Elizabeth I: A tale of betrayal and deception

Continuing the Treason theme pursued by the archives for the past year, Tracy Borman tonight gave a presentation about how the life of Good Queen Bess was shaped by the ever-present threat of insurrection against the crown.

The Tudors are among England’s (and perhaps the world’s) most celebrated dynasties, often associated with ideas of absolutism and supreme power, but in reality they were always fundamentally insecure on the throne. Henry VII’s descent from John of Gaunt and his mistress made a weak claim to the throne, and anyone outright seizing it by force would forever suffer the taint of usurpation. Henry played on the idea of treason right from the start – legally backdating his reign to the day before Bosworth so that Richard III’s supporters would be the traitors.

Henry VIII would take the concept further, regularly hurling treason charges at his ministers, blood relatives and even wives once they had fallen out of his favour. An example highlighted was the treatment of Anne Boleyn and Henry Norris – accusing them of adultery was not enough, it was also alleged based on an offhand joke that he was plotting to assassinate the king. The real motivation, of course, was that Anne had failed to birth a living son and thus Henry needed rid of her. That she would be beheaded was a foregone conclusion before the start of the trial. This is posited as one reason her daughter Elizabeth avoided conjugal attachments.

Another came after Henry’s death when her stepmother Katharine Parr swiftly remarried to Thomas, Lord Seymour of Sudeley. He is rumoured to have behaved inappropriately toward Elizabeth, even plotting to marry her (without Edward VI’s permission) after Katharine’s death. He too was executed as a traitor following an incident where he shot one of the king’s dogs and broke into the royal bedchamber.

During the unpopular reign of Mary I & Philip of Spain, Elizabeth was used involuntarily as the figure head for Sir Thomas Wyatt’s rebel movement. Mary imprisoned her sister for a time and only narrowly avoided killing her. Lady Jane Grey was not so lucky.

Once Elizabeth had actually ascended the throne, another Queen Mary proved similarly dangerous. Deposed in Scotland, Mary Stuart still possessed the strongest claim to the English throne. She sought Elizabeth’s mercy but instead became her prisoner. Her very presence made her a focal point for revolutionary intentions by English Catholics, made worse when Pious V actually issued a Papal Bull encouraging them to rise up. This led to the Treason Act 1571, which expanded the offence to include intent of harm against the monarch. Elizabeth ultimately executed Mary, but had to put on a show of reluctance about it, scapegoating her ministers to distance herself from regicide.

In the question period that followed, Borman rejected the theory that Henry VIII had been nice until his 1536 jousting accident. She said that he had always been paranoid and vicious. She also said that Cromwell and Wolsey were the only deaths for which Henry demonstrated any remorse.

Asked about Elizabeth, she said there were hints by a midwife about a lovechild with Seymour, but no evidence of substance. The Queen had to be subtle in her attempts to rehabilitate her mother’s legacy, for Anne was still hated by most of the English populace. Borman cited Miranda Richardson in Blackadder II as her favourite onscreen portrayal.

A New Regency Bill

Ever since the state opening earlier this year, the topic of counsellors of state has been prominent in my mind, and in the minds of many others. Just as Elizabeth II’s health was failing and the necessity of this constitutional device was more pressing, so the actual availability of counsellors was at its lowest since the device was invented. Many in academic and political circles were discussing possible updates to the legislation. I even had a go at drafting a new bill myself. As the original 1937 Act had already been amended twice, and as I wanted to avoid a confusing change of pronouns mid-paragraph, I did consider neatening things up by repealing it wholesale and typing out most of its provisions again, but that version turned out to be too long-winded for the amount of actual change I needed to effect. By early September it was nearly in a presentable state, but then Her Majesty’s death seemed to render the matter moot for a while.

Today the Lord Chamberlain of the Household announced that King Charles wished his siblings Anne and Edward to be re-appointed as counsellors. This will require new legislation, which we can expect to be brought forward swiftly. I hope it’s not too late to send in my own.

A

BILL

TO

Amend the provisions for a regency in the event of the incapacity of the sovereignty due to illness or minority, and for the performance of certain of the royal functions in the name and on behalf of the Sovereign in certain other events.

