INTRODUCTION (continued 2)

Cade’s Rebellion.

Hence arose Jack Cade’s rebellion, a movement which we must not permit ourselves to look upon as a vulgar outbreak of the rabble. Whole districts of Kent, Surrey, and Sussex rose in arms, clamouring for redress of grievances; and it is certain that the insurgents met with a large amount of sympathy, even from those who did not actually take part with them.69.1 As their leader, they selected a man who called himself Mortimer, and who, besides some experience in war, was evidently possessed of no small talent for generalship. It afterwards turned out that his real name was Cade, that he was a native of Ireland, and that he had been living a year before in the household of Sir Thomas Dacre in Sussex, when he was obliged to abjure the kingdom for killing a woman who was with child. He then betook himself to France and served in the French war against England. What induced him to return does not appear, unless we may suppose, which is not unlikely, that some misdemeanour when in the service of France made the French soil fully as dangerous to him as the English. In England he seems to have assumed the name of Aylmer, and passed himself off as a physician. He married a squire’s daughter, and dressed in scarlet; and when the rebellion broke out in Kent he called himself John Mortimer, a cousin of the Duke of York.

The first disturbances took place at Whitsuntide in the latter end of May. In the second week of June70.1 a considerable army from the counties of Kent, Surrey, and Sussex encamped upon Blackheath. The king, who, on receiving news of the rising, had dissolved the parliament then sitting at Leicester, arrived in London on Saturday the 13th, and took up his quarters at the priory of St. John’s, near Smithfield. He had with him 20,000 men under arms, but for some reason or other did not set out against the rebels till the following Thursday, the 18th.70.1 They, meanwhile, had withdrawn in the night-time,70.2 and the king and his host occupied their position on Blackheath. The royal forces, however, proceeded no further. Only a detachment, under Sir Humphrey Stafford and his brother William, was sent to pursue the insurgents. An encounter took place at Sevenoaks on the 18th,70.3 in which both the Staffords were killed. Their defeat spread dismay and disaffection in the royal camp. The noblemen who had accompanied the king to Blackheath could no longer keep their men together, the latter protesting that unless justice were done on certain traitors who had misled the king, they would go over to the Captain of Kent. To satisfy them, Lord Say was arrested and sent to the Tower; but even with this concession the king did not dare presume upon their loyalty. He withdrew to Greenwich, and the whole of his army dispersed. The king himself returned to London by water, and made preparations during the next two or three days to remove to Kenilworth. The mayor and commons of the city went to him to beseech him to remain, offering to live and die with him, and pay half a year’s cost of his household. But all was to no purpose. The king had not even the manliness of Richard II. at Smithfield, and he took his departure to Kenilworth.71.1

The city, thus deserted by its sovereign, knew not for a time what to do. A party within the Common Council itself ventured to open negotiations with the insurgents, and Alderman Cooke passed to and fro under the safe-conduct of the Captain.71.2 To many it may have seemed doubtful loyalty to support the government of Lord Say and his friends against an oppressed population. On the 1st day of July71.3 the insurgents entered Southwark. On the 2nd a Common Council was called by the Lord Mayor to provide means for resisting their entry into the city; but the majority voted for their free admission, and Alderman Robert Horne, who was the leading speaker against them, was committed to prison for his boldness. The rebels enter London. That same afternoon the so-called Mortimer and his followers passed over London Bridge into the city. The Captain, after passing the drawbridge, hewed the ropes asunder with his sword. His first proceedings were marked by order and discipline. He issued proclamations in the king’s name against robbery and forced requisitions, but he rode through the different streets as if to place the capital under military government; and when he came to London Stone, he struck it with his sword, saying, ‘Now is Mortimer lord of this city.’ Finally, he gave instructions to the Lord Mayor about the order to be kept within his jurisdiction, and returned for the night to his quarters in Southwark. On the following morning, Friday the 3rd, he again entered the city, when he caused Lord Say to be sent for from the Tower. That no resistance was made to this demand by Lord Scales, who had the keeping of the fortress, may seem strange. But there was a reason for it which most of the chroniclers do not tell us. The king had been obliged to listen to the grievances of his ‘Commons’ and to withdraw his protection from his favourites. He had granted a commission ‘to certain lords and to the mayor and divers justices, to inquire of all persons that were traitors, extortioners, or oppressors of the king’s people.’72.1 Lord Say was accordingly formally arraigned at a regular sessions at the Guildhall. But when the unfortunate nobleman claimed the constitutional privilege of being tried by his peers, the pretence of law was finally laid aside. A company of the insurgents took him from the officers and hurried him off to the Standard in Cheap, where, before he was half shriven, his head was cut off and stuck upon a long pole. A son-in-law of his named Crowmer, who was then very unpopular as sheriff of Kent, met with a similar fate. He was beheaded in Cade’s presence at Mile End. Barbarity now followed violence. The lifeless heads of Say and Crowmer were carried through the streets, and made to kiss each other. At the same time one Bailey was beheaded at Whitechapel on a charge of necromancy, the real cause of his death being, as it was reported, that he was an old acquaintance of Cade’s who might have revealed something of his past history.

It may have been the expectation of inevitable exposure that induced Cade now to relax discipline, and set an example of spoliation himself. He entered and pillaged the house of Philip Malpas, an alderman known as a friend of the Court, and therefore unpopular in the city. Next day he dined at a house in the parish of St. Margaret Pattens, and then robbed his host. At each of these acts of robbery the rabble were sharers of the spoil. But, of course, such proceedings completely alienated all who had anything to lose, and the mayor and aldermen began to devise measures for expelling Cade and his followers from the city. For this end they negotiated with Lord Scales and Matthew Gough, who had then the keeping of the Tower.

For three days successively Cade had entered the city with his men, and retired in the evening to Southwark. But on Sunday, the 5th of July, he for some reason remained in Southwark all day. In the evening the mayor and citizens, with a force under Matthew Gough, came and occupied London Bridge to prevent the Kentish men again entering the city. Battle on London Bridge. The Captain called his men to arms, and attacked the citizens with such impetuosity, that he drove them back from the Southwark end of the bridge to the drawbridge in the centre. This the insurgents set on fire, after inflicting great losses on the citizens, many of whom were slain or drowned in defending it. Matthew Gough himself was among those who perished. Still, the fight was obstinately contested, the advantage being for the moment now with one party and now with the other. It continued all through the night till nine on the following morning; when at last the Kentish men began to give way, and a truce was made for a certain number of hours.

A favourable opportunity now presented itself for mediation. Although the king had retired to Kenilworth, he had left behind him in London some leading members of his council, among whom were Cardinal Kemp, Archbishop of York,73.1 then Lord Chancellor, and Waynflete, Bishop of Winchester. The former had taken refuge in the Tower, under the protection of Lord Scales; and he called to him the latter, who lay concealed at Holywell.73.2 A conference was arranged between them and the insurgents, and both the Cardinal and Bishop Waynflete73.3 with some others crossed the river and met with Cade in St. Margaret’s Church in Southwark. In the end matters were satisfactorily arranged, and the bishop produced two general pardons prepared by the Chancellor, the first for the Captain himself, and the second for his followers. The offer was embraced with eagerness. The men were by this time disgusted with their leader, and alarmed at the result of their own acts. By thousands they accepted the amnesty and began to return homewards. But Cade, who knew that his pardon would avail him little when the history of his past life came to be investigated, wisely made friends to himself after the fashion of the Unjust Steward. He broke open the gaols of the King’s Bench and Marshalsea, and formed a new company out of the liberated prisoners.74.1 He then despatched to Rochester a barge laden with the goods he had taken from Malpas and others in London, and prepared to go thither himself by land. He and his new following appear to have been still in Southwark on the 8th of July, but to have passed through Dartford to Rochester on the 9th, where they continued still in arms against the king on the 10th and 11th.74.2 An attempt they made upon the castle of Queenborough was resisted by Sir Roger Chamberlain, to whom a reward was given in the following year in acknowledgment of his services.74.3 Meanwhile a proclamation was issued offering a reward of a thousand marks for Cade’s apprehension, and ten marks for that of any of his followers; ‘for,’ says a contemporary chronicler, ‘it was openly known that his name was not Mortimer; his name was John Cade; and therefore his charter stood in no strength.’74.4

The feeble remains of the rebellion were already quarrelling about the booty Cade had conveyed out of London. Their leader now took horse and escaped in disguise towards the woody country about Lewes. He was pursued by Alexander Iden, a gentleman who had just been appointed sheriff of Kent in place of the murdered Crowmer. Capture and death of Cade. Iden overtook him in a garden at Heathfield, and made him prisoner, not without a scuffle, in which Cade was mortally wounded, so that on being conveyed to London he died on the way. It only remained to use his carcass as a terror to evil-doers. His head was cut off and placed upon London Bridge, with the face looking towards Kent. His body was drawn through the streets of London, then quartered, and the quarters sent to four different places very widely apart,—one of them to Blackheath, one to Norwich, one to Salisbury, and one to Gloucester.75.1

If the dispersion of traitors’ limbs for exhibition in many places could have effectually repressed disloyalty, the whole realm ought now to have been at rest. The quarters of another Kentish rebel, who, under the name of Bluebeard, had raised disturbances in the preceding February, were at that moment undergoing public exhibition in London, Norwich, and the Cinque Ports. Those of two others were about this time despatched by the sheriffs of London to Chichester, Rochester, Portsmouth, Colchester, Stamford, Coventry, Newbury, and Winchester. The heads of all these wretches were set upon London Bridge, which in the course of this miserable year bore no less than twenty-three such horrid ornaments.75.2

Further disturbances.

