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Henry-VII-Notes - lecture notes for this topic
Criminal Law (LW2220)
University of Leicester
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Henry VII, 1485–
Henry Tudor’s consolidation of power:
Claim to the throne: -Henry had a fairly weak claim to the throne: Through his mother Margret Beaufort, who was a direct descendant of Edward III Arguably through his father Edmund Tudor, a Welshman of royal lineage -In reality, Henry’s claim to the throne rested on his victory in battle, which would be a sign of Gods approval
Character: -Well educated -Prudent -Cautious -Shrewd -‘More included to peace than to war’ – Polydore Vergil -Greedy -Miser (a person who hoards money|)
Aims: -Henry’s overarching aim was to remain king and establish his dynasty by handing on an unchallenged succession to his descendants. -In order to secure and strengthen his dynasty he would have to: Establish effective government Maintain law and order Control the nobility Secure the crown finances
The Battle of Bosworth (22nd Aug 1485): -Henry Tudor built up support from those who disliked the Rule of Richard, who had proclaimed the throne after the death of Edward -It is argued that Henry fought effectively at Bosworth and defeated Richard III despite him opponent having a larger army (8000 vs. 12000) -It can be argued that Henry was somewhat fortunate as he only received the support of the Stanley brothers late on the battle, which was seemingly a decisive turning point.
Establishing the Tudor dynasty:
Predating his kingship: He dated his reign form 21st of August, the day before the battle of Bosworth Therefore, Richard and his supporters could be declared traitors, which meant their estates became the property of the crown by Acts of Attainder Dealing with Yorkists: Surviving Yorkist nobility were tiers pardoned or eliminated He sent the earl of Warwick (the most direct challenge to the throne in relation to bloodline) to the tower of London. He remained there until 1499, when he was executed for conspiring with Perkin Warbeck Sir Thomas Stafford and Edmund de la Pole, Earl of Suffolk were executed. They were unwilling to work with the new king and so had to be disposed of. This would also set a powerful example to deter other potential rebels
However, Henry did not deal harshly with Richard’s heir, John de la Pole, the Earl of Lincoln and his brother the Earl of Suffolk. Instead he gave them the opportunity to profess their loyalty and after doing so they were invited to join the Royal Council, as they could prove useful. It can be argued that a key reason for Henry VII maintaining power was that he secured the service of former Yorkist adherents at court and in his administration Lincoln remained loyal until the spring of 1487, when he fled the court and joined the pretender Lambert Simnel. Lincoln was killed at the Battle of Stoke in June 1487 Rewarding Supporters: Sir William Stanley was made Lord Chamberlain Jasper Tudor, Henry's uncle, became Duke of Bedford amongst other positions Henry’s willingness to maintain the loyalty of powerful, talented men, and his willingness to reward them were key elements in the stability of his government. Royal Progress (1486): Demonstrated his Royal power to his subjects Marriage to Elizabeth of York: (1486): This united the 2 houses of Lancaster and York, and put an end to the violence, instability and weakness caused by the Wars of the Roses He ensured that his coronation in October 1485 came before his marriage in January 1486, so that he could not be accused of claiming the throne through his wife. Elizabeth soon gave birth to a son (September 1486), which helped to establish a future for the Tudor dynasty, creating a sense of permanence, further consolidating Henry's power Enlisted the support of the church: Henry offered the Church his patronage and protection and it publically upheld his God-given right to rule The Pope supported Henry Gained control over the nobility: The Wars of the Roses had resulted in the nobility increasing in power The nobility posed a key threat because Henry’s claim to the English crown was weak Henry controlled the nobility using a ‘carrot and stick’ method by offering rewards and by issuing threats This decreased their power without alienating them and reducing their role completely Secured the support kings of France and Spain: They recognized the legitimacy of his kingship This removed the threat of foreign invasion Ensured Law and Order: Agents of central government, such as JPs and sheriffs, support by trusted noble governs worker through regional councils, brought the kingdom under control
How did Henry VII build up his control over the nobility?
