Repeal of TR (was Richmond)

Repeal of TR (was Richmond)

2014-07-15 16:37:08
Douglas Eugene Stamate
Carol wrote: //snip// "Warning--very long post coming up! Very interesting reasoning. What do others think, especially those with a legal background or a special interest in TR/Eleanor Talbot?" //snip// Doug here: Thank you for the url and the portions you copied out. I think what first caused my to wonder about the status of TR, whether an "Act" or something else is in the first sentence of what you very nicely termed the "relevant portion" is the phrase: "...caused a false and seditious Bille ..." *That,* I think, is where the problem stems from. If I understand the process, any legislation that passes Parliament is referred to as an "Act" of Parliament. That "Act," prior to its being passed, is referred to as a "bill". An "Act of Parliament" has legal standing and is enforceable in the Courts. OTOH, a "bill" is merely a proposal to do something. TR contains no statements about changing the laws of inheritance or enacting new laws to declare Edward's children illegitimate. So, parliamentarily speaking, just what is TR? Well, since In Richard's case it's a proposal to recognize that Richard is, according to the well-known laws of inheritance, the heir of his brother Edward IV and therefore legally the King, I view it as something along the lines of "Because of the above-mentioned causes, therefore, let it be resolved that we petition Richard to accept his rightful position as King." Which is a "resolution, and while such an action may have legal consequences, the resolution itself doesn't change any laws and its repeal won't either. And, actually, wasn't TR passed only because the first petition to Richard, while it *was* by a fairly representative group of Lords, both Spiritual and Termporal, and Commons, that group *wasn't* a legal Parliament? Doug Who apologizes in advance to anyone who may think I'm harping on this, but I did want to show my reasoning (such as it is) so it could be, hopefully, validated. Doug

Re: Repeal of TR (was Richmond)

2014-07-15 17:35:26
Stephen

Very true up to a point but it was an Act – the confusion is sewn intentionally by “Tudor”.

From: [mailto: ]
Sent: 15 July 2014 17:38
To:
Cc: Doug Stamate
Subject: [Richard III Society Forum] Repeal of TR (was Richmond )

Carol wrote:

//snip//

"Warning--very long post coming up!

Very interesting reasoning. What do others think, especially those with a legal background or a special interest in TR/Eleanor Talbot?"

//snip//

Doug here:

Thank you for the url and the portions you copied out. I think what first caused my to wonder about the status of TR, whether an "Act" or something else is in the first sentence of what you very nicely termed the "relevant portion" is the phrase:

"...caused a false and seditious Bille ..."

*That,* I think, is where the problem stems from. If I understand the process, any legislation that passes Parliament is referred to as an "Act" of Parliament. That "Act," prior to its being passed, is referred to as a "bill". An "Act of Parliament" has legal standing and is enforceable in the Courts. OTOH, a "bill" is merely a proposal to do something. TR contains no statements about changing the laws of inheritance or enacting new laws to declare Edward's children illegitimate. So, parliamentarily speaking, just what is TR?

Well, since In Richard's case it's a proposal to recognize that Richard is, according to the well-known laws of inheritance, the heir of his brother Edward IV and therefore legally the King, I view it as something along the lines of "Because of the above-mentioned causes, therefore, let it be resolved that we petition Richard to accept his rightful position as King."

Which is a "resolution, and while such an action may have legal consequences, the resolution itself doesn't change any laws and its repeal won't either.

And, actually, wasn't TR passed only because the first petition to Richard, while it *was* by a fairly representative group of Lords, both Spiritual and Termporal, and Commons, that group *wasn't* a legal Parliament?

Doug

Who apologizes in advance to anyone who may think I'm harping on this, but I did want to show my reasoning (such as it is) so it could be, hopefully, validated.

Doug

Re: Repeal of TR (was Richmond)

2014-07-15 17:37:43
SandraMachin
That man didn't miss a trick. From: mailto: Sent: Tuesday, July 15, 2014 5:35 PM To: Subject: RE: Repeal of TR (was Richmond)

Very true up to a point but it was an Act  the confusion is sewn intentionally by Tudor.

From: [mailto: ]
Sent: 15 July 2014 17:38
To:
Cc: Doug Stamate
Subject: Repeal of TR (was Richmond )

Carol wrote:

//snip//

"Warning--very long post coming up!

Very interesting reasoning. What do others think, especially those with a legal background or a special interest in TR/Eleanor Talbot?"

//snip//

Doug here:

Thank you for the url and the portions you copied out. I think what first caused my to wonder about the status of TR, whether an "Act" or something else is in the first sentence of what you very nicely termed the "relevant portion" is the phrase:

"...caused a false and seditious Bille ..."

*That,* I think, is where the problem stems from. If I understand the process, any legislation that passes Parliament is referred to as an "Act" of Parliament. That "Act," prior to its being passed, is referred to as a "bill". An "Act of Parliament" has legal standing and is enforceable in the Courts. OTOH, a "bill" is merely a proposal to do something. TR contains no statements about changing the laws of inheritance or enacting new laws to declare Edward's children illegitimate. So, parliamentarily speaking, just what is TR?

Well, since In Richard's case it's a proposal to recognize that Richard is, according to the well-known laws of inheritance, the heir of his brother Edward IV and therefore legally the King, I view it as something along the lines of "Because of the above-mentioned causes, therefore, let it be resolved that we petition Richard to accept his rightful position as King."

Which is a "resolution, and while such an action may have legal consequences, the resolution itself doesn't change any laws and its repeal won't either.

And, actually, wasn't TR passed only because the first petition to Richard, while it *was* by a fairly representative group of Lords, both Spiritual and Termporal, and Commons, that group *wasn't* a legal Parliament?

Doug

Who apologizes in advance to anyone who may think I'm harping on this, but I did want to show my reasoning (such as it is) so it could be, hopefully, validated.

Doug

Re: Repeal of TR (was Richmond)

2014-07-15 17:39:51
Hilary Jones
You make some very good points Doug. Because we have never had a written Constitution what passes for constitution is a mix of judicial precedent and Statute ie Acts of Parliament. So if Robert Stillington ruled as a judge on something in 1476 and no other judge has ever over-ruled that, his judgement still stands (that's why lawyers do a lot of digging). As you rightly say, proposals to Parliament are 'Bills' and for the past few hundred years (certainly since the Civil War) they've have to be read twice and approved twice by the Commons and then passed for a final reading and vote to the House of Lords. This means that an unelected Chamber can actually impede the progress of Bills and has caused constitutional crises on major reform issues in the nineteenth and early twentieth century. The solution for the majority party was to threaten to or actually get the King to create more Peers of their persuasion to push the Bill through. When a Bill has the approval of the Lords it goes for Royal Assent and becomes an Act and thereby Law. In the case of TR you make some valid points. It appears as an agreement in Richard's Parliament Rolls, but, as you say, were all who should have been there there or was this a hastily assembled Parliament without full representation from the shires and a quorum? I'm sure Marie could help us on that. Secondly, my recollection is that though Henry wanted to repeal TR he never actually did? And an Act cannot be repealed without due Parliamentary process, just like a Bill can't become Law without it. I think we discussed on here that Henry did not dare to put it before Parliament in case someone like Stillington had a fit on conscience and it became a running hare? What I think Carol has given us is something that may have been drawn up, but was put in a drawer an quietly forgotten. Hope this helps H

Re: Repeal of TR (was Richmond)

2014-07-15 17:41:53
justcarol67
Hi, Doug. The petition to make Richard king was made by the Three Estates and incorporated into TR. which *is* an act of Parliament. If you go to the TR link on the page I linked you to (the direct link is Original Text - Titulus Regius, you'll see the wording, "An Act for the Settlement of the Crown upon the King and his Issue, with a recapitulation of his title," which is the original label given to it by the Master of the Rolls.

So Titulus Regius *is* an act of Parliament, which was repealed (unread and unrecorded) by Henry's Parliament. Had it been only the original bill presented to Richard by the Three Estates, it would not have had official status. But Richard's Parliament specifically states,

"¶ Now forasmuch as neither the said three Estats, neither the said personnes, which in thair name presented and delivered, as is abovesaid, the said Rolle unto our said Souverain Lord the King, were assembled in fourme of Parliament; by occasion whereof, diverse doubts, questions and ambiguitees, been moved and engendred in the myndes of diverse personnes, as it is said:

Therefore, to the perpetuall memorie of the trouth, and declaration of th'same, bee it ordeigned, provided and stablished in this present Parliament, that the tenour of the said Rolle, with all the contynue of the same, presented, as is abovesaid, and delivered to oure before said Souverain Lord the King, in the name and on the behalve of the said three Estates out of Parliament, now by the same three Estates assembled in this present Parliament, and by auctorite of the same, bee ratifyed, enrolled, recorded, approved and auctorized, into removyng the occasion of doubtes and ambiguitees, and to all other laufull effect that shall mowe thereof ensue; soo that all things said, affirmed, specifyed, desired and remembred in the said Rolle, and in the tenour of the same underwritten, in the name of the said three Estates, to the effect expressed in the same Rolle, bee of like effect, vertue and force, as if all the same things had ben soo saide, affirmed, specifyed, desired and remembred in a full Parliament, and by auctorite of the same accepted and approved."


Carol again:


In other words, the present Parliament (Richard's) is making TR an official, lawful act of Parliament to preserve "the perpetual memory of the truth." How ironic that *Henry's" Parliament referred to it as a "false and seditious bill," as if it A) had not been passed and B) had not been the truth, as Richard's Parliament clearly believed it was.


As for your original question, I'm not sure whether the Act (no longer just a bill since it passed, apparently unanimously) officially declares the former princes and princesses illegitimate or merely states that fact as a reason (among others) why Richard should be made king. (We tend to forget that the entire bill did not center on that one question.) I hope that Marie or Johanne will chime in here.


The passage in question reads:


"And howe also, that at the tyme of contract of the same pretensed Mariage, and bifore and longe tyme after, the seid King Edward was and stode maryed and trouth plight to oone Dame Elianor Butteler, Doughter of the old Earl of Shrewesbury, with whom the same King Edward had made a precontracte of Matrimonie, longe tyyme bifore he made the said pretensed Mariage with the said Elizabeth Grey, in maner and fourme abovesaid.

Which premisses being true, as in veray trouth they been true, it appearreth and foloweth evidently, that the said King Edward duryng his lif, and the seid Elizabeth, lived together sinfully and dampnably in adultery, against the Lawe of God and of his Church; and therfore noo marvaile that the Souverain Lord and the head of this Land, being of such ungoldy disposicion, and provokyng the ire and indinacion of oure Lord God, such haynous mischieffs and inconvenients, as is above remembred, were used and comitted in the Reame amongs the Subgectts.

Also it appeareth evidently and followeth, that all th'Issue and Children of the seid King Edward, been Bastards, and unable to inherite or to clayme any thing by Inheritance, by the Lawe and Custome of Englond."


Carol



Original Text - Titulus Regius An Act for the Settlement of the Crown upon the King and his Issue, with a recapitulation of his title. View on web.archive.org Preview by Yahoo

Re: Repeal of TR (was Richmond)

2014-07-15 18:01:56
justcarol67
TR was passed at Richard's January 1484 Parliament along with his other legislation. It was in every way a full and legal Parliament.

Carol

Re: Repeal of TR (was Richmond)

2014-07-15 18:06:10
justcarol67
Hilary wrote:

"What I think Carol has given us is something that may have been drawn up, but was put in a drawer an quietly forgotten. Hope this helps H"

Carol responds:

Not sure what you mean by this. What I quoted was the relevant portion of Henry's bill to repeal TR, which deliberately avoided quoting the "false and seditious bill" (really a genuine act of Parliament) which it wanted to suppress forever. It was very important to Henry's Parliament that the details of Richard's claim *not* be known, not only the part about Edward V's illegitimacy (carefully not mentioned) but the whole bill. With the repeal, they could declare Richard a usurper and tyrant and Henry a true king. Without it, Richard was the true king and Henry the usurper. (As of course, was the actual case, but they needed to hide that fact not only from themselves but from posterity.)

Carol

Re: Repeal of TR (was Richmond)

2014-07-16 10:39:33
Hilary Jones
Carol it's interesting that Ross makes a point similar to Doug - ie that though it was affirmed as an Act by Richard's only Parliament, we don't know the composition of the informal parliament/council that drew it up - ie was it possible to get the Three Estates together in such a short time? You wouldn't normally turn a bill into a statute which hadn't been through a proper process. Ross is not being hostile, by the way, just pointing out that there is an element of challenge - after all Parliament is unlikely to refuse to pass this Act with the King sitting in front of them; they can't undo the fact that he is now King. It's Baldwin (and I'm sure some others whom I've read) who says the Act never formally went through the repeal process. It was too difficult, repeal is as lengthy and contentious as passing an Act and would involve discussion on the status of EOY let alone the view of the Church. Henry's first Parliament did threaten to repeal it and of course said all copies must be destroyed, but thereafter mention was quietly forgotten. This of course does not agree with 'wiki' which says it was repealed and points to the document you have. Cheers H

Re: Repeal of TR (was Richmond)

2014-07-16 13:09:31
maroonnavywhite
Many if not most of the persons concerned would have been hanging around since Edward's death, no? Being that his eldst boy had yet to be crowned and the interregnum is always somewhat uncertain even in calmer times. Besides, as the document itself states, as Carol showed, the three estates had already seen the evidence before Parliament. As for Henry's calling it a bill, well of course he would, wouldn't he? His predecessor in French-backed conquering, three hundred years earlier, had his clerks consistently refer to the king he had killed as "Earl Harold". (See also the Domesday Book.) This is "de jure belli et de jure Lancastriae" himself talking. The only time he seems to have publicly admitted that Richard was a true king of England was during that brief period when Perkin Warbeck was loose and causing him problems - hence the memorial inscription on Richard's tomb that was lost some decades later in the Dissolution. Tamara

Re: Repeal of TR (was Richmond)

2014-07-16 13:21:49
maroonnavywhite
(Arrgh, hit 'send' too soon) It also occurs to me that Henry's Parliament was filled with persons who were themselves attainted under Richard if not Edward. Of course they weren't exactly inclined to respect the acts passed by the Parliaments of previous (Yorkist) monarchs. As for the whole "speediness" argument against TR, I submit that it didn't take very long for the great ones of England to make their way to Westminster once news of Edward's death had spread. And again, many of them likely stuck around during the interregnum as it was a tricky time, especially with Edward's eldest boy still in his minority and the Wydevilles openly chafing against Edward's selection of Richard (and Richard alone) as Protector. Tamara

Repeal of TR (was Richmond)

2014-07-16 15:39:51
Douglas Eugene Stamate
Hilary wrote: //snip// "in the case of TR you make some valid points. It appears as an agreement in Richard's Parliament Rolls, but, as you say, were ll who should have been there there or was this a hastily assembled Parliament without full representation from the shores and a quorum?" //snip// Doug here: If I remember correctly, the *original* petition to Richard was drawn up by those members of Parliament who were in London in June of 1483 and it was on the basis of *that* petition that Richard assumed the throne. However, as the original petition hadn't been presented by a proper Parliament, during Richard's first Parliament TR, which was the original petition just put into Parliamentary format, was introduced and passed. I think. Doug

Repeal of TR (was Richmond)

2014-07-16 16:39:38
Douglas Eugene Stamate
Carol, I must sheepishly admit I only skimmed over the contents of the link you provided and completely missed the opening line. Then I missed it again when I viewed the copy I saved quite a while ago! In my defense I can only say that it was because I was so intent on the contents--still, talk of embarrassing... My original thoughts about all of this was based on knowing the difference between a "Bill of Attainder" and an "Act of Attainder", with the former merely being a piece of proposed legislation and the latter the legislation itself. When I saw "bill" being referenced in the repeal, I thought I'd struck the mother lode, but apparently *that* vein is only "fool's gold"... Doug Who's sttill trying to worry out what, if any, is the difference between "recognizing" the existence of a legal state (illegitimacy) and enacting legislation that places a person, or persons, in that legal state and just which of the two TR is.

Re: Repeal of TR (was Richmond)

2014-07-16 17:00:26
justcarol67
Hilary wrote :

"Carol it's interesting that Ross makes a point similar to Doug - ie that though it was affirmed as an Act by Richard's only Parliament, we don't know the composition of the informal parliament/council that drew it up - ie was it possible to get the Three Estates together in such a short time? You wouldn't normally turn a bill into a statute which hadn't been through a proper process. Ross is not being hostile, by the way, just pointing out that there is an element of challenge - after all Parliament is unlikely to refuse to pass this Act with the King sitting in front of them; they can't undo the fact that he is now King. It's Baldwin (and I'm sure some others whom I've read) who says the Act never formally went through the repeal process. It was too difficult, repeal is as lengthy and contentious as passing an Act and would involve discussion on the status of EOY let alone the view of the Church. Henry's first Parliament did threaten to repeal it and of course said all copies must be destroyed, but thereafter mention was quietly forgotten. This of course does not agree with 'wiki' which says it was repealed and points to the document you have. Cheers H"

Carol responds:

Sorry for removing your paragraph breaks, but it's easier to quote that way. Richard had plenty of time to assemble a full Parliamentary council. He had planned to hold his Parliament earlier, but it was interrupted by Buckingham's rebellion. He then had more than three months to call the Parliament.

As for the Three Estates who petitioned in the first place, I'm sure you'll recall that Richard's coronation was the best attended in history. Almost every peer of the realm was there, as well as many prelates who would have signed the petition as members of the first estate. And, by the way, we have the names of the priests who signed a petition to Richard *during his Parliament,* so we can assume that those same priests were there to testify if needed to the validity of TR. The third estate would have been represented by the people of London and any commoners who had come to attend the Parliament that would have been held after Edward V's coronation. There is no reason (unless you're Ross and determined to undermine Richard) to assume that his Parliament was not equally well attended.