But with all this, sedition was not put down, even in the county of Kent; for I find by the evidence of authentic records that a new rising took place in August at Feversham, under one William Parminter, who, undeterred by the fate of Cade, gathered about him 400 men, and called himself the second Captain of Kent. This affair is quite unnoticed by historians, and all I know of it is derived from a pardon to one of those engaged in it.75.3 But even Parminter was not the last ‘Captain of Kent’ that made his appearance this year; for the very same title was immediately afterwards assumed by one John Smyth, for whose capture a reward of £40 was ordered to be paid to the Duke of Somerset on the 3rd of October.75.4 And the chroniclers, though they do not mention these disturbances, tell us that such things were general over all the kingdom. In Wiltshire, at the time that Cade was at Blackheath, William Ayscough, Bishop of Salisbury, had one day said mass at Edington, when he was dragged from the altar by a band of his own tenants and murdered in his alb and stole at the top of a neighbouring hill. He was the second bishop who had been murdered that year by the populace. Another insurrection in the same county in August is mentioned in a letter of James Gresham’s, the number of the insurgents being reported at nine or ten thousand men.76.1 These instances may suffice as evidence of the widespread troubles of the time.

Sir John Fastolf.

Of the degree of private suffering and misery inflicted in particular cases by these commotions we have a lively picture in Letter 126. At the time when Cade and his followers were encamped upon Blackheath, Sir John Fastolf, a noted warrior of the time, of whom we shall have much to say hereafter, was residing at his house in Southwark. He was a man who had not succeeded in standing well with his contemporaries, and the fact may have contributed not a little to the sensitiveness of a naturally irascible character. In one engagement with the French76.2 he was actually accused of cowardice, a charge which he seems afterwards satisfactorily to have disproved. For some years, however, he had given up soldiering and returned to his native country, where he served the king in a different manner as a member of his Privy Council. But in this capacity too he was unpopular. His advice should have been valuable at least in reference to the affairs of France; but it does not seem to have been taken. The warnings and counsels which he gave with reference to the maintenance of the English conquests in France he caused his secretary, William Worcester, to put in writing for his justification; but though his admonitions were neglected by those to whom they were addressed, popular rumour held him partly accountable for the loss of Normandy. Of this opinion some evidence was given in the course of Cade’s insurrection.

As a member of the King’s Council Fastolf thought it right to send a messenger to ascertain what were the demands of the insurgents. John Payn and the rebels. He therefore commanded one John Payn, who was in his service, to take a man with him and two of the best horses of his stable, and ride to Blackheath. When he arrived there, Cade ordered him to be taken prisoner. To save his master’s horses from being stolen, Payn gave them to the attendant, who galloped away with them as fast as he could, while he himself was brought before the Captain. Cade then asked him what he had come for, and why he had caused his fellow to run away with the horses. He answered that he had come to join some brothers of his wife, and other companions who were among the insurgents. On this some one called out to the Captain that he was a man of Sir John Fastolf’s, and that the two horses were Sir John’s. The Captain raised a cry of ‘Treason!’ and sent him through the camp with a herald of the Duke of Exeter before him, in the duke’s coat-of-arms. At four quarters of the field the herald proclaimed with an Oyez that Payn had been sent as a spy upon them by the greatest traitor in England or France, namely, by one Sir John Fastolf, who had diminished all the garrisons of Normandy, Le Mans, and Maine, and thereby caused the loss of all the king’s inheritance beyond sea. It was added that Sir John had garrisoned his place with the old soldiers of Normandy, to oppose the Commons when they came to Southwark; and, as the emissary of such a traitor, Payn was informed that he should lose his head.

He was brought to the Captain’s tent, where an axe and block were produced. But fortunately he had friends among the host; and Robert Poynings, Cade’s swordbearer and carver, who afterwards married John Paston’s sister Elizabeth, declared plainly that there should die a hundred or two others if Payn were put to death. He was therefore allowed to live on taking an oath that he would go to Southwark and arm himself, and return to join the Commons. He accordingly carried to Fastolf a statement of their demands, advising him at the same time to put away his old soldiers and withdraw himself into the Tower. The old warrior felt that the advice was prudent; he left but two of his servants in the place, and but for Payn the insurgents would have burned it to the ground. The faithful dependant, however, had to pay the full penalty of his master’s unpopularity. He seems to have entertained the rioters for some time at his own cost. Afterwards the Captain took from him some valuable clothes and armour, and sent men to ransack his chamber of bonds, money, and other stores. The insurgents also robbed his house in Kent, and threatened to hang his wife and children. Finally, on the night of the battle on London Bridge, Cade thrust him into the thickest of the combat, where he continued six hours unable to extricate himself, and was dangerously wounded.

To have passed through all this was surely a severe enough trial; yet after that commotion he had further trouble to endure. He was impeached by the Bishop of Rochester, and thrown into the Marshalsea by command of the queen. He was also threatened to be hanged, drawn, and quartered, in order that he might accuse his master Fastolf of treason; but in the end his friends succeeded in procuring for him a charter of pardon. To earn this, however, as we find from the document itself, he had to appear before the king in person, during a progress which he made in Kent the year after the rebellion, and, amid a crowd of other supplicants whose bodies were stripped naked down to their legs, humbly to beg for mercy.78.1

Sidenote: Battle on London Bridge. final . missing

The Dukes of York and Somerset

The Duke of York.

Cade’s rebellion was attributed by the Court to the machinations of the Duke of York. The disturbances that had prevailed for some months previously seem to have been partly associated with his name. When Adam de Moleyns, Bishop of Chichester, was murdered in the beginning of the year, the malcontents talked of inviting York over from Ireland to redress the wrongs of the people. The exclusion of York and other lords of royal blood from the king’s councils was also made an express ground of complaint by the Kentish insurgents. The repetition of his name in the mouths of the disaffected was anything but grateful to the party then in power. It was construed as being in itself an evidence of his disloyalty. But the popular complaints as to his treatment were both just and reasonable, for it was a matter that concerned the public weal. The rank, wealth, and lineage of the Duke of York, his connection with the blood-royal, his large possessions, and finally his well-proved ability both as a general and an administrator—all marked him out as one who ought to have been invited to take a leading part in the government of the realm; but a faction about the king had taken care to keep him as much as possible at a distance from the Court. Moreover, it had maligned and aspersed him in his absence, so that it would have been positively insecure for himself to allow the charges to accumulate. A time had clearly come when it was no longer his duty to obey the orders of others. His enemies were becoming more and more unpopular every day, and the only hope of improving the administration of affairs depended upon his taking the initiative.

Comes over from Ireland.

He accordingly determined to avail himself of the privilege due to his rank, and lay his requests at the foot of the throne. A little before Michaelmas he came over from Ireland, collected 4000 of his retainers upon the Welsh Marches, and with them proceeded to London. His coming, although unsolicited by the king and without leave asked, was nevertheless not altogether unexpected. Attempts were made to stop his landing at Beaumaris, and bodies of men lay in wait for him in various places to interrupt his progress. For this, however, he could not have been unprepared. He knew well the hatred entertained towards him at the Court, for he had experienced pretty much the same thing years before in going to Ireland, as now in coming from it. Although he was sent to that country in the king’s service, and as the king’s lieutenant, there were persons commissioned to apprehend him at several points in his journey thither; and now on his return similar efforts were made to prevent his advance to London. As regards himself they were altogether fruitless; but it is not improbable that they succeeded in deterring many of his followers from joining him. William Tresham, the Speaker of the last Parliament, having received a summons from the duke to meet him, was waylaid and murdered in Northamptonshire by a body of the retainers of Lord Grey of Ruthin. For two months the murderers went at large. The sheriff of the county durst not arrest them, and it was only on the meeting of Parliament that a special act was passed for their punishment.80.1

York, however, pursued his way, in spite of all opposition, to the royal presence, and great was the dismay of those then about the king. According to an act passed against him nine years later, his approach was not unaccompanied by violence. He and his followers, it is said, came in warlike array to Westminster Palace, and ‘beat down the spears and walls’ in the king’s chamber. If so, we should infer that his access to the king was opposed even at the last moment. But the opposition was ineffectual, and the reception he met with from Henry himself did not indicate that the king at all resented his conduct.

It must have been on his first interview with Henry that he presented a petition and received a reply from him, which are printed in Holinshed as follows:—

Richard, Duke of York: his letter to King Henry80.2

Please it your Highness to conceive that since my departing out of this your realm by your commandment, and being in your service in your land of Ireland, I have been informed that divers language hath been said of me to your most excellent estate which should sound to my dishonour and reproach and charge of my person; howbeit that I have been, and ever will be, your true liegeman and servant, and if there be any man that will or dare say the contrary or charge me otherwise, I beseech your rightwiseness to call him before your high presence, and I will declare me for my discharge as a true knight ought to do. And if I do not, as I doubt not but I shall, I beseech you to punish me as the poorest man of your land. And if he be found untrue in his suggestion and information, I beseech you of your highness that he be punished after his desert in example of all other.

