The Earldom of Wiltes.

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THE famous Yorkshire family of Le Scrope, or Scroop, is one of the most illustrious in the peerage roll of England; not, however, for the number and dignity of their titles, which only amounted to five of lesser rank, two of which are extinct, one dormant, and two in abeyance, but, for the many eminent and influential men sprung from the race, who have distinguished themselves in the State, at the King's Council table, in the Church, at the Bar, on the battlefield, and in the walks of literature. During three centuries, from Edward II. to Charles I., there have been of the Scropes—two Earls, twenty Barons, one Baronet, one Archbishop, four Bishops, one Lord Chancellor, four Lord Treasurers, five Knights of the Garter, several Knights Banneret, many Wardens of the Scottish Marches, three immortalised in the pages of Shakspeare, one, "Keen Lord Scrope," in the ballad of "Kinmont Willie," and another in the ballad of "Flodden Field."

They were originally of Normandy, and in the reign of William I., Osborne Fitz-Richard, their first English ancestor, held several manors in the Western counties. The first mention of them in connection with Yorkshire is in 1287, when they held eight carucates of land at Bolton, where they built Bolton Castle. They rose rapidly in importance, ramifying in various directions, mainly into two great branches, those of Masham and Bolton, subsequently having mansions and domains at Bolton Castle; Clifton Castle, Masham; Danby Hall, Middleham; Upsall Castle, Thirsk; Croft-on-the-Tees, Ellerton-upon-Swale, Spennithorne, and South Kilvington; and are now represented by a junior branch, seated at Danby-super-Yore.

Henry, seventh Baron Scrope, of Bolton, was one of the heroes of Flodden, whose valour is sung in the ballad of Flodden Field. John, eighth Baron, was implicated in the rebellion of the Pilgrimage of Grace, but escaped the death of a traitor. Henry, ninth Baron, had charge of Mary Queen of Scots, at Bolton. Henry, third Baron Scrope, of Masham, was executed for treason, as was also Richard Scrope, Archbishop of York.

The time in which Sir William Scrope, k.g., Earl of Wiltes, and King of the Isle of Man, lived, that of the reign of Richard II., was one of the most eventful in the history of England. Richard, son of the Black Prince, was born in 1367, and succeeded to the throne of his grandfather, Edward III., at ten years of age, in 1377, the government being vested in twelve councillors, his uncles being excluded therefrom. He displayed signs of vigour and ability during the insurrection under Wat Tyler and Jack Straw, when he met the rebels in Smithfield, on which occasion the former was killed by Lord Mayor Walworth; and in his invasion of Scotland, in 1385, when he penetrated as far as Aberdeen, and burnt Edinburgh, Perth, and Dundee; but afterwards he threw himself into the arms of favourites, which excited the jealousy of his uncles, when the Duke of Gloucester was chosen head of the Council, and the parliament, called "wonderful," summoned under his auspices, put two of his favourites to death, and confiscated the property of the rest. When he reached the age of twenty-two he threw off the trammels of guardianship, and for some time ruled his kingdom with justice, but he possessed not the necessary vigour to cope with the turbulent spirits by whom he was surrounded, and still permitted himself to be governed by favourites, of whom Sir William Scrope was one.

Sir William might almost be said to be born a courtier. His father, Richard, first Baron of Bolton; his uncle, Geoffrey, first Baron of Masham; and his maternal uncle, Michael de la Pole, son of a Hull merchant, and created Earl of Suffolk by Richard II., were all foremost men about the Court in military, diplomatic, legislative, judicial, and other capacities. His father was a statesman of rare talent, and resigned his chancellorship in 1380, in consequence of the anger of the young King at his protests against the lavish grants he made to his favourites. Pole, Earl of Suffolk, and De Vere, Duke of Ireland, with Brember, Mayor of London, and Tresilian, were the King's favourites in his early days, but in 1388, Gloucester and the confederated Barons attacked them, compelled the two former to take to flight, and put to death the two latter. After their dispersion, Sir William Scrope became one of the principal advisers and favourites of the King, who loaded him with honours and wealth. He was constituted Seneschal of Acquitaine in 1383; Governor of the town and castle of Cherbourg in 1385; and Governor of Queensborough Castle in the same year; was appointed Vice-Chamberlain of the Household in 1393, and Lord Chamberlain in 1395. He was sent as Ambassador to France to negotiate the marriage of the King, in 1395, and to treat for peace, in 1397. He was nominated Justicier of Chester, North Wales, and Flint, in 1397, and in the same year Surveyor of the Forests in Cheshire. In 1397, he was created Earl of Wiltes; the following year had charge of the castle of Guisnes; and in 1399, was appointed guardian of the realm during the absence of the King in Ireland. He was a faithful servant and attached friend to his master, and laid down his life in his service.