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. The Regency Act 1937 is amended: –

  1. In subsection (1) of section two, replace “Lord Chancellor” with “Prime Minister” and “Chief Justice of England, and the Master of the Rolls” with “Speaker, and the President of the Supreme Court”.
  2. In subsection (2) of section two, replace “His Majesty’s Dominions and to the Government of India” with “His Majesty’s Realms and to the Commonwealth Secretariat”.
  3. In subsection (1) of section five, replace “mother, if she is living” with “living parent”.
  4. In subsection (1) of section six, replace “by telegraph” with “electronically”.
  5. For all of subsection (2) of section six, substitute “The counsellors of state shall be any five persons of His Majesty’s choosing, appointed by Statutory Instrument under this Act and subject to the affirmative resolution procedure.”.

2. The Regency Acts of 1943 and 1953 are repealed.

3. This Act may be cited as the Regency Act 2022, or it and the Regency Act 1937 may be cited as one.

4. This Act takes effect upon the approval by both Houses of Parliament of the first statutory instrument passed under section one.

EXPLANATORY NOTES

This bill updates the Regency Act 1937, as well as repealing the 1943 and 1953 Acts which had amended it already.

Section 1 (1) changes the list of persons empowered to determine the monarch’s absence or incapacity. It adds offices whose jurisdiction encompasses the whole United Kingdom (Prime Minister, Lord Speaker, President of the Supreme Court) and removes those whose roles are only applicable to parts of it (Lord Chancellor, Lord Chief Justice, Master of the Rolls).

Section 1 (2) removes reference to defunct bodies and adds reference to current ones.

Section 1 (3) updates the list of potential counsellors of state. The original text specified the consort and the first four adults in line to the throne. In early 2017 this would have meant Princes Philip, Charles, William, Harry and Andrew. By 2022 the former had died and the latter two had withdrawn from royal duties, leaving only two counsellors still active: the minimum for this provision to be used. The accession of King Charles III dulls the urgency of the situation by adding Queen Camilla and Princess Beatrice to the list (as consort and fourth adult in line respectively) but the current arrangements are still less than ideal. The new text allows for counsellors to be added or removed as necessary without the burden of new primary legislation each time.

Section 2 repeals intermediate legislation whose provisions are now redundant. The 1943 Act lowered the age of eligibility for the heir-apparent to be a counsellor, but that is negated by this Bill. The clause regarding counsellors’ absence is also covered by the revised wording. The 1953 Act anticipated minority reigns by persons who have since reached the age of majority and gave powers to persons who are now deceased. The sole active provision of the latter Act is to reduce the age at which the heir-apparent could be regent from twenty-one to eighteen years, but as the present heir-apparent is over the higher age that point is likewise moot.

Section 4 delays implementation of the legislation until His Majesty’s appointments have been approved, to avoid an interim situation in which there would be no counsellors of state at all.

Heralds-a-Heralding

Today and yesterday, Charles III was formally proclaimed as King across the world, following the meeting of his accession council. This is only the fourth accession in Britain since the invention of the television, and the first time that the council itself has been broadcast live. Indeed, to my knowledge the only other time that any meeting of the council in Britain has been recorded was for the 1993 documentary Days of Majesty, and even then only a small clip was shown. There was supposed to have been a meeting (probably done virtually) some days ago for the swearing in of Liz Truss’s new cabinet, but the fading of Queen Elizabeth’s health prevented it. When that session will eventually take place is unknown. The ceremony was something of a consolation prize for Penny Mordaunt, who lost the bid to become Prime Minister but was instead appointed Lord President. She took the lead role in the day’s proceedings. Once the proclamation had been approved and various oaths had been taken it was read out by David White, Garter King of Arms, on the palace’s balcony. Not long later it was repeated by Timothy Duke (Clarenceux) on the steps of the royal exchange. The next day it was read by Robert Noel (Norroy & Ulster) at Hillsborough Castle. Joseph Morrow (Lyon) read it at Mercat Cross, as did Morfudd Meredith (Lord Lieutenant of South Glamorgan) and Thomas Lloyd (Wales Herald) in Cardiff. The other proclamations made around the British Isles, and the Commonwealth, are far too numerous to list.

Times such as this are a rare opportunity (others being state openings and, next year, the coronation) to see officers of arms in their full finery. They will be very busy over the coming months.

It can be taken as read that, following his ascent to the throne, the undifferenced arms of the United Kingdom, and those of all his other realms and territories, now belong to His Majesty. The arms of his siblings, niblings and cousins have no reason to change from what they were before. The arms of his wife, sons, and daughters-in-law are all due for upgrades.