Please it your Excellency to know that as well before my departing out of this your realm for to go into your land of Ireland in your full noble service, as since, certain persons have lain in wait for to hearken upon me, as Sir John Talbot, knight, at the castle of Holt, Sir Thomas Stanley, knight, in Cheshire, Pulford at Chester, Elton at Worcester, Brooke at Gloucester, and Richard, groom of your chamber, at Beaumaris; which had in charge, as I am informed, to take me, and put me into your castle of Conway, and to strike off the head of Sir William Oldhall, knight, and to have put in prison Sir William Devereux, knight, and Sir Edmund Malso (Mulso), knight, withouten enlarging until the time that your Highness had appointed their deliverance.

Item, at such time as I was purposed for to have arrived at your haven of Beaumaris, for to have come to your noble presence to declare me your true man and subject, as my duty is, my landing was stopped and forebarred by Henry Norris, Thomas Norris, William Buckley, William Grust, and Bartholomew Bould, your officers in North Wales, that I should not land there, nor have victuals nor refreshing for me and my fellowship, as I have written to your Excellency here before; so far forth, that Henry Norris, deputy to the chamberlain of North Wales, said unto me that he had in commandment that I should in no wise have landing, refreshing, nor lodging, for men nor horse, nor other thing that might turn to my worship or ease; putting the blame upon Sir William Say, usher of your chamber, saying and affirming that I am against your intent and [held] as a traitor, as I am informed. And, moreover, certain letters were made and delivered unto Chester, Shrewsbury, and to other places, for to let mine entry into the same.

Item, above all wrongs and injuries above said, done unto me of malice without any cause, I being in your land of Ireland in your honourable service, certain commissions were made and directed unto divers persons, which for the execution of the same sat in certain places, and the juries impanelled and charged. Unto the which juries certain persons laboured instantly to have me indicted of treason, to the intent for to have undone me and mine issue, and corrupted my blood, as it is openly published. Beseeching your Majesty royal of your righteousness to do examine these matters, and thereupon to do such justice in this behalf as the cause requireth; for mine intent is fully to pursue to your Highness for the conclusion of these matters.

The Answer of King Henry to the Duke of York

Cousin, we have seen the bill that ye took us late, and also understand the good humble obedience that ye in yourself show unto us, as well in word as in deed; wherefore our intent is the more hastily to ease you of such things as were in your said bill. Howbeit that at our more leisure we might answer you to your said bill, yet we let you wit that, for the causes aforesaid, we will declare you now our intent in these matters. Sith it is that a long time among the people hath been upon you many strange language, and in especial anon after your [qu. their?]82.1 disordinate and unlawful slaying of the bishop of Chichester,82.2 divers and many of the untrue shipmen and other said, in their manner, words against our estate, making menace to our own person by your sayings, that ye should be fetched with many thousands, and ye should take upon you that which ye neither ought, nor, as we doubt not, ye will not attempt; so far forth that it was said to our person by divers, and especially, we remember, of one Wasnes which had like words unto us. And also there were divers of such false people that went on and had like language in divers of our towns of our land, which by our subjects were taken and duly executed. Wherefore we sent to divers of our courts and places to hearken and to take heed if any such manner coming were, and if there had been, for to resist it; but coming into our land our true subject as ye did, our intent was not that ye, nor less of estate of our subjects, nor none of your servants should not have been letted nor warned, but in goodly wise received; howbeit that peradventure your sudden coming, without certain warning, caused our servants to do as they did, considering the causes abovesaid. And as to the indictment that ye spoke of, we think verily and hold for certain, that there was none such. And if ye may truly prove that any person was thereabouts, the matter shall be demeaned as the case shall require, so that he shall know it is to our great displeasure. Upon this, for the easing of your heart in all such matters, we declare, repute and admit you as our true and faithful subject, and as our faithful cousin.

So far, York had gained his object. The charges against him were repudiated by the highest authority in the kingdom. But it was impossible that the matter could rest there. His own interests and those of the public alike compelled him to demand a full inquiry into the machinations of his adversaries, and when admitted to freer intercourse with Henry he was able to support this request by most inconvenient arguments. Town and country now listened with eagerness for news of a long looked-for crisis, while, as it seemed, the old régime was being quietly laid aside at Westminster. A change of government. ‘Sir, and it please,’ writes one newsmonger, William Wayte, the clerk of Justice Yelverton, ‘Sir, and it please, I was in my lord of York’s house, and I heard much thing more than my master writeth unto you of. I heard much thing in Fleet Street. But, sir, my lord was with the king, and he visaged so the matter that all the king’s household was and is afraid right sore. And my said lord hath put a bill to the king and desired much thing which is much after the Commons’ desire; and all is upon justice, and to put all those that be indicted under arrest without surety or mainprise, and to be tried by law as law will; insomuch that on Monday Sir William Oldhall was with the king at Westminster more than two hours, and had of the king good cheer.’83.1

Sir William Oldhall, a friend and companion-in-arms of the Duke of York in France, had been summoned to the king’s councils more than once before.83.2 But the last occasion was eleven years before this, at a time when it was doubtless felt to be necessary to obtain the sanction beforehand of all parties in the State to the proposed negotiations for peace at Calais. From that day till now we do not hear of him, and we may presume that he was not invited to Court. By the Duke of York’s letter just quoted, it would seem that courtiers had planned to have him beheaded. But now the old exclusiveness was defeated. Men whose patriotism and generalship, it was believed, would have averted the loss of France, were at length allowed free access to their sovereign; while men who were believed to have culpably misdirected the king, and by their favouritism and partiality to have perverted the course of justice throughout the kingdom, stood in fear of a strict inquiry being made into their misdeeds. For such was the sole purport of the ‘bill,’ or petition presented by the Duke of York as mentioned by William Wayte, the exact text of which will be seen in No. 143. The king’s answer to this is preserved in Holinshed as follows:—

The Answer of King Henry to the Duke of York

Cousin, as touching your bill last put up to us, we understand well that ye, of good heart, counsel and advertise us to the setting up of justice and to the speedy punishing of some persons indicted or noised, offering your service to be ready at commandment in the same; sith it is, that for many causes moving us to have determined in our soul to stablish a sad and substantial Council, giving them more ample authority and power than ever we did before this, in the which we have appointed you to be one. But sith it is not accustomed, sure, nor expedient, to take a conclusion and conduct by advice or counsel of one person by himself, for the conservation (?) it is observed that the greatest and the best, the rich and the poor, in liberty, virtue and effect of their84.1 voices be equal; we have therefore determined within ourself to send for our Chancellor of England and for other Lords of our Council, yea and all other, together within short time, ripely to common of these and other our great matters. In the which communication such conclusions, by the grace of God, shall be taken, as shall sound to His pleasure, the weal of us and our land, as well in these matters as in any other.

Politics in Norfolk.

The time was favourable to men like John Paston, who had been wronged by a powerful neighbour such as Lord Molynes, and had been hitherto denied redress. There seemed also a hope of destroying, once for all, the influence of Tuddenham and Heydon in the county of Norfolk. It was proposed that on the Duke of York visiting Norfolk, which he intended to do, the mayor and aldermen of Norwich should ride to meet him, and that complaints should be preferred against the party of Tuddenham and Heydon in the name of the whole city. ‘And let that be done,’ adds William Wayte, ‘in the most lamentable wise; for, Sir, but if (i.e. unless) my Lord hear some foul tales of them, and some hideous noise and cry, by my faith they are else like to come to grace.’ Owing to the influence of the Duke of York, a new Parliament was summoned to meet in November, and John Paston was urged by some friends to get himself returned as a member. But it was still more strongly recommended that the Earl of Oxford should meet the duke, apparently with the view of arranging the list of candidates—a responsibility which the earl, for his part, seems to have declined. The Duke of Norfolk met with the Duke of York at Bury St. Edmunds, and these two dukes settled that matter between them. The Earl of Oxford modestly contented himself with reporting their decision, and advising that their wishes should be carried into effect.85.1

The Parliament met on the 6th November, and Sir William Oldhall was chosen Speaker. About the same time a commission of Oyer and Terminer which had been issued as early as the first of August,85.2 began its labours at Norwich, and the Earl of Oxford stayed away from Parliament to attend it. Mr. Justice Yelverton was sent down from Westminster to sit on that tribunal along with him. There seemed hope at last of redress being had for the wrongs and violence that had prevailed in the county of Norfolk; but the course of justice was not yet an easy one. Great pressure had been put upon the king, even at the last moment, that Yelverton should be countermanded, and Lord Molynes had spoken of his own dispute with Paston in the king’s presence in a manner that made the friends of the latter wish he had been then at Westminster to see after his own interests. The Lords of the Council, however, determined that Yelverton should keep his day for going into Norfolk. When he arrived there, he had occasion to report that there were many persons ill-disposed towards Tuddenham and Heydon, but that it was most important they should be encouraged by a good sheriff and under-sheriff being appointed, else there would be a total miscarriage of justice. For the annual election of sheriffs had been delayed this year, apparently owing to the state of parties. Until the Duke of York arrived in London for the Parliament, his friends would not allow them to be nominated; and the state of suspense and anxiety occasioned by this delay is clearly shown in the letters written during November.86.1

