Sir William Oldhall, a friend and companion-in-arms of the Duke of York in France, had been summoned to the king’s councils more than once before.[83.2] But the last occasion was eleven years before this, at a time when it was doubtless felt to be necessary to obtain the sanction beforehand of all parties in the State to the proposed negotiations for peace at Calais. From that day till now we do not hear of him, and we may presume that he was not invited to Court. By the Duke of York’s letter just quoted, it would seem that courtiers had planned to have him beheaded. But now the old exclusiveness was defeated. Men whose patriotism and generalship, it was believed, would have averted the loss of France, were at length allowed free access to their sovereign; while [84] men who were believed to have culpably misdirected the king, and by their favouritism and partiality to have perverted the course of justice throughout the kingdom, stood in fear of a strict inquiry being made into their misdeeds. For such was the sole purport of the ‘bill,’ or petition presented by the Duke of York as mentioned by William Wayte, the exact text of which will be seen in No. 143. The king’s answer to this is preserved in Holinshed as follows:—
The Answer of King Henry to the Duke of York
Cousin, as touching your bill last put up to us, we understand well that ye, of good heart, counsel and advertise us to the setting up of justice and to the speedy punishing of some persons indicted or noised, offering your service to be ready at commandment in the same; sith it is, that for many causes moving us to have determined in our soul to stablish a sad and substantial Council, giving them more ample authority and power than ever we did before this, in the which we have appointed you to be one. But sith it is not accustomed, sure, nor expedient, to take a conclusion and conduct by advice or counsel of one person by himself, for the conservation (?) it is observed that the greatest and the best, the rich and the poor, in liberty, virtue and effect of their[84.1] voices be equal; we have therefore determined within ourself to send for our Chancellor of England and for other Lords of our Council, yea and all other, together within short time, ripely to common of these and other our great matters. In the which communication such conclusions, by the grace of God, shall be taken, as shall sound to His pleasure, the weal of us and our land, as well in these matters as in any other.
Politics in Norfolk.
The time was favourable to men like John Paston, who had been wronged by a powerful neighbour such as Lord Molynes, and had been hitherto denied redress. There seemed also a hope of destroying, once for all, the influence of Tuddenham and Heydon in the county of Norfolk. It was proposed that on the Duke of York visiting Norfolk, which he intended to do, the mayor and aldermen of Norwich should ride to meet him, and that complaints should be preferred against the party of Tuddenham and Heydon in the name of the whole city. ‘And let that be done,’ adds William Wayte, [85] ‘in the most lamentable wise; for, Sir, but if (i.e. unless) my Lord hear some foul tales of them, and some hideous noise and cry, by my faith they are else like to come to grace.’ Owing to the influence of the Duke of York, a new Parliament was summoned to meet in November, and John Paston was urged by some friends to get himself returned as a member. But it was still more strongly recommended that the Earl of Oxford should meet the duke, apparently with the view of arranging the list of candidates—a responsibility which the earl, for his part, seems to have declined. The Duke of Norfolk met with the Duke of York at Bury St. Edmunds, and these two dukes settled that matter between them. The Earl of Oxford modestly contented himself with reporting their decision, and advising that their wishes should be carried into effect.[85.1]
The Parliament met on the 6th November, and Sir William Oldhall was chosen Speaker. About the same time a commission of Oyer and Terminer which had been issued as early as the first of August,[85.2] began its labours at Norwich, and the Earl of Oxford stayed away from Parliament to attend it. Mr. Justice Yelverton was sent down from Westminster to sit on that tribunal along with him. There seemed hope at last of redress being had for the wrongs and violence that had prevailed in the county of Norfolk; but the course of justice was not yet an easy one. Great pressure had been put upon the king, even at the last moment, that Yelverton should be countermanded, and Lord Molynes had spoken of his own dispute with Paston in the king’s presence in a manner that made the friends of the latter wish he had been then at Westminster to see after his own interests. The Lords of the Council, however, determined that Yelverton should keep [86] his day for going into Norfolk. When he arrived there, he had occasion to report that there were many persons ill-disposed towards Tuddenham and Heydon, but that it was most important they should be encouraged by a good sheriff and under-sheriff being appointed, else there would be a total miscarriage of justice. For the annual election of sheriffs had been delayed this year, apparently owing to the state of parties. Until the Duke of York arrived in London for the Parliament, his friends would not allow them to be nominated; and the state of suspense and anxiety occasioned by this delay is clearly shown in the letters written during November.[86.1]
The truth is, the Duke of York had not yet succeeded in establishing the government upon anything like a firm or satisfactory basis. In times like our own there is little difficulty in determining the responsibility of ministers; but in the rough judgment of the ‘Commons’ of those days an error in policy was nothing short of treason. Whoever took upon him to guide the king’s counsels knew very well the danger of the task; and York (if I understand his character aright) was anxious, until he was driven desperate, never to assume more authority than he was distinctly warranted in doing. He could not but remember that his father had suffered death for conspiring to depose Henry V., and that his own high birth and descent from Edward III. caused his acts to be all the more jealously watched by those who sought to estrange him from his sovereign. He therefore made it by no means his aim to establish for himself a marked ascendency. He rather sought to show his moderation. I find, indeed, that at this particular period he not only removed two members of the Council, Lord Dudley and the Abbot of St. Peter’s at Gloucester, but sent them prisoners to his own castle of Ludlow.[86.2] This, however, he could hardly have done without permission from the king, as it was the express object of his petition above referred to, that persons accused of misconducting themselves in high places should be committed for trial; and judging from the terms of the king’s answer, I should say that it must have been done by [87] the authority of the new Council, which Henry therein declared it to be his intention to constitute.