Probable arms of Camilla, Queen Consort


Camilla, as Queen Consort, can now be expected to impale the Shand arms with those of the King. Given that William now has all of the statuses and titles that his father held a week ago, it is most probable that he will bear the same heraldic achievement, with which Catherine will impale the Middleton arms. It is yet to be seen (and there are conflicting precedents) of the Duke & Duchess of Sussex will similarly upgrade by swapping their five-point cadency label for one of three points, and removing the strawberry leaves from their coronets. The ever-present yet ever-uncredited Sodacan has already uploaded multiple illustrations of how he expects the revised armorial achievements to look.

Probable arms of Catherine, Princess of Wales

There is some controversy over whether Charles will change the heraldic depiction of the crown from St. Edward’s (depressed arch) to Tudor (no depression). There is a perception that St. Edward’s Crown is for queens and the Tudor crown for kings (due to the latter being preferred from 1901 to 1952) but this is not binding and St. Edward’s was regularly used by kings before Victoria’s reign.

FURTHER VIEWING

 

Demise and Disarray

The death of Elizabeth II is a time of serious grief for her family and her many peoples. It is also a time of mild confusion for public bodies, and of course Wikipedians. Here is a run-down of some of the changes that have recently been made.

The Monarch

The man long known as Charles, Prince of Wales is now King. For many years there had been speculation that he would take the regnal name George VII in honour of his maternal grandfather and great-grandfather, but shortly after his accession it was confirmed that he would indeed go by Charles III. There was a brief period when his page was at Charles, King of the United Kingdom before being changed to Charles III. There is an ongoing debate as to whether the article title should include “of the United Kingdom”. The side in favour argues that there have been many other monarchs over the centuries called Charles III from whom the present monarch needs to be differentiated. The side against argues that Charles is king of far more than just Britain, and that if you included one realm in his title you would have to include all of them, lest you imply that one is more important than another.

The Consort

Camilla Shand, at the time of her marriage in 2005, was not popular among much of the public still grieving Diana Spencer. So as to avoid appearing to usurp her legacy, she never styled herself “Princess of Wales”, instead going by “Duchess of Cornwall”. It was also suggested back then that, upon her husband’s accession, she would be styled “Princess Consort” (presumably derived from Prince Albert) rather than Queen. How true this proved to be was always a matter of public relations rather than constitutional law. By the start of this year it was clear that her reputation had recovered sufficiently to abandon that idea, and Elizabeth II in an open letter explicitly endorsed her daughter-in-law to be called Queen Consort. Currently all major media and government sources are very insistent on styling her “The Queen Consort”, rather than simply “The Queen” as other queens consort were before her. It is not yet clear if she will be described this way for the whole of Charles’s reign or if it is simply a temporary measure so as not to confuse the public while the late queen regnant is still being mourned. Again, there is dispute over whether her article title should include “of the United Kingdom”.

The Heir Apparent

In 2011 Prince William of Wales was ennobled by his grandmother as Duke of Cambridge, Earl of Strathearn and Baron Carrickfergus in the peerage of the United Kingdom. He has not ceased to hold these titles, but they are now buried beneath several others. The dukedom of Cornwall, in the peerage of England, is governed by a 1337 Charter instructing that it belongs automatically to the eldest living legitimate son of the incumbent monarch and the heir apparent to the throne, and that if these two statuses are held by different people then the title is left vacant. This means that all dukes (save Richard of Bordeaux) are deemed to have held the original peerage, rather than it being created anew each time. The Duchy of Cornwall, a substantial land-holding corporation in the south of England, is governed by the same. The dukedom of Rothesay in the peerage of Scotland is mandated by an Act of Parliament from 1469 to follow an identical succession, as are the titles Earl of Carrick, Baron of Renfrew, Lord of the Isles, Prince of Scotland and Great Steward of Scotland. The titles of Prince of Wales and Earl of Chester, by contrast, are not automatic. They are conferred by letters patent at the discretion of the monarch. It appears from news reports that Charles III has opted to do so almost immediately after coming to the throne, though I am still waiting to see this formally confirmed in the Gazette or the Court Circular. There was a short interlude in which the royal website and Wikipedia styled him “Duke of Cornwall and Cambridge”. I argued that it was poor form to include Cambridge while leaving out Rothesay, to which an anonymous user replied:

It would, but we don’t have a basis for that usage in Wikipedia practice. The hierarchy is very much What the Papers Say > legal/heraldic/formal/official names > anything that actually makes sense. I’m guessing there will be a followup announcement about his distinct style in Scotland and indeed in Northern Ireland, and maybe they’ll end up with something more logical and less clumsy. After workshopping every other possibility.