Regarding the act that repealed TR, it may well have been illegal given that you don't repeal an act unread and then destroy the act! Nevertheless, it was highly effective, and within five years of Richard's death or maybe even two (the rebellion at Stoke having failed), many people accepted the Tudor regime (willingly or grudgingly) and the propaganda against Richard would have begun to take effect. His reasons for accepting the crown (changed by propaganda to seizing the crown) would have been forgotten and few people would have dared to risk imprisonment or worse by recording the gist of TR, much less retain a copy. (We're very lucky that one survived or all we would have is the Croyland Chronicler's summary of "a certain parchment roll," the original petition.)

Henry's Parliament did not "threaten to repeal it." They *did* repeal it (read the act I linked to), declaring it null and void and destroying the original, as well as ordering all copies destroyed so that TR would be forgotten. I agree that they didn't want it discussed--what if Stillington could prove that EoY really was illegitimate, or what if her brothers were alive and repealing TR made Edward V the rightful king? The question is not whether TR was a lawful act--it was as lawful as any act of Parliament, many of which (including the repeal of TR) were made to please the king who happened to be on the throne at the time. Nor is it whether TR was repealed. It was.

"[ Annulment of the Previous Act of Richard III. ] . . . . The King [Henry], atte the speciall instance, desire and prayer of the Lordes Spirituell and Temporell, and Comons, in the psent Parlement assembled, woll it be ordeined, stablished and enacted . . . that the said Bill, Acte and Ratificacion, and all the circumstances and dependants of the same Bill and Acte, for the false and seditious ymaginac`ons and untrouths thereof, be void, adnulled, repelled, irrite, and of noe force ne effecte."

"Void, annulled, repelled, and or no force or effect" amounts to "repealed," reinforced by every synonym in the author's vocabulary.

Oh. I just realized that Henry's Titulus Regius *does* call TR an act. I guess "bill" refers to the original petition.

At any rate, I'm becoming confused as to the point of this discussion, which was originally whether TR declared the "princes" (and their sisters) illegitimate. Henry's act doesn't mention them. It was very careful not to specify the content of TR, only to label it as seditious and false.

Ironic, isn't it, that the Lords spiritual and temporal, along with the commons, supposedly begged Henry to repeal Richard's TR. It was the same Three Estates, perhaps containing some of the same people, though others were certainly dead, that petitioned Richard to take the crown in the first place. I wonder where their hearts were, what their motives were, and how many felt coerced to support Henry after having supported Richard or why, if they sincerely supported Richard to begin with, they changed their minds about him. At least two lords who had at one time supported Richard, Northumberland and Surrey, were in the Tower and could not have been present. So, I think, was Ralph Neville, Earl of Westmoreland. All of them later came to terms with Henry, whose "victory" was a fait accompli, but that tells us nothing of what they felt in their hearts. And if John of Lincoln attended that Parliament and appeared to support Henry, we know what he really intended.

Carol

Re: Repeal of TR (was Richmond)

2014-07-16 17:17:12
justcarol67



Tamara wrote :

"(Arrgh, hit 'send' too soon)It also occurs to me that Henry's Parliament was filled with persons who were themselves attainted under Richard if not Edward. Of course they weren't exactly inclined to respect the acts passed by the Parliaments of previous (Yorkist) monarchs.As for the whole "speediness" argument against TR, I submit that it didn't take very long for the great ones of England to make their way to Westminster once news of Edward's death had spread.And again, many of them likely stuck around during the interregnum [snip]"

Carol responds:

Exactly. All the people summoned to the Parliament that would have been held for Edward V (except the few who had received notices of cancellation) would have been present when the petition was presented and would have attended Richard's coronation about ten days later. Does anyone have a copy of "The Coronation of Richard III: The Extant Documents"? A review of the book states that "3,000 nobles, gentry, knights, and prominent common people [were] in attendance." True, some of them were female, but that's more than enough men for a Parliament.
http://murreyandblue.wordpress.com/2014/07/05/book-review-the-coronation-of-richard-iii-the-extant-documents-by-anne-f-sutton-and-p-w-hammond/
The book actually lists the nobles who were there, but I don't own it so I can't quote the list.

At any rate, this one instance in which we don't need to guess. The coronation is well documented, so we know how many people stuck around. Many of these same people would have attended Richard's only Parliament. Whether we have the names of those who were invited, I don't know, only that Catesby was elected speaker to honor Richard. And the attainder passed against Buckingham and others would indicate who *wasn't" there.

Other lists, such as the priests who petitioned Richard (based on his known good character) and perhaps the list of judges for the Colyngbourne trial would give some idea of the members of Richard's Parliament, who seem to have unanimously passed TR. Sadly, they would have included Thomas, Lord Stanley. Whether Northumberland was present or remained in the North, I don't know, but his loyalty at that point was not in question as far as I know.

Carol

Re: Repeal of TR (was Richmond)

2014-07-16 17:36:31
justcarol67
Doug wrote:

If I remember correctly, the *original* petition to Richard was drawn up by those members of Parliament who were in London in June of 1483 and it was on the basis of *that* petition that Richard assumed the throne.However, as the original petition hadn't been presented by a proper Parliament, during Richard's first Parliament TR, which was the original petition just put into Parliamentary format, was introduced and passed.I think.

Carol responds:

Exactly. If anyone has trouble understanding the original TR and is put off by the language, there's a translation into modern English here: Modern and Annotated - Titulus Regius

"Where . . . before the consecration, coronation, and enthronement of our Sovereign Lord the King Richard the Third, a roll of parchment, containing in writing certain articles of the wording underwritten, on the behalf and in the name of the three estates of this realm of England, that is to wit, of the Lords Spiritual and Temporal, and of the Commons, by many and diverse persons of the Commons in great multitude was presented and actually delivered unto our said Sovereign Lord the King, to the intent and effect expressed at large in the same Roll; to the which Roll . . . our said Sovereign Lord, for the public well-being and tranquillity of this land, benignly assented

"Now forasmuch as neither the said three Estates, neither the said persons, which in their name presented and delivered, as is above said, the said Roll unto our said Sovereign Lord the King, were assembled in form of Parliament; by occasion whereof, diverse doubts, questions and ambiguities, being moved and engendered in the minds of diverse persons, as it is said:

"Now forasmuch as neither the said three Estates, neither the said persons, which in their name presented and delivered, as is above said, the said Roll unto our said Sovereign Lord the King, were assembled in form of Parliament; by occasion whereof, diverse doubts, questions and ambiguities, being moved and engendered in the minds of diverse persons, as it is said:

"Therefore, to the perpetual memory of the truth, and declaration of the same, be it ordained, provided and established in this present Parliament, that the wording of the said Roll . . . now by the same three Estates assembled in this present Parliament, and by authority of the same, be ratified, enrolled, recorded, approved and authorised, into removing the occasion of doubts and ambiguities, and to all other lawful effect that shall and must thereof ensue; so that all things said, affirmed, specified, desired and remembered in the said Roll . . . be of like effect, virtue and force, as if all the same things had been so said, affirmed, specified, desired and remembered in a full Parliament, and by authority of the same accepted and approved."

In other words, although a great multitude of the commons, on behalf of the Three Estates, petitioned Richard to become kind and he benignly assented, the fact that they weren't an official Parliament caused doubts to arise in the minds of certain people. To remove those doubts, the same Three Estates, assembled in an official Parliament, now declare that the petition will have the same effect as if it had been passed in a full Parliament in the first place.

Many people think of TR as *just* the quoted petition to Richard, but the preliminaries, which explain why the Three Estates are officially enacting it, are equally important.

I hope that this quoted passage fully answers this question and removes all doubts that it is an act and that it was assembled in a full Parliament, which, of course, was the whole point of the preamble.

Carol


Modern and Annotated - Titulus Regius An Act for the Settlement of the Crown upon the King and his descendents, with a restatement of his title. View on web.archive.org Preview by Yahoo


Re: Repeal of TR (was Richmond)

2014-07-16 17:58:20
justcarol67
Doug wrote :

"Carol,I must sheepishly admit I only skimmed over the contents of the link you provided and completely missed the opening line. Then I missed it again when I viewed the copy I saved quite a while ago!In my defense I can only say that it was because I was so intent on the contents--still, talk of embarrassing...My original thoughts about all of this was based on knowing the difference between a "Bill of Attainder" and an "Act of Attainder", with the former merely being a piece of proposed legislation and the latter the legislation itself. When I saw "bill" being referenced in the repeal, I thought I'd struck the mother lode, but apparently *that* vein is only "fool's gold"...DougWho's sttill trying to worry out what, if any, is the difference between "recognizing" the existence of a legal state (illegitimacy) and enacting legislation that places a person, or persons, in that legal state and just which of the two TR is."

Carol responds:

Hi, Dour, er, Doug. I have a feeling that you're not alone in having just skimmed the contents, which is why I copied the paragraphs in modern spelling. I think we've answered most of the questions that arose during this discussion (which, by the way, reinforces the importance of original documents as opposed to chronicles or modern interpretations of Richard's actions and motives in finding the real Richard III), but I hope that someone else (Marie? Johanne?) will answer that last question. All I can do is quote that particular passage in modern English, bolding key passages, and hope that someone with legal expertise will analyze it:

"And here we consider how that the said feigned marriage between the above named King Edward and Elizabeth Grey (Elizabeth Woodville) was made of great presumption, without the knowing assent of the Lords of this Land, and also by Sorcery and Witchcraft, committed by the said Elizabeth and her mother Jacquetta Duchess of Bedford, as the common opinion of the people, and the public voice and same is through all this Land; and hereafter, if and as the case shall require, shall be proved sufficiently in time and place convenient

"And here also we consider how that said feigned marriage was made privately and secretly, without edition of banns, in a private chamber, a profane place, and not openly in the face of the Church, after the law of God's Church, but contrary thereunto, and the laudable custom of the Church of England [i.e., the Catholic Church in England].

"And how also, that at the time of contract of the same feigned Marriage, and before and a long time after, the said King Edward was and stayed married and troth plight to one Dame Eleanor Butler, Daughter of the old Earl of Shrewsbury, with whom the same King Edward had made a precontract of matrimony, a long time before he made the said feigned Mariage with the said Elizabeth Grey, in manner and form above said."

Oh ho ho! The modern translation, from a Tudor site, omits the key paragraphs, which I'll have to quote from the original:

"Which premisses being true, as in veray trouth they been true, it appearreth and foloweth evidently, that the said King Edward duryng his lif, and the seid Elizabeth, lived together sinfully and dampnably in adultery, against the Lawe of God and of his Church . . . . Also it appeareth evidently and followeth, that all th'Issue and Children of the seid King Edward, been Bastards, and unable to inherite or to clayme any thing by Inheritance, by the Lawe and Custome of Englond."


I'll provide my own "translation":


"Which premises being true, as in very truth they are true, it appears and follows evidently that the said King Edward during his life, and the said Elizabeth, lived together sinfully and damnably in adultery against the Law of God and His Church . . . . Also it appears evidently and follows that all the issue and children of the said King Edward were bastards and unable to inherit or to claim anything by inheritance by the law and custom of England."


I leave it to others to determine whether this deduction amounts to a declaration of illegitimacy or the recognition of an existing state (I think the latter) and whether that makes a difference.


Carol

Re: Repeal of TR (was Richmond)

2014-07-16 18:16:39
Alistair Potts
Hi everyone - just to say that the url is working again now, sorry it was down.
Full text of Titulus Regius at http://partyparcel.co.uk/
(I am going to get a proper domain name, but the above will still redirect correctly.)

On 16 July 2014 17:58, justcarol67@... [] <> wrote:
This message is eligible for Automatic Cleanup! () Add cleanup rule | More info

 

Doug wrote :


"Carol,I must sheepishly admit I only skimmed over the contents of the link you provided and completely missed the opening line. Then I missed it again when I viewed the copy I saved quite a while ago!In my defense I can only say that it was because I was so intent on the contents--still, talk of embarrassing...My original thoughts about all of this was based on knowing the difference between a "Bill of Attainder" and an "Act of Attainder", with the former merely being a piece of proposed legislation and the latter the legislation itself. When I saw "bill" being referenced in the repeal, I thought I'd struck the mother lode, but apparently *that* vein is only "fool's gold"...DougWho's sttill trying to worry out what, if any, is the difference between "recognizing" the existence of a legal state (illegitimacy) and enacting legislation that places a person, or persons, in that legal state and just which of the two TR is."

Carol responds:

Hi, Dour, er, Doug. I have a feeling that you're not alone in having just skimmed the contents, which is why I copied the paragraphs in modern spelling. I think we've answered most of the questions that arose during this discussion (which, by the way, reinforces the importance of original documents as opposed to chronicles or modern interpretations of Richard's actions and motives in finding the real Richard III), but I hope that someone else (Marie? Johanne?) will answer that last question. All I can do is quote that particular passage in modern English, bolding key passages, and hope that someone with legal expertise will analyze it:

"And here we consider how that the said feigned marriage between the above named King Edward and Elizabeth Grey (Elizabeth Woodville) was made of great presumption, without the knowing assent of the Lords of this Land, and also by Sorcery and Witchcraft, committed by the said Elizabeth and her mother Jacquetta Duchess of Bedford, as the common opinion of the people, and the public voice and same is through all this Land; and hereafter, if and as the case shall require, shall be proved sufficiently in time and place convenient

"And here also we consider how that said feigned marriage was made privately and secretly, without edition of banns, in a private chamber, a profane place, and not openly in the face of the Church, after the law of God's Church, but contrary thereunto, and the laudable custom of the Church of England [i.e., the Catholic Church in England].

"And how also, that at the time of contract of the same feigned Marriage, and before and a long time after, the said King Edward was and stayed married and troth plight to one Dame Eleanor Butler, Daughter of the old Earl of Shrewsbury, with whom the same King Edward had made a precontract of matrimony, a long time before he made the said feigned Mariage with the said Elizabeth Grey, in manner and form above said."

Oh ho ho! The modern translation, from a Tudor site, omits the key paragraphs, which I'll have to quote from the original:

"Which premisses being true, as in veray trouth they been true, it appearreth and foloweth evidently, that the said King Edward duryng his lif, and the seid Elizabeth, lived together sinfully and dampnably in adultery, against the Lawe of God and of his Church . . . . Also it appeareth evidently and followeth, that all th'Issue and Children of the seid King Edward, been Bastards, and unable to inherite or to clayme any thing by Inheritance, by the Lawe and Custome of Englond."


I'll provide my own "translation":


"Which premises being true, as in very truth they are true, it appears and follows evidently that the said King Edward during his life, and the said Elizabeth, lived together sinfully and damnably in adultery against the Law of God and His Church . . . . Also it appears evidently and follows that all the issue and children of the said King Edward were bastards and unable to inherit or to claim anything by inheritance by the law and custom of England."


I leave it to others to determine whether this deduction amounts to a declaration of illegitimacy or the recognition of an existing state (I think the latter) and whether that makes a difference.


Carol

 





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Re: Repeal of TR (was Richmond)

2014-07-16 18:24:02
Hilary Jones
To all: Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife. Yes, Richard was offered the Crown by they Three Estates, but were there sufficient of particularly the Third Estate to consititute a proper quorum - you couldn't say 10 bishops, 15 nobles and 3 MPs was legitimate (I'm making these numbers up) for example, and it took quite a bit of time to get MPs from all corners of the realm to Westminster, they couldn't just jump on a train. Yes the Parliament of 1484 was legitmate, but they could hardly say 'hang on Richard old boy we don't actually agree with what you were offered, so we won't pass this Act. Go away whilst we have another think.'. And there was one other issue which was that the Speaker was normally an MP - Catesby wasn't. It's just an interesting legal point which Doug has raised. In the end of course it matters little, though one could construe that Henry's reluctance to repeal it completely indicated that at least one of those concerned might still be alive? This is Baldwin's other point. H

Re: Repeal of TR (was Richmond)

2014-07-16 22:03:54
ricard1an
I think I have read that many of the people who had come to London for Edward of Westminster's cancelled coronation stayed and those who had not actually arrived came to attend Richards. Maybe lots of them were actually on their way when Stillington/ Catesby broke the news of the pre-contract so would have arrived early for July 6th. It may have been Annette who wrote about it, however, I am not sure about that.
Mary

Re: Repeal of TR (was Richmond)

2014-07-16 22:23:20
justcarol67

Hilary wrote :

"Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife. "Yes, Richard was offered the Crown by they Three Estates, but were there sufficient of particularly the Third Estate to consititute a proper quorum - you couldn't say 10 bishops, 15 nobles and 3 MPs was legitimate (I'm making these numbers up) for example, and it took quite a bit of time to get MPs from all corners of the realm to Westminster, they couldn't just jump on a train. [snip]" Carol responds:

As I said before, the Three Estates were already in London for Edward V's never-convened Parliament--as Baldwin ought to know. And as TR itself says, a "great multitude" of the Commons offered the crown to Richard, and as "The Coronation of Richard III: The Extant Documents" apparently says (I could only quote the review), at least 3,000 knights, nobles, and commons attended the coronation. They would already have been in town when the crown was offered to Richard ten days earlier. That happened, if I recall correctly, on the very day when Edward V's Parliament was supposed to have been held.

I think that Baldwin is raising a non-issue here. But I agree with him that the repeal was invalid and probably illegal, especially the destruction of an act of Parliament read or unread. Unfortunately for Richard's reputation, that made no difference to Henry, his Parliament, or those who dared not keep or publicize their copies of TR. It took Sir George Buck to find and publicize the one known copy, too late for any followers of Richard to clear his name.

But absolutely, neither Henry nor his Parliament wanted the truth about the document they were destroying known. It would undermine Henry's claim (and his wife's legitimacy if, as the former Yorkists wished, he married EoY). Henry didn't want the situation investigated and he prevented Stillington from testifying. Even if the outcome proved favorable for EoY, the investigation would call attention to her brothers, whose fate he never discovered. (On that point, I agree with Baldwin.)