Controlling the Nobility: -Henry needed to decrease the power of the nobility, who could be seen as potential rivals due to the large amount of land that they had acquired during the wars of the roses, without alienating them and reducing their role completely -Henry sough to control the nobility using a ‘carrot and stick method’ by offering rewards (such as patronage) in addition to issuing threats (acts of attainder and bonds and recognisances)
-Nobles who broke their bond of good behaviour had to forfeit the previous agreed amount of money to the Crown, thus increasing Henry's finances whist simultaneously increasing the power of the crown -He established the Council Learned in the Law to act as a royal debt collector -2/3rds of nobility were held under bonds and recognizances, illustrating the extent to which Henry controlled the nobility through intimidating and financial ruin. For example, Henry placed Burgavenny (who was accused of illegal retaining) under a bond, which required him to pay £5,000 a year for 10 years. This not only limited the threat of Lord Burgavenny but also sent a powerful message to the nobility that to go against Henry would lead to serious financial repercussions, thus consolidating his authority -Whilst Henry did use financial punishments frequently, he was careful not to be overly excessive, i. he did not destroy the wealth of the nobility -However, as with Henry’s use of attainders, there is evidence that his financial penalties became more severe as his reign went on, possibly as a result of the deaths of his son Edmund (1500), Arthur (1502) and Elizabeth (1503).
Feudal Dues: -Henry was keen to emphasize his own power by asserting his feudal rights over the nobility -The Council Learned in the Law was response for warship, marriage and the collection of feudal dues -The extent of Henry increased control can be seen in the increase in proceeds from marriage and warship: from £350 in 1487 to £6,000 in 1509
Crown lands -This was a party of Henry’s determined policy to bring back as much land as possible into the hands of the crown: the more land Henry possessed, the more power he was seen to yield -The Court of General Surveyors collected the revenues from crown lands -In 1486, Parliament passed the Act of Resumption, which removed for the crown all properties granted away since 1455 (before the wars of the roses) -Where possible, Henry rewarded loyal supporters with land not from crown estates, but from the forfeited land of opponents
Government: -Henry consolidated his authority by altering the structure of his government Reduced influence of the privy chamber (lack of trust) Delegated duties to members of the Royal Council who worked in committees dealing with specific matters, e. the Council Learned in the Law and the Court of Star Chamber Arrangements were made to promote better order in Wales and the North through the creation of special councils More powers were entrusted to the Justices of the Peace. -The system of law and order that Henry built on seems to have worked well: With the exception of specific rebellions (such as the Simnel and Warbeck examples, which were dynastic based,) law and order was generally maintained Only in Yorkshire and Cornwall were these rebellions based on issues other than family (both cases were caused by taxation). However these were suppressed.
Central Government: The King’s Council: -The Center of medieval English government was the King and his Council -The function of the King’s Council were to:
Advice the king on matters of state To administer law and order To control local government -Henry relied on a small, core group of councilors (including Jasper Tudor and Lord Stanley) who met with him regularly. This elite group included the chief officers of state, which gave stability to the new regime
Specialization of Central Government To improve the efficiency of central government, Henry decided to use smaller committees formed from within the council -The Court of General Surveyors: Collected the revenues from crown lands -Council Learned in the Law: (set up 1495) Its purpose was to defend the King’s position as feudal landlord, ensuring that he received all the feudal dues and bonds and recognisances that were owed to him The council controlled by Empson and Dudley, who came from lesser backgrounds This council was disliked because of its connection with bonds and recognisances. It was so effective that it caused fear and anger as it did not adhere to the legal system, often at the expense of the nobility, but to Henry’s gain -The Court of Star Chamber: Set up 1487 to hear charges against members of the nobility who broke the law. This enabled Henry to consolidate his royal authority as it allowed him to control the power of the nobles through the threat of brining them to trial, thus increasing Henry’s power
Regional Government: -The government of the kingdom was entrusted to key men appointment by the king to govern through region councils -Henry did this because he trusted these men to follow his orders without question Thomas Howard, Earl of Surrey: Council of the North Jasper Tudor, Duke of Bedford: Council in Wales and the Marches Sir Edward Poyning: Council of Ireland -Many nobles, such as The Earl of Northumberland and the Marquis of Dorset, had their powers curtailed, as Henry did not want a situation whereby they became overly powerful -The move away from one individual having control over a region was a shrewd move as no one individual had the opportunity to build a regional power base -Henry ensured the regional councils did not become as the placed them under the supervision of Royal Council to monitor all that both regional councils did. By doing this Henry ensured that he extended royal authority based in London to the provinces