The Others

The accession of a new sovereign causes a reshuffle in the orders of precedence among the royal family. In the male order, Charles is naturally now on top. His sons William and Harry also move up, as do his grandsons George, Louis and Archie (their position before, as great-grandsons of the sovereign, was a little unclear). Andrew and Edward are demoted from sons to brothers, James and Peter from grandsons to nephews, and the Earl of Snowdon from nephew to cousin. The Dukes of Gloucester and Kent and Prince Michael are unaffected. On the female side Camilla achieves supremacy, followed by Catherine, then Meghan, then Charlotte, then Lilibet, then Sophie, Anne, Beatrice, Eugenie, Louise, Zara, Birgitte, Katharine, Marie-Christine, Sarah and Alexandra.

The styles and titles of Charles’s descendants are also upgraded (though those of his siblings and niblings are not diminished). William and Harry both gain a definitive article in their princely titles. George, Charlotte and Louis are now “of Wales” rather than “of Cambridge”. There has, of course, already been a famous Princess Charlotte of Wales, so until an alternative solution emerges their Wikipedia pages must be differentiated by the awkward use of years in brackets. Archie and Lilibet, as children of a younger son of the sovereign, now qualify as royals under the terms of the 1917 letters patent. They could now correctly be styled as “His Royal Highness Prince Archie of Sussex” and “Her Royal Highness Princess Lilibet of Sussex”, though no move has been made in that direction so far. The situation regarding the Earl of Wessex’s children remains ambiguous. Charles could, of course, amend or revoke the letters patent however he wishes, but there has not yet been any indication in that regard.

The dukedom of Edinburgh, earldom of Merioneth and barony Greenwich, which were conferred by George VI on his daughter’s fiance Philip Mountbatten in 1947, and were then inherited by Charles in 2021, have now merged with the crown. Any of them can be bestowed anew on whomever His Majesty chooses. His brother Edward has long been presumed to receive them next, but no decision has been taken at this time.

Under the Regency Act 1937 Camilla (consort) and Beatrice (fourth adult in line) have become Counsellors of State.

The office of Lord Great Chamberlain of England (not the same as Lord Chamberlain of the Household) has automatically transferred from the 7th Marquess of Cholmondeley to the 7th Baron Carrington. The former therefore loses membership of the House of Lords under Section 2 of the 1999 Act while the latter gains it. What happens to the place he already held among the ninety elected hereditary peers is still to be determined.

The Courts

The Queen’s Bench Divisions of the High Courts of England & Wales and of Northern Ireland, as well as the Courts of Queen’s Bench for the Canadian provinces of Alberta, Manitoba, New Brunswick and Saskatchewan, have all been renamed King’s Bench. The status of Queen’s Counsel in Australia, Britain, Canada and New Zealand has likewise changed to King’s Counsel, and all who hold it have had to amend their post-nominals accordingly. Only last month I created a new template for judges of the Queen’s Bench Division and had scrupulously added the specification to each of their infoboxes. Now I have had to change all of them. Still, it helps boost my edit count I suppose.

The Late Queen

The inevitable moment I and so many others around the world had long dreaded finally arrived tonight – Buckingham Palace announced the death of Elizabeth II. It is a blessing that she survived to see her Platinum Jubilee and the end of the pandemic, but also a disappointment that she missed her centenary.

Last year, shortly after the death of her consort Philip, I blogged an extract from my grandmother’s writings, concerning the time she spent in Malta with then-Lieutenant Mountbatten. I sent a letter about such recollections to his widow. Some weeks later I received a thank-you note from Mary Anne Morrison, Woman of the Bedchamber.

I would have liked to be able to recall a more direct interaction with Her Late Majesty, but sadly my only in-person encounter was a drive-by glimpse in 2017. My time with the new monarch has been similarly brief – I once got a wave from him at the Valley Gardens in Withernsea in July 2013.

More words will come when I have had time to compose them.

Double David

For a while now the Supreme Court of the United Kingdom has had two vacancies, caused by the retirement of Lord Lloyd-Jones and Lady Arden of Heswall in January. Yesterday it was announced that appointments had been made: Arden’s place is to be taken by Sir David Richards, formerly of the Court of Appeal of England & Wales, while Lloyd-Jones’s successor is… Lord Lloyd-Jones.