The causes of the deposition and death of Richard were his weak character and his obnoxious mode of government, through favourites and evil advisers, which were accelerated by the ambition and revenge of his cousin Henry, Duke of Hereford, son of John of Gaunt, Duke of Lancaster. The Duke of Hereford had a quarrel with Mowbray, Duke of Norfolk, each accusing the other of treason, and the King consented that the matter should be decided by combat at Coventry, but when the lists were opened and the combatants mounted, lance in hand, ready to commence the fight, the King commanded them to desist, and arbitrarily condemned Norfolk to banishment from the realm for life, and Hereford for ten years, the latter being granted the privilege of taking possession, through his attorney, of any inheritances that might fall to him during his absence. Whilst he was abroad his father, the Duke of Lancaster, died, and the King, in violation of his promise, took possession of his widely-spread lands in Yorkshire and elsewhere, including Leeds, Kippax, Almondbury, and many another manor in the county. Henry, now Duke of Lancaster, had speedy intelligence of this from his attorney, and gathering a few followers together, took shipping for England, and landed at Ravenspurn, in Holderness, at the mouth of the Humber. His ostensible motive in coming to England, and perhaps his real intention, was simply to obtain possession of his inheritance, with, possibly, some vague ideas of vengeance for his banishment. But, as he passed through Yorkshire, he was joined by the Percies and other powerful families, who welcomed him back to England, and the people flocked round his standard, so that when he approached London he found himself at the head of a considerable army, and then he threw off his disguise, and proclaimed that he had come to deliver the kingdom from the evil advisers of the Crown. The King had gone to Ireland to subdue an insurrection, and had left the Earl of Wiltes as guardian of the realm, who, on hearing of the march of Lancaster towards London, fled, with others, to Bristol, hoping to join the King there on his return from Ireland. The Duke followed them thither, laid siege to the castle, "where at length," says Walsingham, "William le Scrope, John Busby, and Henry Grene, were taken prisoners, and they were forthwith, on the morrow, beheaded, at the outcry of the populace." The Duke had now fully resolved upon striking for the Crown, although he was not the legitimate heir, even if Richard were removed, and it was his usurpation which gave rise to the subsequent War of the Roses. In furtherance of his project, he considered it desirable to win over the citizens of London, and in order to conciliate those who were opposed to the favourites, and terrify those who were friendly to the King and his government, he sent thither the heads of Scrope, Busby, and Grene, in a basket, with a letter, in which he said—"I beg of you to let me know if you will be on my side or not, and I care not which, for I have people enough to fight all the world for one day. But take in good part the present I have sent you," etc. This produced the effect he wished for, as the Londoners at once espoused his cause. The King was soon after captured, sent to Pontefract Castle, and there murdered, after a formal deposition; and Henry, with the consent of Parliament, assumed the crown. He called a Parliament together, who, in the first year of his reign, passed an Act of Attainder and Confiscation against the Earl of Wiltes and other of Richard's friends; and it was assumed that the earldom thus became extinct, although legally it only became dormant, and presents one of the most curiously complicated and interesting cases that ever came before the Court of Heralds or the House of Lords, paralleled only, perhaps, in interest by the famous Scrope-Grosvenor heraldic dispute, between Sir Richard Scrope, the Earl's father, and Sir Robert Grosvenor, as to the right to bear "azure a bend or" on their shields of arms, in which 400 witnesses of the highest rank appeared in evidence.

