various treaties, including that with Scotland, and in 1484, Richard wrote a letter to Gunthorpe in which the King spoke out against bribery: “…discharge Richard Bele from his place in the office of the said Privy Seal, to which he had been admitted contrary to the old rule and due order, by means of giving great gifts and other sinister and ungodly ways in great discouraging of the under-clerks, which have long continued therein, to have the experience of the same – to see a stranger, never brought up in the said office, to put them by of their promotion“.

Gunthorpe’s loyalty to the new King must have been in no question, for apparently in 1485 he gave the Dean a gift of the ‘swans of Somerset.’ Some have imagined this might relate to the famous  bell-ringing swans that have tenanted the Bishop’s Palace moat for many centuries, but I think it more likely that it is a general appointment to look after the King’s birds (swans had been ‘royal’ birds for centuries but obtained protected ‘royal status’ legally in  the ‘Act of Swans’ in 1482) or even a gift of a swan or two for the table, which only Richard would have had permission to grant.

Gunthorpe seems to have definitely taken up residence at Wells by 1485, and was later visited there by Henry Tudor, who came to the town on several occasions. His house still stands in the cathedral close and it marked by a plaque.

Wells is also well worth visiting for its attractive cathedral and other medieval buildings, including ‘Vicar’s Close,’ thought to be Britain’s only complete surviving medieval street.

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Why it had to be the Tower

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Many Ricardians, although convinced of Richard’s innocence in certain matters, have been perplexed by his apparent uncharacteristic actions concerning the precipitous execution of William, Lord Hastings at the Tower.

Annette Carson has investigated the contemporary evidence and come up with a very plausible theory – she admits it is just that, a theory, but it is very interesting nevertheless and just as probable as all the other theories out there.

Have a look at it here: Annette Carson’s Website

 

Jung’s ‘archetypes’ and their function in medieval history.

Giaconda's Blog

jung Jungian archetypes

I’ve been interested in ‘archetypes’ for a long time as I am very drawn to myth and to aspects of Jungian psycho-analysis particularly with regard to how we analyse the personalities and character of historical figures.

Often ‘myth’ is classified as something unreal or untrue yet myths also contain the essence of experience and accumulated wisdom or truth carried down for generations and that is why they retain their power to fascinate us. Myth goes hand in hand with the concept of ancient models which are carried in our sub-conscious and applied to our analysis of characters.

‘The term “archetype” has its origins in ancient Greek. The root words are archein, which means “original or old”; and typos, which means “pattern, model or type”. The combined meaning is an “original pattern” of which all other similar persons, objects, or concepts are derived, copied, modeled, or emulated.’http://www.soulcraft.co/essays/the_12_common_archetypes.html

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Chronicle of the Revolution

What happened in 1483 was certainly a revolution of sorts, however you dress it up. It is therefore rather naive to expect that everything ought to have been done in strict accordance with common and statute law. After all, it wasn’t in 1399 or 1461, was it? If you think Richard III’s election to the throne was a bit thin, please have a serious read-up on the election of Edward IV – it was a good deal thinner.

Let’s go through the events – again!

First, Richard did not act like a man who was planning to take the throne. After gathering the Yorkshire notables together to swear allegiance to Edward V, he went south with a following of about 300 men. This was probably a bit more than his normal riding-household, but it was certainly not an army, and Richard would have been well aware that Edward V had an escort of 2,000. The only immediate reinforcement he could expect was that of Buckingham (between 200 and 300, depending on who you believe). We have no reason to think Buckingham was, prior to this date, Richard’s lapdog or part of his affinity. At best he was a hoped-for ally. Northumberland, who was Richard’s associate in the north, and had vast resources in manpower, was left behind. Nor is there any evidence that Richard made any attempt to mobilise the rest of his own, considerable following.

Rivers, on the other hand, had taken care to check his own authority to raise men in the Marches. The only reason he did not raise more than 2,000 was that Lord Hastings had threatened to withdraw to Calais if he did. This demonstrates that something was going on at court to make Hastings suspicious. So Woodville plotting was not all in Richard’s head.

Richard met Rivers and Buckingham at Northampton, and here, undoubtedly, something happened. Richard’s suspicions may have been aroused by the fact that Rivers had sent Edward V forward to Stony Stratford, on the excuse (apparently) that Northampton could not hold all their retinues. Northampton was actually a (relatively) large place. Parliaments had been held there in the past. Richard may have assumed that Rivers was trying to delay the meeting between Richard and his nephew, or get Edward V that little bit closer to London.

