Duke Richard of York's intentions in I450 and the origins of the wars of the roses

The return of Richard, duke of York, from Ireland in 1450 represents his first overt attempt to remedy certain grievances. His criticism of the Lancastrian régime eventually brought him leadership in the Wars of the Roses. The grivances of 1450 are contained in two bills addressed to Henry VI. At first, the duke harboured personal grievances — fear of attainder and having his claim to the throne bypassed, resentment at his counsel being ignored and his debts unpaid — which were exaguerated by unsertainty and the king's readiness to believe the worst. Richards apreciation of the widespread hostility towards the government and the disarray of the king's Household after Suffolk's murder enabled him to convert grievances into public criticisms in his second bill. He encouraged investigations into official oppression in southeastern England, and his supporters may have stimulated risings there to demonstrate support for him. Compared with Henry's nervous reaction to York's first bill, he firmly checkmated the pretensions of the second, and Yorks achievement in 1450 was limited. But he had taken a first step towards appealing for support by converting personal grievances into a general bid for sympathy. Whether he aid so for personal or public motives — or both — remains an open question.     

Patronage of the poetic Mélusine romance: Guillaume l’Archevêque’s confrontation with dynastic crisis

In 1400 Guillaume l’Archevêque, the lord of Parthenay, commissioned the Roman de Parthenay (RP), a poetic ancestral romance affirming his family’s descent from Mélusine, the mythic fairy-serpentine matriarch of the Poitevin Lusignan dynasty. Prevailing scholarship holds that Guillaume’s commission was a political response to the earlier patronage of a prose Mélusine romance by Jean, duke of Berry, c. 1392. According to this view, Guillaume was an English partisan who sought to counter the French claims to Poitevin territories embedded in Berry’s romance with a text that proclaimed his own (and therefore English) rights to lands in central France. After exploring textual and historical evidence for this conventional view, the paper argues that clues to understanding Guillaume’s patronage lie in an analytical comparison of passages in the RP with the specific dynastic circumstances confronting l’Archevêque at the end of the fourteenth century. Examination of the romance in conjunction with evidence provided by feudal, financial, and legal sources suggests that Guillaume’s literary patronage was motivated not by contemporary affairs of state but by his anxieties about the imminent extinction of the Parthenay dynasty.     

Duke Richard of York's intentions in I450 and the origins of the wars of the roses

The return of Richard, duke of York, from Ireland in 1450 represents his first overt attempt to remedy certain grievances. His criticism of the Lancastrian régime eventually brought him leadership in the Wars of the Roses. The grivances of 1450 are contained in two bills addressed to Henry VI. At first, the duke harboured personal grievances — fear of attainder and having his claim to the throne bypassed, resentment at his counsel being ignored and his debts unpaid — which were exaguerated by unsertainty and the king's readiness to believe the worst. Richards apreciation of the widespread hostility towards the government and the disarray of the king's Household after Suffolk's murder enabled him to convert grievances into public criticisms in his second bill. He encouraged investigations into official oppression in southeastern England, and his supporters may have stimulated risings there to demonstrate support for him. Compared with Henry's nervous reaction to York's first bill, he firmly checkmated the pretensions of the second, and Yorks achievement in 1450 was limited. But he had taken a first step towards appealing for support by converting personal grievances into a general bid for sympathy. Whether he aid so for personal or public motives — or both — remains an open question.     

Walter Taylor and the history of American archaeology

Walter Taylor’s place in the history of archaeology is well secured. Not only is he noted for his uncredited anticipation of the theoretical and methodological innovations of the 1960s and 1970s in his infamous book A Study of Archeology, but he is also well-known for committing professional suicide by short-sightedly attacking numerous key figures in American archaeology for their methodological shortfalls, and yet never publishing a report utilizing his controversial method. Although these statements have inundated the historical literature on American archaeology, they are received wisdom rather than the reality of Taylor’s contributions to the field. Many aspects of Taylor’s conjunctive approach were at odds with the stated aims of processual archaeology. Although Taylor did not live up to his critics’ (or his own) demands for a grand display of his approach, he did on several occasions demonstrate its potential. The irony of Taylor in the history of archaeology is not that he was uncredited for his prescience or that his attacks on the archaeological establishment were a naïve failure; but rather that he receives too much credit for what he didn’t do, and not enough for what he did.     

James Madison,Justice Scalia,and Constitutional Interpretation

James Madison (1751–1836), so-called “Father of the Constitution,” held consistently throughout his long public career to a version of textualism regarding constitutional interpretation. It is surprising that for the author of the authoritative notes of the Federal Convention, Madison downplayed altogether the original intent of the constitutional Framers. From 1796 until his death Madison insisted that if constitutional meaning was to be searched for outside the text, the relevant sources to consult were ratifying conventions of the states, and “other public indications” at the time of ratification. In today's parlance Madison adopted a “fair-meaning textualism” method of constitutional interpretation and rejected the “original intent” jurisprudence favored by some modern-day commentators. This textualism appears to have been the method followed by the late Justice Antonin Scalia. Madison also believed in a living Constitution–one that had life and validity breathed into it by the ratifiers, and hence the people, not by its Framers.     

