HENRY VII (ii), 1492-99—PERKIN WARBECK
[Sidenote: Ireland, 1485]
Before entering upon the career of Perkin Warbeck, we must give somewhat closer attention to the affairs of the sister island, to which reference has already been made in connexion with the Simnel revolt. Ireland had never been really brought under English dominion. Within the district known as the English Pale, there was some sort of control, extending even less effectively over the province of Leinster, and beyond that practically ceasing altogether, except in a few coast towns; the Norman barons who had settled there having so to speak turned Irish, and even in some cases having translated their names into Celtic forms. The most powerful of the nobles at this time were the Geraldines, at whose head were the Earls of Kildare and of Desmond, and the Butlers whose chief was the Earl of Ormonde. But the primacy belonged to Kildare, who moreover had stood high in favour with the House of York. It had been the practice for the English kings to appoint a nominal absentee governor, whose functions were discharged by a Deputy; and Kildare was Deputy under both Edward IV. and Richard.
[Sidenote: 1487-92 The Earl of Kildare]
Henry, on his accession, had seen that the one chance of keeping the country in any degree quiet lay in securing Kildare's allegiance and support; and proposals for his continuation in the office of Deputy had been under discussion when Lambert Simnel was hailed as King and crowned, with the open support not only of Kildare but of nearly all the barons and bishops. It did not suit Henry's policy to attempt punishment under these conditions; he preferred conciliation; and after Stoke, Kildare was retained as Deputy, when he and Simuel's principal adherents had sworn loyalty. In 1490 Henry had found it necessary to reprimand Kildare for sundry breaches of the law, commanding his presence in England within ten months. Kildare made no move, but at the end of the ten months wrote to say that he could not possibly come over, as the state of the country made his presence there imperative. The letter was written in the name of the Council, and signed by fifteen of its members. This was backed by another letter from Desmond and other nobles in the south-west, declaring that they had persuaded the Deputy that the peace of Ireland quite forbade his departure.
Probably it was much about this period—that is, some time in 1491—that a new claimant to Henry's throne (Perkin Warbeck) appeared in the south-west of Ireland, declaring himself to be that Richard Duke of York who was reported to have been murdered in the Tower along with his brother Edward V. Desmond espoused his cause, while Kildare and others coquetted with him. Agents from Desmond and the pretender visited the court of the young King of Scots James IV., in March, 1492, and in the summer Charles VIII., whose territories Henry was then ostentatiously preparing to invade, invited the young man over to France where he was received as the rightful King of England. The conclusion of peace, however, at the end of the year, made it necessary for the French King to withdraw his countenance from Henry's enemies; and the pretender retired to the congenial atmosphere of the court of Margaret of Burgundy. In the meantime Kildare, whose complicity with Desmond it had become impossible entirely to ignore, had been deprived of his office, and a new Deputy appointed.
[Sidenote 1: 1491 Perkin Warbeck's appearance][Sidenote 2: Riddle of his imposture]
The self-styled Richard of York is known to history as Perkin Warbeck. The account of his early career subsequently given to the world in his own confession is generally accepted as genuine. The son of a Tournai boatman, he served during his boyhood under half a dozen different masters in three or four Netherland cities and in Lisbon. At the age of seventeen he took service with one Prégent Meno, a Breton merchant, and incidentally appeared at Cork where he paraded in costly array. Such was the effect of his appearance and bearing that the citizens of Cork declared he must be a Plantagenet. Taxed with being in reality either the Earl of Warwick or an illegitimate son of Richard III., he swore he was nothing of the kind; but his admirers declared that in that case he could only be Richard of York, who had somehow been saved from sharing his brother's fate in the Tower. Perkin found himself unable to resist such importunity, accepted the dignity thrust upon him, and set himself to learn his part. The partisans of the White Rose had shown in the case of Lambert Simnel their preference for even a palpable impostor bearing their badge, as compared with the objectionable Tudor; and a genuine Duke of York would have the advantage of a claim stronger even than that of his sister Elizabeth, Henry's queen. Perkin, however, must have acted up to his part with no little skill to have maintained himself as a plausible impostor up to the time when Margaret of Burgundy received him—even though he met no one in whose interest it was to pose him with inconvenient questions. So apt a pupil would then have had little difficulty in assimilating the instructions of Margaret; and, after a couple of years' training with her, in at least supporting his role with plausibility. That Perkin himself told this story is not very conclusive, since the confession was produced under circumstances quite compatible with the whole thing having been dictated to him; yet difficult as it is to believe, it is less incredible than the alternative—that he was the real duke, who had been smuggled out of the Tower eight years before he was produced, and kept in concealment all through the interval, even while the Yorkist leaders had been reduced to setting up a supposititious Earl of Warwick for a figurehead.
[Sidenote: 1492-95 Perkin and Margaret of Burgundy]
It certainly does not seem that on Perkin's appearance in Ireland he had any active supporters outside that country, or that he caused any perturbation in Henry's mind. Foreign princes, whether they regarded him as genuine or as an impostor, would certainly not espouse his cause unless they were at enmity with Henry. Even Charles VIII. made no haste to lend him countenance until it seemed almost certain that there was to be a war with England on a great scale; and he had no hesitation in dismissing the pretender when peace was concluded; while the Spanish sovereigns, though quite ready to intrigue against their Tudor ally, had no intention of committing themselves to an open breach with him. The peace, however, which dismissed Perkin from France, gave him a zealous adherent in the person of Maximilian, who was now filled with a righteous animosity to Henry; and the young lord of the Netherlands, his son Philip, Duke of Burgundy, declared that he had no power to control the Dowager Margaret, dwelling on her own estates. So Perkin made her court his head-quarters—a useful tool for the weaving of Yorkist intrigues. Henry might, if he would, have legitimately founded acasus bellion this attitude, but he preferred to institute a commercial war; from which, however, the English merchants suffered little less than the Flemings.
In 1493 the Emperor died, and was in effect succeeded by the King of the Romans, though his election to the Imperial throne did not take place for some years. Maximilian, however, remained impecunious and inefficient; Charles VIII. was giving his entire attention to his Italian projects; the whole affair of Perkin Warbeck was carried on mainly below the surface on both sides, by a process of mining and counter-mining. Henry was well served by Sir Robert Clifford and others, who wormed themselves into the confidence of the Yorkist plotters, revealing what they learnt to the King. When the time was ripe (January, 1495), Henry's hand fell suddenly on the unsuspecting conspirators in England; whose chiefs, including Sir William Stanley, who was supposed to be one of the King's most trusted supporters, were sent to the block. It was this same Sir William Stanley who, striking in at Bosworth on the side of Henry, had been mainly instrumental in deciding the fortunes of the day; and he had been rewarded with the office of Chamberlain.
[Sidenote: Diplomatic intrigues]
During the two years following the Treaty of Etaples Charles VIII. had early made his peace also with Spain by the treaty of Barcelona and with Maximilian by that of Senlis. The desired provinces, Roussillon and Cerdagne, were restored to Ferdinand and Isabella, who adopted a distant attitude to Henry. The French King, free to follow his own devices, entered Italy towards the close of 1494, marched south without opposition, and was crowned at Naples in February, 1495, the reigning family fleeing before him. So early and important an accession of strength to the French Crown had hardly been anticipated, and the European sovereigns made haste to form a League against France. Spain was desirous of bringing England into the league; but the wayward Maximilian was still determined to support Perkin Warbeck, apparently thinking that by substituting a Yorkist prince for Henry he would secure a more amenable ally.
