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Elizabeth Wydeville…Serial Killer?

UPDATED VERSION AT sparkypus.com A Medieval Potpourri https://sparkypus.com/2020/06/08/elizabeth-wydeville-serial-killer/

IMG_6008.JPGElizabeth Wydeville The Royal Window Canterbury Cathedral.

Yes,  this is a serious question.  After reading several of the late John Ashdown-Hill’s books, particularly his last one, Elizabeth Widville Lady Grey, I think it’s time to give it some serious thought.  Although prima facie it may appear absurd, after all we are talking about a real actual Queen, not a monster from a Grimms’ fairy story, I think it may be worthwhile to give some actual consideration to this question and its  plausibility.

 

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Edward IV, the Royal Window Canterbury Cathedral.  Did a careless remark made to his wife unwittingly bring about the death of Desmond?

Lets take a look at the first death that Elizabeth has been associated with – that of Thomas Fitzgerald Earl of Desmond.  The first port of call for anyone interested in this would be the excellent in-depth  article co-written by Annette Carson and the late historian John Ashdown-Hill both of whom were heavily involved with the discovery of King Richard IIIs remains in Leicester.  Here is the article.

Their assessment goes very deep but to give a brief summary – Desmond was executed on the 15th February 1468 by his successor John Tiptoft, Earl of Worcester, a man known for his cruel, sadistic nature and dubbed The Butcher of England by his contemporaries.   The execution was immediately followed by  armed rebellion, the Earl’s elder sons ‘raised their standards and drew their swords to avenge their father’s murder ‘ swiftly followed by  King Edward, both alarmed and displeased in equal measures,  promising  that if the Desmonds laid their arms down they would be pardoned. Edward also assured them that he had neither ordered the execution or had any knowledge of it whatsoever. This begs the question if it was not Edward,  who gave Tiptoft the go ahead to execute Desmond  – as well as it is said his two small sons? This was swiftly followed by extremely  generous grants to James, Desmond’s oldest son,  despite the Act of Attainder against his father.  Included in these grants was ‘the palatinate of Kerry, together with the town and castle of Dungarvan.  This grant may be thought to signify that in Edward’s view an injustice had been done’. This was as well as an ‘extraordinary priviledge’ – that of the Desmonds being free to choose not to appear in person before Edward’s deputy or the council in Ireland but to be able to send a representative instead. Clearly Edward had grasped that the Desmonds were, understandably, extremely wary of putting themselves in the hands of the Anglo Irish authorities.

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Richard Duke of York.  His wise and just reputation in Ireland survived long after his death.  

Various explanations  have been given as to why Tiptoft had Desmond executed.  It was given out that he had been guilty of ‘horrible treasons and felonies as well as alliance, fosterage and alterage with enemies of the king, as in giving them harness and armour and supporting them against the faithful subjects of the king’ as well as the ludicrous charge of plotting to make himself King of Ireland,

Upon Tiptoft’s arrival in Ireland in  September 1467 he had initially co-operated with Desmond and other Irish lords.  This was unsurprising as Edward IV was on extremely friendly terms with the Irish lords.    This friendship carried over from his father, Richard Duke of Yorks time in Ireland where he had been held in high regard and in fact Desmond’s father, James, had been George Duke of Clarence’s godfather.   However on the opening of Parliament on the 4th February a bill was immediately brought forward  attainting Desmond and others including his brother in law, the Earl of Kildare. Desmond was removed from the Dominican friary at Drogheda on the 14th February and swiftly executed. The others managed somehow to avoid arrest and execution until Edward, finding out what had occurred, pardoned them. This also adds to the strength of the theory that the execution had been carried out without Edward’s knowledge. This might be a good place to mention that Desmond had indeed been in England around the time of Edward’s ‘marriage’ to Elizabeth  and when much chatter was going on regarding her unsuitability as a royal bride.  There is a surviving 16th century account of Edward while  having an amicable chat with Desmond, asked him what his thoughts were regarding Edward’s choice of bride.  It is said that Desmond at first wisely held back but pushed by Edward did admit that it was thought widely that the King had made a misalliance.  This was relayed, foolishly by Edward to his new bride, perhaps  oblivious in those early days of  her capabilities. A spiteful, vindictive Elizabeth had stolen the seal from her husband’s purse as he slept and had written to Tiptoft instructing him to get rid of Desmond.  This begs the question of whether Tiptoft himself may have been unaware that the order did not emanate directly from the King.  The rest is history and a dark and terrible day at Drogheda.