Re: Repeal of TR (was Richmond)

2014-07-16 22:43:13
justcarol67

Alistair wrote:

---In , <alistair.potts@...> wrote :

Hi everyone - just to say that the url is working again now, sorry it was down.
Full text of Titulus Regius at http://partyparcel.co.uk/
(I am going to get a proper domain name, but the above will still redirect correctly.)
Carol responds:

Thank you very much. Can you also supply the missing paragraphs in the modern version of Richard's Titulus Regius? Sorry I called it a Tudor site; I thought the omission was intentional! (Only a person familiar with the original would know that those very important words were omitted. Very clever, I thought, but I see now that it must have been an oversight.)

The missing paragraphs, in case you can't find my earlier post thanks to Yahoo's mismanagement, are the ones that read (in the original):

"Which premisses being true, as in veray trouth they been true, it appearreth and foloweth evidently, that the said King Edward duryng his lif, and the seid Elizabeth, lived together sinfully and dampnably in adultery, against the Lawe of God and of his Church; and therfore noo marvaile that the Souverain Lord and the head of this Land, being of such ungoldy disposicion, and provokyng the ire and indinacion of oure Lord God, such haynous mischieffs and inconvenients, as is above remembred, were used and comitted in the Reame amongs the Subgectts.

"Also it appeareth evidently and followeth, that all th'Issue and Children of the seid King Edward, been Bastards, and unable to inherite or to clayme any thing by Inheritance, by the Lawe and Custome of Englond."


You're welcome to use my version (from the previous post) of the modern reading if you like. By the way, you also have a typo ("ungoldy" for "ungodly") in the original version, which I corrected in my quotation.


Carol


Re: Repeal of TR (was Richmond)

2014-07-17 07:41:40
SandraMachin
It always surprises me that Stillington managed to live to 1491. OK, he was imprisoned, but not until after Lambert Simnel. So he was free to roam for two years until then, and must have been perceived as a danger to Henry's peace of mind and EoY's legitimacy. I would have thought that, given what he knew and was likely to say, even in clink, Henry would have seen he met with a mysterious end long before then. Was it simply that Stillington was a man of God? I'm not too sure Henry had that many scruples...yet he left Stillington behind bars. Or maybe Henry had yet to toughen up to become the disagreeable chap we know and don't love. Am I missing something here? Sandra =^..^= From: mailto: Sent: Wednesday, July 16, 2014 10:23 PM To: Subject: Re: Repeal of TR (was Richmond)

Hilary wrote :

"Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife. "Yes, Richard was offered the Crown by they Three Estates, but were there sufficient of particularly the Third Estate to consititute a proper quorum - you couldn't say 10 bishops, 15 nobles and 3 MPs was legitimate (I'm making these numbers up) for example, and it took quite a bit of time to get MPs from all corners of the realm to Westminster, they couldn't just jump on a train. [snip]" Carol responds:

As I said before, the Three Estates were already in London for Edward V's never-convened Parliament--as Baldwin ought to know. And as TR itself says, a "great multitude" of the Commons offered the crown to Richard, and as "The Coronation of Richard III: The Extant Documents" apparently says (I could only quote the review), at least 3,000 knights, nobles, and commons attended the coronation. They would already have been in town when the crown was offered to Richard ten days earlier. That happened, if I recall correctly, on the very day when Edward V's Parliament was supposed to have been held.

I think that Baldwin is raising a non-issue here. But I agree with him that the repeal was invalid and probably illegal, especially the destruction of an act of Parliament read or unread. Unfortunately for Richard's reputation, that made no difference to Henry, his Parliament, or those who dared not keep or publicize their copies of TR. It took Sir George Buck to find and publicize the one known copy, too late for any followers of Richard to clear his name.

But absolutely, neither Henry nor his Parliament wanted the truth about the document they were destroying known. It would undermine Henry's claim (and his wife's legitimacy if, as the former Yorkists wished, he married EoY). Henry didn't want the situation investigated and he prevented Stillington from testifying. Even if the outcome proved favorable for EoY, the investigation would call attention to her brothers, whose fate he never discovered. (On that point, I agree with Baldwin.)


Re: Repeal of TR (was Richmond)

2014-07-17 10:16:09
Hilary Jones
Don't think you are. And our Reggie was quick to mop up Stillington's London properties for MB through a lawsuit (didn't think bishops could hold land BTW). Stillington did play the odd game of course by taking refuge in Oxford till they got cold feet. But was it more as Marie surmises, that as an able lawyer (and he was) he drafted TR, and it was someone else who came up with the actual story? And we're back to the fact that any discussion on TR, albeit in Parliament or to punish someone, would be bound to embarrass Henry because of the situation of his wife. He couldn't win. H

On Thursday, 17 July 2014, 7:41, "'SandraMachin' sandramachin@... []" <> wrote:


It always surprises me that Stillington managed to live to 1491. OK, he was imprisoned, but not until after Lambert Simnel. So he was free to roam for two years until then, and must have been perceived as a danger to Henry's peace of mind and EoY's legitimacy. I would have thought that, given what he knew and was likely to say, even in clink, Henry would have seen he met with a mysterious end long before then. Was it simply that Stillington was a man of God? I'm not too sure Henry had that many scruples...yet he left Stillington behind bars. Or maybe Henry had yet to toughen up to become the disagreeable chap we know and don't love. Am I missing something here? Sandra =^..^= From: mailto: Sent: Wednesday, July 16, 2014 10:23 PM To: Subject: Re: Repeal of TR (was Richmond) Hilary wrote :

"Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife. "Yes, Richard was offered the Crown by they Three Estates, but were there sufficient of particularly the Third Estate to consititute a proper quorum - you couldn't say 10 bishops, 15 nobles and 3 MPs was legitimate (I'm making these numbers up) for example, and it took quite a bit of time to get MPs from all corners of the realm to Westminster, they couldn't just jump on a train. [snip]" Carol responds:

As I said before, the Three Estates were already in London for Edward V's never-convened Parliament--as Baldwin ought to know. And as TR itself says, a "great multitude" of the Commons offered the crown to Richard, and as "The Coronation of Richard III: The Extant Documents" apparently says (I could only quote the review), at least 3,000 knights, nobles, and commons attended the coronation. They would already have been in town when the crown was offered to Richard ten days earlier. That happened, if I recall correctly, on the very day when Edward V's Parliament was supposed to have been held.

I think that Baldwin is raising a non-issue here. But I agree with him that the repeal was invalid and probably illegal, especially the destruction of an act of Parliament read or unread. Unfortunately for Richard's reputation, that made no difference to Henry, his Parliament, or those who dared not keep or publicize their copies of TR. It took Sir George Buck to find and publicize the one known copy, too late for any followers of Richard to clear his name.

But absolutely, neither Henry nor his Parliament wanted the truth about the document they were destroying known. It would undermine Henry's claim (and his wife's legitimacy if, as the former Yorkists wished, he married EoY). Henry didn't want the situation investigated and he prevented Stillington from testifying. Even if the outcome proved favorable for EoY, the investigation would call attention to her brothers, whose fate he never discovered. (On that point, I agree with Baldwin.)




Re: Repeal of TR (was Richmond)

2014-07-17 15:33:58
janjovian

I am really enjoying this discussion.

Stillington is such an enigma. He drafted TR, and we presume that the basis of it was a true one, in which case he is a completely loose cannon with the knowledge he has, if he is left alive.

Even if one is to take an anti Richard stance and believe that the whole Edward / Eleanor Butler matter was a fabrication, (which of course I don't) then in that case Stillington was in effect plotting against Henry.

Perhaps by just forgetting about TR and not repealing it, and by not drawing any attention to Stillington, Henry hoped the whole matter would go away.


All very curious,


Jess


Repeal of TR (was Richmond)

2014-07-17 16:14:21
Douglas Eugene Stamate
Carol wrote: //snip// "I leave it to others to determine whether this deduction amounts to a declaration of illegitimacy or the recognition of an existing state (Ithink the latter) and whether that makes a difference." Doug here: Yup, stymied, we are. Oh well, not the first time! Doug who'll have a check on Wiki to see what leads, if any, might be garnered from footnotes.

Repeal of TR (was Richmond)

2014-07-17 17:46:47
Douglas Eugene Stamate
Hilary wrote: "Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife." Doug here: Sort of a version of what Edward IV did in regards to the Countess, eh? Plus the fact that *Parliament* didn't, yet, have the legal right to pass legislation concerning the legality, or illegality, of a marriage - that still belonged to the Church. A repeal of TR, even properly done, would only have put the situation back to where it was in June of 1483, with serious doubts about the validity of the marriage between Edward and Elizabeth, and thus the legitimacy of their children. And the only way for said doubts to be removed would be for the Church to be presented with the same evidence and then give a ruling... Hilary continued: "Yes, Richard was offered the Crown by the Three Estates, but were there sufficient of particularly the Third Estate to constitute a proper quorum - you couldn't say 10 bishops, 15 nobles and 3 MPs was legitimate (I'm making these numbers up) for example, and it took quite a bit of time to get MPs from all corners of the realm to Westminster, they couldn't just jump on a train." Doug here: I believe a proper quorum for a meeting of the Three Estates might likely have run into the thousands because: 1) As Carol mentioned in her post, approximately 3000 people attended Richard's coronation. Allowing for women to make up half that number, we're left with 1500 males in that throng who could have been elegible to be members of the "Three Estates" which drew up the petition. 2) How many Lords Spiritual (Bishops and Abbots holding the right to attend Parliament) and how many Lords Temporal were at Richard's coronation in 1483? 3) Subtract that from 1500 and what's left would be the approximate number of males who could constitute the "Commons" portion of the "Three Estates" because, if I understand correctly (talk about leaving oneself an "out"!), while the term "Three Estates" does refer to Lords Spiritual, Lords Temporal and members of the Commons, the "Commons" referred to isn't the same as the *House* of Commons. In regards to the Three Estates, the "Commons" meant *anyone* who wasn't a member of the first two orders but *was* eligible to sit in the House of Commons in Parliament. I presume that would be anyone who held the right to vote and there would likely be quite a few of *those* in London and its immediate environs in June of 1483. Hilary continued: "Yes the Parliament of 1484 was legitimate, but they could hardly say 'hang on Richard old boy we don't actually agree with what you were offered, so we won't pass this Act. Go away whilst we have another think.' And there was on other issue which was that the Speaker was normally an MP - Catesby wan't." Doug here: Do we have any records of any debates, etc from the 1484 Parliament? Because that would be the best way to settle whether TR was discussed or just introduced and passed. I'm not clear about the workings of Parliament, but wouldn't *any* Bill have to go through a committee first? Or was that only really developed under Pym and Co? The phrase "the Speaker was *normally* an MP" says to me that Catesby's *not* being an MP wasn't viewed as unusual. Was Catesby ever elected an MP? Did he retain the Speakership or only hold it for this particular session? Hilary concluded: "It's just an interesting legal point which Doug has raised. In the end of course it matters little, though one could construe that Henry's reluctance to repal it completely indicated that at least on of those concerned might be alive? This is Baldwin's other point." Doug here: What I particularly find it interesting is that the text of TR has been available since the early 17th century yet, seemingly, no historian has grasped that it wasn't TR that "declared" Edward's children illegitimate, it was the laws of the Church; if anything, all TR did was recognize that situation (IMO). To repeal TR properly would have required publicizing the contents and, if TR was viewed *then* as many view it *now*, so public an action would likely raise questions Henry couldn't answer. Doug

Re: Repeal of TR (was Richmond)

2014-07-17 22:18:43
Durose David
Sandra,
I think your logic is impeccable, Stillington was released by Henry - in my opinion he would have met the same fate as Catesby if he had not been a bishop.

Once released he proceeded to do everything he could do to injure Henry, including supporting an armed rebellion.

If there was any danger to Henry from the 'secret' of TR, Stillington would have used it. The country at that time was awash with people who knew the details of TR, so the idea that it was like some dangerous holy text is ludicrous.

Remember, Richard had TR read out to the garrison of Calais, with the result that they defected to Henry.

Kind regards
David



Sent from Yahoo Mail for iPad
From: 'SandraMachin' sandramachin@... [] <>;
To: <>;
Subject: Re: Re: Repeal of TR (was Richmond)
Sent: Thu, Jul 17, 2014 6:41:25 AM

 

It always surprises me that Stillington managed to live to 1491. OK, he was imprisoned, but not until after Lambert Simnel. So he was free to roam for two years until then, and must have been perceived as a danger to Henry's peace of mind and EoY's legitimacy. I would have thought that, given what he knew and was likely to say, even in clink, Henry would have seen he met with a mysterious end long before then. Was it simply that Stillington was a man of God? I'm not too sure Henry had that many scruples...yet he left Stillington behind bars. Or maybe Henry had yet to toughen up to become the disagreeable chap we know and don't love. Am I missing something here?   Sandra =^..^=   From: mailto: Sent: Wednesday, July 16, 2014 10:23 PM To: Subject: Re: Repeal of TR (was Richmond)    

Hilary wrote :

"Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife.   "Yes, Richard was offered the Crown by they Three Estates, but were there sufficient of particularly the Third Estate to consititute a proper quorum - you couldn't say 10 bishops, 15 nobles and 3 MPs was legitimate (I'm making these numbers up) for example, and it took quite a bit of time to get MPs from all corners of the realm to Westminster, they couldn't just jump on a train. [snip]"  Carol responds:

As I said before, the Three Estates were already in London for Edward V's never-convened Parliament--as Baldwin ought to know. And as TR itself says, a "great multitude" of the Commons offered the crown to Richard, and as "The Coronation of Richard III: The Extant Documents" apparently says (I could only quote the review), at least 3,000 knights, nobles, and commons attended the coronation. They would already have been in town when the crown was offered to Richard ten days earlier. That happened, if I recall correctly, on the very day when Edward V's Parliament was supposed to have been held.

I think that Baldwin is raising a non-issue here. But I agree with him that the repeal was invalid and probably illegal, especially the destruction of an act of Parliament read or unread. Unfortunately for Richard's reputation, that made no difference to Henry, his Parliament, or those who dared not keep or publicize their copies of TR. It took Sir George Buck to find and publicize the one known copy, too late for any followers of Richard to clear his name.

But absolutely, neither Henry nor his Parliament wanted the truth about the document they were destroying known. It would undermine Henry's claim (and his wife's legitimacy if, as the former Yorkists wished, he married EoY). Henry didn't want the situation investigated and he prevented Stillington from testifying. Even if the outcome proved favorable for EoY, the investigation would call attention to her brothers, whose fate he never discovered. (On that point, I agree with Baldwin.)


Re: Repeal of TR (was Richmond)

2014-07-18 03:34:13
justcarol67



Sandra wrote :


It always surprises me that Stillington managed to live to 1491. OK, he was imprisoned, but not until after Lambert Simnel. [snip]
Carol responds:

Actually, one of Henry's first actions after Bosworth was to arrest Stillington. He later pardoned him, supposedly because of his great age, but he (or Parliament) made sure that Stillington didn't testify regarding Titulus Regius, which they wanted to suppress rather than disprove.

Carol

Repeal of TR (was Richmond)

2014-07-18 15:55:22
Douglas Eugene Stamate
David wrote: //snip// "Remember, Richard had TR read out to the garrison of Calais, with the result that they defected to Henry." Doug here: TR was passed in January of 1484. When did the garrison defect to Henry? Doug

Repeal of TR (was Richmond)

2014-07-18 15:56:13
Douglas Eugene Stamate
Sandra wrote: "It always surprises me that Stillington managed to live to 1481. Ok, he was imprisoned, but not until after Lambert Simnel. So he was free to roam for two years until then and *must* have been perceived as a danger to Henry's peace of mind and EoY's legitimacy. I would have thought that, given what he knew and was likely to say,, even in clink, Henry would have seen he met with a mysterious end long before then. Was it simply that Stillington was a man of God? I'm not too sure Hnery had that many scruples...yet he left Stillington behind bars. Or maybe Henry had yet to toughen up to become the disagreeable chap we know and donn't love. Am I missing something?" Doug here: I have the impression that I read *somewhere* that when Stillington gave his evidence to the Council in May 1483, he also provided "proof(s)" - which would mean, to me anyway, some sort of documentary evidence that Edward *was* married to Eleanor Butler. If the above represents the true state of affairs, perhaps Henry didn't imprison Stillington because the good bishop turned over the documents he'd used at that Council meeting and still held? Then, when the Simnel rebellion broke out, Henry decided that enough people might listen to Stillington, even minus documentary proof, should he speak out on what he knew about Edward and Eleanor's marriage - hence the imprisonment. Once in prison, and guarded by people Henry trusted, what harm could Stillington, without any proof to back up his claims, cause? Doug

Re: Repeal of TR (was Richmond)

2014-07-18 16:19:40
SandraMachin
Doug wrote: Once in prison, and guarded by people Henry trusted, what harm could Stillington, without any proof to back up his claims, cause? Sandra can't resist replying: Send mischievous secret messages tied to the leg of a raven? Sorry! But it's Friday, and a little levity has crept into me.... =^..^= From: mailto: Sent: Thursday, July 17, 2014 7:11 PM To: Cc: Doug Stamate Subject: Repeal of TR (was Richmond)

Sandra wrote: "It always surprises me that Stillington managed to live to 1481. Ok, he was imprisoned, but not until after Lambert Simnel. So he was free to roam for two years until then and *must* have been perceived as a danger to Henry's peace of mind and EoY's legitimacy. I would have thought that, given what he knew and was likely to say,, even in clink, Henry would have seen he met with a mysterious end long before then. Was it simply that Stillington was a man of God? I'm not too sure Hnery had that many scruples...yet he left Stillington behind bars. Or maybe Henry had yet to toughen up to become the disagreeable chap we know and donn't love. Am I missing something?" Doug here: I have the impression that I read *somewhere* that when Stillington gave his evidence to the Council in May 1483, he also provided "proof(s)" - which would mean, to me anyway, some sort of documentary evidence that Edward *was* married to Eleanor Butler. If the above represents the true state of affairs, perhaps Henry didn't imprison Stillington because the good bishop turned over the documents he'd used at that Council meeting and still held? Then, when the Simnel rebellion broke out, Henry decided that enough people might listen to Stillington, even minus documentary proof, should he speak out on what he knew about Edward and Eleanor's marriage - hence the imprisonment. Once in prison, and guarded by people Henry trusted, what harm could Stillington, without any proof to back up his claims, cause? Doug

Re: Repeal of TR (was Richmond)

2014-07-18 16:28:11
SandraMachin
I understood that TR was read out in January 1484, and that it was the smaller outlier garrison at Hammes that defected ten months later in December that same year. Remember, Hammes was recaptured, but the garrison not punished. Kind regards Sandra =^..^= From: mailto: Sent: Thursday, July 17, 2014 10:16 PM To: Subject: Re: Re: Repeal of TR (was Richmond)

Sandra,
I think your logic is impeccable, Stillington was released by Henry - in my opinion he would have met the same fate as Catesby if he had not been a bishop.