[Sidenote: 1492-95 Ireland]
Meanwhile, Ireland also had been undergoing judicious treatment. Kildare, removed from the Deputy-ship in 1492, came over to England to give an account of himself in the following year. Here he was detained until, in the autumn of 1494, the King appointed a new three-year-old Governor in the person of his second son Henry, whom he also created Duke of York, making Sir Edward Poynings Deputy. Poynings was an experienced and capable soldier, who had been in command before Sluys in the recent campaign; and on his departure for Ireland Kildare went with him. Both the ex-Deputy and the Earl of Ormonde promised to render loyal service; but it was no very long time before Kildare was sent back to England under accusations of treason. We may here anticipate matters by observing that this was the last case of misbehaviour on his part. He won his way once more into the royal favour, and when Poynings left Ireland in 1496 Kildare yet again went back as Deputy, which office he retained for the remainder of Henry's reign, and a portion of his son's also.
It is curious to observe in the turbulent Deputy traits of that audacious humour which we are wont to regard as peculiarly Irish: a characteristic fully appreciated by the English King. When taken to task for burning the Cathedral at Cashel, he is reported to have said that he would not have done so, only the bishop was inside. His casual announcement on a previous occasion that he could not obey the royal summons to England because the country could not get on without him was paralleled either in 1493 or 1495 —it is uncertain which—by his defence against the Bishop of Meath's charges. He said he must be represented by Counsel; the King replied that he might have whom he would. "Give me your hand," quoth the Earl. "Here it is," said the King. "Well," said Kildare, "I can see no better man than you, and by St. Bride I will choose none other." Said the Bishop, "You see what manner of man he is. All Ireland cannot rule him." "Then," said the King, "he must be the man to rule all Ireland."
[Sidenote: Poynings in Ireland 1494-96]
The government of Poynings was not prolonged, but it was very much to the point. "Poynings' Law," passed by the Parliament assembled at Drogheda in December, 1494, fixed Constitutional procedure for a very long time. Irish Parliaments were to be summoned only with the approval of the King's Council in England, and only after it had also approved the measures which were to be submitted to them by the Irish Deputy and Council. In effect, however, these legislative functions at this time were hardly more limited than those of English Parliaments, which were summoned at the King's pleasure, and only had what might be called "Government Bills" submitted to them. The royal Council was practically in the position of a Cabinet holding office as representing not the parliamentary majority but the King's personal views. The Parliament might discuss and accept or reject, but had not as yet acquired a practical initiative itself. At the same time that this law was passed, a declaratory Act abolished the theory which had grown up at an early stage of the conflict between the White and Red Roses, of regarding Ireland as a country where a rebel in England was a free man: a notion which had greatly facilitated the intrigues of both Lambert Simnel and Perkin Warbeck on Irish soil. Further, besides some enactments for checking feudal customs which tended to disorder, it was ordained that the principal castles should always be under the command of Englishmen. Poynings also endeavoured, by bestowing pensions (on terms) on some of the principal chiefs outside the Pale—such as O'Neill in Ulster and O'Brien in the west—to convert their position into one of semi-official responsibility to the official Government. A basis for the maintenance of law and order having thus been provided, the Irish difficulty was solved for the time when "the man to rule all Ireland," benevolently disposed to a King who had shown that he knew the right way to take him, was restored to the office of Deputy.
[Sidenote: 1495 Survey of the situation]
In the early spring, then, of 1495, this was the position of affairs. Perkin Warbeck lay at the court of Margaret of Burgundy; but his plans had been upset by Clifford's information and the punishment of the ringleaders in England. Poynings was in Ireland, and the prospect of keeping that country in reasonable order was unusually promising. Charles VIII. had just made himself master of Naples; and the Spanish sovereigns (who had completed the destruction of the Moorish dominion in Granada some three years earlier) were now occupied in forming with the Pope, Venice, Milan, and Maximilian the Holy League against French aggression; into which they were anxious to draw Henry, whose weight if thrown into the other scale would be of considerable value to France. For the last two years, since the treaty of Barcelona, they had evaded the recognition or reconstruction of any compact with England; but under the changed conditions, while they would not admit that the old engagements were binding, they offered to frame new treaties for Henry's inclusion in the League, at the same time confirming the project of the marriage between their daughter Katharine and the Prince of Wales. Henry, however, was now in a much stronger position at home; and though he desired the Spanish alliance, he had no intention of allowing that bait to seduce him into making himself a cat's-paw. France was offering a counter-inducement in the shape of a marriage with the daughter of the Duke of Bourbon; Henry indicated that while Maximilian was fostering the pretensions of the impostor Warbeck, it was not serious politics to talk of being associated with him in the League. Spain might make promises on Maximilian's behalf, but could not ensure that he would keep them.
[Sidenote: 1495 Warbeck attempts invasion]
Time was working in Henry's favour. In July (1495) an expedition sailed from Flanders to place Perkin on the English throne. Maximilian's hopes were high: he bragged to the Venetians that the "Duke of York" would immediately unseat the Tudor, and when he was on the throne, England would be at the beck of the League. The Emperor's impracticability was sufficiently shown by his having procured from Perkin his own recognition as heir, if the pretender should die without issue. The expedition attempted to land at Deal, but the men of Kent assembled in arms, and drove it off with ignominious ease. For once Henry was severe, and put to death no fewer than 150 of Warbeck's followers, who had been taken prisoners. Warbeck himself did not even set foot on the realm he claimed, but made for Ireland where he had first been so warmly welcomed. Here his old supporter Desmond took up his cause again, and Waterford was attacked by sea and land; but there was no general rising, and Poynings had no difficulty in raising the siege. Foiled both in England and Ireland, Perkin now betook himself to Scotland to obtain the help of the young King, James IV.
[Sidenote: Success of Henry's diplomacy]
The affair showed conclusively how small was the danger in England of a Yorkist rising in favour of the pretender—a fact very fully recognised by Ferdinand and Isabella, though Maximilian clung pertinaciously to his protégé. Moreover, the position of the League was somewhat precarious, since both Ludovico Sforza, Duke of Milan, and the Venetians, were suspected with justice of readiness to make their own terms with France. It was more than ever necessary to bring Henry into the combination; and Henry, still diplomatically suave, was less than ever prepared to accept conditions which would fetter him inconveniently. He would not commit himself to make war on France except at his own time; and Maximilian must definitely and conclusively repudiate Warbeck. At last in July, 1496, the new League was concluded. Henry's diplomacy achieved a distinct triumph. His alliance had been won, but only on his own terms; all he wished to secure had been secured. The Spanish sovereigns were so far from feeling that they could make a tool of him that they were in considerable trepidation lest he should still throw them over if a tolerably legitimate excuse offered, and were anxious to do all they could to conciliate him without betraying the full extent of their fears. Henry had already, in February, terminated the commercial war with the Flemings by the treaty with Philip known as theIntercursus Magnus, which included a proviso against the admission into Philip's territories of rebels against the English King.