Moving forward some 16 years later in 1483 we have an extant letter from Richard to his councillor the Bishop of Annaghdown in which he instructs the said Bishop to go to Desmond’s son, James,  and among other things to demonstrate  (shewe) to him that the person responsible for the murder of his father was the same person responsible for the murder of George Duke of Clarence (1).     As Carson and Ashdown-Hill point out, this is a ‘ highly significant analogy’ because, in 1483, Mancini  had written that contemporary opinion was that the person responsible for Clarence’s death was no other than Elizabeth Wydville.  Elizabeth, no doubt having discovered that her marriage to Edward was a bigamous one –  he already having a wife – namely Eleanor Butler nee Talbot – at the time of his ‘marriage’ to her,  had ‘concluded that her offspring by the king would never come to the throne, unless Clarence was removed and this she easily persuaded the king’ (1). It is highly likely that Clarence, who perhaps was of a hotheaded nature, had also become aware that Edward and Elizabeth’s marriage was null and void having been informed of this fact by Bishop Stillington.  Stillington was imprisoned and Clarence  met the same fate as Desmond – an execution regularly described by historians, of all views, as judicial murder.

IMG_2534.JPGGeorge Duke of Clarence from the Rous Roll. George was only 28 years old when he was executed in what has been described by some historians as a ‘judicial murder’

It should be remembered that shortly before his arrest Clarence had been widowed. Clarence had insisted that his wife, Isobel Neville, had been murdered – poisoned he said.  One of the acts he was accused of at his trial was of trying to remove his small son, Edward, out of England and to safety abroad. He obviously genuinely believed that Isobel had indeed been murdered, why else did he attempt to get his son out of harms way? This story has been told in many places including  Ashdown-Hill’s books, The Third Plantagenet as well as his bio of Elizabeth.  If Isobel was indeed murdered the truth has been lost with time but it can safely be said that Clarence was a victim to Elizabeth’s malice although of course Edward has to take equal blame for that. Hicks, and Thomas Penn, are among the historians who  have described Clarences’ execution as ‘judicial murder’.  Hicks in his bio on George,  states that the trial  held before a Parliament heavily packed out with Wydeville supporters was fixed. George stood not a chance and was led back to the Tower to await his fate.  He did not have to wait too long.  Penn writes ‘…his brothers life in his hands, Edward pondered the enormity of his next, irrevocable command. A week or so later, with Parliament still in session, Speaker Allington and a group of MPs walked over to the House of Lords and, with, all decorum, requested that they ask the king to get on with it‘.  Insisting that the king order his own brother’s liquidation was hardly something that Allington would have done on his own initiative. The source of the nudge could be guessed at (2).  As Penn points out Speaker Allington’s  ‘effusions about Queen Elizabeth and the little Prince of Wales were a matter of parliamentary record; the queen had awarded him handsomely appointing him one of the prince’s chancellors and chancellor of the boy’s administration’.  Thus George Duke of Clarence was toast and it appears the second victim to the malignity of the Wydeville queen. Later it was written by Virgil that Edward bitterly regretted his brother’s ‘murder’..for thus it is described by Penn… and would often whinge when asked for a favour by someone that no-one had requested a reprieve for George (not even the brothers’ mother??? Really Edward!).

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Elizabeth Wydville, The Luton Guildbook.  Cicely Neville, her mother in law is depicted behind her. Cicely’s feelings on one of her son’s bringing about the death of another son are unrecorded.