Once released he proceeded to do everything he could do to injure Henry, including supporting an armed rebellion.

If there was any danger to Henry from the 'secret' of TR, Stillington would have used it. The country at that time was awash with people who knew the details of TR, so the idea that it was like some dangerous holy text is ludicrous.

Remember, Richard had TR read out to the garrison of Calais, with the result that they defected to Henry.

Kind regards
David



Sent from Yahoo Mail for iPad From: 'SandraMachin' sandramachin@... [] <>;
To: <>;
Subject: Re: Re: Repeal of TR (was Richmond)
Sent: Thu, Jul 17, 2014 6:41:25 AM

It always surprises me that Stillington managed to live to 1491. OK, he was imprisoned, but not until after Lambert Simnel. So he was free to roam for two years until then, and must have been perceived as a danger to Henry's peace of mind and EoY's legitimacy. I would have thought that, given what he knew and was likely to say, even in clink, Henry would have seen he met with a mysterious end long before then. Was it simply that Stillington was a man of God? I'm not too sure Henry had that many scruples...yet he left Stillington behind bars. Or maybe Henry had yet to toughen up to become the disagreeable chap we know and don't love. Am I missing something here? Sandra =^..^= From: mailto: Sent: Wednesday, July 16, 2014 10:23 PM To: Subject: Re: Repeal of TR (was Richmond) Hilary wrote :

"Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife. "Yes, Richard was offered the Crown by they Three Estates, but were there sufficient of particularly the Third Estate to consititute a proper quorum - you couldn't say 10 bishops, 15 nobles and 3 MPs was legitimate (I'm making these numbers up) for example, and it took quite a bit of time to get MPs from all corners of the realm to Westminster, they couldn't just jump on a train. [snip]" Carol responds:

As I said before, the Three Estates were already in London for Edward V's never-convened Parliament--as Baldwin ought to know. And as TR itself says, a "great multitude" of the Commons offered the crown to Richard, and as "The Coronation of Richard III: The Extant Documents" apparently says (I could only quote the review), at least 3,000 knights, nobles, and commons attended the coronation. They would already have been in town when the crown was offered to Richard ten days earlier. That happened, if I recall correctly, on the very day when Edward V's Parliament was supposed to have been held.

I think that Baldwin is raising a non-issue here. But I agree with him that the repeal was invalid and probably illegal, especially the destruction of an act of Parliament read or unread. Unfortunately for Richard's reputation, that made no difference to Henry, his Parliament, or those who dared not keep or publicize their copies of TR. It took Sir George Buck to find and publicize the one known copy, too late for any followers of Richard to clear his name.

But absolutely, neither Henry nor his Parliament wanted the truth about the document they were destroying known. It would undermine Henry's claim (and his wife's legitimacy if, as the former Yorkists wished, he married EoY). Henry didn't want the situation investigated and he prevented Stillington from testifying. Even if the outcome proved favorable for EoY, the investigation would call attention to her brothers, whose fate he never discovered. (On that point, I agree with Baldwin.)


Re: Repeal of TR (was Richmond)

2014-07-18 16:56:38
Durose David
Doug,
October 1484 Richard sent forces to Hammes - Oxford and Sir James Bount escape. There followed a siege and the garrison was allowed to leave and join Henry, by then in France.

Kind regards
David

Sent from Yahoo Mail for iPad
From: 'Douglas Eugene Stamate' destama@... [] <>;
To: <>;
Cc: Doug Stamate <destama@...>;
Subject: Repeal of TR (was Richmond)
Sent: Fri, Jul 18, 2014 3:57:33 PM

 

David wrote: //snip// "Remember, Richard had TR read out to the garrison of Calais, with the result that they defected to Henry."   Doug here: TR was passed in January of 1484. When did the garrison defect to Henry? Doug  

Re: Repeal of TR (was Richmond)

2014-07-18 17:00:16
Durose David
Carol,

Yes, the arrest of Stillington was ordered immediately after Bosworth, but this can not be construed or presented as an attempt to suppress TR. It was because he had been involved in many events contrary to the interests of HT and his future wife.

I will bow to Hilary's greater knowledge and concede that Stillington may have not actually travelled to Brittany, but he is named in connection with the 1476 attempt that almost cost Henry his life.

It is also significant that once Richard was dead and it became apparent that there was no obvious remains of the Princes, Yorkist plotting centred on the boys that had been declared illegitimate
- so they (the remaining Yorkists) were not worried about TR either.

Kind regards
David

From: justcarol67@... [] ;
To: ;
Subject: Re: [Richard III Society Forum] Re: Repeal of TR (was Richmond)
Sent: Fri, Jul 18, 2014 2:34:13 AM





Sandra wrote :


It always surprises me that Stillington managed to live to 1491. OK, he was imprisoned, but not until after Lambert Simnel. [snip]
 
Carol responds:

Actually, one of Henry's first actions after Bosworth was to arrest Stillington. He later pardoned him, supposedly because of his great age, but he (or Parliament) made sure that Stillington didn't testify regarding Titulus Regius, which they wanted to suppress rather than disprove.

Carol


Sent from Yahoo Mail for iPad

Re: Repeal of TR (was Richmond)

2014-07-18 19:09:48
justcarol67
Hilary wrote :

"Baldwin's point is that no proper repeal took place (ie it wasn't discussed and repealed even if the King wished it - a repeal is a formal process which ends with an Act being taken off the Statute Book) because it would raise the whole legitimacy issue, particularly surrounding Henry's wife." Carol responds:

I've already quoted this bit of Hilary's post in a previous message, but I want to raise a new point. First, as already noted, I agree with Baldwin and Hilary that Henry and his Parliament didn't want to undergo the formal process of repealing TR, including reading it and debating it. But what was suppressed in Henry's bill (sorry, act) was not only the (real or apparent) illegitimacy of Edward's children and their ineligibility to inherit the throne and other objections to the Woodville marriage, or even the additional barring of George's children resulting from their father's attainder (Henry wanted no mention of the boy he held safely in the Tower as a potential claimant to "his" throne), but Richard's own qualifications.

Not reading TR (aloud) to Parliament meant not allowing members who might not have been present to hear anything good about Richard, whom they labeled in their bill "Richard, late Duke of Glouc', and after in dede and not of right King of England, called Richard the IIId." TR, Richard's claim to the throne, showed that far from being the usurper they wished to depict him as, Richard had been *elected* king in part on the basis of his virtues. So in addition to not hearing the previously quoted passages (and the one barring Edward of Warwick from the throne), the new members of Parliament would not have heard (which, had it not been for primogeniture, would perhaps have been self-evident).

Destroying TR erased, among other things, these passages relating to Richard's right to the crown and his qualifications to be king (skip to the summary if you don't "do" medieval English):

"Over this we considre, howe that Ye be the undoubted Son and Heire of Richard late Duke of Yorke, verray enheritour to the seid Crowne and Dignite Roiall, . . . . and that at ths tyme . . . there is noon other persoune lyvyng but Ye only, that by Right may clayme the said Coroune and Dignite Royall, by way of Enheritaunce, and howe that Ye be born withyn this Lande; by reason wherof, as we deme in oure myndes, Ye be more naturally enclyned to the prosperite and commen wele of the same . . . .


"Wee considre also, the greate Wytte, Prudence, Justice, Princely Courage, and the memorable and laudable Acts in diverse Batalls, whiche as we by experience knowe Ye heretofore have done, for the salvacion and defence of this same Reame; and also the greate noblesse and excellence of your Byrth and Blode, as of hym that is descended of the thre moost Royall houses in Cristendom, that is to say, England, Fraunce, and Hispanie.


"Wherfore, these premisses by us diligently considred, we desyryng effectuously the peas, tranquillite, and wele publique of this Lande, and the reduccion of the same to the auncien honourable estate and prosperite, and havyng in youre greate Prudence, Justice, Princely Courage, and excellent Vertue, singuler confidence, have chosen in all that that in us is, and by this our Wrytyng choise You, high and myghty Prynce, into oure Kyng and Soveraigne Lorde . . . And herupon we humbly desire, pray, and require youre seid Noble Grace, that, accordyng to this Eleccion of us the Thre Estates of this Lande, as by youre true Enherritaunce, Ye will accepte and take upon You the said Crown and Royall Dignite, with all thyngs therunto annexed and apperteynyng, as to You of Right bilongyng, as wele by Enherritaunce as by lawfull Eleccion; and, in caas Ye so do, we promitte to serve and to assiste your Highnesse, as true and feithfull Subgietts and Leigemen, and to lyve and dye with You in this matter, and every other juste quarrell.. . . .


"Albeit that the Right, Title, and Estate, whiche oure Souveraigne Lord the Kyng Richard the Third, hath to and in the Crown and Roiall Dignite of this Reame of Englond, with all thyngs therunto within the same Reame, and without it, united, annexed and apperteynyng, been juste and lawefull, as grounded upon the Lawes of God and of Nature, and also upon the auncien Lawes and laudable Customes of this said Reame, and so taken and reputed by all suche persounes as ben lerned in the abovesaid Lawes and Custumes . . . .

"Therfore, at the request, and by assent of the Thre Estates of this Reame, that is to say, the Lordes Spuelx and Temporalx, and Comens of this Lande, assembled in this present Parliament, by auctorite of the same, bee it pronounced, decreed, and declared, that oure said Soveraign Lorde the Kyng was, and is, veray and undoubted Kyng of this Reame of Englond, with all thyngs therunto withyn the same Reame, and without it, united, annexed and apperteyning, as well by right of Consanguinite and Enheritaunce, as by lawefull Elleccion, Consecration, and Coronacion.. . . .[Paragraphs on the right of his heirs to succeed him follow.]"


To summarize, the Three Estates (and by implication, the present Parliament), having already eliminated other potential candidates, list Richard's qualifications: He is the undoubted son of Richard Duke or York (a possible allusion to rumors that Edward IV wasn't) and the only person qualified to claim the right to the crown by right of inheritance. They also mention his having been born in England as a reason why he would be naturally concerned for his country's welfare and prosperity.


They then list Richard's personal virtues (wit [i.e., intelligence], prudence, justice, and princely courage), along with his known actions in defense of the realm, followed by a reiteration of his birth and blood. Desiring peace, tranquility, and the public weal and having confidence in his virtues (again listed), they beg him to accept his *election* and swear to be his faithful followers.


Having asserted that Richard's right and title to the throne is just and lawful, grounded on the laws of God and Nature as well as the laws of the realm, they again assert (in a paragraph probably not present in the original bill) that Richard is the rightful king by virtue of his claim through inheritance, his election by the Three Estates, his consecration, and his coronation.


The effect of the whole is that Richard is the rightful king.


Naturally, Henry and those members of his Parliament (e.g., the Stanleys) who knew the contents of the original act and the grounds (beyond the illegitimacy of his nephews) for Richard's claim would not want these paragraphs read in Parliament.


What? the new members ask each other in astonishment. He was elected by the Three Estates on the basis of his virtues as well as his blood, viewed as the only man who could rescue the country from chaos (stated in paragraphs that I didn't quote) and that election was lawfully approved in Parliament?


Can't have that, say the Stanleys, Morton, et al. It means that Richard's claim was valid and that Henry, with the help of us traitors, overthrew the rightful king, making *him* the usurper. Nope. Let's suppress TR and its listing of Richard's claims and virtues so we can paint *him* as the usurper.


The main point here is that Richard was *elected* king by the Three Estates, his right confirmed by Parliament and by his coronation and anointing. Fighting against him was treason. For that reason, among others, Henry's Parliament chose to paint him as a usurper, making Henry the savior of England and king (having none of Richard's qualifications) by right of conquest.


It wasn't just for EoY's sake (Henry hadn't yet married her) or for fear of Edward V's (or Edward of Warwick's) claim that those in Henry's Parliament who knew the original act chose to suppress it. Every word of the act was in some way injurious to Henry.


It occurs to me that the wily Morton, or perhaps his nephew Robert, advised Henry to have his Parliament repeal TR unread. The fewer people, including (or especially) MPs, who knew the true nature of Richard's claim, the better.


Carol




Re: Repeal of TR (was Richmond)

2014-07-18 19:25:56
justcarol67
David wrote:

"f there was any danger to Henry from the 'secret' of TR, Stillington would have used it. The country at that time was awash with people who knew the details of TR, so the idea that it was like some dangerous holy text is ludicrous.

Remember, Richard had TR read out to the garrison of Calais, with the result that they defected to Henry."

Carol responds:

Please be so kind as not to label my views, which I've abundantly supported with quotations, as "ludicrous," or to put words in my mouth. "Dangerous" to Henry, yes. "Holy," no.

First, let me correct an error in your post. It was the garrison at Hammes who defected to Henry after James Blount had helped the Earl of Oxford to escape.

The garrison at Calais was under the (nominal) captaincy of Richard's illegitimate son, John of Gloucester, probably supervised by Richard's loyal lieutenant, Sir James Tyrell, governor of Guisnes. Unlike Hammes, Calais remained loyal to Richard.

TR *was* dangerous to Henry, as I've already indicated. If it were not, he would have had no objection to its being read and debated in Parliament and he would have allowed Stillington, its author, to testify, confident that its arguments could be refuted. Instead, not even Parliament was allowed to hear it read before they voted (whether under coercion or for fear of its contents) to burn it unread and punish anyone who dared to preserve a copy or even a summary.

The result of this policy was that (after the chief remaining ex-Ricardians had been killed or defeated at Stoke), nearly everyone in the country believed that Richard was a usurping tyrant and Henry Tudor was the rightful king. They also, for the most part, believed that EoY was legitimate, that her somewhat belated marriage to Henry united the Houses of York and Lancaster (though Henry made sure that his own claim was not through her), and that her brothers were dead. Exactly the state of affairs that Henry wanted, impossible had TR not been suppressed.



S



Re: Repeal of TR (was Richmond)

2014-07-18 19:41:03
justcarol67



David wrote :

"Yes, the arrest of Stillington was ordered immediately after Bosworth, but this can not be construed or presented as an attempt to suppress TR. It was because he had been involved in many events contrary to the interests of HT and his future wife."

Carol wrote:

And what event other than the writing and passing of TR could that vague description refer to? As I said before, not only was Stillington not allowed to defend TR (you would think, wouldn't you, that the Parliament would want to examine him and disprove his arguments?) but not even Parliament itself was allowed to hear the act read before they destroyed it and, following Henry's own wishes (they would not have dared to do so on their own) made it a crime to own a copy.


David wrote:

"It is also significant that once Richard was dead and it became apparent that there was no obvious remains of the Princes, Yorkist plotting centred on the boys that had been declared illegitimate - so they (the remaining Yorkists) were not worried about TR either."

Carol responds:

I'm not sure what you mean about Yorkist plotting centering on the boys having been declared illegitimate. It centered on an attempt to restore the House of York and unseat the usurping Tudor.

However, it seems significant that, although they may at first have presented Lambert Simnel (too young to represent Edward V) as Richard Duke of York, they settled on presenting him as Edward Earl of Warwick, whose attainder could easily be reversed without any bad reflection on Richard or his supporters. John, Earl of Lincoln, and Margaret of York, dowager duchess of Burgundy, may have believed that Edward's sons were dead, but they could equally well have known their whereabouts but wished to support Warwick instead, in part because he knew Lincoln well and was used to being guided by him and in part because both Lincoln and Margaret had supported Richard and would have great difficulty in overcoming the anger and resentment of Edward ex-V if they presented him as their candidate.

Carol

Re: Repeal of TR (was Richmond)

2014-07-19 08:11:47
Hilary Jones
What I find intriguing is that if Stillington just drafted the Act (which is how Marie contstrues what was written about it - wish she was here!) then where did the story come from? 'Witnesses' must have been named; so where are their names? The only obvious person executed after Bosworth was Catesby but .... perhaps as a lawyer he had that knowledge? Personally, and it is just me, I don't think Stillington was Edward's chosen witness. He was far too clever, he'd already complained directly to the Pope about a couple of things when he was just a Canon, including about the Archbishop of York. Edward wasn't daft; I would have thought he would have chosen some old dodderer of a local priest (I think Marie mentioned Dr Eborall) who was already near meeting their maker or whose 'sudden demise' (if necessary) wouldn't cause a stir. I do believe Richard believed it - he was far too upright to concoct something like this. However, with me the jury is still out as to whether things did happen as described or whether it was a very clever ploy on the part of someone to destabilise the Yorkist throne H (PS Stillington's family did very well under the Tudors) Apologies for dipping in and out - working at the moment.