Alternatively, what Buckingham said may have been the issue. For example, did Buckingham tell Richard that the Woodvilles were planning to ambush him? They were very close to what passed for Woodville country, so the general area would be a likely place for such an ambush. Next day, forewarned, did Richard take an alternative route to Stony Stratford to foil the ambush? It’s impossible to say, but such a scenario would help explain his sudden anger and his decision to arrest Rivers, Grey and Vaughan.

Another explanation is that Richard, having carefully hidden his plans up until this point, suddenly decided to usurp the throne. Perhaps his change of face was caused by a bad dish of lampreys. Anyway, on this explanation, Richard, going against every aspect of his character displayed to this point, inexplicably seized the perfectly innocent Rivers, Grey and Vaughan and had them thrown into custody. If this is the case, one wonders why he did not follow the example of his mentor, Warwick, and simply have his enemies executed on the spot. It would certainly have concentrated a few minds. But one must also wonder why he left so many men behind in Yorkshire if this was what he was planning all along. Why leave himself outnumbered by 2,000 to (at best) 600? It doesn’t make sense.

Surely the most likely explanation is that ‘something’ happened at Northampton which hardened Richard’s attitude. What that ‘something’ was exactly is impossible to say with assurance, but almost certainly it was something which he thought put his life in peril. A plotted Woodville ambush, or a tale of one, is a possibility.

Edward IV, The Woodvilles, and Lord Hastings

Charles Ross in his invaluable book Edward IV explains the utility of the Woodville family to Edward IV. The fact that they were (relatively) low-born and owned (relatively) little land was actually their selling point. Essentially (unlike for example Warwick, or even the Duke of Gloucester) their power and influence could not be exercised independently of Edward. They needed him rather more than he needed them. It is perhaps not inappropriate to think of them as members of staff in a modern company. They could be given tasks to do, but the Chief Executive (Edward) could determine and limit those tasks as he pleased, and he could also, in effect, dismiss them at will. It was much more difficult to ‘dismiss’ the likes of Warwick, who, to continue the analogy, could set up in business on his own account or become a valuable acquisition to a competitor.

Of late there has been an attempt to whitewash the Woodvilles in some quarters, but Ross (who was no raving Ricardian) has this to say: ‘More important in creating their unsavoury reputation was their own behaviour. As a family, the Woodvilles were not conspicuous for their charm and amiability. Like his daughter, Earl Rivers seems to have been greedy and grasping and the duchess of Bedford was not much better. They could also be vengeful and overbearing.’ (Edward IV, p97.)

In fairness, Ross goes on to say that Anthony was a more attractive figure. But then he says: ‘…the main source of the Woodville unpopularity was the contemporary belief that they exercised an excessive and malign influence upon the king.’ (Edward IV, p99.)

Now, just as it is mistaken to believe that Edward IV was entirely dominated by Richard of Gloucester, I believe it is equally mistaken to believe Edward was ruled entirely by the Woodvilles. Edward IV was his own man, and that is why the – dare I say evils? – of his reign must be blamed squarely on him, and not on either Richard or the Woodvilles. However, at the time, I believe it was easy for critics of Edward’s regime to blame the Woodvilles for the policies they disliked. In Warwick’s case, he was simply following the well-trodden path of blaming ‘the King’s advisers’ for the King’s policies. Rebels almost invariably did this, whether we are talking about the Lords Appellant in 1387 or the Parliament in 1641. It was simply the norm, as it implied that the King personally was not to blame but was the prisoner of a clique.

In Richard of Gloucester’s case, I suspect it was mentally more comfortable for him to blame the Woodvilles than to blame his once-adored elder brother. Though I suspect his adoration of Edward had dimmed a little by 1483, for a number of reasons.

On the other hand, the Woodvilles clearly had some influence. They were not around the court for the benefit of their health. It’s simply that they did not have quite the influence either they or their opponents imagined, and this was cruelly exposed by the death of their patron.

It may be that the Woodvilles simply had a different ‘vision’ of a Protectorate, that they envisaged something like the minority of Henry VI, when Humphrey, Duke of Gloucester, although named Protector, had limited powers and functioned more or less as primus inter pares at the head of the Council, with no control of the person of the King. That is the most generous interpretation that can be put on their actions. A less generous interpretation is that they meant to destroy Gloucester (and possibly Buckingham and Hastings too) and rule themselves, perhaps with Rivers, or even Queen Elizabeth, at the head of the table. It’s impossible to be sure.

Richard of Gloucester quite clearly envisaged the role of Protector as akin to the power exercised by his own father during Henry VI’s periods of insanity – that is, that he would rule virtually as a king. If we assume that – and there really is little evidence that he was planning to take the crown himself – his reaction to the Woodvilles’ intrigues is fairly understandable.