‘Chatham's Ghost’ and the Enduring Spectre of Lord Bute's Secret Influence: A Political Negotiation of 1778

Hints about the rise, fall, and reformulations of ministries were common currency in 18th‐century British political rhetoric. However, in 1778, chief among such rumours were three purported negotiations between the earls of Bute and Chatham, aimed at bringing one or both of them into administration. So damaging were these rumours to the political legacies of both individuals and their families, however, that they resorted to a ‘press war’ in order to absolve their respective kinsmen of any involvement. Drawing on previously neglected sources, this work examines these negotiations of 1778 and the subsequent press war in order to highlight the longevity, potency, and significance of the myth of Lord Bute's secret influence 15 years after his resignation from high office. In doing so, this work seeks to correct the common narrative that Lord Bute ceased to be a potent political symbol for constitutional issues following the publication of Edmund Burke's Thoughts on the Cause of the Present Discontents in 1770. Far from being merely an anomalous and spontaneous revival of ill‐sentiments towards Lord Bute, this episode should be seen as a flashpoint in a process of vilification and traducement of the Scottish earl that had never, in fact, ceased and was symptomatic of the continuation of symbolic, or hieroglyphic, depictions of arguments concerning the significant constitutional issues which had been raised by Bute's political presence since the accession of George III.     

Edwardian Conservatism and the Constitution: The Thought of Lord Hugh Cecil

This article presents an analysis of the political thought of Lord Hugh Cecil. It argues that in order to understand Cecil's thought it is necessary to emphasize the role of the constitution in his thinking. There are three reasons for this. First, his opposition to Chamberlain's tariff reform campaign was rooted in a view of the detrimental effects the policy would have on politics, evidence for which Cecil saw in the tactics used by the tariff reformers. Second, because his opposition to the Parliament Bill and to the home rule proposals, which lay behind the removal of the house of lords' veto, was similarly rooted in what he saw as the unconstitutional nature of these measures. Third, because Cecil was an active proponent of constitutional reforms that were designed to ensure that the second chamber could still exercise a restraining influence on government and so stand up for the interests of what he saw as the moderate majority of the people.     

Land,citizenship and the consolidation of constitutional democracy in Southern Africa

This review article discusses recent books on land reform and its implications for racial reconciliation and constitutional democracy in formerly white‐ruled states in Southern Africa. It is argued that President Mugabe's opportunistic use of the land issue in his power struggle with his domestic opposition—and propaganda warfare with his international critics—should not obscure the symbolic and material importance of Zimbabwe's highly unequal land ownership. Moreover, Mugabe's militant stance is having resonance in neighbouring South Africa and Namibia, where the racially skewed ownership of land—and other resources—could also become sites of struggle that, as in Zimbabwe, threaten not only economic growth, but also the construction of a broad (non‐racial) citizenship and the consolidation of constitutional democracy. Such a chain of events is also likely to have adverse consequences for western–African relations.     

‘Eternity's commissioner’: Thomas Carlyle,the Great Irish Famine and the geopolitics of travel

In 1846 and again in 1849 the Scottish born historian and social critic, Thomas Carlyle, travelled Ireland accompanied by the Irish nationalist Charles Gavan Duffy. Significantly, these dates profile the beginning and the deadly culmination of the Great Irish Famine. It is somewhat surprising, therefore, that Carlyle's published memoirs of his travels and his various pamphlets on Ireland have merited little scholarly attention. As well as addressing this oversight this paper attempts to place Carlyle's travel writing within the ideological contours of the Great Famine and, to this end, I outline a specific example of what I call the ‘geopolitics of travel’. Principally this paper offers an empirical and theoretical analysis of how powerful political rationalities are produced at the ‘contact zone’ of two cultures. I consider Carlyle's shift from being a critic of laissez-faire to being a defender of property and argue that this parallels his propensity to qualify what amounts to human value through environmental and racial readings of the Famine. Finally, I briefly suggest that such calculations take us into the domain of ‘governmentality’ and capitalist political economy, perhaps the two most powerful forces directing the course of the Irish Famine.     