Another damning point against Elizabeth is that Richard III in the communication mentioned above, granted permission to  James, Desmond’s son to ‘pursue by means of law those whom he held responsible for his father’s death’.   Both Edward and Tiptoft were dead at this time but Elizabeth was still alive and demoted from Queen to a commoner. As it transpired James did not pursue the matter at that time and a year later it was all too late – Richard was dead and Elizabeth had been reinstated as Queen Dowager.  Further evidence regarding Elizabeth’s guilt came to light 60 years later in the 16th century in the form of a memorandum addressed by James 13th Earl of Desmond, Desmond’s grandson, to the privy council.  In an attempt to get property that had been removed from one of his ancestors returned to him James referred to the great privilege that was awarded to his earlier Desmond relatives, that of not having to appear before Anglo Irish authorities that had been granted by Edward IV because ‘the 7th Earl of Desmond had been executed because of the spite and envy of Elizabeth Wydeville”.   This memorandum also contained the earliest written account of the conversation between Edward IV and Desmond regarding Elizabeth’s suitablity as a royal consort,  the repeating of which to Elizabeth had resulted in Desmond’s murder.

It’s now not looking good for Elizabeth at this stage. There are other names, other deaths,  that begin now to  look rather suspicious. After all if Elizabeth could be involved with two deaths could there have been more?

The next deaths that need consideration are those of Eleanor Butler and her brother in law, the Mowbray Duke of Norfolk.  According to Ashdown-Hill who has researched Eleanor in depth, her death occurred while her family and protectors, particularly her sister Elizabeth Duchess of Norfolk, with whom she appears to have been close, were out of the country attending the marriage celebrations of Margaret of York to Charles the Bold, Duke of Burgundy. This marriage had been ‘pushed forward’  by Elizabeth Wydeville (3). Of course her death may have been the result of natural causes although it’s not hard to imagine Edward and Elizabeth breathing massive sighs of relief. However karma is a bitch, as they say, and the spectre of Eleanor would later arise with tragic results and the complete fall of the House of York.

Whether Eleanor died of unnatural causes of course can now never be ascertained.   Ashdown-Hill compares her death to that of Isobel Neville in that after they first become ill it was two weeks before they died (4).  Certainly it was unexpected and must have caused shock and grief to her sister on her arrival back in England – presumably the Duchess may not have left England and her sister if she had been seriously ill and close to death.  In actual fact Eleanor died on the 30th June 1468 while Elizabeth Talbot only begun her trip back to England from Flanders on the 13th July.  Coupled with this, two of the Norfolk household were executed around this time through treasonous activity but nevertheless this must have caused disconcertment and fear to the Duke and Duchess following on so soon from Eleanor’s death. Very sadly, the Duke himself was to die suddenly and totally unexpectedly. The Duchess of Norfolk, now bereft of her husband and sister, found herself forced to agree to the marriage of her very young daughter, the Lady Anne Mowbray, to Elizabeth Wydeville’s youngest son, Richard of Shrewsbury.  This was much to her detriment being forced to accept a diminished dower in order to supplement the revenue of her young son in law.  She thereafter lived out her days in a ‘great’ house in the precincts of the Abbey of the Minoresses of St Clare without Aldgate, poorer but surrounded by loyal and loving friends most of whom had also suffered at the hands of Edward IV and the Wydevilles (5).

In summary, I’m confident that Elizabeth was deeply implicated in  the executions of Desmond, an entirely innocent man, and Clarence whom she feared because he knew or suspected the truth of her bigamous marriage.   Could there have been others? The hapless Eleanor Talbot perhaps?  Of course she was not a murderess in the sense that she actually and physically killed anyone but she did indeed ‘load the guns and let others fire the bullets’ as they say. There is little doubt that Richard Duke of Gloucester came close to being assassinated on his journey  to London and close to the stronghold of the Wydevilles at Grafton Regis, in 1483. This was down to the machinations of the Wydevilles including of course the fragrant Elizabeth who by the time he arrived in London had scarpered across the road from Westminster Palace, loaded down with royal treasure, and taken sanctuary in Westminster Abbey, a sure indication of her guilt in that plot. Richard, in his well known letter, had to send to York for reinforcements “we heartily pray you to come to us in London in all the diligence you possibly can, with as many as you can make defensibly arrayed, there to aid and assist us against the queen, her bloody adherents and affinity, who have intended and do daily intend, to murder and utterly destroy us and our cousin the Duke of Buckingham, and the old blood royal of this realm” (6).