As for Hastings, it is quite clear that he too felt threatened by the Woodvilles, and so we can safely say that the issue was not entirely in Richard’s head. His threat to debunk to Calais if Edward V’s escort was not limited to 2,000 says it all. (One wonders why an escort even as large as 2,000 was felt necessary unless the Woodvilles’ envisaged some sort of clash of arms.)

Hastings was (though you might be forgiven for thinking otherwise) as much a ‘new man’ as any of the Woodvilles. His father had been a knight, and the family had been in York family service for several generations. He was vaguely related to the Hastings earls of Pembroke (whose line died out in 1389) but so were lots of other people. Like the Woodvilles he had (relatively) little land. What he did have were remarkable political skills, a great deal of popularity, and the personal friendship with Edward IV. A lot of his power, though, depended on the offices he held. Lord Chamberlain, Lieutenant of Calais and Master of the Mint. (He was also employed as ‘steward’ by various lords and ladies, but only because of his influence, one imagines.)

Hastings was no friend of the Woodvilles, and indeed had apparently had something of a feud with them. He was reportedly delighted by their fall. So what went wrong? In my view, he very quickly realised that he was not going to be Richard’s right hand man. Buckingham, Howard and probably Lovel were in the queue ahead of him. Lacking the political influence he had enjoyed under Edward IV, he would be – well, perhaps not ruined but certainly diminished.

He may also have favoured the 1422 model of a Protectorate. Either he did not want Gloucester to have too much power, or he saw that Richard was planning to make himself King. Neither scenario would give Hastings the power he wanted and needed. He was not, in short, prepared to be relegated to the second violins.

This would explain why he started some plotting of his own, perhaps by making overtures to his Woodville rivals. Again, he may not have intended to do more than limit Richard’s power, put him back in his box, or it may have been something more lethal.

Yet another possibility is that Hastings knew of the Edward IV-Eleanor Talbot marriage, and that when the facts came out his position became untenable. However, given that Edward somehow apparently managed to keep Hastings out of the loop about Elizabeth for some time, this can by no means be certain.

The Tragedy of King Richard 111 (not by William Shakespeare)

Part 6 – “The peace of England, and our safety enforced us to this…”

“So mighty and many are my defects

That I would rather hide me from my greatness

Being a bark to brook no mighty sea

Than in my greatness covet to be had

And is the vapour of my glory smothered”

(William Shakespeare)

 

“ I am unfit for state or majesty”

Richard duke of Gloucester had to put his thinking cap on. His hopes for a peaceful transition from the reign of Edward IV to that of Edward V were dashed. The bishop of Bath and Wells’ revelation that Edward IV was still wed to Eleanor Butler when he married queen Elizabeth had cast a deep almost impenetrable shadow over the royal succession. If true, it meant that he, and not any of his brothers’ children, was the legitimate Yorkist heir.[1] All the while he believed that Edward’s children were legitimate, the duke saw it as his duty to work towards Edward V’s enthronement regardless of his personal feelings. However, the truth was that England was not ready for a boy king, especially a Woodville one. The knowledge that young Edward and all his siblings were illegitimate presented the best opportunity to secure the peace and stability of the realm by putting a proven soldier and administrator on the throne instead of a callow youth. Once the duke was sure that the pre-contract was true his course was obvious. He must take the crown in the national interest and his own. The problem was that that course cut right across the creed he lived by: ‘Loyaulte Me Lie’. Duke Richard was a soldier, a practical man, a ‘doer not a wooer’. The requests for help from York and from his northern adherents were Gloucester’s military solution to a security problem. However, Gloucester the politician was in denial. Catesby’s news that Hastings had joined the conspiracy to murder him and Buckingham and that he (Hastings) had known of the pre-contract for some time raised another practical crisis he could get his teeth into. He had faced danger and death many times in his relatively short life. Ironically, it put him in his comfort zone to deal with this problem like a good soldier rather than a savvy politician[2].

My contention is that since emotionally he was unable to solve the paradox between what he — in his heart of hearts — knew he must do and what he wanted to do about the pre contract he took it out on Hastings. This dilemma clouded his judgment and led him to make two huge mistakes. His first and most serious mistake was to underestimate the role of Margaret Beaufort with Morton in this and in other conspiracies. His second mistake was his failure to bring Hastings before a properly constituted law court for his treason. The outcome was that it allowed his opponents to circulate adverse rumours about him and to defame his posterity. Worst of all, it united disaffected Yorkists and ambitious Lancastrians against him. All this, however, lay in the future. For the moment, he had retained the trust of the council and the city fathers, who believed he was acting in Edward V’s best interest.   They were pleased that he had curbed Woodville power and removed the king from under their baleful influence.

