The Yorkist Council, Justice and Public Order: The Case of Straunge Versus Kynaston

Abstract

The activities of the Yorkist council in administration are now known to have been much more extensive than Professor J. F. Baldwin, the author of the classic work on the subject, was prepared to allow. Nor can his account of its judicial work be considered definitive though, so far, this has not been investigated to the same extent as the council's administrative activities. In discussing the judicial effectiveness of the council Baldwin stated that its efforts to suppress disorder were conspicuously unsuccessful in the 1460s (by implication in contrast with earlier successes), and that even though there was a change for the better after 1468 “as regards rioters its administration was anything but vigorous or efficient.” He failed to find a single example of a prominent offender who was ever punished. In spite of this, however, he was somewhat puzzled to note a growing demand for conciliar justice towards the end of Edward IV s reign; a demand which grew to such an extent that under Richard III a clerk was specially paid to deal with the bills, requests and supplications of poor men.This view of the council's judicial work was based in the main on two things—a belief that until 1468 commissions of arrest, in the majority of cases, were ordered to bring offenders before the chancellor not the council and on the case of Lord Straunge v. Roger Kynaston which Professor Baldwin alleged exposed “the weakness of the council to an extent that is well-nigh incredible.