met in November ; it settled the crown on Henly <strong>an</strong>d hisson with remainder to Clarence', <strong>an</strong>d reversed the L<strong>an</strong>castri<strong>an</strong>attainders, thus enabling the Dukes of Somerset<strong>an</strong>d Exeter, <strong>an</strong>d the Earls of Pembroke <strong>an</strong>d Richmond,Margaret to return to Engl<strong>an</strong>d early in 1471. Me<strong>an</strong>while Margaretdetainedin Fr<strong>an</strong>ce. <strong>an</strong>d her son, with Fortescue <strong>an</strong>d others in their train,were still detained in Fr<strong>an</strong>ce2. Mr. Kirk has suggestedthat the delay was due to Louis, who wished to give hisespecial ally Warwick time to establish himself firmlybefore allowing the genuine L<strong>an</strong>castri<strong>an</strong>s to depart3.If this was his object, his astuteness, not for the firstSchclneof time, over-reached itself. <strong>The</strong> delay was fatal. It mustreformhave been during this interval that Fortescue drew upby For- the state-paper now printed for the first time4, <strong>an</strong>dtescne.entitled 'Articles sent from the Prince to the Earl ofWarwick his father-in-law.' That it is by Fortescuec<strong>an</strong>not be doubted by <strong>an</strong>y one who compares it withthe present work, its precise relation to which will bediscussed later6. In it he advised hat all claims forreward <strong>an</strong>d compensation should be reserved for theconsideration of the Council, <strong>an</strong>d that the King shouldforbear for the first year to keep the usual royal household.<strong>The</strong> other points are all embodied in the present work<strong>an</strong>d are discussed in the notes. Whether the paper had<strong>an</strong>y influence on Warwick's policy c<strong>an</strong>not be determined.I<strong>an</strong>ding of At length, on Easter-Day, April 14th, Margaret withMnrgaret. her son <strong>an</strong>d FortescueG l<strong>an</strong>ded at Weymouth, only tolearn on the morrow that on the very day of their l<strong>an</strong>dingWarwick had been overthrown <strong>an</strong>d slain by Edward atBarnet, <strong>an</strong>d that Henry was once more a prisoner. To Fortescue,who had done so much to bring about the alli<strong>an</strong>cel This c<strong>an</strong> hardly have been,as Lord Clermont suggests (U. S.p. so), Fortescue's me<strong>an</strong>s forreconciling Edward IV to therevolution. To him the successionof Clarence would ha\e heen avery poor consolation.B In November-December I470they seem to have been withLouis at Ainboise; Waurin,iii.qx-6.<strong>The</strong>nce they went to Paris ; Coinmynes,U. S. ii. 88. In FebruaryHenry sent to fetch his wife <strong>an</strong>dson, but in vain ; Rymer, xi. 693.Charles the Bold, ii. 85.' Below, Appendix B.' Below, pp. 89, 95.<strong>The</strong>y were proclaimed traitorsApril 27th ; Rymer, xi. 709.with Warwick, the blow must have been particularly severe.Somerset however, <strong>an</strong>d others who joined them at Cernet\bbas after their arrival, maintained that the removal ofWarwick was a source of strength rather th<strong>an</strong> of wcaknessto their party'. It was resolved to persevere, <strong>an</strong>d if theyhad been able to carry out their pl<strong>an</strong> <strong>an</strong>d gain the strongholdsof their party in the North, the issue might yet havebeen doubtful. But the rapidity of Edward's movements Rattle Tewkes- ofmade this impossible, <strong>an</strong>d at Tewkesbury, on the 4th of bury.May, the L<strong>an</strong>castri<strong>an</strong> cause was finally overthrown.Prince Edward, the hope of the house, was slain. Margaret,now childless <strong>an</strong>d soon to be a widow, was reservedto grace the conqueror's triumph2. She remained aprisoner till 1475" when she was r<strong>an</strong>somed, <strong>an</strong>d she diedin 1482, too soon to see the downfall of the houseagainst which she had striven so long. Within three Death orweeks of the battle of Tewkesbury perished Henry VI. Hen'yVr.His life was no longer valuable, <strong>an</strong>d he died. His virtues<strong>an</strong>d his misfortunes had deeply touched the heartof Engl<strong>an</strong>d, <strong>an</strong>d his death gave them the final consecration.Much as Engl<strong>an</strong>d had suffered undcr him, sheheld him guiltless4, <strong>an</strong>d the voice of the people decreedto him a c<strong>an</strong>onization more real th<strong>an</strong> <strong>an</strong>y which Popesor Churches have it in thcir power to bestow5. Fortescue Fate ofwas among the prisoners of ~elikesbur~, <strong>an</strong>d his life was Fortescue.spared0. Now that his cause was expired <strong>an</strong>d his master'For that los, theyr partye wasnevarthefebler,butrather strongar.'Arrival of Edward IV, p. 23.' Servata incolumis, ut <strong>an</strong>teRegem triumph<strong>an</strong>tem curru vehereturLondonias ; quod et facturnest ;' Cont. Croyl. p. 555. OnDec. 