“Look to see a troubled World”

We know from contemporary private sources that whilst there may have been an air of crisis over the weekend with armed gangs on the streets, Londoners in general (and I include the merchant middle class guilds and aldermen in this) and the councilors in particular did not see the threat as coming from the duke of Gloucester. Professor Hicks sums-up the situation nicely: “ Hastings’ death did not stir fears amongst the political leadership that Richard aimed for the throne, but, if anything served to reinforce fears of the queen and the Wydevilles (Woodvilles) and to strengthen trust in Richard.” Hicks also cites the enigmatic note of George Cely as evidence that Richard was not seen as the threat to the peace and stability of the realm: “There is great rumour in the realm. The Scots have done great [damage] in England. The Chancellor [Rotherham] is deprived and not content. The bishop of Ely is dead. If the king, God save his life, were to die; the duke of Gloucester were in any peril.   If my lord Prince, whom God protect, were troubled. If my lord of Northumberland were dead or greatly troubled. If my lord Howard were slain.” This is not only a good indication of the fear and rumour prevalent, but it also shows that Cely (a Lancastrian wool merchant) feared for the safety of Richard.[3] Notwithstanding Charles Ross’ assertion that the evidence of a Hastings/Woodville conspiracy rests entirely on Richard’s say so,[4] Michael Hicks and Annette Carson both provide evidence that people believed him at the time[5]. It is impossible to escape the conclusion that the accounts of Mancini, Crowland and the vernacular London Chronicles included ex post facto embellishments of these events, which were added for partisan reasons to blacken Gloucester’s reputation. They seriously exaggerated the backlash against him.

 

“You break not sanctuary be seizing him”

It is early Monday morning the 16 June 1483: grey and cheerless. An unseasonal chill wind is blowing from the east as the king’s councilors gathered at the Tower. They were understandably wary and nervous. The sudden execution of the Lord Chamberlain last Friday has caused consternation in the city. Notwithstanding the Lord Protector’s calming proclamation, treason is in the air; ordinary people had their swords and daggers to hand; armed men roamed the city streets. Everybody was edgy and suspicious. The tension was tangible. Once the council had assembled and the royal dukes were ready, the whole party moved to Westminster in boats, accompanied by ‘eight boatloads’ of soldiers. Thomas Bourchier the Archbishop of Canterbury together with Lord Howard and other councilors preceded to the Abbots house at Westminster escorted by the soldiers. The dukes of Gloucester and Buckingham with the remainder of the council adjourned to the Star Chamber at Westminster Palace to await events.

After an emotional exchange with the Archbishop, the queen allowed her youngest son to leave sanctuary. She is said to have done so graciously, ‘as far as words went’. Nevertheless, she and the remainder of her family remained in sanctuary. Following a brief reception at Westminster Palace, the young duke of York was escorted to be with his brother in the royal apartments at the Tower. The council then turned to the other main business of the day: the king’s coronation. The councilors were satisfied that the Lord Protectors actions on Friday were justified. The Woodville faction was still regarded as the biggest danger to the stability of the realm. Two important decisions were made. First, the coronation was postponed from the 22 June until the 9 November 1483. Second, the Parliament fixed for the 25 June was cancelled. The business of the day was done[6].

It is obvious that Gloucester had prepared for the removal of York from sanctuary. The eight ‘boatloads’ of troops did not magically appear. They were organised and tasked for their role beforehand. Similarly, the decision to pierce the sanctuary boil had to have been taken over the weekend. Things like that cannot be done extempore. It suggests some basic rethinking by Gloucester. The presence of the young prince was desirable at his brother’s coronation; it was unthinkable that king Edward should be crowned without him there. Indeed, that was the reason given to the queen by the Archbishop when requesting York’s release. The subsequent postponement of the coronation and the cancellation of Parliament were the inevitable consequences of the events of the previous week. In theory it gave more time for reconciliation between the Lord protector and council, and the queen. However, the reality was that reconciliation was almost impossible now. Though in practical terms, the cancellations gave Gloucester more time to resolve the pressing problem of the pre-contract.

If Gloucester decided to seize the crown the possession of both Princes was a pre-requisite. This may explain the ambiguous use of troops. It’s true that the soldiers could have been there simply to protect the royal family and the councilors from the armed gangs in London. It might have been just happenstance, but there is little doubt that the presence of troops was meant to put pressure on the queen to release her son. Mancini reports that Gloucester intended to use force if necessary, and the credulous Professor Charles Ross believes that Gloucester would have risked the ‘moral obloquy’ of forcing sanctuary’ if need be[7]. I’m not so sure he risked obloquy by forcing sanctuary. It would not have been his preference, but he had tried all reasonable means to persuade the queen to re-join the court and she was obdurate. He was a deeply religious man, almost puritan in his piety and it would have grieved him. However, he had the backing of the council, and I doubt if the Archbishop of Canterbury would have acted as his spokesman if he thought Gloucester was a threat to Edward V; neither could Gloucester compel him to do so.