[Sidenote: 1496 Warbeck and the King of Scots]
When Perkin Warbeck made his way to Scotland the young King of that country was already fully informed as to the nature of his claims. James, when a boy of sixteen, had taken part in the rebellion headed by Douglas Earl of Angus, in which his father the late King had been overthrown at Sauchie Burn and murdered after the battle. He was now twenty-four years of age, of brilliant parts, no mean scholar, an admirable athlete, and ambitious to raise the name of Scotland among the nations. His weakness lay mainly in a boyish impulsiveness, which often caused him to mar well-laid plans on the spur of the moment, and in an exaggerated fondness for chivalric ideas more appropriate to a knight-errant than to a king or a leader of armies. Perkin appealed to him as early as 1492; and before the pretender's expedition sailed, Tyrconnel, chief of the O'Donnells of the north-west of Ireland, presented himself in Scotland to renew the appeal. The antagonism of Scottish feeling to the ruling powers in England was chronic. There was a treaty of peace between England and Scotland, but the unfailing turbulence of the borders kept each country constantly provided with a tolerable excuse for accusing the other of having broken its engagements. James was well within his rights in receiving the claimant; of the justice of whose title he evidently persuaded himself, since he bestowed a kinswoman of his own upon him in marriage, Lady Katharine Gordon. In the summer of 1496 he was making active preparations for an incursion into England on Warbeck's behalf; largely influenced no doubt by the promise that, should it prove successful, Berwick, which had been finally ceded to England fourteen years before, was to be once more surrendered to the Scots. The astute Henry turned all this to account, by impressing on the Spanish and Venetian agents the urgent necessity laid on him to abstain from military operations against France while Scotland was so threatening.
[Sidenote 1: A Scottish incursion (Sept.)][Sidenote 2: 1497]
James did in fact raid the North of England in September; but the incursion was a raid and nothing more. Perkin, to the surprise and even contempt both of Scots and English, protested against the sanguinary methods of border warfare, on behalf of the people whom he aspired to rule over. But the people themselves would have none of him. The expedition withdrew without having produced even the semblance of a Yorkist rising. After that, James no longer felt eager to plunge into a war on behalf of the pretender: but was inclined to retain him as a political asset. When, in the following year (1497), Charles VIII.—with a precisely similar object in view— offered him a considerable sum if he would send his guest over to France, the Scots King declined. In July, however, Perkin sailed from Scotland, apparently with intent to try Ireland again, where Kildare was once more Deputy. Henry had utilised the raid to obtain the recommendation of a large grant and loans from the Great Council forthwith; Parliament, which was called for January (1497), ratifying the grant as a subsidy. The raising of the loans had, however, been proceeded with, without waiting.
[Sidenote: The Cornish rising]
The defence of England against invading Scots was a matter of much importance to the northern counties, but lacked personal interest in Cornwall. Year after year the King had been receiving subsidies to arm for impending wars, borrowing, and levying benevolences. When a hostile France was the excuse, the population might murmur but was quite as willing to pay as could reasonably be expected. But the Scots had never invaded Cornwall, and the Cornishmen felt that it was time to protest. They would march to London—peaceably, of course—to demand according to custom the removal of the King's evil counsellors; Morton and Bray, to wit, who probably used their influence in reality to mitigate rather than intensify the royal demands. The insurgent leaders were a blacksmith, Joseph, and a lawyer, Flamock—appropriate chiefs for working men trying honestly enough to formulate what they had been led to regard as a grievance of what we should now call an unconstitutional character. With bills and bows, some thousands of them started on their march; preserving their peaceable character, till at Taunton the appearance of a commissioner for collecting the tax proved too much for their self-restraint, and the man was killed. A little later they were joined by Lord Audley, who became their leader. They expected the men of Kent, who of old had risen under Wat Tyler and again under Jack Cade, to take up the cause: but Kent did not recognise the similarity of the present conditions and gave them no welcome.
[Sidenote: The suppression (June)]
Meantime, Henry had not been idle; but he saw that the insurgents were not rousing the country as they progressed, and therefore he judged that the further they were drawn away from their own country the better. Except for a slight skirmish at Guildford, the Cornishmen were not actively interfered with till they encamped on Blackheath. Then, on June 17th, the royal forces proceeded to envelop them. Some two thousand were slain on the field. Audley, the lawyer, and the blacksmith, were put to death as traitors; the rest were pardoned, as having been not so much rebels as victims of demagogic arts.
[Sidenote: Warbeck's final failure (Sept.)]
The policy of leniency was not entirely successful, for the Cornishmen imagined it merely meant that the King recognised the impossibility of dealing sternly with every one who thought as they did. Warbeck, now in Ireland, where he was not finding the sympathy for which he had hoped, received messages to the effect that if he came to Cornwall he would find plenty of supporters. He came promptly, with a scanty following enough; but only a few thousand men joined him. He marched on Exeter, but that loyal town stoutly refused to admit him, and his attempts to carry gates and walls failed completely. Royal troops were on the march: the gentlemen of Devon, headed by the Earl, were up for the King. Perkin marched to Taunton, and then fled by night to take sanctuary at Beaulieu in Hampshire, where he was surrounded, and very soon submitted himself to the King's clemency.
[Sidenote: The Scottish truce]
In the meantime the Scottish King, though his sentiments towards Perkin had sensibly cooled, had no intention of leaving him in the lurch, and had advanced on Norham Castle very shortly after his protégé had sailed for Ireland. The Earl of Surrey, however, who commanded in the north, was well prepared, and very soon took the field with twenty thousand men. James was obliged to withdraw, and though he challenged the Earl to single combat with Berwick as the stake, Surrey replied that Berwick was not his property but his master's, and he must regretfully decline the proposed method of arbitrament. He advanced over the border, making some captures and doing considerable damage; but after a week, commissariat difficulties made him retire in turn. In September Perkin's Cornish rising collapsed, and a seven years' treaty was entered upon between the two countries.
[Sidenote: The end of Perkin Warbeck 1497-99]
Towards the pretender and his followers, the King behaved with his usual leniency. A few leaders only were put to death; other penalties were reserved. Warbeck was compelled publicly to read at Exeter and later in London a confession of the true story of his own origin and that of the conspiracy; and was then relegated to not very strict confinement under surveillance. His supporters were allowed to purchase their pardon by heavy fines, which satisfactorily aided in the replenishment of the royal treasury.
The end of the pretender's story may be told in anticipation. It was ignominious and less creditable in its accompanying circumstances to Henry. In the summer of the next year, 1498, Perkin tried to escape, was promptly recaptured, set in the stocks, and required to read his confession publicly both in Westminster and London. He was then placed in strict confinement in the Tower, where the luckless Warwick had been kept a prisoner for thirteen years. The son of Clarence, still little more than a boy, was the only figure-head left for Yorkist malcontents. Another attempt to impersonate him by a youth named Ralph Wilford was nipped in the bud at the beginning of 1499; but Henry's nerve seems to have been seriously shaken by it, and probably he now began to make up his mind to get rid of his kinsman. Then some kind of conspiracy was concocted, in which both Warbeck and Warwick were involved; on 23rd November, 1499, Perkin was hanged, and five days later Warwick was beheaded, dying as he had lived a victim to his name; suffering for no treason or wrong-doing of his own, but simply because he was the nephew of Edward IV.
[Sidenote: 1498 The situation]
When the year 1497 closed, the preliminaries of a Scottish peace had been agreed upon; Perkin Warbeck was a prisoner: and the French King had already found his position in Italy untenable, and agreed to evacuate Naples and surrender the crown. His death and the accession of the Duke of Orleans as Lewis XII. in April of the next year further altered the face of international politics, already changing with the final collapse of Warbeck and his disappearance as a pawn in the game.
HENRY VII (iii), 1498-1509-THE DYNASTY ASSURED
[Sidenote: Scotland and England]
From time immemorial almost, it might be said that Scotland had been a perpetual menace to her southern neighbour. Since the days of Bruce she had, it is true, been torn by ceaseless dissensions; a succession of long royal minorities with intrigues over the regency, family feuds between the great barons, strong kings who found themselves warring on a turbulent nobility, weak ones who could exercise no control, had not given the country much chance of consolidation; but the one binding sentiment that could be relied on in a crisis was antagonism to England. To settle the question by conquest had been proved impossible. Scotland might be over-run, but she could not be held in subjection. If England's eyes were bent on France, she must still manage to keep a watch on the north: but so long as dissensions were raging, there was not much fear of anything more serious than raiding expeditions.
