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afterwards, out of respect to his wife, created baron ^^"'
Rivers *. 2"*. Catherine,*ti daughter of Fra .ce, the widow
of the last, the mother of the present sovereign, married
Owen ap Tudor, a Welsh gentleman, said to be descend-
ed from the celebrated Cadwalladert. It does not ap-
pear that this marriage was ever formally acknowledged ;
but it was followed by an act of parliament, by which to
marry a queen dowager without license from the king a. d.
was made an offence punishable with the forfeiture of HIS,
lands and goods J ; and, as soon as Catherine was dead, ^,u,
Tudor received a summons at Daventry to appear in 1437
person before the king. At his demand a safe conduct Jan,
was granted him, but afterwards violated. He escaped zi
from prison, was retaken, and escaped a second time.
With the real cause of this severity we are not acquaint-
ed : the act of parliament had passed after his marriage,
iand there is no mention made of it in the acts of the
council : from the expressions used there it may perhaps
be inferred that he had done or said something to raise
apprehensions, that sprung, as was pretended, from the
ancient princes of Wales, and proud of his alliance by
marriage with the royal families of England and France,
Owen ap Tudor might be tempted to re-enact the part
of Owen Glendower, and might, like that chieftain, meet
with willing and enthusiastic support from the national
predilections of his countrymen }. However that may

♦ Thia offence was common, and always punished with fine, and often
with imprisonment also, if the husband were of inferior rank to the wife.
In the acts of the Council we meet with such fines of 1,000/. or 12 000
marks. &c. See Acts, iii. 130. 145. 164. 252.

+ The Chronicle of Londan asserts the Tndor was " no man of birtlie,
iio:her of lyflod." (p. 123.) Yet ilie council iu an official instrument gives
him the title of - armiger.»' Rym. x. 709. His sons Edmund and Jasper
wereplaced under the care of Catherine de la Pole, abbess of Barking.

t There can l>e no doubt tliat such act was passed, though it is not
found on the Rolls now. But sir Harris Nicolas informs us that the mem-
brane, on which it ought to be found, is wanting, and that the numbers of
the following membranes have been altered. Acts of Coun. v. xvii. not. 2.

{ We meet with these expressions: " his malicious purpos and ymagina*
"tion;" the danger of" rebellion, murmur, or inconvenience fr«m his ea-
* largement ;" " the disposition of Walys." Ibid. p. 50.



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' 106 HENRY VI. [chap. U.

have been, Tudor, after his second escape, was suflfered
to remain without molestation. Henry acknowledged
X. i>. his sons by Catherine for brothers, and created Edmund
1462. earl of Richmond, and Jasper earl of Pembroke ; Owen,
the youngest, became a monk in the abbey ot West-
minstef.

III. It was probably owing to this marriage that Henry^
when he was only in his third year, had been taken out
of the hands of his mother, and intrusted to the care of
A, i>. dame Alice Botiller, to whom as his governess the in-
M24.fent monarch was made to give authority by special war-
^«?^' xaiit, and with the advice of the council, to chastise him
* from time to time, in reasonable wise, as the case might
require, without being subsequently called to account *.
^^ „ From the tuition of dame Alice he passed in his seventh
1428. year to the charge of the earl of Warwick, who, in his
June patent of appointment, was ordered to look to the health
^* and safety of the royal person, to watch over the educa-
tion of his pupil in morals and virtue, in literature and
the languages, in manners and courtesy, and in all the
acquirements which become a great king ; and to chas-
tise his negligence or disobedience in such manner as
other princes of the same age were wont to be chas-
tised t. But when Henry had reached his eleventh year,
"Warwick applied to the council for more ample powers.
He found that oflBcious persons, lo make their court to
the sovereign, had filled his mind with notions of his
own importance, and that he would no longer submit
^ P to the punishments, which it was occasionally deemed
1432. necessary to inflict. The earl therefore demanded au-
Nov. thority to appoint or dismiss the persons composing the
29. royal household ; to prevent any stranger from speaking

* De noQS reson lement chastier de temps en temps ainsi <-umme le
c«8 requerera. Ibid. iii. 143. This lady in return for her services iec« i\ nl
a pension for life of 40/., to which another of thirty marks was afu-rwut-tia
added. I may observe that king John pave pensions of two prnce ]>er iIav
to the nnrsesof his children. Rot Clans. I. 150. 175; but. the nurs«'s Jl
Henry V. VI. VII. received 20/. per annum as long as the king J»le:^^^d,
which was, in foct, for life. Acts of Conn. iii. Pell Records, 384. EIU.<'.2.
s«r. i. 171. t Rym. X. 399. Rot Pari. iv. 4U