After that dreadful day at Bosworth in August 1485, and a bit of a tedious wait, Elizabeth now found herself exulted once again this time as mother to the new Queen. She would, one have thought, reached the stage where she could at last rest on her now rather blood soaked laurels. Wrong! She was soon  found to be involved in  the Lambert Simnel plot,  which no doubt if successful would have resulted in the death of her daughter’s husband. Whether her daughter, Elizabeth of York, would have approved of this is a moot point and something we shall never know although surely she would hardly have welcomed being turfed off the throne and her children disinherited and my guess is that relationship between Elizabeth Snr and Jnr became rather frosty after that. Henry Tudor, who was many things but not a fool took the sensible  decision to have his mother in law ‘retired’ to Bermondsey Abbey, no doubt to protect her from herself but more importantly to protect himself from Elizabeth and her penchant for plots that mostly ended up with someone dead. And there at Bermondsey, a place known for disgraced queens to be sent to languish and die, she lived out her days no doubt closely watched, Karma having finally caught up with her.

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Terracotta bust of Henry VII. Elizabeth’s son-in-law.  Henry prudently had Elizabeth ‘retired’ to Bermondsey Abbey. 

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John Tiptoft Earl of Worcester.  Effigy on his tomb.  Tiptoft’s propensity for cruelty did not deter Edward from appointing him Lord Deputy of Ireland in 1467 nor did it dissuade Elizabeth to involve him in her plotting to bring about the death of Desmond.  

(1) Harleian Manuscript 433 Vol 2 pp108.9

(2) The Usurpation of Richard III Dominic Mancini. Ed. C A J  Armstrong.

(3 ) The Brothers York Thomas Penn p405

(4) Elizabeth Widville Lady Grey p87 John Ashdown Hill

(5) Ibid  p124 John Ashdown Hill.

(6) The Ladies of the Minories W E Hampton.  Article in The Ricardian 1978

(7) York Civic Records Vol.1.pp 73-4.  Richard of Gloucester letter to the city of York 10 June 1483.

 

 

 

 

Lambert Simnel and Edward V

I’m beginning to convince myself that the Lambert Simnel Affair might have been an uprising in favour of Edward V, not Edward, Earl of Warwick….

https://mattlewisauthor.wordpress.com/2018/07/24/lambert-simnel-and-edward-v/

 

Miles Metcalf, or how the city of York defied Henry VII…

Medieval York

In a book called The Fifteenth Century – 3: Authority and Subversion, edited by Linda Clark, there is an interesting essay by James Lee entitled Urban Recorders and the Crown in Late Medieval England. I have taken from the article to illustrate the situation of the city of York with regard to the vital position of recorder. Specifically, an incumbent by the name of Miles Metcalf (of whom, regretfully, I have been unable to find a portrait).

York Minster

The rise of the recorder (a large number of whom were professional lawyers) came about because of provincial towns’ need to ensure their lines of communication with the central authorities were both adequate and secure. This was in order to push for their own demands and to respond to those of central government. Such matters were especially important at times of a change in dynasty, when recorders were, essentially, go-betweens or intermediaries between urban and central government. They were also sources of news. For instance, after the Battle of Stoke in 1487, the York council received notification of Henry VII’s victory from ‘the mouthe of a servaunt of master recorder coming strught from the said field’.

medieval messenger

Some recorders found themselves with unenviable tasks, such as the one in York in 1471 who had to meet Edward IV at the gates of the city to tell him he was not welcome. After the Battle of Tewkesbury a few months later, Edward was, of course, very welcome.

EIV landing Ravenspur - 1471

The recorders’ offices provided consistent and detailed corporation records, especially from the towns of Coventry, York and Norwich, and to a lesser extent from Exeter and Bristol. Recorders had considerable social status, not only in urban politics, but often on the national scene as well, and the rise of their individual careers took many of them to high places. Perhaps the most famous example is Thomas Cromwell, who was recorder at Bristol from 1553-40. Some became attorney-generals and privy councillors, so for a privileged few, becoming a recorder was most certainly a useful rung on a lofty ladder.

Richard III - my composite

York enjoyed special relations with Richard III, who for many years, as Duke of Gloucester, lived in Yorkshire, where he was held in very high regard. The city of York was embroiled in an attempt to reduce its fee-farm (details of the dispute are to be found in L.C. Attreed, York’s Fee Farm and the Central Government). Richard III promised a reduction, but the civic authorities struggled through two more reigns before the matter was settled. Throughout this time, York’s recorders and representatives were involved in the very heart of government.

