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in the right of the ufurper. When Henry's fa- A. C. 1460. vourers alledged, that his grandfather had received the crown by the authority of parliament, the favourers of the duke of York anfwered, that he did not pretend to claim it without the fanction of the faid authority, as plainly appeared from his memorial prefented to both houfes; but, as the parliament had formerly ftrong reafons to fet afide the true heir in favour of the house of Lancaster, so now they had powerful motives for doing justice to the duke of York. The refignation of Richard II. was advanced in behalf of the houfe of Lancaster; and, the other fide denied that Richard's refignation regarded that house in particular, or even the perfon of Henry IV. but, even allowing this to have been the cafe, a king who was actually in confinement, and on the point of being depofed, had no power to establish a fucceffor. It was objected to the duke of York, that his father, the earl of Cambridge, had been executed for high-treason, and his posterity declared incapable of all inheritance: but, this ob. jection was obviated by those who obferved, that the duke of York had been reftored to the honours, and all the rights of fucceffion by the king himfelf; and acknowledged as duke of York and earl of March by Henry, as well as the whole kingdom. Then the friends of the king observed, that the crown had been above fixty years in poffeffion To this obfervation of the house of Lancaster.

the others replied, that natural rights were indefeafible, and that no pofitive law could bring them into prefcription. The laft argument advanced in favour of Henry imported, that having already reigned thirty years, and led an innocent and inoffenfive life, it would be cruel to deprive him of the crown. To invalidate this argument, the Yorkists obferved, that as Henry was incapable of governing by himself, fuch indulgence would only operate in E favour NUMB. XLII.

P

A. C. 1460. favour of the queen and her minifters, who abused his name and authority: that, out of tenderness to him, they ought not to prejudice the whole kingdom, nor commit a flagrant piece of injuftice from a motive of charity.

The difference be

ry and the

duke of York is compro. mised.

Stowe.

Grafton.
Fabian.

Such were the principal reafons advanced on both tween Hen- fides of this very remarkable difpute, which was maintained with great spirit and capacity for fome days fucceffively, until they agreed to a fort of modification, which they hoped would prevent all those mischievous confequences that might have attended a total revolution. They unanimously refolved, that Henry should enjoy the crown for his natural life; and the duke of York be declared his fucceffor. This refolution was fignified to the king by the chancellor, and afterwards reduced to an act of parliament to the following effect: That, although the duke of York had an inconteftible right to the throne, he confented to Henry's enjoying it for life, and even to take the oath to him as to his lawful fovereign; but, in cafe Henry fhould in any shape violate this agreement, the crown fhould from that moment devolve to the duke of York, or his lawful heirs. After this act was paffed, the king, with the crown upon his head, went in proceffion to St. Paul's, accompanied by the duke of York, in token of reconciliation; and, indeed, he feemed to be quite eafy under this revolution of his affairs. Without feeming affected by the misfortunes of his family, he lived in tranquillity, employing himself wholly in the exercises of devotion; and leaving the adminstration to those who managed under the fanction of his name and authority. The duke of York finding himself abfolutely mafter of Henry's perfon, obliged him to fign an order for the queen to repair to London; well knowing, that fhe would not obey the injunction: but, his defign was to render her criminal in the eyes of the world, from

her

her refufal to comply with the command of her A. C. 1,60 lord and hufband; which would in fome measure authorise the measures he intended to take against that princefs. He thought her abfolutely without refource, and perfuaded himself, that nothing was wanting but a pretext for raifing invincible obftacles to her return, that he might be altogether delivered from fuch an active enemy. But, he was miftaken in his conjecture.