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CHAP. II J henry's education. 107

with the^ng unless it were in presence of one of the
four Imights of the hody ; and to remove him from place
to place as he saw it necessary for his health or security.
He also required the council to admonish the king in a
hody, of the necessity of obedience to his preceptor, and
to promise that they would stand by him, if on account
of chastisement his pupil should conceive any antipiithy
against him*. All these demands were granted. It
was, however, impossible to exclude flatterers from the
prince; who, at their suggestions, in his fourteenth year ^^
demanded to be admitted into the council, and to be 1434,
made acquainted with the manner in which the concerns Nov.
of his kingdom were conducted. This claim was resisted ^^
with firmness, but with respect t. Yet Henry, though
he acquiesced for the present, three years afterwards re- j^^
newed his demand. To satisfy him, it was resolved, n©^*
that the pardon of offences, the collation of' benefices, 13.
and all special graces should be reserved to the king ;
that he should I e made acquainted with all debates of
importance respecting his crown and prerogatives ; and
should decide in all matters, regarding which the council
should .be so &r divided ia opinion that the majority did

• Rot Par. 433, 434. If we believe Hardyng, though
" Th'erle Richard in mykell worthy heade
EDformed hym, yei of his symple heade
He ooulde little within his breast conceyve.
The sood from eivill he could uneth perceyve.**

p.394.
t The members of the council (thedukeof Gloucester alone was absent)
replied, that." God, indeed, had endowed the kin^ with as great undcr-
** standing and feeling as ever they saw or knew m any prince or oth««
•* pi'rson of his age : nevertheless, to quit them truly to 0<»d, to the king,
" and to his people, they dare not take upon them to put him in conceit or
** opinion that he isyet endowed w.^ so great feeling, knowledge, and
" wisdom, the which must in great part grow of ex^ierience, nor with so
** great foresight and discretion to depart and choose in matters of great
" weigSit and difficulty, as is expedient and behoveful to him and bis peo-
" pie. They therefore think it would be perilous and harmful to change
" the rule .ind governance that afore this in his tender age hath been ap-
" pointed lor the good and surety of his noble |>er8on, and of this land :
•* and trust, that if any such motion be agsiin made to him, before be agree
" to it, be will t^ke the advice of his great council, or of his conthiual
•* ruuiicil, for tbc tiire being: the which manner of bis demeaning, it is
** iriiAi d and ibou^L; will lie the best thai can be advised." Ibid. 438*



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US Hh^KY yi. [chap. II,

not exceed two-tbirds of the members*. Thus the go-
vernment remained till he became of full age.

IV. The reader has already noticed the commence-
ment of the quarrel between the duke of Gloucester and
his uncle the bishop of Winchester. Their mutual
rivalry converted these near relations into the bitterest
enemies* and gave insensibly an opposite direction to
their views of national polity. The duke proclaimed him-
self the warm and inexorable advocate of war : the bishop
contended with equal vehemence for peace ; and, as the
council perpetually oscillated between the influence of
the one and of the other, the war was never conducted
with vigour, and obstacles were constantly opposed to
the conclusion of peace. The bickerings between these
two ministers are of themselves beneath the notice of
histoiy ; but they derive importance from their conse-
^quences, which were felt through the greater portion of
Henry's reign.

When Beaufort, during the life of the last monarch,
visited the council of Basil, he was named by Martin V.
cardinal and apostolic legate in England, Ireland, and
Wale^, with a promise that his creation and appointment
should be afterwai'ds published in the accustomed man-
A. D. ner t. The intelligence alarmed the jealousy of arch-
*** 17. bishop Chichely. Other legates were foreigners, whose.
R^^' stay was too short to create any permanent prejudice to
the rights of the metropolitan : but Beaufort would fix
bis residence in England, and by his superior authority
suspend or limit for years that jurisdiction which be-
longed to the successoi-s of St. Augustine. On this
A. D. account he wrote a long letter to the king, who, per-
1419. suadcd by his arguments, forbade the bishop of Win-
^^^' Chester to accept the dignity which had beeji offered
himt. Thus the matter rested, till the quarrel, arose

* Uytn. 438. 439. t Ang. Sac. i. 800.

