The tyranny of Richard III
To Tudor historians Richard III was a quintessence of tyranny. This belief was derived from the informed opinion of many who had experienced his brief reign. To them a tyrant was one who came to the throne without right or who governed against the interests of the political nation. There can be little doubt that Richard usurped the throne: it is also the case that in one important respect his government alienated a significant section of the nobility and gentry. Following the revolts of late 1483 Richard systematically placed trusted northern adherents in control of the unreliable and hostile southern counties. This action transgressed the unwritten law that the rule of the counties lay in the hands of their native elites. Its highhandedness was recognized by the author of the Croyland continuation and its pattern can be reconstructed from the record of grants from the Crown during the reign. Not only does the settlement of 1483-4 provide dramatic evidence in support of the Tudor tradition, but its circum...
Nationalist historiography and the English and Gaelic worlds in the late middle ages
Much more so than in modern times, sharp cultural and social differences distinguished the various peoples inhabiting the British Isles in the later middle ages. Not surprisingly these differences and the interaction between medieval forms of culture and society have attracted considerable attention by historians. By comparison with other fields of research, we know much about the impact of the Westminster government on the various regions of the English polity, about the interaction between highland and lowland Scotland and about the similarities and differences between English and Gaelic Ireland. Yet the historical coverage of these questions has been uneven, and what at first glance might appear obvious and promising lines of inquiry have been largely neglected — for example the relationship between Gaelic Ireland and Gaelic Scotland, or between Wales, the north of England and the lordship of Ireland as borderlands of the English polity. No doubt the nature and extent of the surviving evidence is an important factor in explaining this unevenness, but in fact studies of interaction between different cultures seem to reflect not so much their intrinsic importance for our understanding of different late medieval societies as their perceived significance for the future development of movements culminating in the present.
The Influence of the Writings of Sir John Fortescue
To trace the influence of writings is a task in which full attainment is impossible. Yet the attempt is worth making, especially when the writer under consideration was in some sort a pioneer, the first to write a constitutional treatise in the English language, and likewise the first, in all probability, to write a legal treatise for the benefit of English laymen. Few English lawyers can have had so varied a career as that of Sir John Fortescue. Born some time between 1390 and 1400, he lived to see the ‘unquiet time’ of Henry IV, the ‘victorious acts’ of Henry V, and the ‘troublous season’ of Henry VI, which ended in the overthrow of the Lancastrian dynasty, and the apparently firm establishment of the Yorkist line. In early manhood he became a serjeant-at-law; in 1442 he was made Chief Justice of the King's Bench; in 1443 he was sent on various special commissions; in the critical year 1450 he acted as spokesman of the Judges in relation to the trial of Suffolk, and four years later he delivered the Judges' opinion on the important case of Thorpe. During the early stages of the Wars of the Roses Fortescue was actively engaged in various extra-judicial duties; in 1461 he was present at the battle of Towton, and a few months later he fought against Edward IV at Ryton and Brancepeth. Between 1461 and 1463 he wrote the ‘De Natura Legis Naturae’ and various tracts on the succession question, and in 1463 he accompanied Queen Margaret and her son into exile in Flanders and France, where he remained till 1471. During his sojourn abroad he wrote the ‘De Laudibus Legum Angliae,’ and drew up memoranda on the political situation and a programme for the restored Lancastrian government. Fortescue took a prominent part in the conclusion of the agreement between Margaret and Warwick in 1470, and accompanied the queen and her son to England, landing at Weymouth on the very day of Warwick's overthrow and death at Barnet. Less than a month later he was taken prisoner at Tewkesbury, and Prince Edward was slain; before long Henry VI also died, and there was nothing before the loyal Lancastrian but to accept the clemency of the conqueror, Edward IV. His pardon passed the Great Seal, he was made a member of the King's Council, and before very long he obtained (1473) the reversal of his attainder and the restoration of his estates at the price—hard for a lawyer to pay—of refuting in writing the arguments he had formerly adduced against Edward's title. An interesting reference to this treatise is made by Coke.