[Sidenote: Henry's Scottish policy]
To keep Scotland innocuous was a primary object with the Tudor King. At the time when he grasped the sceptre of England, the King of Scots, James III., was a feeble ruler surrounded by unpopular favourites, with a baronage preparing to rise against him, and there was little danger to be apprehended. He was over-thrown and murdered in 1488. But James IV, who succeeded to the throne was of a different type. He was only a boy, however, and Henry was not long in initiating a policy, more fully developed by his descendants, of purchasing the support of leading nobles, notably at this time and for forty years to come, the Earls of Angus-with whom there was a compact as early as 1491. James, however, soon proved himself a popular and vigorous monarch, of a type which attracted the loyalty of his subjects, with a strong disposition to make his country a serious factor in the politics of the time, and by no means devoid of political sagacity despite his unfortunate impulsiveness and want of balance. To block Scotland out of the field by the simple process of keeping her thoroughly occupied with internal factions was not practicable under these conditions, and the attitude of James in the affair of Perkin Warbeck showed that he must be taken into serious account. Henry's political acuteness recognised in alliance with Scotland a more hopeful solution of the national problem than in eternal strife. The idea of a matrimonial connexion had indeed once before, since the days of Edward I., taken shape in the union of James I. to Jane Beaufort; but with little practical effect. This idea Henry revived in a form destined ultimately to revolutionise the relations of the two kingdoms. His own eldest daughter Margaret was but eighteen years younger than the King of Scots—quite near enough for compatibility. From the time of the peace entered upon after Warbeck's capture, Henry began to work with this marriage as one of his objects. His foresight and sagacity is marked by the fact that he recognised—and did not shrink from the possibility—that a Scottish monarch might thus one day find himself heir to the throne of England.
[Sidenote 1: France and England][Sidenote 2: 1498]
The peace-policy towards Scotland was facilitated by the development of friendly relations with France, especially after the accession of Lewis XII.: for the traditional "auld alliance," between France and Scotland, had proved times out of mind too strong to be over-ridden by English treaties. If France wanted Scottish help, or Scotland wanted French help, there was always some excuse for rendering it; the plain truth being that no treaties could restrain the forays and counter-forays of the border clans on both sides of the Tweed, whether the Wardens of the Marches winked at them or not; so that there was, in either country, a standing pretext for declaring that the other had broken truce. An instance of these border difficulties occurred within a few months of the truce of December, 1497. A small party of Scots crossed the border, and appeared in the neighbourhood of Norham. They were challenged, and replied—with insolence or with proper spirit, according to the point of view. Thereupon they were attacked by superior numbers; some were slain; in the pursuit, damage was done on the north side of the border. The Scots King felt that he had been outraged, and was on the verge of breaking off all negotiations with his brother of England. It required all the diplomatic skill of Fox (at this time Bishop of Durham), and the mediatorial efforts of the Spaniard Ayala to prevent a serious breach from resulting.
[Sidenote: Marriage negotiations, 1498-1503]
The opportunity, however, was seized by Fox to emphasise his master's pacific intentions by bringing forward the proposal for the marriage of James with Margaret. Nevertheless, for the next twelve months, Henry displayed no eagerness in the matter. Margaret was only in her eighth year, so that in any case the marriage could not be completed for some time; but apart from that, there was already existing a project of marriage between James and one of the Spanish princesses—which Spain had no real wish to carry out, while James was disposed to push it. It would appear, therefore, that Henry meant to give effect to his own scheme, but did not intend Spain to feel free of the complication while it could be used as a means of pressure.
[Sidenote: Marriage of James IV, and Margaret 1503]
At last, however, in July, 1499, a fresh treaty of peace was concluded with Scotland, but it was not till January, 1502, that the marriage treaty was finally ratified; the marriage to take place in September, 1503 (when Margaret would be nearly thirteen), and the two Kings to render each other mutual aid in case either of them was attacked. James, however, declined to bind himself permanently to refuse renewal of the French alliance. There was much characteristic haggling over dower and jointure, matters in which the Tudors always drove the hardest bargain they could. The ceremony was performed by proxy, after the fashion of the times, the day after the treaty was ratified; and the actual marriage took place at the time fixed, in the autumn of 1503—a momentous event, since it brought the Stuarts into the direct line of succession, next to descendants of Henry in the male line; and—inasmuch as one of Henry's sons had no children, and the other no grandchildren—ultimately united on one head the Crowns of England and Scotland, exactly one hundred years after the marriage.
[Sidenote: Spain and England: marriage negotiations, 1488-99]
In the meantime the other and much older project for the union between the Prince of Wales and a daughter of Spain had been carried out. Originally, Henry's prime motive in this matter had been to secure a decisive recognition of his dynasty by the sovereigns, whom he regarded as the greatest political force in Europe. By this time, however, (1498), the stability of his throne and of the succession was no longer in peril; but Spain was still the Power whose alliance would give the best guarantees against hostile combinations. Neither Spain nor England wished to be involved in war with France; but neither country could view her aggrandisement with complete equanimity. At the same time, while her ambitions were chiefly directed to Italy both could afford for the most part to abstain from active hostilities. On the other hand, times had changed since Henry had been ready to go almost cap-in-hand to Ferdinand and Isabella for their support. The Spanish sovereigns were now quite as much afraid of his joining France as he was of any step that they could take. So the marriage treaty was ratified in 1497 on terms satisfactory enough to Henry; and both in 1498 and 1499 proxy ceremonies took place. In the latter year, clauses left somewhat vague in the earlier treaties were given a clearer definition in a sense favourable to Henry.
[Sidenote: 1499 Lewis XII]
The accession of Lewis XII. in 1497 affected French policy. Lewis required in the first place, to gain the friendship of the Pope Alexander VI., in order to obtain a divorce from his wife and a dispensation to marry Charles's widow, Anne of Brittany, so as to retain the duchy. In the second place, he claimed Milan as his own in right of his descent from Valentina Visconti (not as an appanage of the French Crown). He was anxious then to conciliate both Spain and England, and ready to make concessions to both in order to hold them neutral. His first steps, therefore, aimed at satisfying them, and at detaching the Archduke Philip from his father Maximilian; all of which objects were rapidly accomplished, England obtaining the renewal of the treaty of Etaples, with additional undertakings in the matter of harbouring rebels. Lewis made separate treaties with Spain and with Philip; but the former remained none the less anxious on the score of a possible furtherrapprochementbetween France and England.