X Alter alluding to the ambition of Beaufort, he tells the king that,
*' 1 here never was no legate a latere sent into no land, and specially into
'- the realm of England, without |[Teat and notable 9ause. And they, when



6.



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A.». 1426.] BKA0FORT CREATE© APOSTOLIC LEGATE, ^ lOil

between that prelate and his nephew of Gloucester. It
has been already mentioned that Beaufort condescended
to make hito an apdogy, resigned the chancellorship,
and obtained permission to t^ravel: but it is probable
that by these concessions \\e purchased the royal license
to accept the preferments to which he had been named -a.b.
in the court of Rome. He was soon afterwards declared |^2*»
cardinal priest of St. Eusebius, was invcstel with the 26.
usual habit at Calais, received the hat At Mechlin, and 1427.
was appointed captain-^^eneral of the crusaders doj^tiiicdFeb.
to oppose the Bohemian Hussites *. His absence ])erha; s V*
encouraged, or his promotiwi stimulated the ambition of Jy
the duke of Oloucester,' wIk) at the next mecti: g; of
parliament required of the lords a declaratiofi 6J* the Oct.
powers invested in him as protectDi*. Wliether it^was 15*
on this or some other account, is uncertain, but the par-
liament was soon afterwards prorogued. When it opened ,^.5l
again, the duke repeated his demand, adding that he jj^g^^
would not take his seat till it was answered, and adrao- 3.
nishing the house not to pass any bill in his absence:
The reply must have prov-ed most mortifying to his
ambition. They reminded him that the act which gave
liim the title of protector invested him with no authority
^except in the two cases of foreign invasion, and internal
revolt; "marvelled from their hearts'* that after he had
subscribed this act he should pretend to any additional
power ; declared that in parliament he was no more than
any other peer ; and exhorted him to» resume his seat,
and attend to the business of- the nation, as he was
bound to do in obedience to the king's writ. The duke
reluctantly acquiesced t.

About six months later the cardinal ventured to retura
.to England; and at his eutry into the metropolis was

" they came, abideo but little while, not over a yew, and some a quarter
*' or two moBths, as the needs required ; and yet over that he was treated
" with eve lie -eatne into the land, when he shutild have exercise uC his
** power, and how much should be put iato execution." See the whole
icV.oT iipud Duck. Vit. Chiek p. 1*J9.
^ 4 iig. Sac. dig. Ha) Jiald. *i. 92, 93. i ttoi. Rarl. iv. 326, 327.



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1)0 HENRY VX CHAP. II.

Sept, met in solemn procession by the clergy, the mayor, and
*• the citizens. But it soon appeared* that though he had
been received with honour* his new dignity had made
him an object of suspicion. In the presence of the
council, and at the requisition of the king*s attorney, he
was compelled to promise that he would abstain in the
execution of his office from every act which might dero-
A. D. gate from the rights of the crown or of the subject *;
1429. and when the feast of St. George arrived, was forbidden
April to attend as chancellor of the order of the garter, on the
• ground that he ought to have vacated that office, toge-
ther with the bishopric of Winchester, from the day on
which he accepted the dignity of cardinal t. When he
remonstrated, the council replied, that it was at least a
difficult and doubtful question, which they dared not
solve during the minority of the king ; and to this an-
swer he was content to submit, that he might not by
opposition defeat the project in which he was now en-
gaged. As soon as Cunzo, the papal envoy, had delivered
Mar ^^^ letters of Martia V. to the council, the c&rdinal ex-
}o/ hibited the bull appointing him captain-general against
the Hussites, and solicited the royal license to publish
the crusade, and to raise an army of five hundred
' lancers, and five thousand archers for the expedition.
June Both petitions were granted, but on condition that the
11. troops should be reduced to one half of the number de-
manded, and the donations of the people should be
expended in the purchase of arms and provisions within
the realn;L$. I^ut soon a transaction occurred most dis-
graceful to all the parties concerned. For a bribe of
one thousand marks the cardinal consented that the

• The protest ol Caodray. the king's «ttoruey. is still extant He main-
tains that it is the lijfht of the crown, founded on special privilege
and prescription, with the knowledge and tolerance of the pontiffs, that no
legate should come to England unless at the petition of the king; and
that, as the cardinal had come without being asked for, it was not the in-
lention of the king or council to approve of his entrance Sn derogation rf
the laws or rights of the kingdom, or to admit him as legate contrary to
law and right, or to consent that he should exercise his legation in oppoi^
tion to the same. Fox, i. 920.

