Part 16

It was upon the 19th of March that the Commons had pressed their petition for the establishment of a Council. Cardinal Kemp died on the 22nd. [Sidenote: Deputation of Lords to the king.] On the 23rd the Lords appointed twelve of their number as a deputation, headed by Waynflete, Bishop of Winchester, to ride to Windsor and endeavour, if possible, to lay the state of matters before the king. Their instructions were drawn up in six articles, but only two were to be communicated to the king if they found him unable to pay attention to what was said. These two were a mere assurance of anxiety to hear of his recovery, and that the Lords, under the presidency of the duke as his lieutenant, were using their best discretion in the affairs of the nation. If any response were made to these two articles, the deputation was then to tell him of the death of Cardinal Kemp, and ask to know his pleasure who should be the new archbishop and who should be appointed chancellor. They were to say that for the security of the Great Seals (there were at this time no less than three Great Seals used in the Chancery)[143-1] the Lords had caused them to be produced in Parliament, and after being seen by all the Lords they were enclosed in a coffer sealed by a number of the Peers present, and then laid up in the Treasury. Finally, they were to ask the king’s mind touching the establishment of a Council, telling him how much it was desired by the Commons, and suggesting the names of certain Lords and persons whom it was thought desirable to appoint as Councillors. All these matters, however, were to be communicated only to the king in the strictest privacy.[143-2]

[Footnote 143-1: Nicolas’s _Privy Council Proceedings_, vol. vi. preface, pp. clxxviii.-ix.]

[Footnote 143-2: _Rolls of Parl._ 240-1.]

The deputation returned two days after with a report of the total failure of their mission. They had waited on the king at Windsor just after he had dined, but could get from him no answer nor sign that he understood their message. [Sidenote: The king’s imbecility.] The Bishop of Winchester then told the king that the Lords had not dined, and that after they had they would wait on him again. After dinner accordingly they were again with him, and tried all they could to elicit an answer; but the king was speechless. They then proposed that he should go into another room, and he was led between two men into his bedchamber. A third and last effort was then made to rouse him by every expedient that could be imagined; and when all else failed, a question was put to him which involved no more than a simple yes or no. Was it his Highness’s pleasure that they should wait on him any longer? A long pause was allowed in the hope that any mere physical difficulty might be overcome. A faint nod, even a shake of the head, would have been regarded with some degree of satisfaction. But it was all in vain. ‘They could have no answer, word ne sign; and therefore with sorrowful hearts, came their way.’[144-1]

[Footnote 144-1: _Rolls of Parl._ 241.]

It was now clear that the highest constitutional authority resided for the time in the Lords Spiritual and Temporal. The reader, imbued with modern notions of the power and prestige of the House of Commons, may possibly think that their votes, too, should have been consulted in the formation of a Government. Such a view, however, would be radically erroneous. The influence which the House of Commons has in later times acquired--an influence so great that, at times unhappily, Acts are even passed by Peers against their own sense of right and justice, in deference to the will of the Lower Chamber--is a thing not directly recognised by the constitution, but only due to the control of the national purse-strings. Strictly speaking, the House of Commons is not a legislative body at all, but only an engine for voting supplies. The Peers of the realm, in Parliament or out of Parliament, are, according to the constitution, the sovereign’s privileged advisers. A king may, no doubt, at any time call to him what other councillors he pleases, and the prerogative of the Lords may lie dormant for a very long period of time; but the Peers of the realm have, individually or in a body, a right to tender their advice upon affairs of state, which belongs to no other class in the community.

On the 27th of March, therefore--two days after the report of the deputation that had seen the king at Windsor--the Lords took the first step towards the establishment of order and government, by electing Richard, Duke of York, as Protector and Defender of the realm. [Sidenote: The Duke of York Protector.] The title of Protector essentially implied an interim administrator during a period when the king, by legal or physical incapacity, was unable to exercise his regal functions in person. A Protector’s tenure of power was therefore always limited by the clause _quamdiu Regi placeret_. It was terminable by the king himself the moment he found himself able to resume the actual duties of royalty. Even a protectorship like that of Humphrey, Duke of Gloucester, instituted in consequence of the king being an infant, was terminated before the royal child was eight years old by the act of his coronation. The crowned and anointed infant became a king indeed, and therefore no longer required the services of a Protector; so from that day Duke Humphrey had ceased to wield any authority except that of an ordinary member of the Council. But, indeed, even during his protectorship, his powers were greatly circumscribed; and it had been expressly decided by the Council that he was not competent to perform an act of state without the consent of a majority of the other Lords. Richard, therefore, knowing that his powers would be limited, was most anxious that his responsibility should be accurately defined, that no one might accuse him thereafter of having exceeded the just limits of his authority. He delivered in a paper containing certain articles, of which the first was as follows:--