The truth is, the Duke of York had not yet succeeded in establishing the government upon anything like a firm or satisfactory basis. In times like our own there is little difficulty in determining the responsibility of ministers; but in the rough judgment of the ‘Commons’ of those days an error in policy was nothing short of treason. Whoever took upon him to guide the king’s counsels knew very well the danger of the task; and York (if I understand his character aright) was anxious, until he was driven desperate, never to assume more authority than he was distinctly warranted in doing. He could not but remember that his father had suffered death for conspiring to depose Henry V., and that his own high birth and descent from Edward III. caused his acts to be all the more jealously watched by those who sought to estrange him from his sovereign. He therefore made it by no means his aim to establish for himself a marked ascendency. He rather sought to show his moderation. I find, indeed, that at this particular period he not only removed two members of the Council, Lord Dudley and the Abbot of St. Peter’s at Gloucester, but sent them prisoners to his own castle of Ludlow.86.2 This, however, he could hardly have done without permission from the king, as it was the express object of his petition above referred to, that persons accused of misconducting themselves in high places should be committed for trial; and judging from the terms of the king’s answer, I should say that it must have been done by the authority of the new Council, which Henry therein declared it to be his intention to constitute.

This new Council was probably what we should call in these days a coalition ministry. The Duke of Somerset. York’s great rival, the Duke of Somerset, had come over from Normandy a little before York himself came over from Ireland. On the 11th of September, while Cardinal Kemp, who was then Lord Chancellor, was sitting at Rochester on a commission of Oyer and Terminer to try the Kentish rebels,87.1 he affixed the Great Seal to a patent appointing Somerset Constable of England.87.2 In that capacity, as we have already seen, the duke arrested one of the new Kentish leaders that started up after Cade’s rebellion had been quelled. There is no doubt that he stood high in the king’s confidence, and that he was particularly acceptable to Queen Margaret. He was, nevertheless, one of the most unpopular men in England, on account of his surrender of Caen and total loss of Normandy in the preceding year; and as the Parliament was now called, among other reasons, expressly to provide for the defence of the kingdom, and for speedy succours being sent to preserve the king’s other dominions in France,87.3 it was impossible that his conduct should not be inquired into. The short sitting of Parliament before Christmas was greatly occupied by controversy between York and Somerset.87.4 On the 1st of December the latter was placed under arrest. His lodgings at the Black Friars were broken into and pillaged by the populace, and he himself was nearly killed, but was rescued from their violence by a barge of his brother-in-law the Earl of Devon. Next day the Dukes of York and Norfolk caused proclamation to be made through the city that no man should commit robbery on pain of death, and a man was actually beheaded in Cheap for disobeying this order. As a further demonstration against lawlessness, the king and his lords, on Thursday the 3rd December, rode through the city in armour, either side of the way being kept by a line of armed citizens throughout the route of the procession. It was the most brilliant display of the kind the Londoners of that day had ever seen.88.1

The Duke of Somerset did not long remain in prison. Very soon after Christmas the king made him captain of Calais, and gave him the entire control of the royal household.88.2 The Court was evidently bent on the restoration of the old order of things, so far as it dared to do so. The chief obstacle to this undoubtedly was the Parliament, which was, on the whole, so favourable to the Duke of York, that one member, Young of Bristol, had even ventured to move that he should be declared heir to the crown.88.3 Parliament, however, could be prorogued; and, as Young found shortly afterwards, its members could be committed to the Tower. The speech of the Lord Chancellor on the meeting of Parliament had declared that it was summoned for three important causes: first, to provide for the defence of the kingdom, and especially the safeguard of the sea; secondly, for the speedy relief of the king’s subjects in the south of France, and aid against the French; thirdly, for pacifying the king’s subjects at home, and punishing the disturbances which had lately been so frequent. But practically nothing was done about any of these matters before Christmas. An act was passed for the more speedy levying of a subsidy granted in the last Parliament, and also an act of attainder against the murderers of William Tresham. The Lord Chancellor then, in the king’s name and in his presence, prorogued the Parliament till the 20th of January, declaring that the matters touching the defence of the kingdom were too great and difficult to be adequately discussed at that time. The same excuse, however, was again used for further prorogations until the 5th of May; and meanwhile fears began to be entertained in the country that all that had been done hitherto for a more impartial administration of justice was about to be upset.88.4

A.D. 1451.

During the whole course of the succeeding year matters were in a very unsettled condition. At the very opening of the year we hear complaints that the sheriff, Jermyn, had not shown himself impartial, but was endeavouring to suppress complaints against certain persons at the coming sessions at Lynn. It was feared the king would pardon Tuddenham and Heydon the payment of their dues to the Exchequer for Suffolk; and if they did, payment of taxes would be generally refused, as Blake, the Bishop of Swaffham, having gone up to London, informed the Lord Chancellor himself. From London, too, men wrote in a manner that was anything but encouraging. The government was getting paralysed alike by debt and by indecision. ‘As for tidings here,’ writes John Bocking, ‘I certify you all is nought, or will be nought. The king borroweth his expenses for Christmas. The King of Arragon, the Duke of Milan, the Duke of Austria, the Duke of Burgundy, would be assistant to us to make a conquest, and nothing is answered nor agreed in manner save abiding the great deliberation that at the last shall spill all together.’ Chief-Justice Fortescue had been for a week expecting every night to be assaulted.89.1 The only symptom of vigour at headquarters was the despatch of a commission of Oyer and Terminer into Kent, for the trial of those who had raised disturbances during the preceding summer. As for the county of Norfolk, the only hope lay in a strong clamour being raised against oppressors. Sir John Fastolf showed himself anxious about the prosecution of certain indictments against Heydon, and his servant Bocking, and Wayte, the servant of Judge Yelverton, urged that strong representations should be made to Lord Scales against showing any favour to that unpopular lawyer.89.2

Tuddenham and Heydon.

By and by it was seen what good reason the friends of justice had for their apprehensions. It had been arranged that Tuddenham and Heydon should be indicted at a sitting of the commission of Oyer and Terminer at Norwich in the ensuing spring. Rumours, however, began to prevail in Norwich that they who had promoted this commission in the county of Norfolk—the Earl of Oxford and Justice Yelverton, as well as John Paston and John Damme—were to be indicted in Kent by way of revenge. John Damme had before this caused Heydon to be indicted of treason for taking down one of those hideous memorials of a savage justice—the quarter of a man exposed in public. The man was doubtless a political victim belonging to Heydon’s own party; but Heydon was now looking to recover his influence, and he contrived to get the charge of treason retorted against Damme. Symptoms were observed in Norwich that the unpopular party were becoming bolder again. ‘Heydon’s men,’ wrote James Gloys to John Paston, ‘brought his own horse and his saddle through Aylesham on Monday, and they came in at the Bishop’s Gates at Norwich, and came over Tombland and into the Abbey; and sithen they said they should go to London for Heydon. Item, some say that Heydon should be made a knight, and much other language there is which causeth men to be afeard, weening that he should have a rule again.’90.1

Full well might Sir John Fastolf and others apprehend that if Heydon or Tuddenham appeared in answer to the indictment, it would be with such a following at his back as would overawe the court. No appearance was put in for them at all at several of the sessions of Oyer and Terminer. One sitting was held at Norwich on the 2nd of March. Another was held just after Easter on the 29th of April, and Justice Prisot, not the most impartial of judges, was sent down to Norwich to hold it. Strong complaints were put in against Tuddenham and Heydon on the part of the city of Norwich, and also by the town of Swaffham, by Sir John Fastolf, Sir Harry Inglos, John Paston, and many others; but, as Fastolf’s chaplain afterwards informed his master, ‘the judges, by their wilfulness, might not find in their heart to give not so much as a beck nor a twinkling of their eye toward, but took it to derision, God reform such partiality!’ The one-sidedness of Prisot, indeed, was such as to bring down upon him a rebuke from his colleague Yelverton. ‘Ah, Sir Mayor and your brethren,’ said the former, ‘as to the process of your complaints we will put them in continuance, but in all other we will proceed.’ Yelverton felt bound to protest against such unfairness. Partial justice. Yet even this was not the worst; for Prisot, seeing that, with all he could do, the result of the proceedings at Norwich would scarcely be satisfactory to Tuddenham and Heydon, took it upon him, apparently by his own authority, to remove them to Walsingham, where they had most supporters. And there, accordingly, another session was opened on Tuesday the 4th of May.91.1

It was, according to Sir Thomas Howys, ‘the most partial place of all the shire.’ All the friends and allies of Tuddenham and Heydon, knights and squires, and gentlemen who had always been devoted to their pleasure, received due warning to attend. A body of 400 horse also accompanied the accused, and not one of the numerous complainants ventured to open his mouth except John Paston. Even he had received a friendly message only two days before that he had better consider well whether it was advisable to come himself, as there was ‘great press of people and few friends’; and, moreover, the sheriff was ‘not so whole’ as he had been. What this expression meant required but little explanation. As Sheriff of Norfolk, John Jermyn was willing to do Paston all the service in his power, but simple justice he did not dare to do.91.2

John Paston and Lord Molynes.