♦'Uvm X. 414. AcU of Conn, iil 324. t^ym. x. 41»— 423.



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A.D. 1429.J BEAUFORT AND THE CRUSADERS. Ill

men whom he had raised for the crusade should be led July
against the king's enemies in France ; and the council, !•
oh their part, engaged to indemnify him to the pontiff
for this brea9h of his duty. He received their bonds ;
but pron^ised to keep this part of the transaction secret,
and not to apply for payment trom them till he should^
fail in his attempt to procure it from the regency of
France *. When Charles found the crusaders arrayed ^ -
against himself, he complained most bitterly to the pon- n. '
tiff, who loudly protested his ignorance of this fraudulent
transaction, and upbraided the cardinal with having in-
jured the cause of religion, and stained the reputation of
the holy see. Beaufort attempted to justify himself by
allegations which it is difficult to believe; that the
orders of his sovereign were intimated to him in such
terms that he durst not disobey ; and that the men -
•themselves declared to his face that they would not
march against the Hussites, but werf determined to
restore the superiority of the English arms in- France •!•.
If the conduct of thwe cardinal on this occasion irritated
the court of Rome, it served to add to his popularity in
England; and when the parliament assembled, both
houses seemed to contend wliich should heap upon him
the most distinguished honours. The same objection g^..^
which excluded him from the feast of St. George had 22.
also excluded him frt)m the king's council : but the lords j^
now requested him, for the service of the king, and the ig,
benefit of the nation, to resume his seat at that board,
and to absent himself only when subjects were debated
which concerned the court of Rome J. To this flattering q^^
request he wilhngly assented ; and two days later the 20.
commons, when they presented to the king a grant of a

• Rym. 424 — 426. 1 suspect that the whole basiness was a fraud from the
very beginning. The cariiinars petition to raise men was granted, and
the agreement sijined on the 18th of June; and yet on the 15th and 16th
of the same mouth orders l>ad been given to prepare quarters for him and
his army in Kent, and to provide a fleet for their passage to foreign parts,
on the king's service: in obsequium nostrum. Id. 418.

+ Raynaia. Vi. 73, 74. % Rot. P xrl. W. 338,

VOL. v. 10



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112 liii.vKY VI. [.CHAP. II. 4

lecoiid supply* took the opportunity to preface it with a
panegyric on the virtues and services of the cardinal*.

It is generally believed that the duke of Gloucester,
finding himself unable to exclude his rival from the
cabinet by force, undertook to remove him by policy.
So much is certain, that Beaufort, at the repeated in-
stances of the council, consented to accompany the young
king to France ; and that during his absence an ungene-
rous attempt was made to ruin him forever. In a numerous
j^ ^^ meeting of the peers, the king's attorney, on the ground
1431. that the dignity of cardinal was incompatible ^ith the
Nov. possession of a bishopric, proposed that he should be
^* removed from the see of Winchester, and condemned to
refund its revenues from the day of his promotion in the
court of Rome. Gloucester immediately rose, charged
his uncle with having obtained for himself and his dio-
. cese a bull of exemption from the jurisdiction of Canter-
bury, and contended ■ that by such act he had incurred
the penalties of premunirc. But of this charge no satis-
factory evidence was produced; and the lords after a
long debate resolved, that the cardinal should be heard
in his own defence, and that in the interval the records
should be searched for precedents, and the judges be
Nov. J^^q^ij^^^l to deliver their opinions t. The duke, how-
28. ever, was not dis(M>uraged. Three weeks later the sub-
ject was again brought forward in a meeting of the

* Facta prius gpeciali recommendatione reverepdissimi in Christo patris
ek domini, domioi Henrici, permisaione divina titalo S. Eusebii, presbyter!
cardinalis ide Anglia vulganter nuncupati, per prolocutorcm suura ulterius
declarabant, Sio. Ibid. p. 337. I quote Uie words of the record, because
*hey have generally been misunderstood to mean, that the oommous
granted a second subsidy at the recoran^endatbn of the cardinal.

>Rym. X.497. The objections now made were tUe cause, that when
Eugeh^us in 1 440 named the archbishops of York and Rouen cardinals,
both these prelates refused that dignity; and to relieve them from all ap-
prehension, Henry granted them the royal license to retain tliAir bis})o]v
rics totfether with the cardinalate, and the pope solemnly decluretl that it
had not been his intention by introducing them into the'sacred coIU-yi-, lo
^ remove them from their churches of Yorlc and Rouen. The writs is.«u(><l

on this occasion show how difficult it was for ecclesiastics at* thin peridd i /
secure themselves from the operation of the Natutes of premunirc. R vm
JU 758. 840.