I have been thinking about what has happened over this weekend 532 years ago. What does it mean for Richard duke of Gloucester? Did he do the right thing? And what should he do next? I suspect that those were also his thoughts half a millennium ago. From his perspective, the weekend was a success. The plan was good and its implementation almost flawless.   He crushed a dangerous conspiracy with ease; three of the conspirators are in custody and Hastings is dead. Reinforcements from the north are being organised and he now has custody of both of Edward’s sons. Nevertheless, I have the feeling this was the weekend when Richard won a battle but lost the war. Fatally, his ‘victory’ was nor decisive. His most dangerous and inveterate enemies escaped, and those he did capture were allowed to continue their treasonous plotting unhindered. Even that peerless Ricardian Sir George Buck criticizes Richard for not executing John Morton and keeping Margaret Beaufort incommunicado under lock and key.

Anthony Woodville Lord Rivers, Sir Richard Grey and Sir Thomas Vaughan were executed on the 25 June 1483. Sir Richard Ratcliffe supervised their execution under the auspices of the earl of Northumberland and Ralph Neville. Both Mancini and Crowland say that they were executed without trial or justice. However, the presence of Northumberland suggests that there may have been some form of judicial process. Mancini says that Richard gave the order for this execution on his own authority and in defiance of the council’s earlier decision not to charge Rivers et al with treason. However, Gloucester had no reason to flaunt the council, nor was he likely to do so as he was dependent on their support.  He ordered their execution in his capacity as the Lord Protector and Defensor of the realm, with specific responsibility for defending England against external enemies and internal traitors. I have little doubt myself that Rivers, Grey and Vaughan fall into the category of traitors.

Be that as it may, more important to me in this essay, is what this tells us about Gloucester decision to claim the throne by right of strict inheritance. For the executions to take place on the 25 June, they had to have been ordered by the 16 or 17 June 1483 at the latest. Hicks infers that Sir Richard Ratcliffe carried the death warrants north on the 11 June 1483 with Gloucester’s urgent plea for help: but he is mistaken[8]. Crowland writes explicitly that Sir Richard Ratcliffe with the northern lords and their troops were moving south when they interrupted their journey at Pontefract to execute these prisoners[9]. Indeed, they bought Rivers and Grey with them from where they were incarcerated to the place of execution. This indicates to me that they knew the duke’s need for troops was no longer so urgent since he had already foiled the Woodville conspiracy. It is also clear that at the same time they received instructions to execute the Woodville traitors. The inference that I draw from this is that duke Richard sent another message north; one, which, by its secret nature, we may never know about. This contained not only the details of the arrest and execution of Hastings but also the warrants for the execution of Rivers Grey and Vaughan and it must have been sent after the 13 June and before the 17 June 1483. That is when I believe Gloucester decided to assume the crown in place of his nephew. He could not have contemplated executing Rivers and Grey unless he intended to become king of England.

[1] I have not forgotten Edward of Warwick, Clarence’s infant son. It is simply that he was never a serious contender for the throne. First he was the son of an attainted traitor and second, he had no support amongst the English nobility for the reversal of the attainder or for his succession.

[2] As the youngest son of a duke, Richard was not expected to succeed to the throne. Consequently, his upbringing, training and experience had done very little to prepare him for this situation.   Throughout his adult life he had served his brother faithfully and well in a subordinate capacity. His training and aptitude for soldiering, and his military experience, combined with his successful tenure as ‘Lord of the North’, demonstrated that duke Richard was a capable governor and certainly not a soft touch. However, his voluntary absence from Edward’s decadent court meant that he was unused to the intensity and causticity of Beaufort and Woodville intriguing when he had to deal with it. A shrewder politician might have seen the danger of the Beaufort/Tudor/Morton axis earlier, and dealt with it.

[3] Michael Hicks – Richard III (Tempus 2000 revised edition) at pages 114-116. Hicks’ analysis of the contemporary opinion of Richard during May and June 1483 supports the view that his action in curbing the Woodvilles was popular and the execution of Hastings was justified. In fact, Hicks makes a point of rejecting Mancini’s account as hindsight, along with other chronicle accounts. He observes, “The events that follow are a better guide.”

[4] Charles Ross- Richard III (Yale 1999) at page 81

[5] See Hicks, ibid. See also Annette Carson – Richard III: the maligned king (The History Press 2013 revised edition) at pages 102-104. Carson is a particularly useful reference since the author has helpfully collated the relevant sources for this episode in one place. It obviates the need for me to go into any more detail.