He had but too good an excuse for his timidity. Of John Paston’s complaint against Tuddenham and Heydon we hear no more; we can easily imagine what became of it. But we know precisely what became of an action brought by Paston at this sessions against his old adversary Lord Molynes, for his forcible expulsion from Gresham in the preceding year. John Paston, to be sure, was now peaceably reinstated in the possession of that manor;91.3 but he had the boldness to conceive that undermining his wife’s chamber, turning her forcibly out of doors, and then pillaging the whole mansion, were acts for which he might fairly expect redress against both Lord Molynes and his agents. He had accordingly procured two indictments to be framed, the first against his lordship, and the second against his men. But before the case came on at Walsingham, Sheriff Jermyn gave notice to Paston’s friends that he had received a distinct injunction from the king to make up a panel to acquit Lord Molynes.92.1 Royal letters of such a tenor do not seem to have been at all incompatible with the usages of Henry VI.’s reign. John Paston himself said the document was one that could be procured for six-and-eightpence.

There was no hope, therefore, of making Lord Molynes himself responsible for the attack on Gresham. The only question was whether the men who had done his bidding could not be made to suffer for it. After the acquittal of their master, John Osbern reports a remarkable conversation that he had with Sheriff Jermyn in which he did his best to induce him to accept a bribe in Paston’s interest. The gift had been left with the under sheriff for his acceptance. Jermyn declined to take it until he had seen Paston himself, but Osbern was fully under the impression that he would be glad to have it. Osbern, however, appealed also to other arguments. ‘I remembered him,’ he tells Paston, ‘of his promises made before to you at London, when he took his oath and charge, and that ye were with him when he took his oath and other divers times; and for those promises made by him to you at that time, and other times at the Oyer and Terminer at Lynn, ye proposed you by the trust that ye have in him to attempt and rear actions that should be to the avail of him and of his office.’ The prospect of Paston being valuable to him as a litigant had its weight with the sheriff, and he promised to do him all the good in his power except in the action against Lord Molynes’ men; for not only Lord Molynes himself but the Duke of Norfolk had written to him to show them favour, and if they were not acquitted he expected to incur both their displeasure and the king’s. In vain did Osbern urge that Paston would find sufficient surety to save the sheriff harmless. Jermyn said he could take no surety over £100, and Lord Molynes was a great lord who could do him more injury than that.93.1

The diplomacy on either side seems to have been conducted with considerable finesse. Jermyn declared that he had been offered twenty nobles at Walsingham in behalf of the Lord Molynes, but that he had never received a penny either from him or from any of Paston’s adversaries. Osbern then offered if he would promise to be sincere towards Paston, that the latter would give him a sum in hand, as much as he could desire, or would place it in the hands of a middle man whom Jermyn could trust. In the end, however, he was obliged to be satisfied with Jermyn’s assuring him that if he found it lay within his power to do anything for Paston, he would take his money with good will. The negotiator’s impression was that he was fully pledged to get Lord Molynes’ men acquitted, but that in all other actions he would be found favourable to Paston.93.2

Parliament.

About this time Parliament, which had now been prorogued for nearly five months, met again at Westminster. The king’s necessities were doubtless the all-sufficient cause why its meeting could no longer be dispensed with. The Crown was already in debt to the sum of £372,000, and was daily becoming more so. The expenses of the royal household amounted to £24,000 a year, while the yearly revenue out of which they should have been paid was only £5000. Nor was it by any means advisable to remedy the matter by imposing fresh taxation; for the people were so impoverished by the payment of subsidies, the exactions of the king’s purveyors, and the general maladministration of justice, that the experiment could hardly have been made with safety. An act of resumption was the only expedient by which it seemed possible to meet the difficulty; and all grants of crown lands made to any persons since the first day of the reign were accordingly recalled by statute.93.3 In return for this the Commons preferred a petition to the king that he would for ever remove from his presence and counsels a number of persons to whom they alleged it was owing both that his possessions had been diminished, and that the laws had not been carried into execution. Foremost on the list was the Duke of Somerset; and with him were named Alice, widow of the late Duke of Suffolk, William Booth, Bishop of Chester (that is to say, of Coventry and Lichfield),94.1 Lord Dudley, Thomas Daniel, and twenty-five others. It was petitioned that they should never again be permitted to come within twelve miles of the royal presence, on pain of forfeiture of lands and goods. But the days had not yet come when a petition against ministers by the Commons was tantamount to their dismissal. The king indeed felt it best on this occasion to yield somewhat; but he yielded on no principle whatever. He declared in reply that he himself saw no cause for their removal; but he was content to dismiss the most of them for a year, during which period accusations brought against any of them might be inquired into. Those who were Peers of the realm, however, he refused to send away; and he insisted on retaining the services of one or two others who had been accustomed continually to wait upon him.94.2

Parliament seems shortly after this to have been dissolved, and no parliament met again till two years later. Of course the influence of Somerset increased when both Lords and Commons were dismissed into the country; and we perceive that by the end of the year Thomas Daniel, one of the old unpopular adherents of the Duke of Suffolk, who, nevertheless, had not always been acceptable to the Court, was expecting to recover favour by means of Somerset.94.3 He is represented as having cultivated the Duke’s friendship for a quarter of a year; so that we may conclude Somerset’s ascendency was at this time unmistakable. With what degree of discretion he made use of it there is little evidence to show. One advantage that Daniel hoped to gain through his influence was the friendship of Tuddenham and Heydon, by whose means, and by the good offices of Lord Scales, he expected to be allowed to re-enter the manor of Bradeston, of which he had already dispossessed one Osbert Munford last year, but had subsequently been dispossessed himself. The value of a disputed title in any part of England probably depended very much upon who was supreme at Court.

But high as Somerset stood in the king’s favour, the course of events did not tend to make him more acceptable to the people. The loss of Normandy, in the preceding year, was itself a thing not likely to be readily forgotten; but the misfortunes of the English arms did not end with the loss of Normandy. So great, indeed, was the despondency occasioned by that event that, in the opinion of French writers, Calais itself would not have been able to hold out if the French had immediately proceeded to attack it. But Charles was afraid he might have been deserted by the Duke of Burgundy, whose interests would hardly have been promoted by the French king strengthening himself in that quarter, and he declined to attempt it.95.1 Relieved, however, of the necessity of maintaining a large force in Normandy, he found new occupation for his troops in completing the conquest of Guienne, of which a beginning had already been made by the capture of Cognac and of some places near Bayonne and the Pyrenees. In November 1450 the French laid siege to Bourg and Blaye on the Garonne, both of which places capitulated in the spring of the following year. They were the keys of the more important city of Bordeaux, which, now perceiving that there was no hope of succour from England, was obliged to follow their example. This was in June 1451. Loss of Gascony and Guienne. Two months afterwards Bayonne, too, was obliged to capitulate; and with it the whole of Gascony and Guienne was as completely lost to the English as Normandy had been in the preceding year. Calais was now all that remained to them of their conquests and possessions in France; nor were they without considerable apprehension that they might be expelled from Calais too.

These disasters, which were but the natural sequel to the loss of Normandy, only served to make more bitter the reflection how the government of that duchy had been taken out of the able hands of the Duke of York and given to the incompetent Somerset. The jealousy with which the latter regarded his rival was heightened by the consciousness of his own unpopularity. The Duke of York was living in seclusion at his castle of Ludlow, but Somerset seems to have regarded him with daily increasing apprehension. He was continually instilling into the king distrust of York’s fidelity as a subject; until at last the latter thought it expedient to make a public declaration of his loyalty. York’s manifesto. He accordingly issued the following manifesto:—

A.D. 1452.