Good king Richard

The York recorder from 1477-86 was Miles Metcalf, who loaned Richard III £20 on one of the latter’s visits to the city, an act that is thought indicative of his particularly close relations with the king. The man’s later resistance to Tudor rule revealed him to be remained staunch for Richard. Metcalf’s career as recorder is of particular interest. His predecessor, Guy Fairfax, had let it be known that he intended to quit in 1477, and Richard III (Duke of Gloucester at the time) wanted Metcalf to take his place. There was no objection, and on 1st September 1477, Metcalf was ‘unanimously chosen in his [Fairfax’s] place’. Richard, Duke of Gloucester was popular and known to be a fair lord, so presumably this was why his wishes were accepted. And presumably Metcalf was the best man for the job.

Barley Hall, York

Then came 1485, Bosworth, and the usurper Henry VII’s attempts to be rid of Metcalf by nominating a man of his own, Richard Green, who was a counsellor of the Earl of Northumberland. Henry wished Green to be in office “‘unto such tyme as it shall pleas the kings highnesse to call Miles Metcalfe, late occupying the said office unto his grace and favour’.

In the Days of Our Forefathers: Britain Becomes a Maritime Power

Metcalf family loyalty could not be reconciled with the Tudor regime and Henry was particularly scathing in his condemnation, proclaiming that he ‘hath done moch ayenst us which dishableth hyme to exercise things of auctoritie concernyng an hool commonaltie, which by his sedicious means might…and falle to diverse inconvenients’. A proclamation of 24th September 1485 excluded Metcalf and his brother Thomas from a general pardon, although both did receive pardons on 29th November following. Thomas was saved from execution by producing his pardon from the king.”

pardoned

[Henry’s man, Green] “was duly appointed by the city authorities but only on a temporary basis, until Metcalf was restored to favour. However, Green, Northumberland and Henry seem to have assumed that his office was now secured permanently. The city’s authorities procrastinated in clarifying the issue, buying time for the return of senior members of their council and also for the chance to discuss the matter with the Archbishop of York.

“When they reached their decision, it was a rebuff for Henry. The corporation promised to consider the king’s will in the matter and, as a gesture of reconciliation, elected Green as a counsellor. This, they claimed, would give them an opportunity to assess Green’s ‘demeanaunce and lernyng’ until Metcalf died and the vacancy arose.

“After the death of Metcalf on 19th February 1486, both Northumberland and Henry again made their nominations for the vacant position clear. In early March the earl again proposed Green, and the York council again delayed their decision. Even Northumberland’s wife became embroiled in the negotiations, calling before her members of the York hierarchy and urging them to leave the matter of the recorder in abeyance until she came unto York or wrote to the contrary. [She died 27th July 1485, so did not go anywhere. In fact, I do not see how she could have become involved after Metcalf’s death. If at all, it had to be before. Unless her date of death is incorrect.]

4th Northumberland

“By the end of the month the king had put forward the name of Thomas Middleton for the recordership. Perhaps this left the York authorities in an even more delicate position than before, as it would surely have been wholly inappropriate for them to favour one patron’s choice over another’s. This might explain the decision of the York council eventually to appoint John Vavasour, a relatively small political figure. Taken as a whole, such consistent royal interest in the position of recorder reminds us of the importance of the role in communications between the crown and the towns.

“[That this episode] occurred early in Henry VII’s reign may also be instructive with regard to Henry’s rather precarious position as a usurper with little in the way of local support. Henry was clearly very keen to impose his authority in a number of major towns, and regarded the appointment of recorders as an opportune means of achieving this.”

henry-Pietro-Torrigiano-bust

The struggles between York authorities and the crown continued, with the city making plain its determination to act independently, but I will end with Metcalf’s demise.

As Bacon’s oft-quoted assessment of Henry VII goes: ‘…as he governed his subjects by his laws, so he governed his laws by his lawyers’. Tudor oppression increased relentlessly. The entire realm must have regretted the loss of Richard III. York citizens certainly did, because in 1489, in protest against Henry VII’s punitive taxes, they murdered the Earl of Northumberland, who had failed Richard III at Bosworth and become a Tudor toady.

 

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

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