Re: Repeal of TR (was Richmond)

2014-07-19 14:15:26
ricard1an
Carol, in his documentary on his book "The Winter King" Thomas Penn showed a genealogical table belonging to John Earl of Lincoln which showed the Kings of England and their heirs. Neither of the Princes were included but Richard and the Edward Earl of Warwick were. Penn felt that it signified that Lincoln believed that the Princes were illegitimate and that he was fighting for Warwick at Stoke.

Re: Repeal of TR (was Richmond)

2014-07-19 14:27:38
ricard1an
Well said Carol

Repeal of TR (was Richmond)

2014-07-19 15:08:12
Douglas Eugene Stamate
Carol wrote: "I've already quoted this bit of Hilary's post in a previous message..." //snip// Doug here: I wanted to say that your post, of which I've only included the first phrase, sums up the situation very nicely. Henry *was* definitely in a bind - any proper repeal would require not only a re-hashing of the illegitimacy question (decidedly not helpful!), but also a reading in public of a panygeric (sp?) about his immediate predecessor qualities and how those qualities fitted him for assuming the throne! Poor Henry - not! One quibble though, concerning that phrase "...the undoubted Son and Heire of Richard late Duke of York..." I wonder if we're not parsing that phrase too finely by concentrating on "Son" and ignoring "and Heire"? If I understand it correctly, there were no questions raised about Edward (V) and Richard of Shrewsbury being Edward IV's *sons,* the only question was whether or not they could *inherit* (I thought of using "heritable", but don't know if's even a word!). IOW, *both* Edward (V) and Richard were "undoubted Son(s)" of their respective fathers, Edward having acknowledged his son Edward (V) and Richard, Duke of York having done the same with Richard, but only *Richard*, being legitimate, could inherit anything - in this case the throne. If we put in the same phrasing used in TR, then Edward (V) becomes the "true son" of Edward IV but, because of his illegitimacy as set forth earlier in TR, *not* Edward's heir. Richard, however, is not only the "true son" of Richard, Duke of York, he's also, not being illegitimate, his "heir" (what with deaths, attainders, illegitimacy, etc). Or am *I* parsing it too finely? Doug

Repeal of TR (was Richmond)

2014-07-19 15:40:41
Douglas Eugene Stamate
David wrote: "It is also significant that once Richard was dead and it became apparent that there was no obvious remains of the Princes, Yorkist plotting centred on the boys that had been declared illegitimate - so they (the remaining Yorkists) were not worried about TR either." Doug here: Oh? Which group of "the remaining Yorkists" are you referring to? The *first* group of Yorkists that supported Edward IV's sons (the *only* group of Yorkists that disregarded TR), the *second* group that supported Edward of Warwick (what with attainders being easily reversible and all) or *the third group* that supported John, Earl of Lincoln (the one with *no* bars to immediately assuming the throne)? It was exactly because of that division of support that the Yorkists failed. Had they agreed on any *one* candidate, they would have been able to easily oust the Tudor usurper. Doug

Re: Repeal of TR (was Richmond)

2014-07-19 21:11:29
justcarol67



Mary wrote :

"Carol, in his documentary on his book "The Winter King" Thomas Penn showed a genealogical table belonging to John Earl of Lincoln which showed the Kings of England and their heirs. Neither of the Princes were included but Richard and the Edward Earl of Warwick were. Penn felt that it signified that Lincoln believed that the Princes were illegitimate and that he was fighting for Warwick at Stoke."

Carol responds:

I see. Now I understand David's point. I agree that John Earl of Lincoln (and possibly Margaret) would have seen the "princes" as illegitimate. After all, he was a key supporter of Richard. But I also think he would have preferred Edward of Warwick to either of Edward's sons for the reasons I stated, that Edward V would be resentful (possibly out for revenge against Lincoln and other supporters of Richard) whereas little Warwick had been his protegee and would be easy to manage for that reason and because of his age.

I've seen that genealogical table somewhere. Is the documentary online? Do you know of a still image of it? Either way, I'd appreciate a link.

At any rate, had Lincoln won at Stoke and succeeded in deposing Henry, I'm pretty sure he (as regent for Warwick) would have reinstated Titulus Regius, repealing only the portion barring Warwick from the throne. Or he might have tested the waters to see whether the Three Estates preferred him or Warwick as king. Either way, the new king would not have been a son of Edward IV, assuming that one or both were alive.

I wonder if the de la Poles in general (perhaps not the Duke of Suffolk, but Richard's sister, Elizabeth, the duchess, and her sons) believed that Richard, not Edward V, had been the rightful king. Who owned the table after Lincoln died? It would be a significant indication of Elizabeth's views if it belonged to her. And how fortunate that it wasn't destroyed!

Carol

Re: Repeal of TR (was Richmond)

2014-07-19 21:13:18
justcarol67



Mary wrote:

"Well said Carol"

Carol responds:

Thanks, but which post are you agreeing with? You didn't quote the message.

Carol

Re: Repeal of TR (was Richmond)

2014-07-19 21:22:45
justcarol67
Doug wrote:I wanted to say that your post, of which I've only included the first phrase, sums up the situation very nicely. Henry *was* definitely in a bind - any proper repeal would require not only a re-hashing of the illegitimacy question (decidedly not helpful!), but also a reading in public of a panygeric (sp?) about his immediate predecessor qualities and how those qualities fitted him for assuming the throne! . . .One quibble though, concerning that phrase "...the undoubted Son and Heire of Richard late Duke of York..."I wonder if we're not parsing that phrase too finely by concentrating on "Son" and ignoring "and Heire"? If I understand it correctly, there were no questions raised about Edward (V) and Richard of Shrewsbury being Edward IV's *sons,* the only question was whether or not they could *inherit* (I thought of using "heritable", but don't know if's even a word!). . . .
Or am *I* parsing it too finely?"

Carol responds:

Thanks for the compliment. As for your question, I'm a bit confused. I only tossed out the idea (not necessarily agreeing with it) that Parliament may have been alluding to rumors that Edward IV (not his sons) was illegitimate. The sons' illegitimacy had been thoroughly covered, but they may have wanted to emphasize that Richard, unlike his elder brother (whose legitimacy had been questioned by George of Clarence and, if I recall correctly, Warwick), was the undoubted son (and heir) of Richard Duke of York. No Blaybourne rumors in his background!

On the other hand, they may have meant nothing at all except the simple fact that as the Duke of York's only remaining son, he was his father's undoubted heir.

I think what happened is that you misunderstood my point. Either that or I mistyped "V" when I meant "IV"!

Carol

Re: Repeal of TR (was Richmond)

2014-07-20 13:39:44
ricard1an
I was replying to the post where you answer David's post about Yorkist plotting.

Re: Repeal of TR (was Richmond)

2014-07-20 15:39:45
ricard1an
I also replied to your query about Thomas Penn's documentary but Yahoo appears to have lost it. I have checked out the BBC but they are saying that it is no longer on iplayer. I googled Thomas Penn "The Winter King" but it came up with the book and not the documentary.

Re: Repeal of TR (was Richmond)

2014-07-20 16:06:49
Stephen

The answer, via a FB post from our Laura Blanchard:

Laura wrote: "Indeed. I've emailed the Rylands Library asking if there's a microfilm or a digitized version. There are two splendid Yorkist genealogies of Edward V here in Philadelphia . Here's a link to one of them; I'll post a link to the other in the next comment. The Richard III Society, American Branch contributed to the conservation of this one. http://libwww.freelibrary.org/medievalman/Detail.cfm?imagetoZoom=mca2010001"

Laura wrote: "Here's the second roll. The American Branch contributed to the online presentation of this manuscript. http://sceti.library.upenn.edu/msroll1066/membrane1.cfm"

From: [mailto: ]
Sent: 20 July 2014 15:40
To:
Subject: Re: [Richard III Society Forum] Re: Repeal of TR (was Richmond )

I also replied to your query about Thomas Penn's documentary but Yahoo appears to have lost it. I have checked out the BBC but they are saying that it is no longer on iplayer. I googled Thomas Penn "The Winter King" but it came up with the book and not the documentary.

Re: Repeal of TR (was Richmond)

2014-07-20 16:13:25
Johanne Tournier

Hi, Mary 

For people who get confused easily (like me), it would be helpful if you would make a practice of reproducing the earlier email that you are responding to in your email? If it's long, and you are only responding to a small part of it, I recommend following Carol's practice, as she is consistent in providing the relevant bits that she is referring to, if not the entire previous email. That is considered proper Netiquette.

Thanks for your understanding!

Johanne

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Johanne L. Tournier

Email - jltournier60@...

or jltournier@...

"With God, all things are possible."

                              - Jesus of Nazareth

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: [mailto:]
Sent: Sunday, July 20, 2014 11:40 AM
To:
Subject: Re: Re: Repeal of TR (was Richmond)

I also replied to your query about Thomas Penn's documentary but Yahoo appears to have lost it. I have checked out the BBC but they are saying that it is no longer on iplayer. I googled Thomas Penn "The Winter King" but it came up with the book and not the documentary.

Repeal of TR (was Richmond)

2014-07-20 18:55:00
Douglas Eugene Stamate
Carol wrote:
"Thanks for the compliment. As for your question, I'm a bit confused. I only tossed out the idea (not necessarily agreeing with it) that Parliament may have been alluding to rumors that Edward IV (not his sons) was illegitimate. The sons' illegitimacy had been thoroughly covered, but they may have wanted to emphasize that Richard, unlike his elder brother (whose legitimacy had been questioned by George of Clarence and, if I recall correctly, Warwick), was the undoubted son (and heir) of Richard Duke of York. No Blaybourne rumors in his background!

On the other hand, they may have meant nothing at all except the simple fact that as the Duke of York's only remaining son, he was his father's undoubted heir.

I think what happened is that you misunderstood my point. Either that or I mistyped "V" when I meant "IV"!"

Doug here: Oh no, I wasn't trying to say that *you* necessarily agreed with the idea that the phrase was put in TR as a reference to rumors about Edward IV being illegitimate, rather that I was wondering if even the *idea* of Edward being illegitimate has been given 'way too much attention, based, as far as I can tell, on the fact that the length of Cicely's pregnancy wasn't exactly nine months. Personally (FWTW!), I view the rumors about Edward being illegitimate as just propaganda put out by the Lacanstrians in response to the rumors about *Edward of Lancaster* being illegitimate. I wonder if the phrase "true son and heir," or a close variant, appears in "regular" wills; ie, those not disposing of thrones? Doug

Repeal of TR (was Richmond)

2014-07-20 18:57:42
Douglas Eugene Stamate
Hilary wrote: "What I find intriguing is that if Stillington just drafted the Act (which is how Marie construes what was written about it - wish she was here!) then where did the story come from? 'Witnesses' must have been named; so where are their names? The only obvious person executed after Bosworht was Catesby but ... perhaps as a lawyer he had that knowledge?" Doug here: From what I've read, it appears to me that Stillington's role when he informed the Council was more that of vouching for the reliability of the "proof/s" *and* the person who provided them. IOW, Stillington himself may not have been directly involved - but he knew the person who either was involved or held the evidence that, I believe, was later presented to the Three Estates. Would Catesby, on his own, have been considered a reliable and believable source? Of course, it never hurts to have a bishop back up your claims... Hilary continued: "Personally, and it is just me, I don't think Stillington was Edward's chosen witness. He was far too clever, he'd already complained directly to the Pope about a couple of thing when he was just a Canon, including about the Archbishop of York. Edward was daft; I would have thought he would have chosen some old dodderer of a local priest (I think Marie mentioned Dr. Eborall) who was already near meeting their maker or whose 'sudden demise' (if necessary) wouldn't cause a stir." Doug here: I don't know if I completely agree with you concerning Edward's "daftness." After all (and presuming he *was* already married to EB), he went ahead and entered into a second "marriage" with the full knowledge that his first wife was still alive! Daft? Or self-centered? And he *was* the King... If however, as you suggest, Edward *did* show enough sense to have the ceremony performed by "some old dodderer of a local priest," Stillington's role as "voucher-in-chief" still holds true - even though the person who'd actualy performed the ceremony was dead, Stillington could vouch for the reliability of that person's statement/s and any physical evidence retained by him. Hilary concluded: "I do believe Richard believed it - he was far too upright to concoct something like this. However, with me the jury is still out as to whether things did happen as described or whether it was a very clever ploy on the part of someone to destabilise the Yorkist throne. (PS Stillington's family did very well under the Tudors)" Doug here: I quite agree with your assessment of Richard. As regards to the whole thing being a ploy, then the question arises: who had the resources, contacts, etc to not only put this plot together, but do so well enough to fool the a majority of the Council and the Three Estates? And do it all in six weeks? Needless to say, and barring evidence to the contrary, I rather think the Butler marriage was just Edward being Edward - acting in his "It's *good* to be the King!" persona. About the Stillingtons - *which* Tudor? Did they start right off with Henry VII or did they have to wait a bit? Doug (sorry about the "work" thing - says the retired gent)

Re: Repeal of TR (was Richmond)

2014-07-20 18:58:23
justcarol67

Mary wrote :

"I was replying to the post where you answer David's post about Yorkist plotting."

Carol responds:

Thanks. I thought it might be that one but since I've posted so many messages lately, I couldn't be sure. Good old Yahoo doesn't let us trace threads and responses easily, so it helps to quote at least a bit of the message you're responding to.

Carol

Re: Repeal of TR (was Richmond)

2014-07-20 19:10:00
justcarol67

Stephen wrote :

"The answer, via a FB post from our Laura Blanchard:

"Laura wrote: "Indeed. I've emailed the Rylands Library asking if there's a microfilm or a digitized version. There are two splendid Yorkist genealogies of Edward V here in Philadelphia . Here's a link to one of them; I'll post a link to the other in the next comment. The Richard III Society, American Branch contributed to the conservation of this one. http://libwww.freelibrary.org/medievalman/Detail.cfm?imagetoZoom=mca2010001"

Laura wrote: "Here's the second roll. The American Branch contributed to the online presentation of this manuscript. http://sceti.library.upenn.edu/msroll1066/membrane1.cfm"

Carol responds:

Thanks, Stephen (and Laura), but what we're looking for is a genealogy of the same sort owned by John, Earl of Lincoln or the de la Pole family, that shows Richard as king after Edward IV and skips Edward V.

Carol

Re: Repeal of TR (was Richmond)

2014-07-20 19:10:56
justcarol67
Mary wrote :

"I also replied to your query about Thomas Penn's documentary but Yahoo appears to have lost it. I have checked out the BBC but they are saying that it is no longer on iplayer. I googled Thomas Penn "The Winter King" but it came up with the book and not the documentary."

Carol responds:

I think I may have found it on Google videos. Is it this one? Henry VII: Winter King - Britain on DocuWatch - free streaming British history documentaries

Carol


Re: Repeal of TR (was Richmond)

2014-07-20 19:17:24
justcarol67

Johanne wrote :

"For people who get confused easily (like me), it would be helpful if you would make a practice of reproducing the earlier email that you are responding to in your email? If it's long, and you are only responding to a small part of it, I recommend following Carol's practice, as she is consistent in providing the relevant bits that she is referring to, if not the entire previous email. That is considered proper Netiquette."


Carol responds:

Thanks, Johanne. Of course I complicate the process a little by posting below the message I'm responding (I only top-post when I'm in a hurry), but I appreciate the support. It would make it easier to quote the relevant bits of the post in question if people (especially those posting from e-mail or smart phones?) would snip the long tails of old posts in the thread to make it easier for us to quote only the post we're responding to (or, as you say, the relevant part if it's long as mine tend to be).

Anyway, I blame Yahoo for not making it immediately and unquestionably clear who is responding to whom. In my view, we need to do everything we can to overcome Yahoo's deficiencies.

Carol

Re: Repeal of TR (was Richmond)

2014-07-20 21:23:34
Pamela Bain
Ladies, I agree 100%.....it is so confusing to see an answer and not have any idea what the original post said.
On Jul 20, 2014, at 1:17 PM, "justcarol67@... []" <> wrote:


Johanne wrote :

"For people who get confused easily (like me), it would be helpful if you would make a practice of reproducing the earlier email that you are responding to in your email? If it's long, and you are only responding to a small part of it, I recommend following Carol's practice, as she is consistent in providing the relevant bits that she is referring to, if not the entire previous email. That is considered proper Netiquette."


Carol responds:

Thanks, Johanne. Of course I complicate the process a little by posting below the message I'm responding (I only top-post when I'm in a hurry), but I appreciate the support. It would make it easier to quote the relevant bits of the post in question if people (especially those posting from e-mail or smart phones?) would snip the long tails of old posts in the thread to make it easier for us to quote only the post we're responding to (or, as you say, the relevant part if it's long as mine tend to be).

Anyway, I blame Yahoo for not making it immediately and unquestionably clear who is responding to whom. In my view, we need to do everything we can to overcome Yahoo's deficiencies.

Carol

Re: Repeal of TR (was Richmond)

2014-07-20 22:49:20
wednesday\_mc
You can watch Winter King here:

Henry VII. The Winter King HD Henry VII. The Winter King HD This feature is not available right now. Please try again later. View on youtu.be Preview by Yahoo



or here, if that link doesn't work:
Henry VII Winter King BBC documentary factual and historical full 2013 Henry VII Winter King BBC documentary factual and hi... Henry VII Winter King BBC documentary factual and historical full 2013 bbc documentary, documentary bbc, bbc documentary history, bbc, documentary... View on youtu.be Preview by Yahoo

Apologies to those who think YouTube is The Devil's Own.

~Weds

Re: Repeal of TR (was Richmond)

2014-07-20 23:59:03
mariewalsh2003

Hilary wrote:

" It appears as an agreement in Richard's Parliament Rolls, but, as you say, were all who should have been there there or was this a hastily assembled Parliament without full representation from the shires and a quorum? I'm sure Marie could help us on that."


