John Courtenay, the third and last of these brothers, fell fighting for the Red Rose at the battle of Tewkesbury, 4 May, 1471. In his death, that branch of the family became extinct for the cause of the Red Rose, as their neighbours and relatives the Bonvilles suffered extermination, about the same time, and in a similar manner, contending for the White Rose.
But the charge against Humphrey, Lord Stafford, chiefly related to his alleged antagonism to Henry Courtenay, the second of these brothers, who was executed at Salisbury, and whose death he is said to have 'procured.' In those days of feud and intrigue, it is impossible to say what men may not have covertly done, to carry out their aims and designs, but it is to be hoped such was not really Stafford's conduct in this case, for if so, the signally sudden and similar retribution, that so soon afterward overtook him, was well deserved.
But be that as it may, it is certain that a large portion of the confiscated possessions of the Courtenays, "the bulk of the estate," about the time of the death of Henry Courtenay, was bestowed by Edward IV. on Stafford, and three years afterward, 7 May, 1469, he was raised by that monarch to the old and coveted title of Earl of Devon, and this while John Courtenay, the last of the three brothers, was still alive, as he perished at the battle of Tewkesbury two years afterward.
But John Courtenay, the true heir to the distinguished title, lived long enough to see this pretender to it as ignominiously extinguished, and it is remarkable that this illustrious heirloom, although twice conferred on others, each attempt has proved futile to wrest it from the rightful owners.
Sir Humphrey Stafford had been created Baron of Suthwyke, first by Writ of Summons dated 21 July, 1461, afterward confirmed by patent dated 24 April, 1464, and, as we have observed, he was further advanced to the dignity of Earl of Devon, 7 May, 1469.
Very soon after this honour was conferred on him, Edward despatched the Earl with eight hundred archers, to aid the Earl of Pembroke and his brother Sir Richard Herbert then in command of about seven thousand Welchmen, marching to give Sir John Coniers and the Lancastrians battle. The sequel cannot be better related than in the words of Cleaveland:—
"With these forces the Earl of Pembroke resolved to hinder the rebels in their journey, and having notice that they took their way by Northampton, he led the whole body of his army against them, having given orders to Sir Richard Herbert with two thousand soldiers, to wheel about and charge the enemy in the rear. Sir John Coniers had so carefully strengthened the rearward, that the Welch were repulsed with loss, whereupon Sir Richard Herbert retired to his brother, and Sir John Coniers diverted from his direct course to London, marched towards Warwick, where the Duke of Clarence, and the Earl of Warwick, had levied a mighty host. The Earl of Pembroke followed him closely, expecting an opportunity of cutting off some part of the enemy, as they marched disorderly, or to give battle to the whole army: but while he was in this pursuit of glory, a small difference between him and the Lord Stafford, ruined the whole attempt; for he encamping at Banbury, a question arose concerning an Inn, to which Stafford pretended, as having long used the house; but the Earl of Pembroke, in regard of his preheminence as General, was resolved to lodge in it. This so trivial distaste, (if there was no farther treason in it) grew so high, that Stafford withdrew himself and his English archers. The rebels, who soon had notice of this unhappy discord, gave the Earl's camp the next morning a sudden assault: the Welch received the charge so stoutly, that they took Sir Henry Neville, the leader; but, guilty of too much barbarity, most cruelly slew him in cold blood, by which act they raised so fierce a desire of revenge in the enemy, that the next day they gave the Earl battle, and the fight was longe and cruel, but at last the Welchmen fled; in the battle five thousand of the Welch were slain, and, among the few prisoners the Earl of Pembroke, and Sir Richard Herbert were taken, whose heads were soon after sacrificed to the ghost of Neville."
Another account says this quarrel about the Inn was the result of a matter of love rather than war, that "a fair damsel was resident in the house, of whom both Earls became enamoured, and contrary to the arrangement entered into between them, the first in possession should remain so, the Earl of Devon was dispossessed by the Earl of Pembroke, which excited so much discord between them that, unmindful of his duty to his Sovereign, and the cause in which he was engaged, he departed with his power,"—and so, as a consequence thereon, the Earl of Pembroke and his brother lost their lives, together with five thousand soldiers, who perished on the plain of Danesmore, near Edgcote, about three miles from Banbury, 6 July, 1469.
Treachery of this kind was not likely to be lightly passed over by Edward, justly angry at the defeat of his army, and ingratitude of the man he had so recently honoured. Orders were sent to the Sheriffs of Somerset and Devon to seize Stafford wherever they could find him, and put him to immediate death. The Earl had returned to Somerset, he was taken at the village of Brentmarsh, promptly conveyed to Bridgwater, and there at once beheaded in the market-place on the 17 Aug., 1469. His body was conveyed to Glastonbury, and buried under the south arch of the great tower, at the cross of the Abbey Church.
He had made his will some years before, bearing date 3 September, 1463, wherein he "bequeathed his body to be buried in the Church of our Lady at Glastonbury, and appointed Mr. Michael Goss, and Mr. Watts, then Wardens of the Grey Friars in Exeter, should for the salvation of his soul, go to every parish church, in the counties of Dorset, Somerset, Wilts, Devon, and Cornwall, and say a sermon in every church, and town, and other. And because he could not recompense such whom he had offended, he desired them to forgive his poor soul, that it might not be in danger" (Dugdale).