Local Government: Law and Order: -The sheriff and the Justices of the Peace were the 2 most important royal officials in each country. -The sheriffs were the Crown’s representatives in every country throughout England and were responsible for: The management of parliamentary elections Peacemaking and the detention of criminals -Justices of the Peace were responsible for: The maintenance of public order in their area of jurisdiction
Henry gained crown lands lost during the wars of the roses as a result of attainders and the Act of Resumption (1496) Crown lands increased from £29,000 in 1485 to £42,000 in 1509 Feudal Dues: The main sources of this revenue were from warship and marriage Henry also improved the management by appointing the post ‘Master of the Kings Wards’ to administer warships. The amount netted in warships went up from £350 per year at the start of his rein to £6000 by the end of his reign Customs Duties: The most important customs revenues came from tonnage on imported wine and poundage on exported wool and leather Henry updated the Book of Rates, which set out the charges of items. Because Henry VII did so much to encourage trade, by the end of the reign, the customs duties provided 1/3rd of the Crowns ordinary revenue Custom duties were increased by 20% during his reign, from £33,000 in 1485 to over £40,000 in 1509 Legal Dues: Legal dues were money from fines and other payments made by people appearing before the King’s courts Henry ensured that most criminal acts were punished by fines rather than by imprisonment or execution
Extraordinary Revenue: -Extraordinary revenue was really for emergencies only, such as war. -Parliamentary approval was needed to raise it, but it came form other sources as well -There were 6 principle sources of extraordinary revenue Bonds and recognizes: The practice of subjects paying a sum of money to the Crown as a guarantee of good behaviour The Council Learned in the Law enforced payments. For example, Henry placed Burgavenny (who was accused of illegal retaining) under a bond, which required him to pay £5,000 a year for 10 years. Loans and Benevolences: Loans and benevolences were the King’s right to ask for financial help in particular emergencies The Royal Council and the Council Learned in the Law was also used to enforce the payments In 1491, £48,000 was raised for war in Brittany Clerical Taxes: The Church offered money through convocation In 1489, the Convocation voted £25,000 towards the cost of the French war Parliamentary Taxes: These were special grants of taxes by Parliament to finance royal polices to help the king when the national interest was threatened Raises by means of tax on moveable property called ‘fifteenths and tenths’ In 1487: request to pay for the Battle of Stoke In 1489: to go to war against the French In 1496: for defense against the Scots and Warbeck Parliamentary taxes were available when needed, but they were often unpopular, and triggered 2 rebellions in Henry’s reign (in Yorkshire in 1489 and Cornwall in 1497) Feudal Obligations: A feudal due was a due levied on special occasions
Henry seized every opportunity to collect feudal money: he received £30,000 in 1504 for the knighthood of Prince Arthur, who had died in 1502, which is an indication of Henry’s willingness to get the most from his feudal rights The French pension: -The King of France in the Treaty of Etaples (1492) promised to pay an pension of £159,000 in annual amounts of £
Foreign Policy: -Throughout his reign, Henry's foreign policy was defensive -Henry avoided conflict because warfare was expensive and England had little resources -Henry was ‘more inclined to peace than to war’ (Polydore Vergil) due to his vulnerable position in dynastic and financial terms. -Most of Henry's foreign policy was concerned with the treat posed by pretenders, as well as forming alliances -Maintaining the cloth trade with burgundy also remained a high priority, and the most significant step he made towards this was the Intercursus Magnus agreement (1496)
Foreign Policy aims: -Overarching aim: to consolidate his power and secure his crown and dynasty Secure peace: warfare was expensive and England had little resources To use diplomacy to stop pretenders Secure alliances: achieve international recognition, maintain trade (especially with Burgundy), security and marry his heir to a powerful country that would seek to support his an his successors
Relationships other foreign powers:
Relations with Scotland: -The most vulnerable land border was the northern one with Scotland -Scotland was England’s traditional enemy -The danger was exacerbated because of the Scots Auld Alliance with France -When James IV of Scotland offered Warbeck his support in 1497, the prospect of war seemed imminent -However, James lost faith in Warbeck and decided instead to come to terms with Henry -The Truce of Ayton was concluded in 1497, becoming a full treaty of peace in 1502 -This treaty was sealed in 1503 by the marriage of James IV to Henry’s daughter Margaret
Relations with Spain: -The most significant achievement of Henry VII’s foreign policy was the alliance negotiated with Spain in the Treaty of Medina del Campo in 1489 -It was agreed that Henry’s heir, Prince Arthur, would marry Ferdinand and Isabella’s youngest daughter, Catherine of Aragon -The Tudor dynasty had been recognized as an equal by one of the leading royal families of Europe -This was of major importance to a usurper who was keen to secure international recognition of the legitimacy of kingship
Relations with France: -Relations between France and England were strained when France threatened the independence of Brittany
-Henry used diplomacy to conclude treaties with Britain, France, Spain and Scotland. -In each treaty, the heads of state agreed not to aid the Pretenders, who fled England for the continent in 1501.