[Sidenote: The Spanish marriage negotiation, 1499-1501]
So long as Perkin Warbeck had been able to pose as Richard of York, he was necessarily, to all who believed in him, the legitimate King of England. Setting him aside, it was still possible to argue for the Earl of Warwick as against his cousin Elizabeth, Henry's queen. But when Perkin and Warwick were both put to death at the end of 1499, there was no arguable case for any one outside Henry's own domestic circle. Even if it were held that Henry's title was invalid, and that a woman could not herself reign in her own right, Elizabeth's son had indisputably a title prior to any other possible claimant. It was stated, though the truth of the statement is doubtful, that the Spanish sovereigns had never felt at ease as to the stability of the Tudor dynasty till November, 1499; but, at any rate, after that date they could not even for diplomatic purposes pretend to feel any serious apprehensions. The year 1500 presents the somewhat curious spectacle of Henry on one side and Ferdinand and Isabella on the other, each quite determined to carry through the marriage of Arthur and Katharine, but each also determined to make a favour of it. In this diplomatic contest, Henry proved the more skilful bargainer, though the Spaniards were adepts. He frightened them not a little by crossing the Channel and holding a conference with the Archduke Philip, which was suspected of having for its object the negotiation of another marriage for the Prince of Wales with Philip's sister (Maximilian's daughter) Margaret, who was already a widow. [Footnote: Margaret had been married to Don John, son of Ferdinand and Isabella; while Philip married their second daughter Joanna. Their eldest daughter married the Portuguese Infant.] In fact, there was no such intention; but an agreement was actually made that Prince Henry should many Philip's daughter, while the youngest Tudor princess, Mary, should be betrothed to Philip's infant son Charles, then a babe of four months, in after years the great Emperor Charles V.
[Sidenote: Marriage of Prince Arthur and Katharine 1501]
So the marriage treaty was once more ratified. But it was not till the summer of the next year (1501) that Katharine sailed from Spain; and in November the actual marriage took place with no little display. It is probable, however, that Arthur and Katharine were still husband and wife in name only when, six months later, the Prince of Wales was stricken with mortal illness and died; leaving his brother Henry heir to the throne, and a fresh crop of matrimonial schemes to be matured.
[Sidenote 1: 1502 New marriage schemes][Sidenote 2: 1504 Dispensation granted]
The truth was that Ferdinand of Aragon and Henry of England were men of very much the same type. Both were crafty diplomatists, cautious and long-headed, not to be inveigled into rash schemes, keenly suspicious, masters of the art of committing themselves irrevocably to nothing; both had a keen appreciation of the value of money, and were experts at striking a bargain; while each wanted the political support of the other. Each had been working up to the matrimonial alliance which was now nullified by Arthur's death. Ferdinand had already paid over half his daughter's dower; he now declared that the Princess and her dower ought to be returned to Spain. Henry argued on the other side that the balance of the dower should be paid over. The Spaniards then proposed that the young widow should be betrothed to the still younger prince, Henry; but at a comparatively early stage in the negotiations over the new project, Henry's own queen died (February, 1503), and it was no long time before the English King began to contemplate a new marriage for himself. He is even said [Footnote: Gairdner,Henry VII.(Twelve English Statesmen), p. 190. The rumour was current, but it is doubtful whether it was more than a rumour;cf.Busch, p. 378.] to have thought of proposing that he should take his own son's widow to wife. Logically, of course, as a mere question of affinity, the idea was not more inadmissible than that of Katharine's marriage with Henry Prince of Wales; but it was infinitely more repellent, and Isabella was horrified at the suggestion. At any rate, nothing came of it, and an agreement for the marriage of Katharine with the younger Henry was ratified in the course of the year [Footnote: It was in the August of this same year (1503) that the other marriage, between James of Scotland and Henry's elder daughter Margaret, was finally concluded.]—subject, of course, to a papal dispensation. This was obtained, during 1504, from the successor of Alexander VI., Pope Julius II., and Isabella had the satisfaction of seeing it before her death. Political exigencies had only recently been accepted by Pope Alexander as justifying a dispensation for the divorce of Lewis XII. from his wife, to enable him to marry Anne of Brittany; but this dispensation of Pope Julius was destined to an immense importance in history—to be the hinge whereon swung open the gates of the English Reformation.
[Sidenote: 1499-1506 Affairs on the Continent]
The years from 1498 to 1503 had not been without importance in Franco- Spanish relations, more particularly with reference to the position of the two Powers in Italy. Lewis had made himself master of Milan in 1499; but the kingdom of Naples presented a more difficult problem; since, after disposing of the reigning family, the French King would still find a rival claimant in Ferdinand of Spain. In 1500 these two monarchs agreed to a partition; but French and Spaniards quarrelled, war broke out, the Spanish captain Gonsalvo de Cordova expelled the French; and in 1508 Naples was annexed to Aragon. A renewed attempt of France upon Naples in the following year proved a complete failure.
In 1503 died the Borgia Pope, Alexander VI.—poisoned, as it was believed, by the cup he had intended for another. The personal wickedness of Alexander and his relatives was the climax of papal iniquity, thereductio ad absurdumof the claim of the Roman Pontiff to be the representative of Christ on earth. His immediate successor hardly survived election to the Holy See; and was followed by Julius II., an energetic and militant Pope, who was bent on forming the Papal States into an effective temporal principality.
In the next year Isabella of Castile died, and by her death the European situation was again materially affected. While she lived she worked in complete accord with her husband, Ferdinand of Aragon; her name stands high among the ablest of European sovereigns. But with her death the Crowns of Castile and Aragon were no longer united. Ferdinand was not King of Castile; the sceptre descended to the dead Queen's daughter Joanna, [Footnote: The elder sister was already dead, as well as the one brother.] and in effect to her husband, the Archduke Philip, Maximilian's son, and after her to their son Charles. At the most, Ferdinand could hope only to exercise a dominant influence (converted after Philip's death in 1506 into practical sovereignty as Regent), with a perpetual risk of Maximilian turning his flighty ambitions towards asserting himself as a rival.
[Sidenote: The Earl of Suffolk 1499-1505]
Although both Warbeck and Warwick had been removed in 1499, Henry had not been altogether free from Yorkist troubles in the succeeding years. Edmund de la Pole, Earl of Suffolk, was brother of that Earl of Lincoln who had fallen at the battle of Stoke, and son of a sister of Edward IV. The Earl had not hitherto come forward as a claimant to the throne; but in 1499 he developed a personal grievance against the King, and betook himself to the Continent, where a certain Sir Robert Curzon espoused his cause with Maximilian. At the time, nothing came of the matter; Henry was not afraid of Suffolk, whom he induced to return to England with a pardon. In 1501, however, the Earl again betook himself to the Continent and made a direct appeal to Maximilian for assistance. But Henry was now on particularly good terms with the Archduke Philip, and Maximilian was inclining to revert to friendly relations with England. He was in his normal condition of impecuniosity, and Henry was prepared to provide a loan to help him in a Turkish war if his own rebellious subjects were handed over. The issue of these negotiations, towards the end of 1502, was a loan from Henry of fifty thousands crowns, and a promise from Maximilian to eject Suffolk and his supporters. In the meantime several of Suffolk's accomplices were executed in England, including James Tyrrel who had abetted Richard III. in the murder of the Princes in the Tower; and [Footnote: See genealogical table (Front.).] William de la Pole and William Courtenay (son of the Earl of Devonshire) were imprisoned on suspicion of complicity. Suffolk, however, remained at Aix la Chapelle, Maximilian making him many promises and providing inadequate supplies, while with equal lightness of heart— having got his loan—he left his pledges to Henry unfulfilled by anything more substantial than professions that he was doing his best to carry them out. In 1504 the migratory Earl had the misfortune to fall into the hands of the Duke of Gueldres, who detained him for use as circumstances might dictate—to the annoyance of the Kings of France and Scotland, both of whom wished him to be handed over to the King of England.