Forasmuch as I, Richard Duke of York, am informed that the King, my sovereign lord, is my heavy lord, greatly displeased with me, and hath in me a distrust by sinister information of mine enemies, adversaries, and evil-willers, where[as] God knoweth, from whom nothing is hid, I am, and have been, and ever will be, his true liegeman, and so have I before this, divers times, as well by mouth as by writing, notified and declared to my said sovereign lord: And for that this notice so comen unto me of the displeasure of my said sovereign lord is to me so grievous, I have prayed the reverend father in God, the Bishop of Hereford,96.1 and my cousin the Earl of Shrewsbury, to come hither and hear my declaration in this matter; wherein I have said to them that I am true liegeman to the King my sovereign lord, ever have been, and shall be to my dying day. And to the very proof that it is so, I offer myself to swear that on the blessed Sacrament, and receive it, the which I hope shall be my salvation at the day of doom. And so for my special comfort and consolation I have prayed the said lords to report and declare unto the King’s highness my said offer; and to the end and intent that I will be ready to do the same oath in presence of two or three lords, such as shall please the King’s highness to send hither to accept it. In witness whereof I have signed this schedule with my sign manual, and set thereunto my signet of arms. Written in my castle of Ludlow, the 9th of January, the 30th year of the reign of my sovereign lord, King Henry the Sixth.96.2

He appears to have waited nearly a month to learn the effect of this remonstrance. Meanwhile reports came that the French were advancing to lay siege to Calais. At such a juncture it was peculiarly intolerable that the administration of affairs should still be intrusted to hands so notoriously incompetent as those of Somerset; and York, as being the only man who could stir in such a matter with effect, now made up his mind to take active steps for Somerset’s removal. Nothing, however, could be done for such an object without a considerable force of armed men to support him. York accordingly issued the following address to the burgesses of Shrewsbury:—

Right worshipful friends, I recommend me unto you; and I suppose it is well known unto you, as well by experience as by common language said and reported throughout all Christendom, what laud, what worship, honour, and manhood, was ascribed of all nations unto the people of this realm whilst the kingdom’s sovereign lord stood possessed of his lordship in the realm of France and duchy of Normandy; and what derogation, loss of merchandize, lesion of honour, and villany, is said and reported generally unto the English nation for loss of the same; namely (i.e. especially) unto the Duke of Somerset, when he had the commandance and charge thereof: the which loss hath caused and encouraged the King’s enemies for to conquer and get Gascony and Guienne, and now daily they make their advance for to lay siege unto Calais, and to other places in the marches there, for to apply them to their obeisance, and so for to come into the land with great puissance, to the final destruction thereof, if they might prevail, and to put the land in their subjection, which God defend. And on the other part it is to be supposed it is not unknown to you how that, after my coming out of Ireland I, as the King’s true liegeman and servant (and ever shall be to my life’s end) and for my true acquittal, perceiving the inconvenience before rehearsed, advised his Royal Majesty of certain articles concerning the weal and safeguard, as well of his most royal person, as the tranquillity and conservation of all this his realm: the which advertisements, howbeit that it was thought that they were full necessary, were laid apart, and to be of none effect, through the envy, malice, and untruth of the said Duke of Somerset; which for my truth, faith, and allegiance that I owe unto the King, and the good will and favour that I have to all the realm, laboreth continually about the King’s highness for my undoing, and to corrupt my blood, and to disinherit me and my heirs, and such persons as be about me, without any desert or cause done or attempted, on my part or theirs, I make our Lord Judge. Wherefore, worshipful friends, to the intent that every man shall know my purpose and desire for to declare me such as I am, I signify unto you that, with the help and supportation of Almighty God, and of Our Lady, and of all the Company of Heaven, I, after long sufferance and delays, [though it is] not my will or intent to displease my sovereign lord, seeing that the said Duke ever prevaileth and ruleth about the King’s person, [and] that by this means the land is likely to be destroyed, am fully concluded to proceed in all haste against him with the help of my kinsmen and friends; in such wise that it shall prove to promote ease, peace, tranquillity, and safeguard of all this land: and more, keeping me within the bounds of my liegeance, as it pertaineth to my duty, praying and exhorting you to fortify, enforce, and assist me, and to come to me with all diligence, wheresoever I shall be, or draw, with as many goodly and likely men as ye may, to execute the intent abovesaid. Written under my signet at my castle of Ludlow, the 3rd day of February.

Furthermore I pray you that such strait appointment and ordinance be made that the people which shall come in your fellowship, or be sent unto me by your agreement, be demeaned in such wise by the way, that they do no offence, nor robbery, nor oppression upon the people, in lesion of justice. Written as above, etc. Your good friend, R. York.98.1

To my right worshipful friends, the bailiffs, burgesses and commons of the good town of Shrewsbury.

York marches towards London.

Having thus collected a sufficient body of followers, the duke began his march to London. The Earl of Devonshire, Lord Cobham, and other noblemen also collected people and joined him.98.2 The king and Somerset, however, being informed of his intentions, set out from the capital to meet him, issuing, at the same time, an imperative summons to Lord Cobham, and probably to the duke’s other adherents, to repair immediately to the royal presence.98.3 But the duke, who had no desire to engage the king’s forces, turned aside and hoped to reach London unmolested. He sent a herald before him to desire liberty for himself and his allies to enter the city; but strict injunctions to the contrary had been left by the king, and his request was refused. Disappointed in this quarter, it was natural that he should look for greater sympathy in Kent, where, doubtless, smouldered still the remains of past disaffection. He accordingly crossed the Thames at Kingston Bridge, and proceeded with his host to Dartford. The king’s army followed and pitched their camp upon Blackheath. And so, on the 1st of March 1452, there lay, within eight miles of each other, two formidable hosts, which any further movement must apparently bring into collision.

To judge from one contemporary account,99.1 the duke’s position must have been a strong one. He had a body of ordnance in the field, with no less than 3000 gunners. He himself had 8000 men in the centre of his position; while the Earl of Devonshire lay to the south with another detachment of 6000, and Lord Cobham by the river-side commanded an equal force. Seven ships lay on the water filled with the baggage of the troops. But the strength of the king’s army appears to have largely exceeded these numbers;99.2 and even if the duke had wished to provoke a conflict, it was evidently more prudent to remain simply on the defensive. He accordingly left the responsibility of further action to those of the king’s party.

In this crisis the lords who were with the king took counsel together, and determined, if possible, to labour for a compromise.99.3 An embassy was appointed to go to the Duke of York, and hear what he had to say. It consisted of the wise and good prelate Waynflete, Bishop of Winchester, and Bourchier, Bishop of Ely (afterwards Archbishop of Canterbury), the Earls of Salisbury and Warwick, Lord Beauchamp, Lord Sudeley, and some others. The answer made by York was, that no ill was intended against either the king or any of his Council; that the duke and his followers were lovers of the commonweal; but that it was their intention to remove from the king certain evil-disposed persons, through whose means the common people had been grievously oppressed. Of these the Duke of Somerset was declared to be the chief; and, indeed, his unpopularity was such that even those on the king’s side would seem to have seconded the Duke of York’s demand. After a consultation the king consented that Somerset should be committed to custody until he should make answer to such charges as York would bring against him.100.1

Nothing more seemed necessary to avert civil war. On a simple pledge given by the king that Somerset should be placed in confinement, and afterwards put on his trial, the Duke of York at once broke up his camp and ordered his men home. He then repaired himself to the king’s tent to express his loyalty. York is entrapped, But no sooner had he arrived there than he found he was deceived. The king, in violation of his promise, kept the Duke of Somerset attending upon him as his chief adviser, and York was virtually a prisoner. He was sent on to London in advance of the king, in a kind of honourable custody, attended by two bishops, who conducted him to his own residence; but what to do with him when he got there was a difficulty. His enemies feared to send him to the Tower. There were 10,000 men yet remaining in the Welsh Marches, who, on such a rumour, would have come up to London; and it was not very long before they were reported to be all under arms, and actually on the march, with the duke’s young son at their head—Edward, Earl of March, boy as he was, not yet quite ten years old.100.2

York had distinctly accused the Duke of Somerset as a traitor. He was now in Somerset’s power, but the latter did not dare to retort the charge upon him. Yet if Somerset was not a traitor, the course pursued by York was utterly indefensible. He had actually taken up arms against the Crown, to remove by force the minister in whom the king had placed his confidence. But unfortunately Somerset knew too well that if he made this a ground of accusation against his rival, recrimination would be sure to follow, and he himself would incur a weight of public odium which might possibly lead to the same result as in the case of Suffolk. The wisest and most politic course for himself was not to impeach the Duke of York, but, if possible, to shut his mouth and let him go free. No accusation, therefore, was drawn up. and compelled to swear allegiance. An oath of allegiance, binding him over to keep the peace in time coming, was all that was required. It was on the 1st of March that York had repaired to the king’s tent and found himself in his rival’s power. On the 10th he was brought to St. Paul’s, and there publicly made oath as follows:—

I, Richard, Duke of York, confess and beknow that I am and ought to be humble subject and liegeman to you, my sovereign Lord, King Henry the Sixth, and owe therefore to bear you faith and truth as to my sovereign lord, and shall do all the days unto my life’s end; and shall not at any time will or assent, that anything be attempted or done against your noble person, but wheresoever I shall have knowledge of any such thing imagined or purposed I shall, with all the speed and diligence possible to me, make that your Highness shall have knowledge thereof, and even do all that shall be possible to me to the withstanding thereof, to the utterest of my life. I shall not in no wise any thing take upon me against your royal estate or the obeisance that is due thereto, nor suffer any other man to do, as far forth as it shall lie in my power to let it; and also I shall come at your commandment, whensoever I shall be called by the same, in humble and obeisant wise, but if [i.e. unless] I be letted by any sickness or impotency of my person or by such other causes as shall be thought reasonable to you, my sovereign lord. I shall never hereafter take upon me to gather any routs, or make any assembly of your people, without your commandment or licence, or in my lawful defence. In the interpretation of which my lawful defence, and declaration thereof, I shall report me at all times to your Highness, and, if the case require, unto my peers: nor anything attempt by way of faite against any of your subjects, of what estate, degree, or condition that they be. But whensoever I find myself wronged or aggrieved, I shall sue humbly for remedy to your Highness, and proceed after the course of your laws, and in none other wise, saving in mine own lawful defence in manner above said; and shall in all things abovesaid and other have me unto your Highness as an humble and true subject ought to have him to his Sovereign Lord.