Marie:

Er, well I'll try. I assume you're referring to the assembly of June 1483 which originally drew up what came to be known as Titulus Regius? I think this would have been a full parliament because there had been a parliament summoned to sit immediately after Edward V's coronation (the date set for its opening was 25th June). I believe (although I've never seen it suggested) that this would have been the reason for delaying the coronation until 22nd June - 40 days' notice was required to summon a parliament. The members would. I'm sure, have aimed to be in London for the coronation on the 22nd, and it would have been a full assembly which , as it had been summoned, on 25th and drew up the petition to Richard. The only problem was that this parliament had not been officially opened by Edward V, the monarch in whose name it had been summoned, and so had no legal basis.


Hilary again:

"Secondly, my recollection is that though Henry wanted to repeal TR he never actually did? And an Act cannot be repealed without due Parliamentary process, just like a Bill can't become Law without it. I think we discussed on here that Henry did not dare to put it before Parliament in case someone like Stillington had a fit on conscience and it became a running hare? What I think Carol has given us is something that may have been drawn up, but was put in a drawer an quietly forgotten."


Marie:

Henry did repeal Titulus Regius, and did so without having it read and discussed. Not only is the Act of Repeal amongst the Parliament rolls, but we also have the extant minutes of a meeting Henry had held with the Justices beforehand in order to make sure the repeal would be legal. Henry was inclined to have Titulus Regius simply removed from the statute books without any formalities at all, but the justices felt this might leave the keepers of the parliament rolls open to charges of neglect at some future date, and it was they the justices - who came up with the compromise solution of having the Bill of Repeal drawn up and pushed through in the way that it was. It's fairly clear from the brief minutes that they were under extreme pressure from Henry to agree to some solution that did not require the bill to be read or discussed, so it's hard to know how happy they really were about what they agreed to.

But I think we need to be careful not to impose the legal standards of later periods on to the 15th century. Edward IV had already disposed of the entire proceedings of the Readeption parliament of Henry VI by simply having the records destroyed, and Henry VII was to do the same in1487 with the records of the Irish parliament held under the auspices of Lambert Simnel/ Warwick/ Edward VI or whatever you want to call him.

Re: Repeal of TR (was Richmond)

2014-07-21 00:02:35
mariewalsh2003

Carol wrote:

"Hi, Doug. The petition to make Richard king was made by the Three Estates and incorporated into TR. which *is* an act of Parliament. If you go to the TR link on the page I linked you to (the direct link is Original Text - Titulus Regius, you'll see the wording, "An Act for the Settlement of the Crown upon the King and his Issue, with a recapitulation of his title," which is the original label given to it by the Master of the Rolls.

So Titulus Regius *is* an act of Parliament, which was repealed (unread and unrecorded) by Henry's Parliament. Had it been only the original bill presented to Richard by the Three Estates, it would not have had official status."


Marie responds:

Absolutely. Titulus Regius was passed as an Act of parliament in 1484, the 1483 assembly having lacked the necessary legal status. Fully agree.

Re: Repeal of TR (was Richmond)

2014-07-21 00:29:27
mariewalsh2003

Hilary wrote:

"Carol it's interesting that Ross makes a point similar to Doug - ie that though it was affirmed as an Act by Richard's only Parliament, we don't know the composition of the informal parliament/council that drew it up - ie was it possible to get the Three Estates together in such a short time?"


Marie replies:

There had been no rush to get the estates together - the normal 40 days' notice had been given, the writs having been issued on 13th May. There had, however, been a blip on 16th June, when some writs of supersedeas were sent out postponing the coronation and parliament till November, so it is possible that some members were not present on 25th June. It's not really an issue, though, because this assembly wasn't a legal anyway, but was merely representative of the people in the same sort of ad hoc fashion as the army gathered outside the city which had acknowledged Edward IV as king on 3 March 1461. It was the assembly of 1484 which gave Richard's claim the official parliamentary seal of approval.

Re: Repeal of TR (was Richmond)

2014-07-21 00:32:46
mariewalsh2003

Doug wrote:

"Who's sttill trying to worry out what, if any, is the difference between "recognizing" the existence of a legal state (illegitimacy) and enacting legislation that places a person, or persons, in that legal state and just which of the two TR is."


Marie:

I wouldn't worry too much about it. Richard wasn't attempting to make parliament pronounce people illegitimate who were the offspring of a valid marriage - that would have been scandalous and foolish. This is why TR had merely pronounces that Edward IV's children are bastards because his union with Elizabeth Woodville had broken the rules in such a way as to render them so. It's true that the Church hadn't pronounced on the marriage, but the rules of the church regarding marriage were quite clear, so that the only question for parliament was whether they accepted the truth of the claims being made about EIV's marriage to EW - either the precontract or the witchcraft would have sufficed. It is possible that a church court, if it had sat to determine the issue, might have protected the legitimacy of the children for the sake of the realm, but it was well established that the church and the common law had separate rules regarding legitimacy, so this would not have bound parliament. For instance, if the parents of a child born out of wedlock later married, the child became legitimate in the eyes of the church but remained a bastard under common law.


Re: Repeal of TR (was Richmond)

2014-07-21 01:03:29
mariewalsh2003

Hilary wrote:

"And there was one other issue which was that the Speaker was normally an MP - Catesby wasn't."


Marie responds:

Can you be sure Catesby wasn't an MP? In her introduction to the 1484 parliament in PROME, Rosemary Horrox merely says it was his first time in parliament. We may not have the records to show what seat he represented, but surely Richard would have got him put forward as a candidate for somewhere or other if he had him in mind as Speaker.

Re: Repeal of TR (was Richmond)

2014-07-21 02:33:56
justcarol67



Wednesday wrote :

You can watch Winter King here: Henry VII. The Winter King HD or here, if that link doesn't work:
Henry VII Winter King BBC documentary factual and historical full 2013
Apologies to those who think YouTube is The Devil's Own."

Carol responds:

Thanks, Weds. At the moment, I'm primarily interested in the genealogy that belonged to the de la Poles. Anyone have a still image of it?

I like YouTube when I'm in the mood, especially Horrible Histories. Helps me forget the horrors of the modern world (which probably couldn't be made humorous).

Carol, who tried to trim all the extra goodies that Yahoo gratuitously added to your post but didn't quite succeed















Re: Repeal of TR (was Richmond)

2014-07-21 02:49:17
justcarol67

Marie wrote:

"Henry did repeal Titulus Regius, and did so without having it read and discussed. Not only is the Act of Repeal amongst the Parliament rolls, but we also have the extant minutes of a meeting Henry had held with the Justices beforehand in order to make sure the repeal would be legal. Henry was inclined to have Titulus Regius simply removed from the statute books without any formalities at all, but the justices felt this might leave the keepers of the parliament rolls open to charges of neglect at some future date, and it was they the justices - who came up with the compromise solution of having the Bill of Repeal drawn up and pushed through in the way that it was. It's fairly clear from the brief minutes that they were under extreme pressure from Henry to agree to some solution that did not require the bill to be read or discussed, so it's hard to know how happy they really were about what they agreed to.

But I think we need to be careful not to impose the legal standards of later periods on to the 15th century. Edward IV had already disposed of the entire proceedings of the Readeption parliament of Henry VI by simply having the records destroyed, and Henry VII was to do the same in1487 with the records of the Irish parliament held under the auspices of Lambert Simnel/ Warwick/ Edward VI or whatever you want to call him."


Carol responds:


I posted Henry's repeal (you probably haven't gotten to my post yet if you're still catching up) and presented my own reasons for why he may have done things in that particular way. The question we had, which you seem to have answered in your second paragraph, was whether repealing TR in this unorthodox way (usually the repealed act is quoted before it's repealed) was legally valid. You seem to have answered that question in your second paragraph. In any case, legal or not, the repeal certainly had the desired effect as within a short time no one but the (few?) surviving members of Richard's Parliament knew the contents of the original bill. Fortunately for Henry, Stillington, Russell, and Bourchier (the archbishop of Canterbury) were all old and died less than ten years into Henry's reign. (In Bourchier's case, he died soon after he crowned Henry!) Catesby, Richard's speaker (who possibly had a hand in writing and certainly in passing TR) Henry had been sure to execute.


I wonder how many people actually turned in (or burned) copies of TR under threat of severe punishment and whether anyone besides the Croyland Chronicler (if it was his copy that Buck found) dared to keep a copy.


Carol

Re: Repeal of TR (was Richmond)

2014-07-21 02:53:32
justcarol67
Marie wrote:

"There had been no rush to get the estates together - the normal 40 days' notice had been given, the writs having been issued on 13th May. There had, however, been a blip on 16th June, when some writs of supersedeas were sent out postponing the coronation and parliament till November, so it is possible that some members were not present on 25th June. It's not really an issue, though, because this assembly wasn't a legal [Parliament] anyway, but was merely representative of the people in the same sort of ad hoc fashion as the army gathered outside the city which had acknowledged Edward IV as king on 3 March 1461. It was the assembly of 1484 which gave Richard's claim the official parliamentary seal of approval."


Carol responds:


A seal of approval Edward IV never had if I recall correctly. If anyone deserves the title "king by right of conquest" (and, of course, a very strong hereditary claim), it was Edward.


Carol

Re: Repeal of TR (was Richmond)

2014-07-21 03:24:09
wednesday\_mc
Weds writes:

Am top posting in hopes of getting rid of all but the pertinent stuff beneath. Incidentally, there's a button at the top of any message reply window that offers the option of changing the previous message to plain text. I found it only by chance, Yahoo doesn't make anything easy, do they?

I should have been more clear.

The illustrated scroll of the de la Poles is exhibited in the Winter King documentary. The narrator uses it to illustrate how Henry VII was inserted alongside what the de la Poles considered the legitimate heirs to the throne.

It's not a genealogy scroll per se; it's an illuminated (long) scroll showing the descent of their family and the descent of royalty.

Am not sure this is what you're looking for, but it's a scroll that belonged to the de la Poles, it was mentioned in The Winter King book and documentary, and you can freeze frame it as the narrator reviews it. It's unrolled on a very long table, and it's quite long.

-------
Carol wrote:

Thanks, Weds. At the moment, I'm primarily interested in the genealogy that belonged to the de la Poles. Anyone have a still image of it?

I like YouTube when I'm in the mood, especially Horrible Histories. Helps me forget the horrors of the modern world (which probably couldn't be made humorous).

Carol, who tried to trim all the extra goodies that Yahoo gratuitously added to your post but didn't quite succeed

Re: Repeal of TR (was Richmond)

2014-07-21 13:04:23
mariewalsh2003

Re the de la Pole genealogy - I once took a look at it in the John Rylands Library - it's rather long, but the interesting part for me was the last section, showing how the de la Poles fitted into the royal succession. I didn't photograph it, but an image of the end section was at one point available on the John Rylands website, and I downloaded that. I have to go out now but I'll post it up when I get a chance.

Like all such genealogies, it is a work of propaganda and plays with the facts to suit its purposes. I'll have to look up the details again later, but I do recall that it - quite falsely - claims that Richard had his parliament recognise Lincoln as his heir. Since Richard's own son was still alive at the time of Richard's Parliament, the author of the scroll is further forced to claim that the parliament sat in January of Richard's second regnal year, ie 1485. There are other little alterations of the facts, but I'll have to look up the details and report back. Illustrates the point for David, though, that all royal genealogies are to be treated with caution and we're not just dissing the Tudor one because we don't like the Tudors.

Marie

Re: Repeal of TR (was Richmond)

2014-07-21 14:17:00
Hilary Jones
Hi Marie, I think this is Baldwin (but could be Ross). Certainly the Catesbys had been MPs since the 14th century at least (for Coventry and Northants). One was a particular favourite of the Black Prince, who held the manor of Coventry. Catesby's grandfather, who died in 1437, was also an MP for Northants. What's frustrating is that this very good website hasn't yet completed the 15th century http://www.historyofparliamentonline.org/research/members/members-1386-1421 When it does, we shall know a lot more - this is a reply to Doug as well. Interesting that our Catesby's son married Empson's daughter and certainly his son was an MP and Sheriff of Warks.H

Re: Repeal of TR (was Richmond)

2014-07-21 14:51:34
Johanne Tournier

Hi, Hilary –

As I recall there is a lot of info about Catesby and his family in Peter A. Hancock’s book, *Richard III and the Murder in the Tower,* which deals with the execution of Hastings, not Richard’s nephews.

Johanne

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Johanne L. Tournier

Email - jltournier60@...

or jltournier@...

"With God, all things are possible."

- Jesus of Nazareth

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: [mailto:]
Sent: Monday, July 21, 2014 10:17 AM
To:
Subject: Re: Repeal of TR (was Richmond)

Hi Marie, I think this is Baldwin (but could be Ross). Certainly the Catesbys had been MPs since the 14th century at least (for Coventry and Northants). One was a particular favourite of the Black Prince, who held the manor of Coventry. Catesby's grandfather, who died in 1437, was also an MP for Northants. What's frustrating is that this very good website hasn't yet completed the 15th century

http://www.historyofparliamentonline.org/research/members/members-1386-1421

When it does, we shall know a lot more - this is a reply to Doug as well. Interesting that our Catesby's son married Empson's daughter and certainly his son was an MP and Sheriff of Warks.H

Re: Repeal of TR (was Richmond)

2014-07-21 15:04:06
Hilary Jones
Absolutely! You know I was reflecting on our discussion of about a week ago when we agreed (I think) that by the time of HT's accession (if you can call it that) there was only one truly legitimate heir (ie male through male as stipulated by the then current primogeniture) left - Edward of Warwick, and he was under attainder.When Edward IV died, there were five - both his sons (until proved otherwise), Edward of Warwick, Richard, and Edward of Middleham. The decimation of the House of York (I don't think you can call it anything but that) was a shade too convenient; and I've not really been into conspiracy theories before, other than 'foreigners' wanting to cause a bit of diverting trouble to keep the English out of France. Perhaps one question we ought to ask is, if Richard's scoliosis was fairly well-known, how long he was thought likely to live? I recall some articles did say that it would get increasingly more painful with age? And the Plantagenets were not long-livers, which is perhaps why we think that average lifespans were shorter than they actually were? H

Re: Repeal of TR (was Richmond)

2014-07-21 15:22:28
Hilary Jones
Hi Joane, since Hancock misquotes an article from this Society which leads us right up the garden path I'm a bit dubious about some of the things he says. Problem is, there are so many relationships that you can construe all sorts of things from them. The Catesbys had been successful lawyers and 'friends' of the Beauchamps for a couple of centuries, they'd served our George and Hastings. But there were lots of people like them - up and coming, favourties of the Crown, good marriages, land acquisitions. And lawyers didn't often take to the battlefield, sensible people. There are other people around in the 'Eleanor area' - the Empsons, the Spencers (of Diana fame), the Raleighs (who came from the West Country), the Throckmortons, the Pargiters (of George Washington fame). Interesting how many of them would become rebels in another generation, mainly because of recusancy. It's hard. H

On Monday, 21 July 2014, 14:51, "Johanne Tournier jltournier60@... []" <> wrote:


Hi, Hilary  As I recall there is a lot of info about Catesby and his family in Peter A. Hancock's book, *Richard III and the Murder in the Tower,* which deals with the execution of Hastings, not Richard's nephews. Johanne~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Johanne L. Tournier Email - [email protected] jltournier@... "With God, all things are possible." - Jesus of Nazareth~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ From: [mailto:]
Sent: Monday, July 21, 2014 10:17 AM
To:
Subject: Re: Repeal of TR (was Richmond) Hi Marie, I think this is Baldwin (but could be Ross). Certainly the Catesbys had been MPs since the 14th century at least (for Coventry and Northants). One was a particular favourite of the Black Prince, who held the manor of Coventry. Catesby's grandfather, who died in 1437, was also an MP for Northants. What's frustrating is that this very good website hasn't yet completed the 15th century http://www.historyofparliamentonline.org/research/members/members-1386-1421 When it does, we shall know a lot more - this is a reply to Doug as well. Interesting that our Catesby's son married Empson's daughter and certainly his son was an MP and Sheriff of Warks.H

Re: Repeal of TR (was Richmond)

2014-07-21 16:27:51
justcarol67

Re: Repeal of TR (was Richmond)

2014-07-21 16:30:06
justcarol67
Weds wrote:

"The illustrated scroll of the de la Poles is exhibited in the Winter King documentary. The narrator uses it to illustrate how Henry VII was inserted alongside what the de la Poles considered the legitimate heirs to the throne.
It's not a genealogy scroll per se; it's an illuminated (long) scroll showing the descent of their family and the descent of royalty. Am not sure this is what you're looking for, but it's a scroll that belonged to the de la Poles, it was mentioned in The Winter King book and documentary, and you can freeze frame it as the narrator reviews it. It's unrolled on a very long table, and it's quite long."


Carol responds:

Yes, that's what I'm looking for, thanks. I don't have time now to go through the documentary looking for it, but good to know it's there. I'll try to locate a still image online at some point. It will be easier to refer to.

Carol

Re: Repeal of TR (was Richmond)

2014-07-21 16:42:43
justcarol67
No idea why my messages keep showing up blank. I hope I haven't lost anything worth posting! Will try to avoid the problem in future. Thanks, Weds, for mentioning that we can quote the message we're responding to in plain text. That should save me some font glitches!

Carol

Re: Repeal of TR (was Richmond)

2014-07-21 17:18:06
Johanne Tournier

Hi, Hilary 

Could you provide the quotation and the page that you say Hancock misquoted? Do you think that was an aberration, or do you think it is typical of the quality of the work? I found the book quite fascinating and enjoyed the background material on people like Catesby  who one doesn't see often dealt with in depth.

TTFN J

Johanne

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Johanne L. Tournier

Email - jltournier60@...