[Sidenote: 1505 Henry's position]
In 1505 then Henry's relations with all foreign Powers were satisfactory: that is, none of them were hostile and most of them were anxious for his friendship. In these later years, however, of Henry's reign he appears consistently in a more definitely unamiable light than before. The two counsellors who, however thoroughly they endorsed his policy, had probably exercised a moderating and refining influence—Cardinal Morton and Reginald Bray—were now both dead, and there is no doubt that Elizabeth of York, popular herself, had been a very judicious helpmeet to her husband. Moreover, though he was still by no means an old man, Henry was becoming worn out; yet he could never escape from dynastic anxieties, the younger Henry being now his only son. Marriage schemes had always been prominent features in his policy, and the marriage schemes for himself which he evolved one after the other in the closing years of his reign show him in a singularly unattractive light, at the same time that his financial methods were growing increasingly mean, and his evasions of honourable obligations increasingly unscrupulous.
Now the Duke of Gueldres was in conflict with the Archduke Philip—at this time not only lord of the Burgundian domains, but also in right of his wife King of Castile and not on the best of terms with his father-in-law of Aragon. In 1505 Philip got possession in his turn of the person of Suffolk, by capturing the town where the Duke of Gueldres held him. Therefore during this year Henry became particularly anxious to make friends with Philip, and lent him money; having got which, Philip preferred placing his hostage again in the hands of the Duke of Gueldres, who had submitted to him.
[Sidenote: Schemes for his marriage]
Out of these conditions rose another futile suggestion of a marriage for Henry: who had already considered and dismissed the idea of marrying the younger of the two living ex-Queens of Naples—both named Joanna—a niece of Ferdinand of Aragon. The wife now proposed was Philip's sister, Margaret, who on her first widowhood had been spoken of as a possible alternative to Katharine for Arthur of Wales. Since then, she had become Margaret of Savoy, the name by which she is generally known; but had been widowed a second time. This proposal probably came from Philip, but was resolutely resisted by Margaret herself.
[Sidenote: 1506 Philip in England]
In 1506 fortune favoured Henry. Philip sailed from the Netherlands in January to take possession of the throne of Castile: but was driven on to the English shores by stress of weather. The English King received him royally, but while the utmost show of friendliness prevailed, Philip found that he had no alternative to acceptance of Henry's suggestions. Before the King of Castile departed, he had not only entered on a treaty for mutual defence against any aggressor, but had actually delivered over the person of the unhappy Suffolk [Footnote: So Busch. Gairdner is doubtful.] to his sovereign, though under promise that he should not be put to death. The prisoner, however, was committed to the Tower, and though Henry kept his word, he is reported to have advised his son that the promise would not be binding on him. At any rate Suffolk was executed, apparently without further trial, early in the next reign. His brother Richard, known as the "White Rose," who had abetted him, remained abroad, and was ultimately killed in the service of Francis I. at the battle of Pavia in 1525, leaving no children.
Philip had hardly departed from England when a new commercial treaty which he had authorised was signed with the Netherlands, terminating the war of tariffs which had again become active in recent years. This treaty, it is not surprising to remark, was so favourable to England that in contradistinction to the olderIntercursus Magnusthe Flemings entitled it theIntercursus Malus.
[Sidenote: Death of Philip]
The few remaining months of Philip's life were troubled. The position in Castile was difficult enough, and in his absence the Duke of Gueldres again revolted, with some assistance from France. Henry interfered, as he was bound to do by the recent treaty, not without some effect. But Philip's death in September left his wife Joanna Queen of Castile, with her father Ferdinand as Regent, and her young son Charles Lord of the Netherlands, with Margaret of Savoy at the head of the Council of Regency. Under these new conditions Henry agreed to modifications in the new commercial treaty, which indeed, as it stood, was almost impossible of fulfilment; probably in the hope that his project of marriage with Margaret of Savoy might still be carried out, the dowry she would bring being very much more satisfactory than that of Joanna of Naples.
[Sidenote: 1507-8 Matrimonial projects]
In a very short time, however, Margaret had another rival, at least for the purposes of diplomacy. This was Joanna of Castile, Philip's widow, whom Henry had seen in the spring of 1506. That her sanity was already very much in question seems to have made very little difference. Throughout the greater part of 1507 and 1508 the English King was making overtures to Margaret herself, and for Joanna to Ferdinand, blowing hot and cold in the matter of his son Henry and Katharine, and pushing on the betrothal of his younger daughter Mary with the boy Charles—a proposal brought forward, when the latter was but four months old, in 1500, but not at that time sedulously pressed. In part, at least, the explanation of all this diplomatic play lies in Henry's relations with Ferdinand. The King of Aragon, having lost his wife Isabella, wished to retain control of Castile; at the same time he was in difficulties about paying up the balance of Katharine's dowry, without which Henry would not allow her marriage with his son to go forward, while the luckless princess was kept scandalously short of supplies. Henry certainly wished to put all the pressure possible on Ferdinand to get the dowry; perhaps he seriously contemplated marriage with Joanna as a means of himself depriving Ferdinand of control in Castile; the marriage of Charles to his daughter Mary would have a similar advantage. On the other hand, if he married Margaret of Savoy he would get control of the Netherlands, and still grasp at the control of Castile through Charles, while playing off the boy's two grandfathers, Maximilian and Ferdinand, against each other. Henry was in fact paying Ferdinand back in his own coin; but the picture is an unedifying one, of craft against craft, working by sordid methods for ends which had very little to do with patriotism and no connexion with justice.
[Sidenote: 1508 The League of Cambrai]
If, however, it was now Henry's primary object to isolate Ferdinand so that he could impose his own terms on him, the object was not attained. Maximilian had just taken up a new idea—the dismemberment of Venice; an object which appealed both to Lewis of France and to Pope Julius. Ferdinand could generally reckon that if he joined a league he would manage to get more than his share of the spoils for less than his share of the work. The League of Cambrai—a simple combination for robbery without excuse—was formed at the end of 1508. Henry was left out, for which, indeed, he cared little, knowing that the process of spoliation would inevitably result in quarrels among the leaguers. But though he advanced the arrangements for the marriage of Charles and Mary so far as to have a proxy ceremony performed, the marriage project with Joanna was withdrawn, and his overtures were also finally declined by Margaret of Savoy.
[Sidenote: Wolsey]
In the last year of his life, however, his diplomatic successor—destined to outshine him in his own field—came into employment as a negotiator. It was Thomas Wolsey who probably carried through the arrangement for the union with Charles; Wolsey also who re-established friendly relations with Scotland, which had been becoming seriously strained. In 1505 James had more definitely promised not to renew the French alliance; but had considered himself absolved from this and other obligations, on the usual ground of border raids, in which Wolsey himself admitted that the English had been very much more guilty than the Scots.
[Sidenote: 1509 Death of Henry VII.]
But Henry's own days were numbered. As a boy and as a young man he had lived a hard life; throughout the four-and-twenty years of his reign he had never been free from the strain of anxiety, never relaxed his labours, never allowed himself to cast his cares upon other shoulders. In 1508 he had a serious illness, from which he never fully recovered; in the early spring of 1509 his health finally and fatally broke down. On April 21st the founder of the Tudor dynasty and of the Tudor system left the throne, which he had won by the sword, to a son, whose right by inheritance was beyond dispute.
HENRY VII (iv), 1485-1509—ASPECTS OF THE REIGN
[Sidenote: 1485 Henry's position]
The task before Henry when he ascended the throne was a difficult one. He had to establish a new dynasty with a very questionable title, under conditions which could not have allowed any conceivable title to pass without risk of being challenged. It was therefore necessary for him not merely to buttress his hereditary claim by marrying the rival whose title was technically the strongest, and securing the pronouncement of Parliament in his favour, together with such adventitious sanction as a Papal Bull afforded; but further to make his subjects contented with his rule.
