ENGLAND

QUEEN ELIZABETH

BY

JOHN RICHARD GREEN, LLD.

IN FOUR VOLUMES WITH A SUPPLEMENTARY CHAPTER OF RECENT EVENTS

By JULIAN HAWTHORNE ILL US TRA TED

VOL. II NEW YORK

PETER FENELON COLLIER & SON ALCM

BOOK V.

THE MONARCHY

1461-1540.

THE HOUSE OF YORK

1461-1485.

WITH the victory of Towton the war of the succession came practically to an end. Though Margaret still struggled on the northern border and the treachery of Warwick for a while drove the new king from his realm, this gleam of returning fortune only brought a more fatal ruin on the House of Lancaster and seated the House of York more firmly on the throne. But the Wars of the Roses did far more than ruin one royal house or set up another. They found England, in the words of Commines, "among all the world's lordships of which I have knowledge, that where the public weal is best ordered, and where least violence reigns over the people."An English King the shrewd observer noticed "can undertake no enterprise of account without assembling his Parliament, which is a thing most wise and holy, and therefore are these kings stronger and better served" than the despotic sovereigns of the Continent. The English kingship, as a judge, Sir John Fortescue, could boast when writing at this time, was not an absolute but a limited monarchy; the land was not a land where the will of the prince was itself the law, but where the prince could neither make laws nor impose taxes save by his subjects' consent. At no time had Parliament played so constant and prominent a part in the government of the realm. At no time had the principles of constitutional liberty seemed so thoroughly understood and so dear to the people at large. The long Parliamentary contest between the Crown and the two Houses since the days of Edward the First had firmly established the great securities of national liberty the right of freedom from arbitrary taxation, from arbitrary legislation, from arbitrary imprisonment, and the responsibility of even the highest servants of the Crown to Parliament and to the law.

But with the close of the struggle for the succession this liberty suddenly disappeared. If the Wars of the Roses failed in utterly destroying English freedom, they succeeded in arresting its progress for more than a hundred years. With them we enter on an epoch of constitutional retrogression in which the slow work of the age that went before it was rapidly undone. From the accession of Edward the Fourth Parliamentary life was almost suspended, or was turned into a mere form by the overpowering influence of the Crown. The legislative powers of the two Houses were usurped by the royal Council. Arbitrary taxation reappeared in benevolences and forced loans. Personal liberty was almost extinguished by a formidable spy-system and by the constant practice of arbitrary imprisonment. Justice was degraded by the prodigal use of bills of attainder, by a wide extension of the judicial power of the royal Council, by the servility of judges, by the coercion of juries. So vast and sweeping was the change that to careless observers of a later day the constitutional monarchy of the Edwards and the Henries seemed suddenly to have transformed itself under the Tudors into a despotism as complete as the despotism of the Turk. Such a view is no doubt exaggerated and unjust. Bend and strain the law as he might, there never was a time when the most wilful of English rulers failed to own the restraints of law; and the obedience of the most servile among English subjects lay within bounds, at once political and religious, which no theory of King-worship could bring them to overpass. But even if we make these reserves, the character of the monarchy from the days of Edward the Fourth to the days of Elizabeth remains something strange and isolated in our history. It is hard to connect the kingship of the old English, the Norman, the Angevin, or the Plantagenet kings with the kingship of the House of York or of the House of Tudor.