All these things above said I promise truly to observe and keep, by the Holy Evangelists contained in this book that I lay my hand upon, and by the Holy Cross that I here touch, and by the blessed Sacrament of our Lord’s body that I shall now with His mercy receive. And over this I agree me and will that if I any time hereafter, as with the grace of our Lord I never shall, anything attempt by way of fear or otherwise against your royal majesty and obeisance that I owe thereto, or anything I take upon me otherwise than is above expressed, I from that time forth be unabled, [held and taken as an untrue and openly forsworn man, and unable]102.1 to all manner of worship, estate, and degree, be it such as I now occupy, or any other that might grow unto me in any wise.

And this I here have promised and sworn proceedeth of mine own desire and free voluntee and by no constraining or coercion. In witness of all the which things above written I, Richard, Duke of York above named, subscribe me with mine own hand and seal, with this mine own seal, &c.102.2

With this guarantee for his future loyalty, the duke was permitted to return into his own country.

Somerset might well be pleased that the matter should be settled thus; for if the charges York brought, or at least was prepared to have brought, against him were only one-half true (and some of them certainly were true altogether), his administration of the Duchy of Normandy was a mixture of indiscretion and dishonesty at which the nation had good right to be indignant. We have already seen how in concert with the Duke of Suffolk he had authorised a perfidious breach of the truce with France in the capture of Fougères. We have also seen how ill prepared he was for the consequences; how he discovered too late the weakness of all the garrisons; how the French king recovered town after town, and the English were finally expelled from Normandy in less than a year and a half after the unjustifiable outrage. York’s charges against Somerset. But if any credit may be given to the further charges brought against him by the Duke of York,—charges which agree only too well with the character attributed to him by the most impartial authorities102.3—Somerset had himself to blame in great measure for the defenceless condition of the country committed to his protection. On his first going into Normandy he had jobbed the offices under his control. For the sake of private emolument he had removed a number of trusty and experienced captains, filling their places with creatures of his own, or men who had paid douceurs for their posts; and only on receipt of still greater bribes would he consent to restore any of those that had been put out. He had, however, actually reduced many garrisons, while he had taxed the inhabitants of the Duchy beyond all reason for the means of defence. His administration of justice, too, had been such as to excite the most vehement dissatisfaction, and had made the whole native population impatient of English government. He had, moreover, pocketed the compensation given by France to the dispossessed Englishmen of Anjou and Maine. Worse still, after all his maladministration and ill success, he had prevailed on the king to make him captain of Calais, which it seemed as if he was on the point of losing also in as careless and culpable a manner as he had already lost Normandy.

Here, however, is the full text of the accusation,103.1 as prepared by York himself:—

Thies articles and pointes folowyng yeve, shewe and ministre I, Richard Duc of York, youre true liegman and servaunt unto youre highnesse, summarily purposyng and declaryng thaym ayeinst Edmond Duc of Somerset for the grete welfare and the comen availle and interesse of youre mageste Roiall and of this youre noble roialme, aswell to bryng to knawlege and understondyng the meanes and causes of the grete myscheves and inconvenientz which late befe[l] unto this youre said noble roiame, as in losse of youre lyvelode by yonde thee see and otherwyse in ponisshment of deservitours and excuse of innocencie, and also in puttyng aside and eschuyng of the grete and importable hurte and prejudice which ben like, withouten that purviaunce be had of remedie, to succede in shorte tyme. To the which articles and every of theym I, the seid Duc of York, desire of youre egall and indifferent rightwesnesse that the seid Edmond answere by his feith and trouth, the sacrement of his othe thereuppon made, duly and truly as lawe and conscience requireth; I also desiryng, for the veraly examinacion and knowlech of trouth theruppon to be had, and for the grete and singuler weel of this youre said Roiame, to be admytted to the prefe, and to yeve evidence in the said articles that folowyn in such as he woll denye, after the equite and consideracion of lawe in such case, and processe had, and also of good feith and conscience justice thereafter to be don and executid.

First, I article and declare that the seid Edmond Duc of Somersett hath be meane, consenter, occasioner, cause and mediatour, both by his inwarde knowlege and expresse consent, by counseill, and worchyng thurghe diverse subtyle weyes and meanes, as by violent presumpcion and otherwyse is knowen and understonde, and furthermore also by his inordinate negligence, lacchesse and wilfull rechelessnes and insaciate covetyse, of the losse and amission of youre Duchie of Normandie, rejoissed and possessed at this tyme, for the defence of his negligent kepyng and otherwyse before reherced, by youre enemyes. Which may clerly by (sic) understonde by the meanes and causes that folowen; of the which and for such one he is openly called, reputed and had by the comen fame and voice. Of the which oon cause is that the seid Duc of Somersett, at his first comyng into Normandie, chaunged and putt out of theire occupacion and youre service, withoute skyll, cause or reason, all the true and feithfull officers, for the most partie, of all Normandie, and put in such as hym liked for his owne singuler availe and covetyse, as it apperith well, inasmoch as ther coude noon of theym that were so put out be restored agayn withoute grete giftes and rewardes, which was full unfittyng. And furthermore did put in prison many diverse and notable persones of youre seid Duchie, withoute cause, justice or any ordinarie processe made agayn theym or due examinacion, and by that meane did grete extorcions and rered unlawfully grete sommes undre colour of amendes and composicions, wherby the cuntre for such wrong and faute of justice grucched sore agayn hym and his governaunce and caused the people to arise in theire conseytes and to take grete displeasir; and that was a grete occasion and cause of the losse of youre said Duchie of Normandie.

Item, the seid Edmond Duc of Somerset was cause and consenter voluntarie of the brekyng of the trues and pais for a tyme had betwene youre highnes and youre uncle of Fraunce, which was well understond at the taking of Fogiers in Britaigne by Sir Fraunceys Larragonneys thurgh his avise, consentement, and counseile; and also duryng the said trues made more strong and fortified diverse places disopered by youre commaundement, as Morteyn and Seint Jakes de Beveron, ageyn the appointement of the seid trues; uppon which youre uncle did sommon hym to make a-seeth [satisfaction] and for to disimpaire the seid fortifying and wrong don agayn the trues, and in asmoch as non aseeth by hym was don, nor [he] lefte not of his seid fortifiyng, caused youre seid uncle to have, as he pretende, cause to breke the said trues on his partie; which brekyng of trues was oon of the verray cause of losse of Normandie. And thus he brake the seide trues ayeinst his promysse and true feith made to youre highnes, which was to kepe and entretyn the said trues, and so did ayen the lawe in this behalve and youre statutes of the roiame.

Item, he put away and diminisshed diverse garnisons and other strong places of youre seid Duchie of Normandie of soudiours and of men of werre which were accustumed to abide uppon the suerte and saufgarde of the same, howe be hit he had verrayly knowlege that youre ennmyes were full determi[ned] for to ley seges to put the same places in theire subjeccion, not paiyng duely nor contentyng such soudiours as abode uppon the defences of the same places; he reryng at that tyme in youre said Duchie as grete tailles and aides as were in long tyme before duryng the werre; and that caused the soudiours in diverse strong places for poverte, not havyng hors nor harneys, and also the nombre diminisshed, to be of non poiaire to make resistence, and that was a grete cause of the losse of Normandie. The losse of which caused the perdicion of Gascoigne and Guyen.

Item, the Duc of Somersett wold yeve noo counseile, aide ne helpe unto the capitanis of diverse stronge places and garnisons which at that tyme, constreyned by nede, desired of hym provision and relief for abillement of werre to resiste the malice of theire enemyes daily makyng fressh feetes of werre uppon theym; he gevyng theym noone aide nor help, but lete theym contynue in theire malice, howe be it that diverse places were lost before: and what tyme that the said places were beseged and sent for help and socour unto hym he wold graunte no maner of comforte, but suffred hem appoint and compounde with here enemyes as well as they myght for theire ease and suertee, makyng no maner of provision for the kepyng of the places which remayned; insomuch that he made non ordinaunce nor provision for the toun, castell, and places of Rouen, neither of men, stuffe ne vitaile, the knowlage that he had of youre enemyes comyng thereunto notwithstondyng, yevyng licence unto the Archiebisshopp, chanons and burgeys of the same toun for to goo or sende to compounde with youre enemyes for the deliveraunce of the same, notwithstondyng that afore that tyme the enemyes which were entred in to the same toun were worshiply put oute and betyn of by the Erle of Shrowesbury and other notable persones, and withdrawen to Pontlarge and Loviers, and at that tyme, they beyng so withdrawen, licenced to appointe as it is aforeseid. Which was plainly ayeinst his promys, feith and liegeaunce that he of right oweth unto you, and ayeinst the tenure of the endentures made betwix youre highnes and hym of the charge of that londe, the which licence, and it had not ben don, the seid toun had abiden undre youre obeisaunce, the losse of whiche was a verray ope . . . .106.1 cause of the perdicion of Normandie.