Two things were definitely in his favour. The old nobility who between the spirit of faction and the love of fighting had kept the country in a state of turmoil for half a century were exhausted—not merely decimated but almost wiped out; while the mass of the population was weary of war and ready to welcome almost any one who could and would provide orderly government. The country was craving to have done with anarchy.
[Sidenote: Studied legality]
A firm hand and a resolute will were thus the primary necessities; but tired as the nation was, it was still ready to resent a flagrant tyranny. The Yorkist Kings had seen that absolutism was the condition of stability; Henry perceived that, applied as they had applied it, the stability would still be wanting. He had to find a mean between the wantonly arbitrary absolutism which had been attempted a century before by Richard II. and recently by Edward IV. and Richard III. on the one hand, and on the other hand the premature application of constitutional ideas under the House of Lancaster. The actual method evolved was the concentration of all control in the hands of the King, accompanied by an ostentatious deference to the forms of procedure which were liable to be put forward as popular rights, and a very keen attention to the limits of popular endurance.
Thus Henry's first step was to summon Parliament and follow the Lancastrian precedent of obtaining its ratification of his own title to the throne. The next step, necessitated by his position, was to cut the claws of the Yorkists as a faction by striking at Richard's principal supporters. This could only be done effectively by treating them as traitors—a proceeding which could not but savour of tyranny, since they had at any rate been supporting thede factoKing: so again Henry took the only means of minimising the arbitrary character of his action, by obtaining parliamentary sanction. Some ten years later, at the time of Perkin Warbeck's attempted landing at Deal, he procured the remarkable enactment that support of ade factoKing should not in the future be accounted as treason to the successor who dethroned him—a measure characterised by Bacon, writing a hundred years later, as too magnanimous to be politic. In 1485 it would have been so; but at the actual time Henry was himself thede factomonarch; he had no wish to punish his predecessor's supporters further; and he was really providing an inducement to his subjects to be loyal to the ruling dynasty. At the same time he could pose as advocating abstract justice in preference to the prevailing practice by which he had himself profited; strengthening his own hands in fact, while in theory he was introducing into politics the recognition of an ethical principle which—as it happened—no longer conflicted with his own advantage.
[Sidenote: Policy of lenity]
In fact Henry had an unusual perception of the political uses of a judicious leniency: but the leniency was deliberate and considered. He could also strike hard, on occasion. The rebels who were taken in the fighting near Deal met with scant mercy; and a very few months earlier, the execution of the apparently trusted and powerful William Stanley had been a sharp reminder that the royal clemency could not be taken for granted. Three years later he carried severity altogether beyond the limits of justice in executing Warwick. But as a rule he was lenient to a degree which had even its dangers. Simnel was treated as of too small account to be worth punishing. Warbeck from his capture till his attempt to escape was maintained in comfort and almost in freedom. Suffolk's earlier escapades were pardoned. Kildare was repeatedly forgiven, and really converted into a loyal subject. The Cornish insurgents of the Blackheath episode were dealt with so tenderly that they took clemency for weakness. Warbeck's Cornish rising was turned conveniently to account for the replenishment of the royal treasury by the infliction of fines, but no one who had supported it could complain of harsh treatment; rather they must have felt in every case that they had been let off very easily according to all precedents.
Even when Lovel's and Simnel's risings were in actual progress, pardons were offered to such of the rebels as would make haste to repent; and there was no withdrawal of those pardons afterwards on more or less plausible pretexts, in the manner of preceding Kings and of Henry's successor after the Pilgrimage of Grace. Broadly speaking it was the King's policy to emphasise the fact that he had no intention of attempting to play the tyrant, or to vary a rash generosity by capricious blood-thirstiness, like Richard III. The sole victim of tyrannous treatment in this sense throughout the reign was the unhappy Warwick.
[Sidenote: Repression of the nobles]
But the attitude of strict conformity to law was entirely compatible with that steady concentration of all real control in the King's hands, which was the leading object of Henry's policy. For this purpose the primary condition was that none of his subjects should be sufficiently powerful to challenge his authority and raise the standard of revolt, as the King-Maker and others had done in the past. The old nobility were practically wiped out. Insignificant husbands were chosen for the daughters of York. The blood of the Plantagenets ran in the veins of the house of Buckingham; but it was only in the last generation that the De la Poles had mated with the royal house, and their estates were much diminished; the Howards had suffered as supporters of Richard. Surrey indeed was deservedly restored to grace; but no amount of personal loyalty or of royal favour exempted the nobles from the severe restriction of the old practice of maintaining retainers in such numbers as to form a working nucleus for a fighting force; nor were they allowed to accumulate wealth dangerously. Henry was well pleased that his subjects should gather sufficient riches to feel a strong interest in the maintenance of order, but not enough to use it to create disorder.
Beyond this, however, he was careful to employ the nobles as ministers no more than he could help. He laid the burdens of statesmanship as much as possible on the clergy—on Morton and Fox and Warham. Fox, as Bishop of Durham, played a part in the relations of England and Scotland at least as influential as that of Surrey. After Morton's death Warham became Chancellor. Yet each of these three bishops felt happier in the conduct of his ecclesiastical functions than as a minister of the Crown. All three did worthy and conscientious service, but would willingly have withdrawn from affairs of State. They were counsellors, not rulers; the one real ruler was the King himself.
While the King restrained the power of the nobility as military factors in the situation, he developed his own control of military force by the revival of the militia system, always theoretically in force, but practically of late displaced by the baronial levies; and his hands were further strengthened by the possession of the only train of artillery in the realm, the value of which was markedly exemplified in the suppression of the Cornish insurgents.
[Sidenote: The Star Chamber]
Another instrument in the King's hands, invaluable for the purpose of holding barons and officials in check, was the institution which came to be known as the Star Chamber. [Footnote:Cf.Maitland inSocial England, vol. ii., p. 655, ed. 1902; Busch, p. 267.] Beside the development of the House of Peers as the highest court of judicature in the realm, the development of the Great Council on similar lines had long been going on. The two bodies differed somewhat in this way—that the peers had the right of summons to the former, when the judges might be called in to their assistance; whereas there wereex officiomembers of the Council who were not peers, and considerable uncertainty prevailed as to the right of peers as peers to attend the Council. The customary powers of the Council arose from the need of a court too powerful and independent to be in danger of being intimidated or bribed by influence or wealth, able to penalise gross miscarriage of justice fraudulently procured, and to take in hand cases with which the ordinary courts would have had grave difficulty in dealing. In exercising this function the Council practically came to resolve itself into a judicial committee, meeting in a room known as the Star Chamber, and its authority was regularised by Act of Parliament in 1487. Absorbing into its hands offences in the matter of "maintenance" and "livery,"—i.e., broadly speaking, practices which the nobility had indulged in for the magnification of their households, and the provision of a military following—and being peculiarly subject to the royal influence, it was exceedingly useful to the King in keeping the baronage within bounds. Following, on the other hand, a procedure analogous to that of the ecclesiastical courts, unchecked by juries, and having authority to punish officers of the law whom it found guilty of illegal or corrupt practices, its influence was gradually extended, so that the fear of it guided the judgments of inferior courts. Under Henry VII., however, its functions were exercised at least mainly in the cause of justice—they were used, not abused—to the public satisfaction, as well as to the strengthening of the King's own hands. The moderation with which Henry used the powers he was accumulating concealed the latent possibility of the misuse of those same powers by a capricious or arbitrary monarch.
