The name is absent



194


Constitutional History.


[chap.


The eaιl of
March v>ins
a battle at
Mortimer’s
Cross, Feb.
3> 1461.


Second
battle of
S. Alban’s,
Feb.
17.


Henry and
Margaret
retire to the
North.


of Lancaster1. The indignities offered to the slain testify at
once to the lack of moderation in the victorious party, and to
the cruel embitterment of public feeling by personal and private
antipathies.

Whilst the duke of York and Salisbury were thus perishing
in the north, the young earl of March was raising forces on the
Welsh inarches, and Warwick remained in the neighbourhood
of London with the captive king. Against the earl of March
Jasper Tudor earl of Pembroke, the king’s half-brother, and the
earl of Wiltshire pitted themselves. They were defeated at
Mortimer’s Cross near Wigmore on the 3rd of February2.
Against Warwick queen Margaret and the northern lords ad-
vanced southwards the same month ; the second battle of
S. Alban’s, on the 17th, restored the king to liberty, and proved
that Warwick was not invincible,. The victorious earl of

March and the defeated earl of Warwick met at Chipping-

Norton, and hastened to London4. Henry and Margaret, in
order to prevent their followers from sacking the capital, had
moved from S. Alban’s 5 to Dunstable, and lost their chance of

seizing the city, where, although the common people were as
usual bitter against the court, they would have met with no
organised resistance. On the 28th the earls of Marςh and
Warwick entered London8; on the ɪst of March the chan-
cellor, bishop Neville, called a general assembly of the citizens
at Clerkemvell, and explained to them the title by which
Edward   Edward, now duke of York, claimed the crown. The mob

crown.     received the instruction with applause, and proclaimed that he

was and should be king. On the 3rd a council of the party

ɪ ' The commune peple of the cuntre whɪelɪe loved him nat ; ' Eng. Chr.
p. 107. According to William of AVorcester the Bastard of Exeter killed
him ; W. Wore. p. 775 ; ef. AVhethamstede, i. 382.

2 Eng. Cbr. p. no ; W. AVorc. pp. 775. 77^∙ On the 12th of February
Edward had the king’s commission to raise forces against the queen,
although her name is not mentioned ; Rymer, xi. 471 ; cf. Ordinances,
vɪ. 3°7-3io.

s Eng. Chr. pp. 107, 108 ; AV. AVorc. p. 776 ; AVhethamstede, i. 3g0 sq.

4 W. Wore. p. 777.

5 Towards York, for fear their forces should sack London; Gregory,
Chr. p. 214 ; Eng. Chr. p. 109 ; AV. Wore. p. 776.

8 AV. AVorc. p. 777.

XVIIi.]         Hdward recognised as King.            τ95

was held at Baynard’s Castle. Archbishop Bourchier, bishop
Beauchamp of Salisbury, bishop Neville, the duke of Norfolk,
the earl of Warwick, the lords Fitzwalter and Ferrers of
Chartley, and Sir William Herbert, with their friends, there
took upon themselves to declare Edward the rightful king.
On the 4th he was received in procession at Westminster, Heiaac-
seized the crown and sceptre of the Confessor, and was pro-
king, March
claimed king by the name of Edward IV1. On the ɪoth the4, ɪ461'
Bishop of Exeter became Edward’s chancellor as he had just
before been Henry’s : and on the 18th the lord Bourchier re-
turned to the Treasury2.

From the 4th of March the legal recognition of Edward’s
royal character begins and the years of his reign date. The
fact is important as illustrating the first working of the doc-
trine by virtue of which he assumed the royal character.
Although there was no formal election, no parliamentary
recognition, and a mere tumultuary proclamation, the character
of royalty was regarded as complete in virtue of the claim of
descent, and as soon as that claim was urged. Parliamentary
recognition followed ; but Edward’s reign was allowed to begin
from the day on which he declared himself king. The nation,
Character
...            ..              .                  ,  , of the usur-

by its action in the next parliament, sanctioned the proceeding, pation.
but the whole transaction is in striking contrast with the revo-
lution of 1399, and even with the proceedings taken a few
weeks before, when the duke of York made his claim. To
anticipate the language of later history, the accession of the
house of York was strictly a legitimist restoration.

The struggle was not even now fought out ; although Edward
was king in London, Henry and Margaret still possessed a
large and hitherto undefeated army. Feeling however the
insecurity of their position in the south, they had returned to
Yorkshire3, whither Edward at once pursued them. On the

1 ‘ By Counsaill of the lords of the south ; ’ Hardyng, p. 406. ‘ By the
advice of the lords spiritual and temporal and by the election of the
commons ; ’ Gregory, Chr. p. 215 ; cf. Hall, Chr. p. 254 ; Eng. Chr. p. no ■
Whethamstede, i. 405-407 ; Fabyan, p. 639.                           ’

2 Rymer, xi. 473.

3 With them were the dukes of Somerset and Exeter, the earls of Devon



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