16, 1470, she had also losther brother, John of Calabria.' <strong>The</strong> articles for her delivery,signed ' Loys,' are in MS. Cott.Vesp. F. iii, f. 30.'And alle bycause of his falslordes <strong>an</strong>d nevere of hym ;' Warkworth,p. 12. '<strong>The</strong> kyng knonethnot alle ;' Political Songs, ii. 230.It must be confessed however thatforeigners speak with much lessreserve of Henry's incapacity as aruler; cf. e. g. Chastellain <strong>an</strong>dWaurin.3 Unde et agens tyr<strong>an</strong>ni, patiensqueglorios~ inartyris titulummereatur,' says the Yorkist Croyl<strong>an</strong>dContinuator, p. 566 ; cf. thehymn toHenry in Warkworth,p.xxi.G In Paston Letters, iii. g, Fortescue(under the name of 'LordFoskew ') is mentioned amongthose beheaded after Te\vkesbury,though a note is added to say thathe <strong>an</strong>d SirWillialn Grymesby werest~ll alive. <strong>The</strong> latter was executed; Warkworth, p. 18. It
Requiredto write infavour ofthe Yorkisttitle.Date ofhis deathunknown.dead1, Fortescue c<strong>an</strong>not be blamed for accepting theclemency of the conqueror. <strong>The</strong>re was in fact nothingleft to fight for. In October, 1471, his pardon passedthe Great Seal, <strong>an</strong>d soon after he was made one 'ofthe King's Councell 2.' But before obtaining the reversalof his attainder <strong>an</strong>d the restoration of his estates, he wasrequired to write in favour of the king's title, <strong>an</strong>d refutethe arguments which he had formerly brought against it 3.How he executed this task will be told later 4. In October,1473, he petitioned the king in Parliament for his restorationon the ground that this had been done. Hispetition was gr<strong>an</strong>ted 5. An exemplification of this petition<strong>an</strong>d the <strong>an</strong>swer to it passed the Great Seal in February,1475. <strong>The</strong> restoration of his estates was no doubt facilitatedby the fact that the bulk of them had been gr<strong>an</strong>tedto Lord Wenlok, who joined Warwick against Edward,<strong>an</strong>d fell at the battle of Tewkesbury 6. Fortescue residedat Ebrington after his restoration to his estates, <strong>an</strong>d isburied in the church of that parish. <strong>The</strong> last notice ofhim which has been discovered belongs to February, 1476,when he delivered into the E.ucknauer <strong>an</strong> Assize which hadbeen taken before him when he was Chief Justice7. Heis said to have lived to the age of ninety, but even if thistradition could be relied on, the uncertainty which as we havewould seem therefore that Fortescue'sexecution was considered acertainty at the time. Fortescueis called ' Lorde Foscheme ' alsoby Gregory, p. 217.l <strong>The</strong>se are Fortescue's own espressionsin the ' Declaration oncertain IVritings,' Works, p. 532.Ib. 533.<strong>The</strong>re is no ebidence for thestory told by Lord Campbell <strong>an</strong>drepeated by Lord Cler~nont thatthe iinposition of this conditionwas due to Fortescue's successorChief Justice Billing. See Foss,Judges, iv. 417-8. That Fortescueshould under the circulnst<strong>an</strong>ceshave complied \I it11 this conditioninerits no particular blame. Butwe certainly c<strong>an</strong>not make it amatter of special praise as Cokedoes. (Cited, Fainily Hist. p.49.) Fortescue himself evidentlythought it savoured of 'doubleness'<strong>an</strong>d required <strong>an</strong> apology; Works,- -..P. 532.Below, pp. 78-9.Rot. Parl. vi. 69 a.As early as 1468 Wenlok wascharged wiih cor;esponding withXIargaret ; W. Worcester, p. 790 ;cf. IVaurin, iii. 189 f. For the gr<strong>an</strong>tof Fortescue's l<strong>an</strong>ds to Wenlok, seeabove, p. 43, 7zofe; cf. Rot. Parl.v. 581 b. Between the gr<strong>an</strong>t toWenlok <strong>an</strong>d Fortescue's restorationthe reversion of Ebringtonmust have fallen in ; v. S. p. 43.Knl. Exch. iii. 8, in Foss, U. S.P. 314.seen h<strong>an</strong>gs over the date of his birth1 would make itfor the determination of the date of his death.