[6] I have followed the following sources in reconstructing this event. AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III [Oxford, 1969]) at pages 89 and 124, note 74. See also Nicholas Pronay and John Cox (editors) – The Crowland Chronicle continuations 1459-1486 (Richard III and Yorkist History Trust 1986) at page 159; and also Richard J Sylvester – The complete Works of St Thomas More, Volume 2: the History of King Richard III (Yale 1963) at pages 45-49 and note 46/7-47/1 page 216.

[7] Ross, page 87.

[8] Hicks, at pages 132-133; Hicks makes the point that Northumberland and Neville were hardly likely to comply with Gloucester’s instructions unless they were assured of immunity from any recriminations. His inference that they knew of Gloucester’s intended usurpation before they set out from the north is inescapable. However, and not for the first time, professor Hicks has failed to explore other possibilities. Instead, he confines himself to an inference that fits his pre-conceived conclusion that Gloucester was deceiving the council and manipulating public opinion. It is a conclusion based on the premise that usurpation was always his intention. A premise, which is not supported by the evidence of what actually happened between April and June 1483.

[9] Crowland at page 161

The Tragedy of King Richard 111 (not by William Shakespeare)

Part 5 – …” these dukes showed their intention, not in private but openly…”

 “Catesby hath sounded Hastings in our business

And finds the testy gentleman so hot

That he will lose his head ere give consent

His master’s child, as worshipfully he terms it,              

Shall lose the royalty of England’s throne’

(William Shakespeare)

 

“A black day will it be to somebody”

It is 9 o’clock on Friday the 13th June 1483. William Lord Hastings, the Lord Chamberlain enters the council chamber at the Tower for a meeting with the Lord Protector. Already there and seated are the duke of Buckingham, Lord Stanley, the earl of Derby, Thomas Rotherham the Archbishop of York, John Morton the Bishop of Ely and others. Hastings doesn’t notice three men standing ominously in the shadow: the Rat, the Cat and Lovell the dog. Hastings sits down at the head of the table. Nobody speaks to him.

The clock ticks and still Richard has not arrived, it is now past the time appointed for the meeting. The silence is becoming oppressive and the tension palpable. Hastings plays anxiously with his chain of office. He is right to be nervous; last night he had a visit from Lord Stanley’s man. Stanley had dreamt ‘the boar razed off his helm’. Was it a sign they were discovered? Hastings’ palms are sweating and his mouth is dry. Gloucester’s personality dominates the chamber despite his absence. The silence is now thunderous, the tension physical.

Hastings shuffles nervously in his chair, coughs and speaks hesitantly: “Now noble peers, the cause why we are met is to determine of the coronation. In God’s name speak. When is the royal day?” Buckingham suggests that the Lord Chamberlain probably knows the Lord Protector better than anyone present; what does he think Gloucester would say? Hastings demurs: “…I know he loves me well, but for his purpose in the coronation I have not sounded him, nor he delivered his gracious pleasure in any way therein. But others may name the day and in the Duke’s behalf I’ll give my voice, which I presume he will take in good part”. Suddenly the door flies open. Gloucester, dressed in black, hunched and intimidating stands framed in the doorway. He fixes Lord Hastings with a demonic stare and steps purposefully into the chamber, grinning malevolently. He is dangerously cheerful: “ My noble lords and cousins all, good morrow, I have been long a sleeper…” After asking Morton to fetch some strawberries from his garden, Richard takes Buckingham outside for a private conference. Hastings, Stanley and Rotherham remain seated. They look at each other nervously, their fear unspoken. As Ratcliffe and Lovell step out from the shadows to stand threateningly behind Hastings, Stanley and Rotherham shuffle along to the other end of the table. The returning Morton sits with them. Their faces drawn and pale, they are all dreading what is to come and wishing themselves anywhere but in this chamber at this time.

On his return, Richard’s mood has changed. He asks pointedly “Pray you all tell me, what they deserve that do conspire my death with devilish plots?” Hastings gulps and fidgets in his chair. Richard is looking straight at him. He stammers “The tender love I bear your grace makes me most forward to doom the offenders. I say they have deserved death”. Richard moves forward, his hot breath on Hastings’ face: he roars: “ Then let your eyes be the witness of the evil. See how I am bewitched! Mine arm is like a blasted sapling all withered up…” Hastings can barely control his panic now; he stutters, “If they have done this deed — If! Talks thou to me of ifs! Though art a traitor! Off with his head, now by Saint Paul I will not dine till I see it done.” And that according to William Shakespeare (and Laurence Olivier) was how Lord Hastings met his end.