‘Howbeit that I am not sufficient of myself, of wisdom, cunning, nor ability, to take upon me that worthy name of Protector and Defender of this land, nor the charge thereto appertaining, whereunto it hath liked you, my Lords, to call, name, and desire me unworthy thereunto;--under protestation, if I shall apply me to the performing of your said desire, and at your instance take upon me, with your supportation, the said name and charge, I desire and pray you that in this present Parliament and by authority thereof it be enacted, that of yourself and of your free and mere disposition, ye desire, name and call me to the said name and charge, and that of any presumption of myself, I take them not upon me, but only of the due and humble obeisance that I owe to do unto the king, our most dread and Sovereign Lord, and to you the Peerage of this land, in whom by the occasion of the infirmity of our said Sovereign Lord, resteth the exercise of his authority, whose noble commandments I am as ready to perform and obey as any his liege man alive; and at such time as it shall please our blessed Creator to restore his noble person to healthful disposition, it shall like you so to declare and notify to his good grace.’[146-1]

[Footnote 146-1: _Rolls of Parl._ v. 242.]

In reply to this, it was put on record that it was ‘thought by the Lords that the said Duke desireth that of his great wisdom for his discharge.’ And they, too, for their own justification, resolved that an Act should be made according to a precedent during the king’s minority, setting forth that they themselves, from the sheer necessity of the case, had been compelled to take upon themselves the power of nominating a Protector. So jealous were the Lords of anything like an invasion of the royal prerogative!

Further, the duke required that the Lords would aid him cordially in the execution of his duties and would exactly define such powers and liberties as they meant him to exercise; that they would arrange what salary he should receive; and that all the Lords Spiritual and Temporal belonging to the King’s Council would agree to act in the Councils of the Protector. These matters being at length satisfactorily adjusted, the duke was formally created Protector by patent on the 3rd of April. It was, however, at the same time provided by another patent that the office should devolve on the king’s son as soon as he came of age.[146-2] After this, five Lords were appointed to have the keeping of the sea against the king’s enemies, and in addition to the subsidies already voted by Parliament for that object, a loan, amounting in all to £1000, was levied upon the different seaports.[146-3] This was but light taxation, and was no doubt cheerfully submitted to. The good town of Bristol, we know, did more than it was asked; for Sturmyn, the Mayor, fitted out a stately vessel expressly for the war.[146-4] Evidently there were zeal and patriotism in the country whenever there was a government that could make good use of them.

[Footnote 146-2: _Ibid._ 243.]

[Footnote 146-3: _Rolls of Parl._ 244-5.]

[Footnote 146-4: No. 249.]

[Sidenote: Calais again in danger.] And there was real need of that patriotism; for the French were again threatening Calais. They also made a descent in great force on the isles of Jersey and Guernsey, but were defeated by the valour and loyalty of the inhabitants, who killed or took prisoners no less than five hundred of their assailants.[147-1] A Council was called to meet at Westminster on the 6th of May, to take measures for the defence of Calais,[147-2] the result of which and of further deliberations on the subject was seen in the appointment of the Duke of York as captain or governor of the town, castle, and marches. This office was granted to him by patent on the 18th of July,[147-3] but he only agreed to undertake it, as he had done the Protectorship, subject to certain express conditions to which he obtained the assent of the Lords in Parliament. Among these was one stipulation touching his remuneration, in which he affirms that he had served the king formerly at his own cost in the important offices he had filled in France and in Ireland, so that owing to non-payment of his salary, he had been obliged to sell part of his inheritance and pawn plate and jewels which were still unredeemed.[147-4] A very different sort of governor this from the avaricious Somerset!

[Footnote 147-1: No. 247.]

[Footnote 147-2: Nicolas’s _Privy Council Proceedings_, vi. 174.]

[Footnote 147-3: Rymer, xi. 351. Carte’s _Gascon and French Rolls_.]

[Footnote 147-4: _Rolls of Parl._ v. 252.]