~ u on t <strong>an</strong>y computation his days must have exceededthe allotted threescore years <strong>an</strong>d ten. Of his wife I have His wife<strong>an</strong>d family.found only one notice after 1447, <strong>an</strong>d from this it appearsthat she was alive in September, 1455, <strong>an</strong>d died before May,14722; nor have I discovered whether she or <strong>an</strong>y of hisfamily accon~p<strong>an</strong>ied him in his w<strong>an</strong>derings. He had oneson <strong>an</strong>d two daughters, all of whom had married beforethe time of their father's exiIe3. His only son Martinhowever died before him, Nov. I lth, 1471 4, at a timewhen political disappointments must have rendered thisheavy private bereavement additionally hard to bear.In favour of this son Fortescue had in 34 Henry VI, byme<strong>an</strong>s of a fine levied in the Court of Common Fleas,divested himself of the estates in Devonshire, which aswe have seen he had himself received from his brotherHenry5. Martin Fortescue left two sons, of whom theelder bore his gr<strong>an</strong>dsire's name of John, while the youngerwas named William. From the former is descended the His depresentEarl Fortescue, the latter is the <strong>an</strong>cestor of Lord scend<strong>an</strong>ts.Clermont <strong>an</strong>d his brother Lord Carlingford. To theelder line belonged Lord Fortescue of Cred<strong>an</strong>, who actedas judge in all three Courts of Common Law, <strong>an</strong>d wasthe first editor of the present work; to the younger linebelonged William Fortescue, the friend of Pope, who aftersitting in the Exchequer <strong>an</strong>d Common Pleas, becameultimately Master of the Rolls G. So that in Fortescue'scase his own remark has been amply verified, that fromthe families of judges often descend nobles <strong>an</strong>d greatmen of the realm7.' Above, pp. 40-1.This is the ~nquisition takenafter the death of her son Xlartin :from which it appears that she wasalive in 34 Hen. VI, but dead onMay 12th, 12 Edw. IV. Printed byLord Clermont, Faillily History,PP. 144-6-' lb. 53-1.Not Nov. ~zth, 1472, as LordClermont says ; ib. 94, 127-8.See the docuinent cited in the lastnote but one.Above, p. 43.G See Loid Clerinont's FamilyHistory, <strong>an</strong>d the pedigrees thcregiven.De Laudibus, c. 51.
- Page 1 and 2: OTHER WISE CALLEDThe Difference bet
- Page 3 and 4: THE work here presented to the read
- Page 5 and 6: preface. preface, xihistorical bear
- Page 7 and 8: NOTE.-AS a general rule the authori
- Page 9 and 10: xviii CLbconological Cable, QLbrono
- Page 11 and 12: INTRODUCTION.PART I.TIIE fifteenth
- Page 13 and 14: Key-note ' The key-note of the Lanc
- Page 15 and 16: 3(n troduction,His reign only as de
- Page 17 and 18: directed, and they must therefore b
- Page 19 and 20: crimes from punishment'. This evil,
- Page 21 and 22: Perversionof justice.Localoffice1 S
- Page 23 and 24: Influence use their local power to
- Page 25 and 26: houses of Parliament an oath agains
- Page 27 and 28: Tumber of action lay1. One cause of
- Page 29 and 30: The House been judged in history fo
- Page 31 and 32: does not involve the acquittal of t
- Page 33 and 34: life as ahnrrister.become possessed
- Page 35 and 36: ford Castle a prisoner named Thomas
- Page 37 and 38: Anarbitra- Wentworth and Sir John F
- Page 39 and 40: The Lancastriansretirenorthwards.Ag
- Page 41 and 42: which they said was ruining the cou
- Page 43 and 44: Illterview way alone. At Bdthune th
- Page 45: feelings the exiles received the ne
- Page 49 and 50: Other come down to us for the most
- Page 51 and 52: And moche good truly gotyn hath bee
- Page 53 and 54: Date.The DeI.arrcfi6usLegurnA uglii
- Page 55 and 56: The RIS. is well and correctly writ
- Page 57 and 58: cording to Mr. Thompson, is of the
- Page 59 and 60: I'robably On the whole, the second
- Page 61 and 62: Aquinas, six I have failed to trace
- Page 63: Fortescue'scontemporaries.Littleton
- Page 66 and 67: sithpn thai had a kynge, wich was G
- Page 68 and 69: that cause and for gret necessite w
- Page 70 and 71: such meane. And yet of necessite th
- Page 72 and 73: and sqviers, and oper, in also gret
- Page 74 and 75: or by lande, pe kyng most encomptre
- Page 76 and 77: grettest lordes off Englond, rose a
- Page 78 and 79: as hynl liste. And by discente per
- Page 80 and 81: haue wherwith to bie hem bowes, arr
- Page 82 and 83: Ther is no man hanged in Scotlande
- Page 84 and 85: e kyng be counsellyd to restrayne g
- Page 86 and 87: pe Romans, but also is hyghnes shal
- Page 88 and 89: muned and del~bered with his fforsa
- Page 90 and 91: CRITICAL NOTES.CHAPTER I.P. 109. 1.