Marriage alliances: -Henry used marriage as a diplomatic device to bind Spain and Scotland to a closer union with England -Sealed by treaty, these marriages helped to secure the succession because the Spanish and Scottish royal families had a personal connection with the Tudor dynasty. It was in their interests to ensure the survival of the Tudors In accordance with the terms of the Treaty and Medina del Campo (1489), Henry’s heir, Arthur, was promised in marriage to Catherine of Aragon, daughter of Ferdinand and Isabella. When Arthur died in 1502, it was agreed that Catherine would marry Arthurs brother, Henry In accordance with the terms of the Treaty of Ayton (1502), Margaret, Henry VII’s eldest daughter, was carried to James IV of Scotland
Society:
England in 1485:
Agriculture -England was an agrarian society -90% of population lived in the countryside -Most villages had common land, which was available to all villages to graze their livestock. -However, there was some concern about enclosure, which provoked opposition. -In 1489 anti-enclosure law was passed for farmers, however had little practical effect. -There was a move towards sheep farming in the 1480s and 1490s -This was a reflection off the improved profitability of sheep farming brought about by the increasing demand for wool, as the population grew and trade oversees developed -About 1 harvest out of every 4 would be deficient, 1 in 6 really bad
Economy: -England’s main exports throughout the Tudor period were wool and cloth -80% of exports were cloth -Henry VII made money on custom duties
Society: -Social status dominated society, which was hierarchical and based on a class system -It was accepted that ‘The Great Chain of Being’ had been ordered by God with a strict hierarchy of ranks. According to the teachings of the Church, each class had a duty to serve those above, while the higher classes were obliged to look after the interests of those below -King > clergy > nobles > gentry > merchants > commoners > servants > paupers -The commoners suffered badly because of the changes in agriculture (e. enclosure) and price rises. -The King ruled under the later theory of ‘The Devine Right of Kings’ -The gradual rise in population throughout the 16th century led to inflation, unemployment, poverty and an increased in demand for cereals, -Pressure on land, inflation and food shortages were all problems that faced the government.
