Page:Cassell's Illustrated History of England vol 1.djvu/620

606 But the judges objected that they were judges, not advocates; that it was their business not to produce arguments, but merely to decide on such as were advanced. They declared this to be a case above the law, and only to be decided by the high court of Parliament. The Lords then called upon the king's serjeants and attorneys, who also endeavoured to escape from the dangerous task, but were not permitted, their office being, in reality, to give advice to the crown.

Edward IV.

The Peers then proceeded to the discussion of this great question. They objected to York's claims, that he had really renounced any right given him by descent, by repeatedly swearing fealty to Henry; that the many acts of Parliament passed to sanction the right of the house of Lancaster themselves were sufficient, and had authority to defeat any measure of title; that the duke bore the arms of Edmund, the fifth son of Edward III., and not those of Lionel, the third son, from whom he claimed, showing that he himself held that to be his true descent. York replied to all those arguments, but especially to that wherein he knew the main force to lie, the effect of his own oaths. This he declared nugatory, inasmuch as those oaths were of necessity and constraint, and, therefore, acknowledged by all men in all ages to be utterly void.

The result was that the Lords came to the conclusion which the power of outward circumstances rather than their real convictions dictated.

They attempted a compromise, which, had Henry had no issue, might have succeeded, but which, as it went to disinherit the son of Henry, and much more the son of Margaret, was certain to produce fresh conflicts. The queen, whose resolute spirit would have been worthy of all admiration, had it been accompanied by a spirit of liberality and conciliation, was sure never to acquiesce in the rejection of her own son while she could move a limb, or raise a soldier. The verdict of the Lords was that York's claim was just, but should not take effect during the lifetime of the present king. The decision of the Peers was accepted by York and his two sons Marche and Rutland, who swore not to