Meanwhile other changes had been made in the administration. On the 2nd of April--the day before the duke’s appointment as Protector--the Great Seal had been given to Richard Nevill, Earl of Salisbury, as chancellor; [Sidenote: Disturbances in the North.] and to prevent any renewal of disturbances in the North by the earl’s former opponent Lord Egremont, his father, the Earl of Northumberland, was summoned before the Council. But before the day came which was given him to make his appearance, news arrived that Lord Egremont had already been making large assemblies and issuing proclamations of rebellion, in concert with the Duke of Exeter. To restore tranquillity, it was thought proper that the Duke of York should go down into Yorkshire, where he no sooner made his appearance than his presence seems to have put an end to all disturbances. The Duke of Exeter disappeared from the scene and was reported to have gone up secretly to London; but the adherents of Lord Egremont continued to give some trouble in Westmoreland. Thither the Duke of York accordingly received orders from the Council to proceed; but he probably found it unnecessary, for on the 8th of June it is stated that he intended remaining about York till after the 20th. Every appearance of disturbance seems to have been quelled with ease; and a number of the justices having been sent into Yorkshire for the punishment of past offences, the Protector was able to return to London in the beginning of July.[148-1]

[Footnote 148-1: Nicolas’s _Privy Council Proceedings_, vi. 178, 193-7. Nos. 247, 249.]

It was at this time that the two eldest sons of the Duke of York, Edward, Earl of March, and Edmund, Earl of Rutland, who were of the ages of twelve and eleven respectively, addressed the following interesting letter to their father:[148-2]--

‘_To the ryght hiegh and myghty Prince, oure most worschipfull and gretely redoubted lorde and fader, the Duke of Yorke, Protector and Defensor of Englonde._

‘Ryght hiegh and myghty Prince, oure most worschipfull and gretely redoubted lorde and Fader, in as lowely wyse as any sonnes con or may we recomaunde us un to youre good lordeschip. And plaese hit youre hieghnesse to witte that we have receyved youre worschipful lettres yesturday by your servaunt William Cleton, beryng date at Yorke the xxix day of Maij, by the whiche William and by the relacion of John Milewatier we conceyve your worschipfull and victorious spede ageinest your enemyse, to ther grete shame, and to us the most comfortable tydinges that we desired to here. Where of we thonke Almyghty God of his yeftes, beseching Hym hertely to geve yowe that grace and cotidian fortune here aftur to knowe your enemyse and to have the victory of them. And yef hit plaese your hieghnesse to knowe of oure wilfare, at the makyng of this lettre we were in good helith of bodis, thonked be God; beseching your good and graciouse Faderhode of youre daily blessing. And where ye comaunde us by your said lettres to attende specialy to oure lernyng in our yong age that schulde cause us to growe to honour and worschip in our olde age, Please hit youre hieghnesse to witte that we have attended owre lernyng sith we come heder, and schall here aftur; by the whiche we trust to God youre graciouse lordeschip and good Fadurhode schall be plaesid. Also we beseche your good lordeschip that hit may plaese yowe to sende us Harry Lovedeyne, grome of your kechyn, whos service is to us ryght agreable; and we will sende yow John Boyes to wayte on youre good Lordeschip. Ryght hiegh and myghty Prince, our most worschipfull and gretely redoubted lorde and Fader, We beseche Almyghty God yeve yowe as good lyfe and longe as youre owne Princely hert con best desire. Writen at your Castill of Lodelow the iij day of June.--Youre humble sonnes,

‘E. MARCHE, ‘E. RUTLOND.’

[Footnote 148-2: Printed from the original in MS. Cott., Vespasian F. xiii. fol. 35.]

Soon after the duke had returned to London his presence was required at a Great Council summoned for the 18th of July, to consider the expediency of liberating on bail his great rival and personal enemy, the Duke of Somerset, who had been now seven months in prison. [Sidenote: The Duke of Somerset.] On this point York had only one piece of advice to offer, which was, that as he had been committed to custody upon suspicion of treason, the opinion of the judges should be taken before he was released from confinement. That he had remained so long without a trial was not unnatural, considering the nature of the times. It was a bold step indeed to try him at all, while there was a chance of the weak-minded king’s recovery; but this step was certainly resolved on. The 28th of October was the day appointed for his trial; and the Duke of Norfolk, who, as we have seen, had been the first to move the capital charge against him, was ordered by that day to be ready to produce his proofs. Meanwhile the lords concurred that it was clearly inexpedient to let him go, especially as the number of lords assembled was not so great as it should have been on the occasion; and the opinion of the Duke of York was not only agreed to, but at his request was put on record.[149-1]

[Footnote 149-1: Nicolas’s _Privy Council Proceedings_, vi. 207.]