“The true principles of government”: William Henry Harrison and the Whig counter-revolution

Beyond his military exploits on the frontier, William Henry Harrison is best remembered as the president who died a month after taking office. Discussions of his presidency frequently focus on the ephemeral, such as the fatal illness he contracted while delivering his inaugural address – the longest ever – in the bitter cold. The address itself, one of the most unusual state papers in U.S. history, has largely escaped the serious notice of historians, political scientists, and legal scholars. Harrison proposed nothing short of a constitutional revolution that would have reduced the chief executive to a mere figurehead. This paper explores the many peculiarities of Harrison's address, including the Whig theory of the presidency, a radical and overlooked innovation that aimed to fundamentally alter the role of the chief executive in the constitutional order. A close reading of Harrison's inaugural and brief tenure as president also reveals a number of factual errors and interpretative missteps made by leading scholars of the period.     

Sir Ivor Jennings and the Malayan Constitution

This article examines the role of the British jurist, Sir Ivor Jennings, in the drafting of the Malayan independence constitution. Jennings was part of a five-man constitutional commission appointed in 1956 and led by the Scottish lord of appeal, Lord Reid. Unlike other such commissions, but at the request of Malaya's chief minister, its members were selected from a range of Commonwealth countries. The article discusses the principles which shaped the final document as well as the process of drafting, and argues that, while the constitution was the collective effort of five distinguished lawyers, Jennings' contributions were significantly greater. His working papers on governance served as the basis for the commission's discussion and his influence is most discernible in the provisions relating to the distribution of legislative and financial powers between the federal government and the states and in the section on fundamental liberties. This article concludes that Jennings not only provided the intellectual leadership for the Reid Commission but was also the master draftsman of the new constitution.     

Debt Cancellation in the Classical and Hellenistic Poleis: Between Demagogy and Crisis Management

Abstract

This article discusses the way the ancient Greeks dealt with public and private debts, focusing on one specific aspect: debt cancellation. On the one hand, ancient Greeks were aware of the risks entailed in debt relief as a tool for fuelling civic strife: sources describe it as a demagogic or even criminal action often in association with the political agenda of tyrants. On the other hand, however, Greeks knew well also the benefic effects of debt cancellation in coping with financial and political crisis. In late accounts of archaic history, debt relief is the solution to civic strife and the foundation act of political order. Some public decrees of the Hellenistic period attest debt relief as a communal decision of the polis, dictated by the necessity of preventing or solving ongoing or imminent crises. This second meaning and purpose of debt cancellation should perhaps urge us to reconsider from a different perspective the “politics of debt” in today’s Europe.     

Sentire Cum Brownsone: “Brownson’s Political Philosophy,Republican and Christian”

Abstract

Sentire cum Brownsone provides an exposition of the political philosophy of Orestes Brownson (1803–1876). Negatively, his disagreements with modern social contract theory and its underlying anthropology are laid out, while positively, his key concepts – the unwritten constitution, territorial democracy, and the American Republic – are unpacked. His thinking about the complex relationship between Christianity and America's constitutional order is also highlighted.     

Justice Breyer's Constitutional Jurisprudence: Active Liberty and Pragmatism

This analysis of Associate Justice Stephen Breyer's jurisprudence proceeds from his first book devoted to this subject, Active Liberty, a term he derives from Benjamin Constant and that Breyer defines as participatory democracy. Active Liberty and two subsequent books, as well as numerous off-bench writings, explain his jurisprudence of pragmatism, an approach he contrasts with originalism. This article addresses three general questions: Is Breyer's jurisprudence, founded on active liberty and pragmatism, fundamentally consistent with the design of the Constitution? Does his jurisprudence support his opinions in the constitutional decisions examined, a number of which are also treated in his books and articles? In a system that is designed to empower and to limit government, do his jurisprudence and judicial decisions constrain judges? This last question is especially important because of Breyer's thesis “that courts should take greater account of the Constitution's democratic nature when they interpret constitutional and statutory texts.” Breyer believes that his theory of active liberty ameliorates the democratic anomaly between a system “based on representation and accountability” that at the same time entrusts “final or near-final” authority to unelected judges who are insulated from public opinion.     

Integration and Disintegration: The Attempted Incorporation of Malta into the United Kingdom in the 1950s

Existing interpretations stress that challenges to British interests elsewhere in the Mediterranean were central to Britain's initial support for Maltese incorporation into the United Kingdom. Through a close examination of official British records, this article demonstrates, by contrast, that Britain saw integration primarily as a means of solving the complex constitutional and financial problems which had impeded smooth Anglo-Maltese relations since the restoration of responsible government in 1947. Equally, the waning of British enthusiasm for integration can be traced to concerns about the costs of the scheme, especially in the face of Maltese insistence on ‘economic equivalence’, rather than to any downgrading of Malta's importance in the wake of the 1956 Suez debacle. The Maltese premier Dom Mintoff's insistence on equivalence as the price of integration and Britain's equal determination to resist such claims provide the key to explaining the scheme's demise. Ultimately, Malta followed a more conventional path to independence within the Commonwealth by September 1964.     