The reason for this bizarre phenomenon is found by looking at legislation relating to mandatory retirement ages. The Judicial Pensions Act 1959 set the retirement age for people entering the judiciary thereafter at 75, though it was not binding on those already holding office by then (so Lord Denning and Lord Cameron continued until ages 83 and 85 respectively). The Judicial Pensions and Retirement Act 1993 lowered this to 70, but again was not retroactive so that those who had held judicial office before 31 March 1995 were grandfathered in. Lady Arden was the last such grandfathered member of the UKSC. The last overall was Sir James Holman, appointed a judge of the Family Division (EWHC) on 18 March 1995, who retired on 28 June.

The Public Service Pensions and Judicial Offices Act 2022 (which received Royal Assent on 10 March) raised the retirement age back to 75, and this time it was retroactive, so that those already in office can now serve an extra five years, and some who recently retired at age 70 (such as Lloyd-Jones and Richards) can come back for an encore.

Incidentally, I discovered these appointments through the Twitter feed CrownOffFOIDs. The name is a shorthand for “Crown Office Freedom of Information Disclosures”. This is the Crown Office in Chancery, a small section of the Ministry of Justice responsible for the production and management of certain state and royal documents. Whether the office itself, or a private citizen, is operating the Twitter account is not clear. The output includes photographs of the Great Seal of the Realm as well as many of the different types of document to which it may be attached. There are writs, warrants, patents and proclamations of a great many kinds, including the proclamation of the present monarch’s accession, which the Tweet notes is not as physically impressive as one might have expected.

EXTERNAL LINKS

A Blackmailer at Frogmore

Today’s virtual outing was with the National Archives again. James Travers, Cultural Property Manager, was promoting his new book on the “ghost” of Caroline of Brunswick, Queen of George IV.

The centrepiece of the book, and the lecture, was Thomas Ashe, whom the injured consort had commissioned to write her memoirs. His book The Claustral Palace was suppressed from publication, for it would have revealed the intimate life stories of her sisters-in-law who were confined at Frogmore House.

How much of the novel was true is unclear, but it put Ashe in conflict with the government as well as George IV’s brother the Duke of Cumberland (later Ernest Augustus I of Hanover).

Travers’s lecture was quite convoluted in its story, which combined with his soft way of speaking and some technical glitches at my end meant it wasn’t always easy to follow the plot, so reading the book itself is probably necessary to get a full understanding.

Link

Today’s virtual lecture was by the York Festival of Ideas, starring Eleanor Parker.

I asked her at what point in English history the Saxons and Normans were no longer considered different races/nations. She replied that the Normans quickly came to call themselves English, but that twelfth century sources still indicate a cultural and linguistic split, with non-Francophones held back in life.

EXTERNAL LINKS

Power and pageantry: The coronation of King Richard III and Queen Anne

Another date with the National Archives, this time featuring Dr Sean Cunningham,the head of Medieval Records.

I was faintly amused when he brought up a still from The White Queen (2013) featuring Aneurin Barnard and Faye Marsay, if only so he could point out the inaccuracies. Then again, this coronation does not have many other televisual depictions to my knowledge.

Heraldic Headache

Five and a half months since the announcement of their appointments, the installation of the Duchess of Cornwall, the Baroness Amos and Sir Tony Blair in the Order of the Garter finally took place today. Suspended for two years due to the pandemic, the ceremony was revived with the knights, ladies, heralds and soldiers marching through the grounds of Windsor Castle in all their finery.

Getting photographs of this event has proven annoyingly difficult. The Royal Household itself has not made a proper film of it, nor have the major news networks covered it in much detail, so I have had to piece it together from commercial photographers (whose shots I would not risk directly embedding here), crowd-members short films and attendees’ Tweets. The end result is less than satsifactory.

Most importantly, I have yet to see any photographs from inside the chapel since the new members were installed, so remain none the wiser as to the appearance of their armorial banners – my main reason for waiting so expectantly all this time! Sir David Amess and Sir Lindsay Hoyle remain similarly elusive.

While we’re here, it’s worth mentioning yet another podcast I have discovered: the Commonwealth Poetry Podcast by Gyles & Aphra Brandreth, whose first episode features the Duchess of Cornwall and Dame Joanna Lumley as its guest stars.

EXTERNAL LINKS

UPDATE (12th August)

By searching “Garter” on the Parliamentary Archives website, I have found this photographic album of the procession from 1996. Hopefully there will be more of its kind in the same place.