Six days later it was agreed at another meeting of the Council that the Duke of York should return into the North with the Duke of Exeter in his custody, whom he was to confine in the castle of Pomfret as a state prisoner.[150-1]

[Footnote 150-1: Nicolas’s _Privy Council Proceedings_, vi. 217, 218.]

By these decisive steps the authority of the Duke of York was at length secured on something like a stable footing. During the remainder of his protectorate there could no longer be a doubt to whose hands power was committed; and England, at last, had the blessing of real government, able and vigorous, but at the same time moderate. The resolutions of the Council soon became known to the public. ‘As for tidings,’ wrote William Paston to his brother in Norfolk, ‘my lord of York hath taken my lord of Exeter into his award. The Duke of Somerset is still in prison, in worse case than he was.’ William Paston wrote in haste, but these were two matters of public importance to be mentioned before all private affairs whatever.[150-2] And yet the private affairs of which he wrote in the same letter will not be without interest to the readers of this Introduction. [Sidenote: Sir J. Fastolf goes to reside in Norfolk.] William Paston now reported to his brother that Sir John Fastolf was about to take his journey into Norfolk within a few days, and proposed to take up his residence at Caister. His going thither must have been regarded as an event not only in the neighbourhood of Yarmouth but even in the city of Norwich. At all events it was highly important to John Paston, whose advice the old knight valued in many matters. ‘He saith,’ wrote William Paston to his brother, ‘ye are the heartiest kinsman and friend that he knoweth. He would have you at Mauteby[150-3] dwelling.’ This must have been written in the latter part of July. Sir John did not actually go into Norfolk quite so soon as he intended; but he appears to have been there by the beginning of September.[150-4]

[Footnote 150-2: No. 254.]

[Footnote 150-3: The manor of Mauteby, which came to John Paston by his marriage, was only three miles distant from Caister.]

[Footnote 150-4: No. 260.]

There in his completed castle of Caister he had at length taken up his abode, to spend the evening of his days in the place of his birth, and on the inheritance of his ancestors. There during the next five years he spent his time, counting over the items of a number of unsettled claims he had against the crown,[151-1] and meditating also, it would seem, on another account he had with Heaven. For the latter the foundation of a college[151-2] or religious endowment, in which were to be maintained ‘seven priests and seven poor folk’ at Caister, might possibly liquidate his debts. But in his transactions with his fellowmen he was certainly for the most part a creditor, and by no means one of the most generous. Instances will be found in his letters in abundance showing with what vehemence (testy old soldier that he was!) he perpetually insisted on what was due to himself;--how he desired to know the names of those who would presume to resist his agent, Sir Thomas Howes--how they should be requited ‘by Blackbeard or Whitebeard, that is to say, by God or the Devil’;[151-3]--how he noted that Sir John Buck had fished his stanks and helped to break his dam;[151-4] how he had been informed that at a dinner at Norwich certain gentlemen had used scornful language about him, and desired to know who they were.[151-5] In this perpetual self-assertion he seems neither to have been over-indulgent towards adversaries nor even sufficiently considerate of friends and dependants. ‘Cruel and vengeable he hath been ever,’ says his own servant Henry Windsor, ‘and for the most part without pity and mercy.’[151-6] So also on the part of his faithful secretary, William Worcester, we find a complaint of shabby treatment, apparently at this very time when the household was removed to Caister. To a letter in which John Paston had addressed him as ‘Master Worcester,’ the latter replied with a request that he would ‘forget that name of mastership,’ for his position was by no means so greatly improved as to entitle him to such respect. His salary was not increased by one farthing in certainty--only ‘wages of household in common, _entaunt come nows plaira_’--which apparently means, assured to him only during his master’s pleasure. When he complained to his master of this, all the satisfaction he obtained was that Sir John expressed a wish he had been a priest, when he could have rewarded him with a living.[152-1]

[Footnote 151-1: Nos. 309, 310.]

[Footnote 151-2: Nos. 340, 350, 351, 385, 386, 387.]

[Footnote 151-3: No. 125.]

[Footnote 151-4: Nos. 160, 161.]

[Footnote 151-5: No. 272.]

[Footnote 151-6: No. 332.]

[Footnote 152-1: Nos. 258, 259.]