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^



CHAP.II.J HS BECOMES FOPLLAK. Ii3

privy council, in which the majority of the memhers
belonged to his party : but the* abbot of Chert sey, the
cardinal's vicar general, pleaded successfully for de-
lay, urging among other reasons the indecency of con-
demning in his absence a prelate so nearly related
to the king, and actually attendant on the royal person
beyond the sea at the request of the council ; and the
lords, though, to gratify the duke, they ordered the
sealing of the wi^ts of premunire and attachment, pre-
vailed on him to consent that the execution should be
suspended till the return of the king *.

It was not to be expected that Beaufort, with such
writs hanging over his head, would venture upon English
ground till he was secure of protection from the enmity
of his nephew/ He accompanied the young Henry from a. n.
Rouen to Calais : but there, having obtained permission 1^132,
to travel to Rome, he took leave of his sovereign. His^®^*
intended journey was probably a pretence. He felt too *
seriously interested in the proceedings against him in
England to leave the coast of Flanders. Two months May
after the arrival of Henry a parliameifit assembled, and 12.
a bill of indemnity, ig protect him fronj the penalties of
premunire, if they had been incurred, was brought into
the commons, and met with no opposition in its progress ^.
through either house. Shortly afterwards he appeared in
his place, on a day when Henry was present t. He had
obtained, he said, the king's leavO to proceed to Rome at
the requisition of the sovereign pontiff, when he heard
that it was intended to charge him with treason in his
absence. As his reputation was dearer to him than any
other treasure, he had returned to face his accuser.
Let him come forth, whosoever he might be, and he
should find him ready to answer. After some delibera-

. * VoT the knowledge of this cireumstance, and for some alterations In the
narrative, I am indebted to the researches of sir Harris Nicolas. Acts of
Ooon. iv. Pref. xxxi — xlii.

t We know not the exact order in which these events occorred. On the
ndls the act of indemnity occupies the last place : but in the exonpU^catioa
granted at the time to the cardinal it occupies the first.



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114 NRY VI. . [CHAP. II.

tion between the duke and the lords, it was replied;
that no one appeared to make such a charge, and that
the king held him to be a good and faithful subject.
Beaufort thanked his sovereign for his gracious declara-
tion, and demanded that it might be delivered to him in
writing under the king's signature : not that he meant
to plead it on a future occasion — he scorned to depend
on any thing but his own innocence—but that it might
be publicly known that no one dared to support such an
accusation against him. His request was granted, and
the declaration was entered on the rolls *.

A seizure of jewels, belonging to the cardinal, had
lately been made at Sandwich, by order of Gloucester,
and probably under the pretence of a false entry at the
custom-house, as to their description or value t. Beau-
fort now demanded the restoration of his property:
which after a long debate was ordered in parliament
on the following singular condition ; that he should de-
posit 6000/. in the king's hands ; that Henry within the
six next years should determine whether the seizure
was just and legal or not, and that in accordance with
such determination he should retain or repay the money.
At the same time the cardinal made to the king a loan
of 6000/., in addition to 8000/. previously advanced, to
be repaid out of the first supply granted by parliament J.

From this period, during several years, the uncle and
nephew, equally jealous of each other, laboured to
strengthen their own influence by the advancement of
their dependents. Gloucester on all occasions brought

• Rot ParL iv. 390. 391. Rym. x. 516, 517.

fThat the seizure was made by order of the duke appears to me plaia
firom the proviso at the end of the act; and I think it probable that the
jewels had been condemned in the exchequer under pretence of the entry,
from the non obstante clause. Rym. x. 517<

t Ibid, Two years later, in a great council, the king at the request of
the lords admitted that he had no right in conscience t<> the jewels, and
ordered the 6.000/. to be repaid : on which the cardinal lent him 1.000
marks towards the war in France. Acts <ifCoun. iv. 238. Notwithstand-
ing the compromise in parliament the jewels had not been restored ; lor
the king paid for them to the cardinal 8,000/., their es' imaied value on
June 10, 1434. Pell Records, 425.



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CHAP. II.J LIBERATION OF THE DUKE OF ORLEA]^S. 115

forward Richard duke of York, in whom were now cen-
tred the rights of the family of Clarence : the cardinal



Online LibraryJohn LingardA history of England, Volume 5 → online text (page 11 of 33)