The patent of the Earldom was thus made out:—"We, considering the probity, the wise and provident circumspection, and the illustriousness of manners and birth of our beloved and trusty William le Scrope, Chevalier, and willing deservedly to exalt him by the prerogative of honour, do create him in Parliament to be Earl of Wiltes; and do invest him with the style, name, and honour of the place aforesaid, by the girding of the sword, to have to him and his heirs-male for ever. And in order that the Earl and his heirs aforesaid, for the decency of so great a name and honour, may be the better and the more honourably able to support the burdens incumbent on the same, of our special grace we have given and granted, and by this charter confirm, to the Earl and his heirs aforesaid, £20 to be received every year out of the issues of the county of Wilton, by the hands of the sheriff of the county for ever." The patent was made out in this way, with remainder to his heirs-male, because, although married, he had no issue by whom it might descend lineally, and it would thus pass downward in the family through his collateral heirs, his brothers or their children. In 1859, Simon Thomas Scrope, of Danby, claimed the dormant Earldom, as heir-general of the grantee, on the ground that the attainder was invalid, and the case occupied the consideration of the House of Lords for ten years. In the first place, the question arose whether by "heirs-general," collateral descendants were meant, which was decided in the affirmative, and the claimant then proved to the satisfaction of the House that he was the heir-general. It was then contended that the attainder was invalid, as taking up arms in defence of a reigning Sovereign could not by any possibility be construed into treason; but, on the other hand, it was argued that the attainder was legal, as it was an Act of the first Parliament called by Henry. But it was shown that before Henry's assumption of the crown, whilst the King was in captivity, he made grants of the Earl's lands and goods in the name of the King, using Richard's name and seal for the purpose, as he did also in issuing writs for the summoning of a new Parliament, which were ante-dated so as to appear to have been issued by the King, and this Parliament it was which passed the Act of the Attainder. "This, of course," as Elsynge says, "was entirely illegal, for as the Earl had been illegally executed, without the pretence, or the possibility of a pretence, of any legal charge or lawful trial, there could be nothing to affect the legal rights which devolved upon his heirs, and a murder could hardly create a forfeiture." Further, it was shown that all the attainders of the Parliament of Henry were reversed by the first Parliament of Edward IV., therefore, even if the attainder had been perfectly legal, it became null and void by the subsequent reversal, and consequently the title was now lying dormant, and belonged to the heir-general of Sir William Scrope. This seems to be very simple, clear, and logical, but the Lords of the nineteenth century thought otherwise, and gave their decision that an Act of Parliament of the fourteenth century should be held to be valid, simply because it was an Act of Parliament, even although reversed by a subsequent Act, and that, consequently, the claim could not be admitted. The legitimate heir to the Earldom is, therefore, debarred from enjoying his title. But if the principle which operated adversely to his claim were to be set in motion retrospectively, many a proud coronet, even amongst those who voted against the claim, would fall to the ground.

It has been said by some authorities that Sir William was not the son of Richard, first Baron Scrope of Bolton, but his nephew, and son of Henry, first Baron Scrope of Masham.

He purchased, circa 1393, of William de Montacute, the sovereignty of the Isle of Man, the lord of the island at that time possessing the right of being crowned and styled king, although subject to the King of England.

At the time of the execution of the Earl, his brother Richard was Archbishop of York, who is represented by Walsingham, as having been "a pious and devout man, incomparably learned, of singular integrity, and of a goodly and amiable personage," and was so grieved at the murder of his brother, and so exasperated against the usurper Bolingbroke, that he entered into conspiracy with the Earl of Northumberland, who had been alienated from the King, and had lost his son (Hotspur) at the battle of Shrewsbury, and with Mowbray, Earl of Norfolk, son of the banished Earl, to dethrone King Henry. The standard of revolt, emblazoned with the five wounds of Christ, was raised at Shipton, near York, around which 20,000 Yorkshiremen ranged themselves. The Archbishop imprudently made known his intentions too openly, by fixing papers to church doors, charging the King with usurpation, perjury, sacrilege, and murder; by sending circulars to other counties calling upon the people to take up arms for his dethronement; and preaching three sermons denouncing him as a pseudo King, and a traitor to his sovereign. The King, of course, soon heard of these proceedings, and sent Prince John, afterwards Duke of Bedford, and the Earl of Westmoreland, with 30,000 men, to put down the insurrection. They found the conspirators so securely entrenched in the forest of Galtres that they deemed it most prudent to resort to a stratagem. By means of flattery and false promises they allured the Archbishop from his shelter, and immediately arrested him for high treason, taking him first to Pontefract and then to Bishopthorpe. The King directed the famous Judge Gascoigne to try and sentence him, who refused, saying that a Peer must be tried by his Peers. Judge Fulthorpe, who was less scrupulous, was then appointed, and, with scarcely the formality of a trial, condemned him to death. "Presently after, he was set upon an ill-favoured jade, his face towards its tail, and was carried with great scorn to a field hard by, where his head was stricken off by a fellow that did his office very ill, not being able to decapitate with less than five strokes." He was looked upon as a martyr by the people, who flocked in crowds to pray at his tomb and place of execution, which was forbidden by the King by proclamation, and the Pope excommunicated all who were concerned in his death. (See "The Loyal Martyr, 1722." Maydestone's "History of the Martyrdom of Archbishop Scrope." "A Narrative of the Decollation of Archbishop Scrope, by Thos. Gascoigne, d.d.," in MS. in the Bod. Lib.; and "A Declaration of Archbishop Scrope against the Government of Henry IV." in Ang. Sec., vol. 2.)


                                                                                                                                                                                                                                                                                                           

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