[Sidenote: Henry's use of Parliament]
Not less conspicuous is Henry's application of the same principles in his dealings with Parliament. He was careful, as we have seen, to secure for his own claims the sanction of the National Assembly, and to give due recognition to the authority of the estates of the realm. But he gave it no opportunity of acquiring powers of initiative, and he directed his financial policy to placing himself in such a position that he could escape that extension of its controlling powers, which naturally followed whenever a King found himself dependent on it for supplies. Throughout the first half of his reign he summoned frequent Parliaments, obtaining considerable grants on the pretext of foreign wars which were in themselves popular; but he turned the wars themselves to account by evading extensive military operations, and securing cash indemnities when peace was made. He even resorted, when a serious emergency arose, to benevolences, which were illegal; but he first secured the approval of the Council, which could still act to some degree as a substitute for Parliament when the Legislature was not in session, and he afterwards obtained the ratification of Parliament itself. By this means he obtained more than sufficient for the actual expenditure; in the meantime accumulating additional treasure by forfeitures from rebels and fines for transgression of the law. We have already observed his method of consistently resorting to pecuniary penalties as an apparently lenient form of punishment, which conveniently replenished his treasury. Thus, during the latter part of his reign, he was able to do without Parliaments almost entirely; supplementing his revenues through his agents Empson and Dudley, who made it their business to discover pretexts for enforcing fines under colour of law, and often with the flimsiest pretence of real justice.
[Sidenote: Financial exactions]
It was in this field that Henry overstepped his normal policy of not only working through the law but avoiding misuse of it. For the filling of Henry's treasury, the law was abused. The exactions of Empson and Dudley were made possible by the statute of 1495, empowering judges, upon information received, to initiate in their own courts trials of offenders who were supposed to have escaped prosecution through the corruption or intimidation of juries. Empson and Dudley being appointed judges found it an easy task to provide informers, who laid before them charges on which a case could be made out for fining the accused. In theory, of course, the King was not responsible, and the guilty judges paid the penalty with their lives early in the following reign. But the King did in fact get his full share of the discredit attaching; and perhaps his methods in this particular have been emphasised out of proportion to other traits in his character and policy by popular writers. There is some reason to doubt if Henry was ever quite fully aware of the extent to which these extortions were distortions of law; and there is no doubt at all that Empson and Dudley did not conduct their operations with a single eye to their master's benefit, but contrived to intercept ample perquisites on their own account. The statute was soon repealed under Henry VIII.
[Sidenote: Trade theories]
Modern economic theories depend for their validity on the postulates of the transferability of capital and of labour. In proportion to the limitation of the industries possible to a community, their laws apply, or fail to apply, within that community. The development of a new industry may be impossible, in the competition with established rivals, without artificial assistance—assistance given to that industry at the expense of the community at large; the preservation of an existing industry may demand like assistance. When the labour and capital employed can be transferred productively to another industry, it is obviously better that the transfer should take place, and the failing industry lapse, than that the community should be charged with maintaining an industry which cannot support itself —whether or no the competitors driving it out of the market are enabled to do so only by like extraneous assistance. When the capital and the labour cannot be transferred, but the industry can be maintained by assistance, the question becomes one of weighing the cost of maintenance to the community against the injury to the community from the collapse of the industry. Thus in any state with its commerce in the making, when the transferability of capital and labour is at best in dispute, the theory of buying in the cheapest market, wherever it is to be found, is not in favour. It is held better to raise the prices to the point at which the native product pays its native producers. In mediaeval times the foreigner wasprima faciea person who came not to bring trade but to appropriate it. Hence he was subjected to regulations, limitations and charges for permission to carry on his operations. The next stage is reached when reciprocal free trade is recognised as an advantage and mutual concessions are made, restrictions and duties becoming, so to speak, implements of war, often enough proving two-edged.
[Sidenote: Henry's commercial policy]
Henry VII. was not an economist far in advance of the theories of his age; but economic considerations, as they were then understood, carried much more weight, and generally played a much larger part in his policy than was customary with the king-craft of the times, or with state-craft outside the commercial republic of Venice, the commercial association of German Free cities known as the Hansa or Hanseatic League, and the Netherlands. Accordingly we find him using every available means to obtain a footing in fresh foreign markets for the main English products of his day—wool and woollen goods; to secure for English merchants the rights and privileges which would enable them to compete on equal terms with the foreigner, and to curtail those privileges of the foreigner in England. In the matter of wool, the primacy of the English article was so thoroughly established that little extraneous aid was required. But with manufactured woollen goods the case was different, since the Flemings held the lead; and shipping also demanded artificial encouragement—first, because it was necessary to enterprise in the development of the export trade, at present largely carried on in foreign bottoms; second, because the King was, at least to some extent, alive to the strategic uses of a fleet which could be requisitioned for war purposes.
[Sidenote: The Netherlands trade]
The great mart for English wool was the Netherlands, whose manufacturing business required the raw product: the Netherlanders were more dependent on England than the English were on them. Hence this trade was used by Henry throughout his reign as a political lever—a means to political ends rather than an end in itself. If his own subjects suffered from a customs war, Philip's suffered more. So long as Burgundy made trouble on behalf of Perkin Warbeck the battle went on. In 1496 Philip gave up the contest, and theIntercursus Magnusfollowed. Soon after the beginning of the new century the fight was renewed, to be terminated by what the Flemings called theIntercursus Malus, an arrangement so one-sided and pressing so hard on them that its terms were practically impossible of fulfilment; and Henry assented to their modification before his death, partly with a view to overcoming the reluctance of Margaret of Savoy to accept his matrimonial overtures.
[Sidenote: The Hansa]
When Henry came to the throne, he found the export trade mainly in the hands of two foreign groups—the Hansa, who had acquired privileges in England which they did not reciprocate, and the Venetians, who held their own without privileges by superior commercial acuteness—and of two English groups, the Merchants of the Staple, who controlled the wool markets, and the Merchant Adventurers, who were mainly interested in the manufactured goods. The King therefore followed a consistent policy of straining, in a restrictive sense, the interpretation of the concessions made to the Hansa, of emphasising grievances against them and of pressing for counter- privileges; and he successfully negotiated with Denmark in 1489 a commercial treaty, which interfered with the Hansa monopoly of the Scandinavian trade, by placing English merchants on a competitive footing with them. In a similar manner, he brought pressure to bear on the Venetians by opening direct relations with the Florentines at their port of Pisa. It is curious to note incidentally that the export dues on raw wool were enormously heavier than those on the manufactured goods; the difference being made in order to encourage the home sale of the wool and to stimulate the home manufacture by this means, as well as by encouraging the foreign sale of the manufactured goods. It is also observable that when an attempt was made by the London merchants to capture the worsted trade, Henry nipped it in the bud. It was no part of his policy to allow corporations—any more than individuals—to become powerful enough to demand terms for their political support.
[Sidenote: The Navigation Acts]
Recognising, as we saw, the commercial advantage to England of doing her own carrying trade and of multiplying ships and seamen, Henry—tentatively at first, but with increasing confidence—adopted artificial methods of encouraging this branch of industry, at the expense of free competition. Very early in the reign a Navigation Act required that goods shipped for England from certain foreign ports should be embarked on English vessels, during a specified period. Then the Act was renewed for a longer period, and finally without a time limit, and with more extended application. A great impetus was given to English shipping, with momentous results which can hardly have entered into Henry's calculations. He could not have anticipated the vast extensions of empire which were to be the prize of the nations with ocean-going navies, with the ocean itself for the great battlefield; or even the extent to which commerce and naval preponderance were destined to go hand in hand. The monopoly of the States with a Mediterranean sea-board was coming to an end.