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: [mailto:]
Sent: Monday, July 21, 2014 11:22 AM
To:
Subject: Re: Re: Repeal of TR (was Richmond)

Hi Joane, since Hancock misquotes an article from this Society which leads us right up the garden path I'm a bit dubious about some of the things he says. Problem is, there are so many relationships that you can construe all sorts of things from them. The Catesbys had been successful lawyers and 'friends' of the Beauchamps for a couple of centuries, they'd served our George and Hastings. But there were lots of people like them - up and coming, favourties of the Crown, good marriages, land acquisitions. And lawyers didn't often take to the battlefield, sensible people.

There are other people around in the 'Eleanor area' - the Empsons, the Spencers (of Diana fame), the Raleighs (who came from the West Country), the Throckmortons, the Pargiters (of George Washington fame). Interesting how many of them would become rebels in another generation, mainly because of recusancy.

It's hard. H

On Monday, 21 July 2014, 14:51, "Johanne Tournier jltournier60@... []" <> wrote:

Hi, Hilary 

As I recall there is a lot of info about Catesby and his family in Peter A. Hancock's book, *Richard III and the Murder in the Tower,* which deals with the execution of Hastings, not Richard's nephews.

Johanne

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Johanne L. Tournier

Email - jltournier60@...

or jltournier@...

"With God, all things are possible."

- Jesus of Nazareth

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: [mailto:]
Sent: Monday, July 21, 2014 10:17 AM
To:
Subject: Re: Repeal of TR (was Richmond)

Hi Marie, I think this is Baldwin (but could be Ross). Certainly the Catesbys had been MPs since the 14th century at least (for Coventry and Northants). One was a particular favourite of the Black Prince, who held the manor of Coventry. Catesby's grandfather, who died in 1437, was also an MP for Northants. What's frustrating is that this very good website hasn't yet completed the 15th century

http://www.historyofparliamentonline.org/research/members/members-1386-1421

When it does, we shall know a lot more - this is a reply to Doug as well. Interesting that our Catesby's son married Empson's daughter and certainly his son was an MP and Sheriff of Warks.H

Re: Repeal of TR (was Richmond)

2014-07-21 22:22:13
Durose David
Marie,

Regarding the genealogy of Henry Tudor and his descent from Llewelyn the Great.

I am aware that there is a great deal of noise concerning family trees on the Internet and I know that the members of this forum would not be taken in by any false claims. However, I have checked each stage against other sources and am reasonably sure that my point is valid. That is, that Henry Tudor was a descendant of Llewelyn the great in separate lines by his eldest son Gruffydd and daughter Angharad.

Apparently, the daughter by which Henry descends is attested on original documents from 1260 and she is accepted as a probable daughter of Joan by an expert on the Plantagenets.

This is discussed in detail in a blog by someone called Sharon Kay Penman.

http://sharonkaypenman.com/blog/?p=74

She lists Llewelyn's children, but spends a lot of time discussing Gwladus.

Although the lady is a writer of historical fiction, so I am unlikely to have read any of her work, the blog seems to be fairly accurate as far as I can tell.



Kind regards
David





Sent from Yahoo Mail for iPad
From: mariewalsh2003 <[email protected]>;
To: <>;
Subject: Re: Re: Repeal of TR (was Richmond)
Sent: Mon, Jul 21, 2014 12:04:23 PM

 

Re the de la Pole genealogy - I once took a look at it in the John Rylands Library - it's rather long, but the interesting part for me was the last section, showing how the de la Poles fitted into the royal succession. I didn't photograph it, but an image of the end section was at one point available on the John Rylands website, and I downloaded that. I have to go out now but I'll post it up when I get a chance.

Like all such genealogies, it is a work of propaganda and plays with the facts to suit its purposes. I'll have to look up the details again later, but I do recall that it - quite falsely - claims that Richard had his parliament recognise Lincoln as his heir. Since Richard's own son was still alive at the time of Richard's Parliament, the author of the scroll is further forced to claim that the parliament sat in January of Richard's second regnal year, ie 1485. There are other little alterations of the facts, but I'll have to look up the details and report back. Illustrates the point for David, though, that all royal genealogies are to be treated with caution and we're not just dissing the Tudor one because we don't like the Tudors.

Marie

Re: Repeal of TR (was Richmond)

2014-07-21 22:59:01
Janjovian
I found. Hancock's book interesting too. I have often wondered if Hastings was one of the witnesses of Edward IV's marriage to Eleanor Butler.
Hastings and Edward were very much partners in crime as far as pursuing the ladies was concerned.

Jess From: Johanne Tournier jltournier60@... []
Sent: 21/07/2014 17:18
To:
Subject: RE: Re: Repeal of TR (was Richmond)

Hi, Hilary 

Could you provide the quotation and the page that you say Hancock misquoted? Do you think that was an aberration, or do you think it is typical of the quality of the work? I found the book quite fascinating and enjoyed the background material on people like Catesby who one doesn't see often dealt with in depth.

TTFN J

Johanne

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Johanne L. Tournier

Email - jltournier60@...

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: [mailto:]
Sent: Monday, July 21, 2014 11:22 AM
To:
Subject: Re: Re: Repeal of TR (was Richmond)

Hi Joane, since Hancock misquotes an article from this Society which leads us right up the garden path I'm a bit dubious about some of the things he says. Problem is, there are so many relationships that you can construe all sorts of things from them. The Catesbys had been successful lawyers and 'friends' of the Beauchamps for a couple of centuries, they'd served our George and Hastings. But there were lots of people like them - up and coming, favourties of the Crown, good marriages, land acquisitions. And lawyers didn't often take to the battlefield, sensible people.

There are other people around in the 'Eleanor area' - the Empsons, the Spencers (of Diana fame), the Raleighs (who came from the West Country), the Throckmortons, the Pargiters (of George Washington fame). Interesting how many of them would become rebels in another generation, mainly because of recusancy.

It's hard. H

On Monday, 21 July 2014, 14:51, "Johanne Tournier jltournier60@... []" <> wrote:

Hi, Hilary 

As I recall there is a lot of info about Catesby and his family in Peter A. Hancock's book, *Richard III and the Murder in the Tower,* which deals with the execution of Hastings, not Richard's nephews.

Johanne

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Johanne L. Tournier

Email - jltournier60@...

or jltournier@...

"With God, all things are possible."

- Jesus of Nazareth

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: [mailto:]
Sent: Monday, July 21, 2014 10:17 AM
To:
Subject: Re: Repeal of TR (was Richmond)

Hi Marie, I think this is Baldwin (but could be Ross). Certainly the Catesbys had been MPs since the 14th century at least (for Coventry and Northants). One was a particular favourite of the Black Prince, who held the manor of Coventry. Catesby's grandfather, who died in 1437, was also an MP for Northants. What's frustrating is that this very good website hasn't yet completed the 15th century

http://www.historyofparliamentonline.org/research/members/members-1386-1421

When it does, we shall know a lot more - this is a reply to Doug as well. Interesting that our Catesby's son married Empson's daughter and certainly his son was an MP and Sheriff of Warks.H

Posted by: Johanne Tournier <jltournier60@...> Reply via web post " Reply to sender " Reply to group " Start a New Topic " Messages in this topic (75) New Polling Options - Get Out the Vote! You can now add a new option in an existing poll and vote directly from email Yahoo Groups Control your view and sort preferences per Yahoo Group You can now control your default Sort & View Preferences for Conversations, Photos and Files in the membership settings page. Visit Your Group
[The entire original message is not included.]

Re: Repeal of TR (was Richmond)

2014-07-21 23:31:21
mariewalsh2003

Sandra wrote:

"It always surprises me that Stillington managed to live to 1491. OK, he was imprisoned, but not until after Lambert Simnel. So he was free to roam for two years until then, and must have been perceived as a danger to Henry's peace of mind and EoY's legitimacy. I would have thought that, given what he knew and was likely to say, even in clink, Henry would have seen he met with a mysterious end long before then. Was it simply that Stillington was a man of God? I'm not too sure Henry had that many scruples...yet he left Stillington behind bars. Or maybe Henry had yet to toughen up to become the disagreeable chap we know and don't love. Am I missing something here?"


Marie suggests:

Possibly. I'm currently struggling with the Latin text of a letter written by Pope Innocent VIII to Richard in May 1485, in which he says he's been told that priests in England have been arrested and tried by the secular authorities, and have been tortured, bound and even hanged. He expresses his shock and admonishes Richard to see this does not happen in future. Now, other than the arrests and temporary detentions of Morton and Rotherham, I know of no cases of priests being arrested in England during Richard's reign, and the only secular indictments of priests that I've come across took place in Edward IV's reign. I've no doubt this allegation came from Bishop Morton himself, who was hanging around the papal curia at the very time this letter was written. It may have been a propaganda coup that came back to bite Morton and his Tudor master, however, because Henry was extremely reliant on Pope Innocent's endorsement of his regime (viz a string of dispensations for his marriage, anathematizations of rebels, etc). So it may be no coincidence that Stillington was released very soon after Morton's return to England. Do you follow my drift?

Re: Repeal of TR (was Richmond)

2014-07-21 23:35:56
mariewalsh2003

David wrote of Stillington:

"but he is named in connection with the 1476 attempt that almost cost Henry his life."


Marie replies:

Slightly disingenuous, perhaps. There is no naming of Stillington in said connection earlier than Hall (late 1540s).

Re: Repeal of TR (was Richmond)

2014-07-22 00:08:37
mariewalsh2003

David wrote to Marie:

"Regarding the genealogy of Henry Tudor and his descent from Llewelyn the Great.
I am aware that there is a great deal of noise concerning family trees on the Internet and I know that the members of this forum would not be taken in by any false claims. However, I have checked each stage against other sources and am reasonably sure that my point is valid. That is, that Henry Tudor was a descendant of Llewelyn the great in separate lines by his eldest son Gruffydd and daughter Angharad.
Apparently, the daughter by which Henry descends is attested on original documents from 1260 and she is accepted as a probable daughter of Joan by an expert on the Plantagenets.
This is discussed in detail in a blog by someone called Sharon Kay Penman.
http://sharonkaypenman.com/blog/?p=74 "


Marie replies:

Sorry, David, I'm confused. I can't see any mention in this article of the Tudors. All it shows is that two of Llewelyn's children were called Gruffydd and Angharad. I'm not saying that the Tudors weren't descended from Llewelyn - as I said, I haven't researched the subject so can't have an opinion. what I did say is that the only way to prove it would be for someone to check the genealogy generation by generation from HT back to Llewelyn, and Sharon Penman's article does not do that, and does not purport to do that.

Re: Repeal of TR (was Richmond)

2014-07-22 04:11:38
justcarol67



David Durose wrote :

"This is discussed in detail in a blog by someone called Sharon Kay Penman.
http://sharonkaypenman.com/blog/?p=74
She lists Llewelyn's children, but spends a lot of time discussing Gwladus.
Although the lady is a writer of historical fiction, so I am unlikely to have read any of her work, the blog seems to be fairly accurate as far as I can tell."

Carol responds:

"Someone called Sharon Kay Penman"! Even though you're not a Ricardian, you might want to set aside your distaste for historical fiction and give Sharon Kay Penman a try. Her books are much more readable and historically accurate than those of, say, Philippa Gregory. I can't vouch for her genealogy of other Welsh characters, but she would make sure that her work on Gwladys, a verifiable ancestor of Richard III as she married into the Mortimer family, was correct.

"The Sunne in Splendour," her (very long) Ricardian novel (based primarily on Kendall as far as I can tell) is highly enjoyable though of course the ending is heart-wrenching for those of us who love and admire Richard--and you'll be glad to know that she's not as hard on Henry Tudor as some Ricardian novelists. She has written historical novels on many of the kings and queens of medieval England from Stephen and his civil war with Maude the Empress through Richard III. I don't think she plans to do anything on the Tudors, though. That's been done a little too often.

Carol






Re: Repeal of TR (was Richmond)

2014-07-22 14:25:05
Hilary Jones
Johanne it's the bit where he says that Stillington was related to Eleanor Butler through the Cheddars and he quotes a Ricardian article by W E Hampton of which I was able to obtain a copy. The article (and I had come to the same conclusion) actually says that it was Stillington's grandchildren who were related to the Cheddars and that was some twenty years' after the supposed Eleanor incident. He doesn't impress me; his geographical knowledge is poor (unlike that of JAH), he talks about Ankarette Twynyho as a 'servant woman' which she clearly wasn't and he hasn't truly investigated the long history of the Catesbys or indeed of Stillington. I'm sorry we differ in our opinion but it's so easy in all this to make something of nothing - eg many churches round here have the same features which he claims relate to Eleanor. H (Sorry Marie, this was the bit I was looking for)

On Monday, 21 July 2014, 17:18, "Johanne Tournier jltournier60@... []" <> wrote:


Hi, Hilary  Could you provide the quotation and the page that you say Hancock misquoted? Do you think that was an aberration, or do you think it is typical of the quality of the work? I found the book quite fascinating and enjoyed the background material on people like Catesby who one doesn't see often dealt with in depth. TTFN J Johanne~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Johanne L. TournierEmail - jltournier60@...~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ From: [mailto:]
Sent: Monday, July 21, 2014 11:22 AM
To:
Subject: Re: Re: Repeal of TR (was Richmond) Hi Joane, since Hancock misquotes an article from this Society which leads us right up the garden path I'm a bit dubious about some of the things he says. Problem is, there are so many relationships that you can construe all sorts of things from them. The Catesbys had been successful lawyers and 'friends' of the Beauchamps for a couple of centuries, they'd served our George and Hastings. But there were lots of people like them - up and coming, favourties of the Crown, good marriages, land acquisitions. And lawyers didn't often take to the battlefield, sensible people. There are other people around in the 'Eleanor area' - the Empsons, the Spencers (of Diana fame), the Raleighs (who came from the West Country), the Throckmortons, the Pargiters (of George Washington fame). Interesting how many of them would become rebels in another generation, mainly because of recusancy. It's hard. H On Monday, 21 July 2014, 14:51, "Johanne Tournier jltournier60@... []" <> wrote: Hi, Hilary  As I recall there is a lot of info about Catesby and his family in Peter A. Hancock's book, *Richard III and the Murder in the Tower,* which deals with the execution of Hastings, not Richard's nephews. Johanne~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Johanne L. Tournier Email - [email protected] jltournier@... "With God, all things are possible." - Jesus of Nazareth~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ From: [mailto:]
Sent: Monday, July 21, 2014 10:17 AM
To:
Subject: Re: Repeal of TR (was Richmond) Hi Marie, I think this is Baldwin (but could be Ross). Certainly the Catesbys had been MPs since the 14th century at least (for Coventry and Northants). One was a particular favourite of the Black Prince, who held the manor of Coventry. Catesby's grandfather, who died in 1437, was also an MP for Northants. What's frustrating is that this very good website hasn't yet completed the 15th century http://www.historyofparliamentonline.org/research/members/members-1386-1421 When it does, we shall know a lot more - this is a reply to Doug as well. Interesting that our Catesby's son married Empson's daughter and certainly his son was an MP and Sheriff of Warks.H

Re: Repeal of TR (was Richmond)

2014-07-22 16:55:16
Johanne Tournier

Hi, Hilary 

No problem; I'm definitely a novice where Catesby is concerned, and the only stake I have in Hancock's book is a bit of wishful thinking. But I would rather be disillusioned than go on with some delusional thinking. So  carry on!

I wouldn't mind hearing a few other knowledgeable people hereabouts (Marie?) chime in with their thoughts.

I guess my final thought for now  is the book worth having, or did I waste my shekels on it?? I certainly agree with you about the overall quality of JA-H's work. We are lucky to have him on our side! J

Johanne

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Johanne L. Tournier

Email - jltournier60@...

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: [mailto:]
Sent: Tuesday, July 22, 2014 10:25 AM
To:
Subject: Re: Re: Repeal of TR (was Richmond)

Johanne it's the bit where he says that Stillington was related to Eleanor Butler through the Cheddars and he quotes a Ricardian article by W E Hampton of which I was able to obtain a copy. The article (and I had come to the same conclusion) actually says that it was Stillington's grandchildren who were related to the Cheddars and that was some twenty years' after the supposed Eleanor incident. He doesn't impress me; his geographical knowledge is poor (unlike that of JAH), he talks about Ankarette Twynyho as a 'servant woman' which she clearly wasn't and he hasn't truly investigated the long history of the Catesbys or indeed of Stillington.

I'm sorry we differ in our opinion but it's so easy in all this to make something of nothing - eg many churches round here have the same features which he claims relate to Eleanor. H

(Sorry Marie, this was the bit I was looking for)


Repeal of TR (was Richmond)

2014-07-22 22:30:49
Douglas Eugene Stamate


Marie wrote:

"There had been no rush to get the estates together - the normal 40 days' notice had been given, the writs having been issued on 13th May. There had, however, been a blip on 16th June, when some writs of supersedeas were sent out postponing the coronation and parliament till November, so it is possible that some members were not present on 25th June. It's not really an issue, though, because this assembly wasn't a legal anyway, but was merely representative of the people in the same sort of ad hoc fashion as the army gathered outside the city which had acknowledged Edward IV as king on 3 March 1461. It was the assembly of 1484 which gave Richard's claim the official parliamentary seal of approval."

Doug here:

I'm getting a bit confused and was wondering if my understanding of the terms "three estates", "Three Estates (the capitalization being important), and Parliament is correct.

I understand the terms as:

"three estates" being the general division of society into commons, lords and clergy,

"Three Estates (capitalized)" being a gathering of members from the three estates into a body whose actions, while possibly authoritative, aren't necessarily legal, and

"Parliament" a body whose actions are both authoritative *and* legal.

Do I have it down properly?

Doug

Re: Repeal of TR (was Richmond)

2014-07-22 22:52:15
mariewalsh2003

Doug wrote:

"

I'm getting a bit confused and was wondering if my understanding of the terms "three estates", "Three Estates (the capitalization being important), and Parliament is correct.

I understand the terms as:

"three estates" being the general division of society into commons, lords and clergy,

"Three Estates (capitalized)" being a gathering of members from the three estates into a body whose actions, while possibly authoritative, aren't necessarily legal, and

"Parliament" a body whose actions are both authoritative *and* legal.