This new Council was probably what we should call in these days a coalition ministry. The Duke of Somerset. York’s great rival, the Duke of Somerset, had come over from Normandy a little before York himself came over from Ireland. On the 11th of September, while Cardinal Kemp, who was then Lord Chancellor, was sitting at Rochester on a commission of Oyer and Terminer to try the Kentish rebels,[87.1] he affixed the Great Seal to a patent appointing Somerset Constable of England.[87.2] In that capacity, as we have already seen, the duke arrested one of the new Kentish leaders that started up after Cade’s rebellion had been quelled. There is no doubt that he stood high in the king’s confidence, and that he was particularly acceptable to Queen Margaret. He was, nevertheless, one of the most unpopular men in England, on account of his surrender of Caen and total loss of Normandy in the preceding year; and as the Parliament was now called, among other reasons, expressly to provide for the defence of the kingdom, and for speedy succours being sent to preserve the king’s other dominions in France,[87.3] it was impossible that his conduct should not be inquired into. The short sitting of Parliament before Christmas was greatly occupied by controversy between York and Somerset.[87.4] On the 1st of December the latter was placed under arrest. His lodgings at the Black Friars were broken into and pillaged by the populace, and he himself was nearly killed, but was rescued from their violence by a barge of his brother-in-law the Earl of Devon. Next day the Dukes of York and Norfolk caused proclamation to be made through the city that no man should commit robbery on pain of death, and a man was actually beheaded in Cheap for disobeying this order. As a further demonstration against lawlessness, the king and his lords, on Thursday the 3rd December, rode through the city in armour, either side of the way being kept by a line of armed citizens throughout the route of the [88] procession. It was the most brilliant display of the kind the Londoners of that day had ever seen.[88.1]
The Duke of Somerset did not long remain in prison. Very soon after Christmas the king made him captain of Calais, and gave him the entire control of the royal household.[88.2] The Court was evidently bent on the restoration of the old order of things, so far as it dared to do so. The chief obstacle to this undoubtedly was the Parliament, which was, on the whole, so favourable to the Duke of York, that one member, Young of Bristol, had even ventured to move that he should be declared heir to the crown.[88.3] Parliament, however, could be prorogued; and, as Young found shortly afterwards, its members could be committed to the Tower. The speech of the Lord Chancellor on the meeting of Parliament had declared that it was summoned for three important causes: first, to provide for the defence of the kingdom, and especially the safeguard of the sea; secondly, for the speedy relief of the king’s subjects in the south of France, and aid against the French; thirdly, for pacifying the king’s subjects at home, and punishing the disturbances which had lately been so frequent. But practically nothing was done about any of these matters before Christmas. An act was passed for the more speedy levying of a subsidy granted in the last Parliament, and also an act of attainder against the murderers of William Tresham. The Lord Chancellor then, in the king’s name and in his presence, prorogued the Parliament till the 20th of January, declaring that the matters touching the defence of the kingdom were too great and difficult to be adequately discussed at that time. The same excuse, however, was again used for further prorogations until the 5th of May; and meanwhile fears began to be entertained in the country that all that had been done hitherto for a more impartial administration of justice was about to be upset.[88.4]
A.D. 1451.