- Page 92 and 93: Bfbe bobernance of QEnfiian'tr,CHAP
- Page 94 and 95: 1. 24. parcial] parcialite L (from
- Page 96 and 97:
for granting taxes was the same as
- Page 98 and 99:
moral philosophy, but consists of a
- Page 100 and 101:
are brought about by the sin of man
- Page 102 and 103:
note$+ QLbap. ii,regendo: non autem
- Page 104 and 105:
note$+ CCbap, ii,up in the most une
- Page 106 and 107:
Later statutes fixed the limit of l
- Page 108 and 109:
&be bobernanre of QEngIanD*applied
- Page 110 and 111:
of the household of George Duke of
- Page 112 and 113:
RgidiusRumanus.. . . homines sibi s
- Page 114 and 115:
note see Janet, i. 35 1-373, 396,42
- Page 116 and 117:
'Ordinaryand extraordinaryexpenditu
- Page 118 and 119:
p----p---3723ESTIMATED EXPENDITURE.
- Page 120 and 121:
pestifera.' Very possibly Fortescue
- Page 122 and 123:
i the clerkys off theschekquer.] Be
- Page 124 and 125:
eciting how 'the seid Duc . . . lat
- Page 126 and 127:
was defined by Parliament in 4 Edwa
- Page 128 and 129:
punish ' piratas et spoliatores mer
- Page 130 and 131:
marchandyse is lost, . . . the see
- Page 132 and 133:
Transition pensiononmg, as it was d
- Page 135 and 136:
@Lbap+ bii,commiscomissioners in gr
- Page 137 and 138:
ap1-0,Bterc,cjzt4IjAnd on the other
- Page 139 and 140:
Charleshlartel.Fall of theCarolingi
- Page 141 and 142:
the Abbey of S. Albons' (July: Past
- Page 143 and 144:
York, married Constance and Isabell
- Page 145 and 146:
Taxon France, ii. 526, 533-4, 547,
- Page 147 and 148:
499 b). And no less than ~o,ooo mar
- Page 149 and 150:
which was probably in Fortescue's m
- Page 151 and 152:
holders of such grants are however
- Page 153 and 154:
286 Cbe Booernance of Qngianb.exter
- Page 155 and 156:
teristic of the Lancastrian times,
- Page 157 and 158:
such a contenuall counsell.] ' The
- Page 159 and 160:
character which the council might p
- Page 161 and 162:
which can not counsele hym' (Append
- Page 163 and 164:
306 &be bobernance of QEnglanD.'whe
- Page 165 and 166:
Sicque horum mediis concessit tande
- Page 167 and 168:
Ebe bobernance of QEngland.qualific
- Page 169 and 170:
Controlof the exchanges.Jealousyof
- Page 171 and 172:
during good behaviour. The Master o
- Page 173 and 174:
Cbe Qiobernance of QEngIand,says: '
- Page 175 and 176:
should be Justice, Chamberlain, Cha
- Page 177 and 178:
Offices per- system of executing of
- Page 179 and 180:
Defined by (e.g. Rot. Parl. v. 2 73
- Page 181 and 182:
have been detailed in the notes to
- Page 183 and 184:
of Sir Harris Nicolas there). This
- Page 185 and 186:
iiij. lordis temporelx, or in lasse
- Page 187 and 188:
y a pretensed title, saying he ys d
- Page 189 and 190:
'every broker, brogger, andhuckster
- Page 191 and 192:
suffre, suffer, 152. 14 ; soeffre,
- Page 193 and 194:
Cade, rising of, pp. 11, 284; hisco
- Page 195 and 196:
~ .-.~--hopes entertained of him, p
- Page 197 and 198:
Franchise, question of, in medizval
- Page 199 and 200:
Loans raised by the government,pp.
- Page 201:
Pisa, Council of, p. 243. .Pitt, se