Do I have it down properly?"


Marie:

Of course you do, Doug. You may have noticed that I occasionally miss the odd capitalisation - I don't regard forum posts as the sort of document that require a full edit. I assumed it was clear that I didn't mean there had been any attempt to gather together the entire population of the country.


Repeal of TR (was Richmond)

2014-07-23 15:55:11
Douglas Eugene Stamate

Marie wrote:

"Of course you do, Doug. You may have noticed that I occasionally miss the odd capitalisation - I don't regard forum posts as the sort of document that require a full edit. I assumed it was clear that I didn't mean there had been any attempt to gather together the entire population of the country."

Doug here:

Oh no, context made it quite clear you meant the "official" Three Estates. My concern really was the difference between the last two and *why* the actions of the Three Estates, while acceptable for offering the throne to Richard, weren't considered enough to stand on their own without the sanction of a Parliament. I'm presuming it would be because the former hadn't followed the legal niceties, nor was the monarch included.

Do you, or anyone, know of an accessible; ie, not too technical, history of early Parliamentary development?

Thanks in advance,

Doug

Re: Repeal of TR (was Richmond)

2014-07-23 16:16:41
mariewalsh2003

Carol wrote;

"I wonder how many people actually turned in (or burned) copies of TR under threat of severe punishment and whether anyone besides the Croyland Chronicler (if it was his copy that Buck found) dared to keep a copy."


Marie replies:

The Crowland Chronicler didn't keep a copy. The single copy that turned up was, as I have read, discovered (rather ironically) amongst the parliamentary records in the Tower, simply not filed where expected. So if anyone defied Henry's edict it was the keepers of the parliament rolls themselves. Buck didn't personally find it, he only made use of it.

Re: Repeal of TR (was Richmond)

2014-07-23 16:26:25
mariewalsh2003

Carol wrote:

"A seal of approval [by parliament] Edward IV never had if I recall correctly. If anyone deserves the title "king by right of conquest" (and, of course, a very strong hereditary claim), it was Edward."


Marie responds:

Edward did have his title ratified by parliament, at some length, and it was the first item of business in his first parliament. Of course, the Act refers to God having given Edward the victory at Mortimer's Cross and Towton, but he was not claiming right of conquest. The argument was that the House of York had the better claim, and that Henry VI had forfeited his right to remain king when he joined QM at 2nd St Albans and thus broke the 1460 agreement whereby the Yorkists had agreed to his keeping the throne for life, with the house of York ruling thereafter. Edward did, of course, date his reign from 3rd March when he was acknowledged king by the assembled soldiers and citizens in the capital, so that he was not relying on his victory at Towton for his claim.

Re: Repeal of TR (was Richmond)

2014-07-23 19:33:24
ricard1an
Marie, thank you very much for all the brilliant pieces of information which I for one would not be able to access. Very much appreciated.

Re: Repeal of TR (was Richmond)

2014-07-26 19:29:40
justcarol67
Marie wrote:

"The Crowland Chronicler didn't keep a copy [of TR]. The single copy that turned up was, as I have read, discovered (rather ironically) amongst the parliamentary records in the Tower, simply not filed where expected. So if anyone defied Henry's edict it was the keepers of the parliament rolls themselves. Buck didn't personally find it, he only made use of it."


Carol responds:


That's good to know. Clearly, the keepers knew that Henry's order to have them burn it unread was at the very least unorthodox and possibly illegal. But I thought the Keeper of the Rolls was Robert Morton (John Morton's nephew), of all people among the least likely to keep anything favorable to Richard. (Audrey Williamson, for one, has accused him of destroying documents from Richard's reign and Protectorate.) Do you recall where you read that it was discovered among the parliamentary records? And who found it? Stow, maybe?


Thanks,

Carol

Re: Repeal of TR (was Richmond)

2014-07-26 20:04:41
justcarol67

Carol earlier:

"A seal of approval [by parliament] Edward IV never had if I recall correctly. If anyone deserves the title "king by right of conquest" (and, of course, a very strong hereditary claim), it was Edward."


Marie responded:

"Edward did have his title ratified by parliament, at some length, and it was the first item of business in his first parliament. Of course, the Act refers to God having given Edward the victory at Mortimer's Cross and Towton, but he was not claiming right of conquest. The argument was that the House of York had the better claim, and that Henry VI had forfeited his right to remain king when he joined QM at 2nd St Albans and thus broke the 1460 agreement whereby the Yorkists had agreed to his keeping the throne for life, with the house of York ruling thereafter. Edward did, of course, date his reign from 3rd March when he was acknowledged king by the assembled soldiers and citizens in the capital, so that he was not relying on his victory at Towton for his claim."


Carol again:


Thanks, Marie. I stand corrected. So it appears that Richard was again following precedent (his brother's) by having Parliament ratify his title--or perhaps they decided to do it themselves for the reasons stated in the preamble to TR (to dispel doubts caused by his having been elected by an unofficial Parliament). Henry VII's bill (I mean his Parliament's act) posthumously removes all charges of treason against "the most blessed Prince King Herrie [VI]," MoA, various Beauforts, and Jasper Tudor.


By the way, if Henry VII had not been more or less forced to marry EoY to (ostensibly) unite the houses of York and Lancaster, I suspect that he would have wanted to depict Edward IV as a usurper (as he did Richard III), given that, "ayenst all Rightwysness, Honour, Nature and Dutie, [in] an inordinate, seditious and slaunderous Acte" by Edward's Parliament, Henry VII's [half] uncle had been not only declared a traitor (mentioned in the act) but actually deposed (a fact that the act carefully refrains from mentioning). But since Henry intends (or the members of Parliament intend him!) to marry EoY, Edward has to be recognized as the rightful king (despite having deposed Henry VI twice and quite possibly had him executed) while Richard is depicted as a usurper and not a word is said about Edward V (or the House of York in general), and Parliament is quite careful to note that the repeal of TR must not be used in any way against Henry's "title" to the crown.


Carol

Re: Repeal of TR (was Richmond)

2014-07-28 10:32:26
mariewalsh2003
First Marie wrote:

"The Crowland Chronicler didn't keep a copy [of TR]. The single copy that turned up was, as I have read, discovered (rather ironically) amongst the parliamentary records in the Tower, simply not filed where expected. So if anyone defied Henry's edict it was the keepers of the parliament rolls themselves. Buck didn't personally find it, he only made use of it."


Then Carol responded:

"That's good to know. Clearly, the keepers knew that Henry's order to have them burn it unread was at the very least unorthodox and possibly illegal. But I thought the Keeper of the Rolls was Robert Morton (John Morton's nephew), of all people among the least likely to keep anything favorable to Richard. (Audrey Williamson, for one, has accused him of destroying documents from Richard's reign and Protectorate.) Do you recall where you read that it was discovered among the parliamentary records? And who found it? Stow, maybe?"


Marie responds:

I've been checked back through the article I got the information from: D. W. Baker, 'Jacobean Historiography and the Election of Richard III', from Huntingdon Library Quarterly, Vol. 70, No. 3, Sept. 2007). Reading it more closely, and googling the MS concerned, it seems as though TR was probably never removed from the parliament rolls in the first place. What seems to have happened is that in the 1590s William Camden made an abstract of the contents of the parliament rolls from Edward II to Richard III, and included in that was an abridged version of TR. This circulated amongst his antiquarian friends, and after 1600 Camden published this version in his 'Britannia'. How the original managed to remain untouched is puzzling. The record of Henry's prior discussion with the justices makes it quite clear that he intended to expunge the original copy from the record.

You are right that Robert Morton was reappointed Master of the Rolls in late November 1485, and the Parliament Rolls did come under the Chancery so I guess were his responsibility. The Chancellor at the time was John Alcock. Interesting. Morton certainly wasn't a closet Ricardian.

As regards Audrey Williamson's claims, I would treat these with extreme caution. Some documents from Richard's reign clearly were destroyed (we're lacking heralds' accounts and indictments of traitors, for instance) but nobody recorded the fact that they were destroying things! Audrey Williamson's book is great fun but she did let herself get carried away.

Re: Repeal of TR (was Richmond)

2014-07-28 19:12:09
justcarol67
Marie wrote:

"I've been checked back through the article I got the information from: D. W. Baker, 'Jacobean Historiography and the Election of Richard III', from Huntingdon Library Quarterly, Vol. 70, No. 3, Sept. 2007). Reading it more closely, and googling the MS concerned, it seems as though TR was probably never removed from the parliament rolls in the first place. What seems to have happened is that in the 1590s William Camden made an abstract of the contents of the parliament rolls from Edward II to Richard III, and included in that was an abridged version of TR. This circulated amongst his antiquarian friends, and after 1600 Camden published this version in his 'Britannia'. How the original managed to remain untouched is puzzling. The record of Henry's prior discussion with the justices makes it quite clear that he intended to expunge the original copy from the record.

You are right that Robert Morton was reappointed Master of the Rolls in late November 1485, and the Parliament Rolls did come under the Chancery so I guess were his responsibility. The Chancellor at the time was John Alcock. Interesting. Morton certainly wasn't a closet Ricardian. [snip]"


Carol responds:


Thanks. I'll try to hunt up the article when I get back from England--not a research tour, unfortunately, just a trip to Ricardian sites with my not-yet-Ricardian sister (I'll do my best to educate her!).


Without questioning your source's credentials, which I'm sure are impressive, I find it hard to believe that--given Henry's demands, the punishments for keeping a copy, and the wording of the repeal--a copy (or even a synopsis) was left in the Parliament rolls. Your other suggestion, that the original bill or a copy was filed away somewhere unexpected, makes more sense. Either way, I can't see Robert Morton (or his assistants, if any) preserving it. Maybe, unknown to Morton, whoever was master of the rolls under Richard had filed away a copy. Or Alcock hid one?


Carol

Re: Repeal of TR (was Richmond)

2014-07-28 19:36:23
mariewalsh2003

Carol wrote:

"Without questioning your source's credentials, which I'm sure are impressive, I find it hard to believe that--given Henry's demands, the punishments for keeping a copy, and the wording of the repeal--a copy (or even a synopsis) was left in the Parliament rolls. Your other suggestion, that the original bill or a copy was filed away somewhere unexpected, makes more sense. Either way, I can't see Robert Morton (or his assistants, if any) preserving it. Maybe, unknown to Morton, whoever was master of the rolls under Richard had filed away a copy. Or Alcock hid one?"


Marie replies:

I do agree that it is puzzling. The synopsis that Camden published would have been his own - there never was one in the parliament rolls; what Camden made was an abridged version, or 'calendar' of all the Acts between Edward II and Richard III, and the abridged version of TR is part of that.

Also bear in mind that the Acts of Richard's parliament weren't all on separate sheets so there was not a sheet or small roll containing just TR which could have been easily picked up and destroyed. What they used to do was to sew the various membranes together end to end to form a long roll. According to the introduction to Richard's parliament in 'The Parliament Rrolls of Medieval England', there is just one such role for the 1484 parliament, consisting of 21 membranes. And you can see from the text that TR covers the bottom 2/3 of membrane 3 of said roll and all of membrane 4.

So to remove it from the roll the clerks would have had to cut through membrane 3 just above the start of TR, unsew membrane 4 from membrane 5, and then sew membrane 5 back up to what remained of membrane 3. It was what Henry had said he had in mind, but the necessity for doing so seems to have got overlooked once the Act of Repeal had been passed. Had it been removed and then reinstated in the 17th C you would see the physical evidence.

Or perhaps Henry wanted it to look as though he had destroyed TR, for Elizabeth's benefit, by ordering the destruction of all the copies accessible to the public, but hung on to his own in case he might, at a later date, need to revive the bastardy of Edward IV's issue. As I mentioned before, Henry did like to keep all bases covered.

Re: Repeal of TR (was Richmond)

2014-07-28 23:55:50
maroonnavywhite
Marie said:

"I do agree that it is puzzling. The synopsis that Camden published would have been his own - there never was one in the parliament rolls; what Camden made was an abridged version, or 'calendar' of all the Acts between Edward II and Richard III, and the abridged version of TR is part of that.

Also bear in mind that the Acts of Richard's parliament weren't all on separate sheets so there was not a sheet or small roll containing just TR which could have been easily picked up and destroyed. What they used to do was to sew the various membranes together end to end to form a long roll. According to the introduction to Richard's parliament in 'The Parliament Rrolls of Medieval England', there is just one such role for the 1484 parliament, consisting of 21 membranes. And you can see from the text that TR covers the bottom 2/3 of membrane 3 of said roll and all of membrane 4.


So to remove it from the roll the clerks would have had to cut through membrane 3 just above the start of TR, unsew membrane 4 from membrane 5, and then sew membrane 5 back up to what remained of membrane 3. It was what Henry had said he had in mind, but the necessity for doing so seems to have got overlooked once the Act of Repeal had been passed. Had it been removed and then reinstated in the 17th C you would see the physical evidence.


Or perhaps Henry wanted it to look as though he had destroyed TR, for Elizabeth's benefit, by ordering the destruction of all the copies accessible to the public, but hung on to his own in case he might, at a later date, need to revive the bastardy of Edward IV's issue. As I mentioned before, Henry did like to keep all bases covered."

Tamara butts in:

Hmmm. Double hmmmmm. Speaking of covering one's bases (or bets, or whatever) --

It occurs to my (admittedly Swiss-cheese) brain that this may be evidence that Henry at least believed (if he didn't actually know for certain) that Edward's sons by Elizabeth Wydeville were very much alive at the time of Bosworth.

1) The less important reason for my thinking this: The TR repeal didn't go into detail on just why the "false and seditious bille" was considered to be such -- which to my mind would among other things leave Henry the option of declaring, had either of the lads come to be real trouble for him, that not all of the claims made in TR were false and seditious. (Of course, Henry would have had many other reasons for not doing a point-by-point rebuttal of everything in TR, but whether or not this was one of his reasons for not doing one, to me it would have been one of the advantages for not doing one.)

2) More importantly, I am reminded that a decade after Bosworth, Henry has the resting place of the king he'd deposed all spiffed up and given a nice inscription (lost a few decades later in the Dissolution, but not before it was copied out onto parchment) that acknowledged Richard as a rightful King of England. By logical implication, this means acknowledging that TR, which gave Richard his legal right to be king, was legit -- and that Eddie's boys weren't.

Now, what was happening roundabout that time? Oh, yeah, Perkin Warbeck was charming the pants off of Yorkists (and/or enemies of Henry) throughout Europe with his claim to be the younger of Eddie IV's two boys. Warbeck wouldn't have freaked out Henry so much if he'd believed both boys were dead or otherwise not a threat to his position.

So, yes, Henry was definitely covering every base he could.

Tamara

Re: Repeal of TR (was Richmond)

2014-07-29 00:06:03
Pamela Bain
Including his ass, if I might say so. That smarmy character!
On Jul 28, 2014, at 5:55 PM, "khafara@... []" <> wrote:

Marie said:

"I do agree that it is puzzling. The synopsis that Camden published would have been his own - there never was one in the parliament rolls; what Camden made was an abridged version, or 'calendar' of all the Acts between Edward II and Richard III, and the abridged version of TR is part of that.

Also bear in mind that the Acts of Richard's parliament weren't all on separate sheets so there was not a sheet or small roll containing just TR which could have been easily picked up and destroyed. What they used to do was to sew the various membranes together end to end to form a long roll. According to the introduction to Richard's parliament in 'The Parliament Rrolls of Medieval England', there is just one such role for the 1484 parliament, consisting of 21 membranes. And you can see from the text that TR covers the bottom 2/3 of membrane 3 of said roll and all of membrane 4.


So to remove it from the roll the clerks would have had to cut through membrane 3 just above the start of TR, unsew membrane 4 from membrane 5, and then sew membrane 5 back up to what remained of membrane 3. It was what Henry had said he had in mind, but the necessity for doing so seems to have got overlooked once the Act of Repeal had been passed. Had it been removed and then reinstated in the 17th C you would see the physical evidence.


Or perhaps Henry wanted it to look as though he had destroyed TR, for Elizabeth's benefit, by ordering the destruction of all the copies accessible to the public, but hung on to his own in case he might, at a later date, need to revive the bastardy of Edward IV's issue. As I mentioned before, Henry did like to keep all bases covered."

Tamara butts in:

Hmmm. Double hmmmmm. Speaking of covering one's bases (or bets, or whatever) --

It occurs to my (admittedly Swiss-cheese) brain that this may be evidence that Henry at least believed (if he didn't actually know for certain) that Edward's sons by Elizabeth Wydeville were very much alive at the time of Bosworth.

1) The less important reason for my thinking this: The TR repeal didn't go into detail on just why the "false and seditious bille" was considered to be such -- which to my mind would among other things leave Henry the option of declaring, had either of the lads come to be real trouble for him, that not all of the claims made in TR were false and seditious. (Of course, Henry would have had many other reasons for not doing a point-by-point rebuttal of everything in TR, but whether or not this was one of his reasons for not doing one, to me it would have been one of the advantages for not doing one.)

2) More importantly, I am reminded that a decade after Bosworth, Henry has the resting place of the king he'd deposed all spiffed up and given a nice inscription (lost a few decades later in the Dissolution, but not before it was copied out onto parchment) that acknowledged Richard as a rightful King of England. By logical implication, this means acknowledging that TR, which gave Richard his legal right to be king, was legit -- and that Eddie's boys weren't.

Now, what was happening roundabout that time? Oh, yeah, Perkin Warbeck was charming the pants off of Yorkists (and/or enemies of Henry) throughout Europe with his claim to be the younger of Eddie IV's two boys. Warbeck wouldn't have freaked out Henry so much if he'd believed both boys were dead or otherwise not a threat to his position.

So, yes, Henry was definitely covering every base he could.

Tamara

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