Criticism of Henry II's expedition to Ireland in William of Canterbury's miracles of St Thomas Becket

The long collection of miracles of St Thomas Becket written by William, a monk of Christ Church, Canterbury, between 1172 and c.1179 is, like many other examples of the genre, a rich source for attitudes towards sanctity, relics, and pilgrimage. A far more unusual feature of William's text is the author's criticism of the recent English presence in Ireland. William's comments on this score amount to a loaded stretching of the normal parameters of his textual medium, resulting in an evaluative engagement with current affairs of the sort that we would more normally associate with reflective forms of history-writing. William's criticism focused in particular upon the expedition to Ireland undertaken by King Henry II (October 1171–April 1172), inverting the very rhetoric that Henry had used to justify his Irish adventure. William was not himself Irish, as has sometimes been supposed, nor was he registering his institution's frustrations about its exclusion from the new ecclesiastical order in Ireland, as might be implied by the traditional but questionable ‘Canterbury plot’ interpretation of the much-debated papal bull Laudabiliter. Instead, William was skilfully engaging with current debates about the rectitude of Henry II's Irish expedition, and more broadly contesting emerging prejudices about England's ‘uncultivated’ neighbours, in order to effect a subtle critique of the king's involvement in Becket's murder.     

History in Journalism and Journalism in History: Anthony Lewis and the Watergate Crisis

Let me plunge right into a Lewis column to convey his marvelous craft in weaving the past into a contemporary moment. This one is from July 8, 1974. The column is about the oral argument before the Supreme Court in the Executive Privilege case, which was to enter the constitutional canon as United States v. Nixon . ¹ Lewis writes as both eyewitness and commentator. He begins with constitutional history by invoking the legendary case of Marbury v. Madison :     

‘Taken captive by the mystery of the Great River’: towards an historical geography of British geography and Atlantic slavery

By examining the case of James MacQueen (1778–1870), this paper initiates a research agenda that contributes to what David N. Livingstone has argued remains the most pressing task for historians of geography: to write ‘the historical geography of geography’. Born in Scotland in 1778, MacQueen was one of the many ‘arm-chair’ geographers whose efforts at synthesising contemporary and historical sources were a significant feature of the encounter between Europe and the rest of the world. Indeed, although he never visited Africa, his speculations about the course and termination of the River Niger turned out to be broadly correct. What makes MacQueen a particularly significant figure was the original source of his theory: enslaved Africans in a Caribbean plantation-colony. In this light, a remark that MacQueen's imagination was ‘taken captive by the mystery of the Great River’ carries a dark double-meaning, because ‘captive’ knowledge was the very source of MacQueen's interest in African geography. Beginning with MacQueen's time in Grenada, the paper explores a series of personal relations, textual traces and West African ethno-histories to reveal how his geographical knowledge and expertise were bound up with Atlantic slavery. This shows not only how the colonial economy, centred on the Caribbean, underwrote the production of geographical knowledge about Africa, but also how British geographical discourse and practice might be probed for traces of Atlantic slavery and enslaved African lives. More generally, the case of James MacQueen illuminates a broader field of relationships between Atlantic slavery, West African exploration, and the development of modern British geography in the late eighteenth and first half of the nineteenth centuries. Examining these relationships is key to writing a ‘historical geography of British geography and Atlantic slavery’ and contributes to postcolonial histories of the discipline by revealing the tangled relationships that bound geography and slavery, knowledge and subjugation, that which ‘captivates’ and those held ‘captive’.     

Revisiting Dred Scott: Prudence,Providence, and the Limits of Constitutional Statesmanship

Abstract

After the Dred Scott decision in 1857, Abraham Lincoln embarked on a public campaign to prevent the expansion of slavery in the federal territories. Lincoln's opposition to Dred Scott was, however, bound up with a certain theoretical orientation that is often rejected in the general milieu of modern constitutional theory. Within the context of two recent revisionist accounts of slavery and American constitutionalism, I argue that our retrospective evaluations of the sixteenth president's statesmanship must enter into a deeper engagement with Lincoln's attachment to natural law and his theological interpretation of the Civil War.     

George Washington and the Building of the Constitution: Presidential Interpretation and Constitutional Development

As first president, George Washington was in an historically unique position to shape the forms and customs of the newly-ratified Federal Constitution. Unlike most previous accounts of his presidency that focus on Washington's symbolic contributions, this essay suggests that he had a very clear substantive constitutional agenda–an agenda which he consciously sought to shape. Specifically, Washington attempted to graft his own views of separation of powers, executive privilege, federalism, and the rule of law on to the Constitution. More of the “original formsrdquo; of the Constitution, then, bear Washington's distinctive mark than heretofore thought.