Thanks to Olivier’s definitive performance as Richard in his 1955 film, the sheer drama of this scene has overshadowed any doubts I may have had as to its accuracy. From the perspective of dramatic art, I doubt if it can easily be bettered. But is it historically correct?   Shakespeare got this version of events from Thomas More, who got it from John Morton, who was an eyewitness[1]. Yet, as we all know, John Morton was Richard duke of Gloucester’s mortal enemy: an inveterate dissembler and traducer of his posthumous reputation. Can we trust his account?   The answer to that question is an unequivocal ‘probably’.   Although there are differences between the various accounts, they generally confirm the gist of the Morton/More/Shakespeare version. That said, More’s history contains obvious falsehoods. For example, we now know from the recent medical opinion of Richard III’s scoliosis that there was no withered arm or claw hand. Also, Mancini is wrong to say that Hastings was killed in the scuffle and there is disagreement about whether Stanley was wounded, and whether Gloucester’s accused the queen of witchcraft. But generally, it seems to have gone pretty much as described in the sources. The Protector revealed his knowledge of the plot, the conspirators’ response was heated, the word treason was used, swords were drawn, the room was flooded with the Protector’s men, there was a scuffle and the plotters were swiftly overwhelmed. It was over in a trice. Stanley et al were taken into custody; Hastings was rushed outside to meet his maker.   The conspiracy was crushed[2].

However, the cries of ‘treason’ roused the city. There was consternation amongst the citizens. The tension was racking-up. Shortly, a herald appeared with a proclamation and the citizens listened in stunned silence to the Protector’s communiqué. It seemed to everybody that the Yorkist regime was imploding. So much for the deed: what about the consequences? To answer that question, we have to go back in the chronology to Wednesday 11 June 1483.

 

“ My friends are in the north…”

It was on the 11 June 1483 that Richard duke of Gloucester wrote to Ralph Neville of Raby. “My Lord Neville, I recommend you to me as heartily as I can; and as you love me and your own weal and security and this realm, that you come to me with that ye may make, defensibly arrayed, in all haste that is possible and that you give credence to Sir Richard Ratcliffe, this bearer that I now send to you, instructed with all my mind and intent”. The tone of this letter is so completely different from the duke’s earlier letter to the citizens of York that it suggests something else has happened since the 10 June to persuade him to move quickly. That and the fact that the letter was sent north immediately, suggests that the ‘something ‘ was of supreme importance and urgency.   In his earlier letter, Gloucester requested the Mayor and citizens of York to send troops with due diligence. Whereas, he asked Neville, to come as soon as possible with whatever troops he can muster. Is he panicking? I think not. Everything we know about Richard duke of Gloucester suggests that he is good at handling this type of situation. We will never know what knowledge of Gloucester’s private ‘mind and intent’ Sir Richard Ratcliffe carried north, but I think he is probably relaying verbal messages to the duke’s northern adherents with the real reason for his urgent request. The duke had just discovered that Hastings was involved with the Woodville’s in the plot to kill him. The revelation of the pre-contract had forced them to bring forward their plan to murder the Lord Protector and the duke of Buckingham, and to crown Edward V[3]. It seems that Hastings had known of the pre-contract for some time but had neglected to tell the Lord Protector. It was the most unforgivable example of a breach of trust that Richard duke of Gloucester could imagine

Whilst the knowledge of Hastings treachery had infuriated Gloucester, it also alarmed him. Hastings was a seasoned soldier. He was Captain of Calais; he had fought in Edward’s battles for the throne. He was a man of power and influence with a posse of armed retainers in London. And he was ferociously loyal to the dead king. Unlike the Woodville dilettantes at Stony Stratford, Hastings posed the most serious threat yet to Gloucester’s life.   He knew he must act quickly and decisively if he was to survive. The arrangement of two meetings fixed for the 13 June suited his purpose precisely. It separated the conspirators from the remainder of the Council. Bishop Russell would chair one meeting at Westminster with the non-aligned council members, who could discuss routine arrangements for the coronation. Richard, Buckingham and the conspirators would attend the other meeting in the Tower; ostensibly, they were going to give the formal go-ahead for the coronation. The reasons for holding this meeting at the Tower are self-evident. The Protector would face the conspirators on ground of his own choosing, in a place where the presence of his armed men would not be taken amiss and where he was secure from interference. He knew who the conspirators were, he knew about the pre-contract and —decisively— he knew what they knew. They were at a disadvantage because they only had part of the story: they had no idea what he knew or what he was planning.