Church and Churchmen:
-The Roman Catholic Church was a large and powerful organization that consisted of 10,000 regular clergy bad 25,000 secular clergy -It had its own system of law courts and privileges, which rivaled the authority of the king -These courts dealt with religious crimes such as adultery and heresy, and crimes committed by churchmen -There was a vast social and economic gap between the senior clergy (bishops and abbots) and the lower clergy (parish priests and chaplains) -Bishops and abbots had a political voice, being entitled to sit in the House of Lords. -Archbishops such as John Morton and bishops like Richard Fox served as royal councilors and advised the king on matters of justice and administration
Nobility and Gentry: -The nobility and gentry formed the most privileged class in England -The nobles and gentry made up just 1% of the population -Their wealth and power derived from substantial landowning and office holding -The Crown relied on this class to govern the kingdom, keep the peace, and pay the majority of the kingdom’s taxes -Parliament was used as a means to gauge the attitudes and opinion of this class -While all the nobles were entitled to a seat in the House of Lords, the gentry elected members to represent them in the House of Commons
The Commoners: -There were just over 2 million commoners living in England and Wales in 1500 -50% lived below the poverty line -The different ranks in society were determined by title, wealth and breeding, which made it virtually impossible for members of the lowest rank, the commoners, to improve their social status. -However, by developing the economy and promoting the increase in trade, Henry VII provided the means by which enterprising members of the commons could make a fortune. For example, Robert Wolsey, used his wealth by trade to educate and promote the ecclesiastical career of him son Thomas Wolsey, who entered the service of Bishop Richard Fox, were he learnt the art of government and admiration. He later became Lord Chancellor
Regional division: -The regional division of England was marked by councils set up to govern distinct and distinct parts of the realm: The North of England was governed through the Council of the North based in York Wales and the western counties of England were governed through the Council of Wales and the Marches, based in Ludlow -In addition, the king ruled Ireland and Calais: Ireland was governed through the Council of Ireland based in Dublin Calais was governed by a captain appointed by the king -Regional division was complicated by: The existence of semi-independent lordships Ethnic and racial differences: Wales, Cornwall, Ireland and Calais each had its own language and culture Even within England itself, there were significant differences between northerners, southerners and the people of the southwest. The wealth enjoyed by southerners was resented by the poorer northerners.
York by the Earl of Surrey -Henry pardoned most of the rebels -However, he did not receive anymore of the tax -The total collected nationally was £27,000, far short of the £100, originally voted by Parliament
the public and highlighted his lack of authority
Perkin Warbeck 1491-
-Perkin Warbeck claimed to be Richard Duke of York -Warbeck was first by Irish Yorkists, and then by Charles VIII of France, Margret or Burgundy and Maximillian the HRE, and James IV of Scotland. -However, Henry reacted to these moves through the use of diplomacy: the Treaty of Etaples (1492), a trade embargo with Burgundy (1493) and the Truce of Ayton (1497)
Warbeck then landed in Cornwall to profit from the antagonism felt towards Henry following the Cornish rebellion (1497) but he received little support and was arrested -In 1498 Warbeck was transferred to the tower -Warbeck and the Earl of Warwick were said to be involved in an
Warbeck had support at various times from all of Henry’s powerful neighbors; from Irish Yorkists, Charles VII of France, Margret of Burgundy, and Maximillian (HRE)
-Henry was able to use diplomacy with other foreign powers to reduce the treat of Warbeck: the treaty of Medina del campo, treaty of Etaples and treaty of Ayton
escape and both were executed
- The Cornish Rebellion 1497
-Caused by taxation -Henry VII needed money to deal with the threat of Perkin Warbeck and Scotland -Parliament granted him a subsidy of £120, -The people of Cornwall did not see events in the North as being a threat to them, and did not want to pay for a war that was none of their business. -The 15,000 rebels marched to London -They reached Blackheath on the edge of London -The rebellion motivated Warbeck to land in Cornwall later in the year to take advantage of the local grievances and antagonism against Henry. -However, desertions left the rebels 10,000 men to the King’s 25,000. -The rebels were defeated with ease
-They reached Blackheath on the edge of London, which posed a threat to the center of government -The Cornish rebellion was potentially more problematic for Henry than the Yorkshire rebellion because of the threat posed by James IV and Warbeck, and by the rebels who, by marching directly on the capital, posed a threat to the center of government
-The rebels gained sympathy but almost no support outside Cornwall, and did not gain the vital credible aristocratic leadership. -They had no plans to remove Henry from the throne, so when Henry decided not to negotiate with them, but to attack them, they had little hope or resolution left.