Margaret, far from being difpirited by the mif. fortunes of her husband, had already returned to England with her fon the prince of Wales; and raised an army of eighteen thousand men in the northern counties. In order to engage the people of that country in her intereft, fhe found means to diffufe a report among them, that they should be allowed to pillage all England to the fouthward of the Trent; and, in all probability, her fuccefs in levying forces was owing to this expedient. The duke of York being informed of her defigns, refolved to arreft her in the middle of her career; and for that purpose set out from London with four or five thousand men, leaving an order with his fon the earl of March, to conduct the reft of the army into quarters of refreshment in Wales; and afterwards join him in the northern counties. As the duke advanced towards the North, he was not a little alarmed by the news of the queen's fuccefs in levying forces, with which he had not been acquainted before he left London; and, when he arrived in the neighbourhood of Wakefield in Yorkshire, he received intelligence, that he was in full march against him, at the head of eighteen thousand men. He forthwith threw himself into his own caftle of Sandal, by the advice of the earl of Salisbury, who obferved, that as the queen had no artillery, he could not be forced in that place, until he fhould be joined by his fon Edward. Margaret neglected no artifice which she thought

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The duke is and flain in the battle of

vanquished

Wakefield.

A.C. 1460. thought could induce him to quit this retreat before his fon's arrival. She affected to continue her route towards the South; then he placed the greater part of her forces behind an eminence; and with the reft approaching the caftle of Sandal, provoked him to battle by the most infulting meffages. Whether the duke was ftimulated by her reproaches, or found himfelf obliged to make a defperate effort, for want of provifion; or laftly, was deceived in the number of the enemy; certain it is, he drew out his men, and refolved to hazard a battle. The action was begun by York, who charged the queen's troops with great impetuofity: but, her numbers overbalanced his courage; and, thofe troops who had been posted in ambush behind the hill, falling fuddenly upon his rear, the Yorkifts were immediately routed: the duke himself was flain fighting valiantly on foot; Sir Thomas Harrington, Sir David Hall, Sir Hugh Haftings, Sir Thomas Nevil, third fon of the earl of Salisbury, Sir John and Sir Hugh Mortimer, with many other gentlemen, and about two thousand eight hundred foldiers, met with the fame fate. The duke's fon Edmund Plantagenet, earl of Rutland, was after the battle inhumanly killed in cold blood, upon Wakefield bridge, by the lord Clifford: the earl of Salisbury being wounded and taken prifoner, was fent to Pomfret, where he fuffered decapitation, and his head was fixed on the walls of York, as well as the duke's, upon which Clifford fet a crown of paper, in derifion of his title. Thus fell Richard, duke of York, a prince poffeffed of many great and amiable qualities, and blameworthy alone, for having involved his country in the miseries of civil war, with a view to affert a difputed claim, fuch as had often been disregarded in the fucceffion of the English kings, both before and after the conqueft; a claim, which, in all probability, would have lain dormant, had

not

not the imbecility of Henry, and the arbitrary A. C. 1460.
measures and unpopular deportment of his queen,
awaked and invited it from the fhade of obli-

vion.

dor, with a

queen's ar

earl of

Mortimer's

The battle of Wakefield, which was fought on A. C. 1461. the thirtieth day of December, inftead of re-efta- Jasper Tublishing the affairs of Margaret, and the prince of detachment Wales, ferved only to haften their ruin. The earl of the of March, far from being difpirited by the defeat my, defeated and death of his father, was inflamed with the most by the young eager defire of revenge; and refolved to hazard his March, at life and fortune in fupport of his pretenfions. He crofs in Henow found himself in Wales, at the head of three refordshire. and twenty thousand men, befides those who had been left under the command of Warwick for the defence of the capital; and, with thefe he determined to go in queft of Margaret, on whom he longed to revenge the misfortunes of his family. That princefs had begun her march for London; and hearing of young Edward's defign, detached Gafper Tudor, earl of Pembroke, and James Butler earl of Ormond, with a body of English and Irish troops, to oppose his progress. March, being informed of the queen's motions, had altered his firft refolution of giving her battle, and changed his route, in hope of reaching London before her arrival: but, when he understood that Tudor had been detached against him, rather than run the rifque of being hemmed in between two hoftile armies, he marched directly into Herefordshire, in order to give him battle. The two armies met near Mortimer's cross, on Candlemas eve; and Edward being greatly fuperior in number to the Lancaftrians, these laft were foon defeated, with the lofs of three thousand and eight hundred men killed on the field of action. The earls of Pembroke and Ormond escaped; but, Owen Tudor, husband of Catherine of France, and ftep-father to king Henry,

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