If we look at this from Hastings’ point of view he believed that the conspiracy was going well and that time was still on his side. He knew of  the pre-contract before anybody else and he is anxious to keep that under wraps. Hastings’ interest is in the preservation of the status quo ante, which means ensuring that Edward V is crowned on the 22 June 1483. His alliance with the Woodville’s is one of convenience but he is confident he can thrive once he has disposed of Gloucester and Buckingham. However, Stillington’s revelation of the pre-contract was a setback. Gloucester was always going to be an obstacle to his plans. But now that he knew of the pre-contract, his uncompromising nature meant that he was unlikely to turn a blind eye to Edward IV’s bigamy[4].  It didn’t need a genius to see the threat to Edward V’s coronation. To ensure that the coronation did take place, Hastings was prepared to do anything; even to murder the man he had campaigned with and who shared his devotion to Edward IV.  Neither do I think Hastings motives were entirely driven by loyalty. Like other over-mighty subjects he was acquisitive; a grateful Edward V was his best chance of retaining and even enlarging the gifts, privileges, offices and the influence he had enjoyed during Edward IV’s reign.   It was an outcome not to be sniffed at and one he was unlikely to achieve should the morally conservative and pious duke of Gloucester extend his Protectorship after the coronation[5].

For the duke of Gloucester the execution of Hastings and the arrest of Stanley, Rotherham and Morton was a Rubicon. From his perspective the day was a success. He has crushed a dangerous conspiracy with ease. Of course, he doesn’t have the benefit of knowing what the future holds, as we do, and his mistakes are not yet apparent to him. Furthermore, he still has to grapple with the pre-contract problem and especially it’s bearing on the succession. He has yet to consider whether to depose his nephew, exclude Edward’s children from the succession and take the crown himself. He is not sure what to do. His inclination, as always, is ‘to do the right thing’ but what is the right thing? Is it doing right by Edward’s children, or doing right by the realm?

[1] Richard J Sylvester – The complete Works of St Thomas More, Volume 2: the History of King Richard III (Yale 1963) at page Ixvi. Morton was not More’s only source but he was an important one. There is much in the ‘History of King Richard III’ that is not taken from eyewitness testimony and is not from Morton. For instance, he was not present at Stony Stratford or during the disappearance of the Princes. However, More’s version of the events on the 13 June 1483 does have the ingredients of an eyewitness account: its obvious errors and embellishments notwithstanding.

[2] The main primary and Tudor sources support the gist of More’s version despite their differences of detail. See Mancini at pages 89-91 (AJ Armstrong (ed) – Dominic Mancini: the Usurpation of King Richard III [Oxford, 1969]). See also the Great Chronicle at page 231 (AH Thomas et al [Eds] – The Great Chronicle of London [London 1938]) and the London Chronicle at page 190 (C L Kingsford – Chronicles of London [Oxford 1905]). The remaining primary sources need not trouble as they add little or nothing to the above. The only other worthwhile source is Vergil at page 180 (Sir Henry Ellis (ed) – Three books of Polydore Vergil’s English History; comprising the reigns of Henry VI, Edward IV and Richard III [The Camden Society 1844]). Vergil is the only source to suggest that Gloucester attributed his ‘blasted sapling’ to the queen’s witchcraft. It is worth pointing out however, that their credibility as accurate recorders of events is challenged by their collective failure to get the chronology right (Thomas More also got it wrong). They all Place the duke of York’s release from sanctuary before the council meeting on the 13 June 1483, whereas it actually happened on the Monday after Hasting’s execution. Thankfully, we have Simon Stallworths letter of the 21 June 1483 (See Peter A Hancock- Richard III and the murder in the Tower – [The History Press 2011] at Appendix 1, pages 158-59) and an entry in the duke of Norfolk’s household accounts to fix the correct dating sequence.

[3] Two possible reasons have been offered for Hastings’ involvement in this murder: one noble, the other ignoble. The noble reason is that owing to his loyalty to Edward IV, he would not countenance the deposition of Edward V. The ignoble reason was that he saw the coronation of Edward V as his best chance of continuing the licentious lifestyle of Edward IV’s courtiers, and preserve the privileges, grants and power he had enjoyed during the dead king’s reign.   It matters not for my purpose what Hastings reasons were. High treason is an absolute offence: if it is proved, there is only one outcome. For Gloucester’ enemies (then and later) the summary execution of Hastings is definitive proof of his intention to usurp the throne and that would stop at nothing to achieve his aim. The protector’s actions are also problematic for Ricardians. Even the staunch old Ricardian Sir George Buck is unable to exonerate him for that action, though he offers reasons of state (artes imperii) as mitigation.

[4] See Prof Mark Lansdale and Dr Julian Boons psychological profile of Richard III (The Ricardian Bulletin March 2013) at pages 46-56.

[5] Due to the absence of hard evidence, Ricardian history is a fruitful subject for personal speculation. I do not apologize for theorizing. What I offer is an explanation of events on the 13 June 1483 ; though I appreciate it may not be the explanation.

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