Item, the said Duc of Somersett, for to colour his defautes and wilfull purp[o]s in the premisses, entred in to youre palaice of Rouen not vitailed nor fo[rnisshed]106.1 for defence, where he myght savely absentid hym, and yeldid up the said Palaice and Castell, and moreover other good tounes, castels and [fortresses],106.1 as Caudebek, and other diverse, as Tancarville, Moustervillers, Arques, key of all Caulx, not beseged nor in perell of losse at that tyme, for the enlargisshyn[g] and deliveraunce of hym, his childre and goodes; which myght not, nor hath not, be done nor seen by lawe, resoun or cronikel, or by cours or a . . . . . . any leftenant, all though that he had be prisoner: Witnesse the Duc of Orliaunce, the Duc of Burbon, the Duc of Alansum and other . . . . . . for whom was none delyvered, al though they had many strong places of theire owen. And furthermore fore the suertee of delyveraunce of . . . . . . tounes, castell and forteresses which were wel furnysshed for to have resisted youre enemyes, and to have biden within youre obeisaunce, delyvered in ostage the Erle of Shrowesbury, that tyme Marescall of Fraunce, and other notable persones which shuld have defended youre lande there ayens the malice of youre enemyes; and in likewyse apointed to delyver Honflu, which was in noo gret perell, ne had be that it was retardyd by youre lettres and so by that fraudelent and inordinat meane all was lost and yoldon up, as hereafter by more evident declaracions it shalbe clerely [proved].106.2

Item, the said Duc of Somerset hath contrived and ymagined, helped or consented to the grete and importable losse of Cales to be undre the obeisaunce of the Duc of Burgoyn, as it apperith openly by diverse skilles, evidencez, and resons; that is to sey, in asmuch as he desired and made laboures, or at the lest toke uppon hym, for to be capiten of the seid Toun of Cales, knowyng and understondyng well the grete murmur and sclaunder which daily rennyth agayn hym for the losse and sale, as it is surmyttid, of Normandie, to the grete discoragyng of the soudiours of the said Toun; where as the comen fame is that he will bylike sotill meanes contrive and ymagyn the losse and amission of youre said Toun of Cales, like as he hath afore causid the perdicion of youre Duchie of Normandie; which apperith well, in asmoch as he hath desirid the terme of a monyth without more, that, in case that the said Toun were besegid and not rescuyd within the said monyth, that than he shuld stond discharged though it were delyvered to youre enemyes; within which tyme it were impossible, or at the lest full unlikly, that never myght be assembled for the rescu therof, where as it may and hath be here-before kept ayens the force of youre enemyes moche lenger tyme in grete jupardy; which is so grete an hevynesse and trouble to youre said soudiours, that by theire langage, demenyng and communicacion it may be understond that they will not be so herty nor feithfull to the welfare and defence of the said Toun as they shuld be in case they had a captayn more agreable unto theym. And also this premisse apperith well in asmoch as the comen voyce, langage, and fame is, and also grete prefe and evidence shalbe made theruppon, that the seid Duc of Somerset, in hope of mariage to be doon and had be twix the Duc son of Burgoyn107.1 and one of his doughters, had made a promysse and behest to the said Duc of Burgoyne, or Duchesse by his meane, concent and massangers, of the delyverey of the Toun of Cales, to be done by such sotill meanes as shuld not be understond neither of youre highenes nor of youre subgettz.

Item, the said Duc of Somerset is cause of grete hurte, robbery, manslauter and other myscheves daily done and contynued in this youre roialme, in asmoch as he resceyved and had at the delyverey of Anjoy and Mayn xxiij. mxij.(72,000) frankes or there aboutes, which were graunted and ordeyned to the Englisshmen havyng theire [there] lyvelode for theire recompense and asyth for the lyverey up of theire seid lyvelode at the said delyveraunce, and wold not dispose the same money nor departe therfrom, bot kepith it still to his owne use and singuler availe, notwithstondyng that he was recompensid for his lyvelode in that cuntrey in youre Duchie of Normandie of a more value than the gift therof was worth, which causith the said Englisshmen to be here in grete povertee; of which povertee no doute commyth grete myscheve daily within your said roiame. And also in so muche as many diverse soudiours of Normandye were not paied theire wages, where he rerid grete and notable sommes of youre Duchie of Normandie for ther agrement, which non paiement and poverte causith also daily grete inconvenientz within this your lande.

Item, that these forsaid articles and poyntz be just and true it may well appere by many grete presumpcions beside evident prefes that shalbe made thereuppon with open and notarie fame and voice of the people, and also inasmoch as the said Duc of Somerset hath be double and untrue in many and diverse pointes, and in especiall that he hath desirid a recompense of youre highnes for the counte of Mayn for the delyverance therof, where it was specified in youre lettres patentes of your graunte therof to hym made that ye shuld be at your libertee to dispose it at your pleasere in case that ye for the meane of the pease wold do make a lyverey thereof unto youre uncle of Fraunce; and yit at the tyme of delyveraunce thereof he wold not agree therto unto tyme that he were recompensid, as it is aforesaid, in youre Duchie of Normandie to a more value than his said graunte drue to.

Item, thees forsaid articles, everyche of theym and every parte of theym, purposyth and ministre I, Richard, Duc of York, ayens the said Duc of Somersett joyntly and severally not atteigne to a more strate nor chargeable prefe than your lawe in such case and processe will require; desiryng of youre highnesse and rightuous justice that in asmoche as lawfully may ayenst hym be foundon or previd, that jugement in that partie be had and executid unto youre highnes for yours and youre roialmes prosperite and welfare, indende not elles bot the salvacion and indempnite of youre most roiale persone, and also alle youre feithfull subgettz, in which y reporte me to God and all the word [world].

I imagine this paper must have been really handed in by York to the lords of the king’s Council. It is preserved among the MSS. in the Cottonian Library, a large number of which were undoubtedly at one time part of the public records of the realm. But in any case we can hardly doubt that Somerset understood quite sufficiently the grounds on which he was so generally hated; nor is it by any means improbable that the armed remonstrance of the Duke of York produced some real effect, if only for a time. This at least we know, that only four days after the oath taken by York at St. Paul’s, active and energetic measures began to be taken for the defence of Calais. Defence of Calais. Historians, as Sir Harris Nicolas truly remarks, do not seem hitherto to have been aware of the imminent danger in which even Calais at this time stood of being lost, like the other English conquests, a full century before it was actually recovered by the French. Rumours that Calais would be besieged reached England in the beginning of May 1450, along with the news of the Duke of Suffolk’s murder.108.1 In August 1451 a reinforcement of 1150 men was sent thither in twelve vessels, under the Lords Beauchamp and Sudeley. In the February following, as we have seen, York wrote of the success of the French in Gascony having emboldened them to lay siege to Calais again. And now, on the 14th of March, when Charles was advancing towards the last English stronghold, with the most formidable army that had been seen for years, and when men had begun to fear that he would be able not only to gain possession of Calais with ease, but even to invade and ravage England, steps were at last taken for the immediate formation of a fleet.

A royal navy had undoubtedly existed for a long time before the days of Henry VI., but it never amounted in itself to a very formidable force, and in time of war recourse was always had to impressment on the large scale. But the neglect of the sea was during this reign the constant complaint of Englishmen. For want of an efficient fleet the mercantile interest continually suffered, the fisheries could not safely be visited, and even the dwellers at home were insecure. The fact was confessed by the greatest eulogists of Henry VI., who had not a thought of impugning his government. ‘Our enemies,’ says Capgrave in his Illustrious Henries,—‘Our enemies laugh at us. They say, “Take off the ship from your precious money, and stamp a sheep upon it to signify your sheepish minds.” We who used to be conquerors of all nations are now conquered by all. The men of old used to say that the sea was England’s wall, and now our enemies have got upon the wall; what think you they will do to the defenceless inhabitants? Because this business has been neglected for so many years it now happens that ships are scanty, and sailors also few, and such as we have unskilled for want of exercise. May God take away our reproach and raise up a spirit of bravery in our nation!’109.1

There were already available for the king’s service a certain number of ships in the Thames, and at Winchelsea and Sandwich. The chief of these vessels was called the Grace Dieu—a name which was perhaps traditional, for it was handed down to Tudor times when, with the king’s own Christian name prefixed, it was always given to the largest of the fleet.109.2 The Earl of Shrewsbury110.1 was appointed to take the command of the whole army at sea, and efforts were made to augment the squadron with as large a force as possible. On the 14th of March 1452 a commission was given to Lord Clifford, which was doubtless one of a number given to various noblemen, to negotiate for this purpose with shipowners, knights, and gentlemen in the district where he commonly resided; and he was instructed to take the command of all such vessels as he could raise, and bring them into the Downs to join with Shrewsbury. The appeal to patriotism was not made in vain. Many shipowners came forward, offering not only to lend but to victual their own ships for the service. But full powers were also given to arrest ships, shipmasters, and mariners, to make up a sufficient number. To every man not furnished with victuals by the benevolence of others, twelve pence a week was offered on the king’s behalf, with a customary share in any booty that he might help to capture at sea. Captains of ships were to have in addition a reward of ten marks, or £10, at the discretion of Lord Clifford. Altogether we may presume that the defensive measures taken at this time were sufficient, for we hear no more during the next few years of any attempt to lay siege to Calais.