The Earl of Suffolk Edmund de la Pole, (1499- 1506):
-The Earl of Suffolk, was the nephew of the Yorkist Kings -He was the brother of John de la Pole, Earl of Lincoln, who had been killed at the battle of the stoke -In 1501, along with his brother Richard, Suffolk fled to the court of Maximilian -Suffolk’s relations
-Henry’s responses show that he did not regard Suffolk as an irrelevant and insubstantial treat -Suffolk was a genuine claimant -He could have received the backing of a European power -Henry was fortunate indeed that events in Italy
rivals -The Navigation Acts (1485-86) were passed in an attempt to promote and protect English trade and thereby break the monopoly enjoyed by the Hanseatic League. -Henry also supported the Merchant Adventurers, a trading company that controlled the export and sale of English cloth. -There was an increase of over 60% in the volume of cloth exports -Henry gained royal revenue from custom duties, which increased by 20% during his reign -1489: Treaty of Media del Campo allowed equal trading rights for merchants from both counties and fixed customs duties at a rate that proved favorable to English traders -The exploration, discovery and claim to new land led to greater opportunities to expand trade.
-1492: Treaty of Etaples reduced trade restrictions -1493: Ban on English traders using Burgundy because of Maximillian’s support for Perkin Warbeck. This led to a severe depression in cloth industry. -England was too dependent on the exports of cloth -The cloth trade was responsible for about 90% of the value of English exports
Exploration: -Henry was keen to follow Spain by encouraging overseas exploration -He patronized adventures John and Sebastian Cabot, who sailed to North America to explore and claim new lands for the king of England -They were also tasked with discovering a sea route to reach Asia, in order to participate in the spice trade
Prosperity and Depression: -The development of industry and the expansion of trade in the Mediterranean and Baltic contributed to significant growth in England’s economy. This led to increasing wealth and prosperity -However, expansion was followed by periods of contraction and depression, especially when international political disputes intruded into trade -In 1493, Henry issued a trade embargo against the Netherlands because of its support for Perkin Warbeck. This led to a severe depression in cloth industry. -Prosperity only retuned when the embargo ended with the signing of the Intercursus Magnus in 1496. This was followed by the Intercursus Malus in 1507
Religion:
The Catholic Church: -The Catholic Church was immensely powerful, very wealthy, and owned 1/3 of all land -The Church had its own legal system -The Pope (in Rome) had supreme authority over all spiritual matters -The Church was part of the social fabric of the community -The majority of people were devout followers of the traditional practices and beliefs of the church. They attended regularly and followed the church calendar -Parish priests offered advice, guidance and community leadership, while monks provided charity, education and employment
-Churchmen were often the best educated and most literate people in the country, so often become government advisers. -The Church also helped monarchs as they helped to gain the support of the people. The Church taught that it was a sin to oppose or rebel against Henry. -Although there was a steady growth in anticlericalism from the late 15th century, the only heretical idea to have acquired a significant following in England was Lollardy.
Lollards: -Although there was a steady growth in anticlericalism from the late 15th century, the only heretical idea to have acquired a significant following in England was Lollardy. -This laid stress on the reading of the bible and urged the clergy to confine themselves to their pastoral duties. -The Lollards constituted the predecessors to Protestants -However the systematic persecution in the early 15th century had forced Lollards underground, and there was no resurgence under Henry VII.
Humanism: -Spread to England from Italy during the 15th and 16th centuries -Humanism was the return to the study of the original classical texts and to the teaching of the humanities as the basis of civilized life -Humanists were believers in the abilities of humans and thus strong proponents of education, the classic philosophy and the arts -Renaissance scholars believed that it was possible to improve human knowledge and behavior through education, and studied and discussed classic literature and architecture. -Humanists wanted to improve education among the clergy and untrained laity. -However, because literacy was confined to the upper levels of society, its followers were restricted to the educated class.
Erasmus’: -He was a Dutch Humanist -He had enormous influence at the time across Europe -Many of his works were published, encouraging learning and Church reform -He targeted monks who did not live a Godly life -He advocated an inward and personal faith centered on prayer and reflection, with a focus on Jesus. -However, his influence was ultimately fairly limited, as tradition medieval attitudes remained unquestioned.
The Invention of Printing: -The printing press was brought to England in 1476 -This encouraged the spread of new ideas and culture -England became a more literate nation, leading to the cultural Renaissance -Henry VII supported the development of printing and used it to spread propaganda justifying his succession to the throne
Henry-VII-Notes - lecture notes for this topic
Module: Criminal Law (LW2220)
University: University of Leicester
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