1458–1459
From 1457 Salisbury had to compete with Lancastrian loyalists in the north for authority. G. L. Harriss argues that their positions were deliberately augmented by the crown in order to counteract Salisbury; the main beneficiaries of this policy were the new Earl of Northumberland, the new Bishop of Durham and the Nevilles of Brancepeth. Salisbury still undertook royal service, for instance, in May 1458, being part of the embassy that undertook negotiations with the Duke of Burgundy. The same months he attended the reconvened Great Council of November 1457. Salisbury arrived with 500 armed men, which was 100 more than York, which, as Griffiths comments, must have been "an unnerving prospect for the city authorities".
By November Salisbury had decided to throw in his lot with York. He summoned his council to Middleham when it was later recorded, they decided to "to take full part with the full noble prince, the Duke of York". This suggests that military action was expected and may have been in response to a direct plea from the Duke to Salisbury.
On 10 May 1458, the King ordered his household to arm itself for a period of two months' service in the West Midlands. Thirteen days later, a Great Council convened in Coventry, from which Salisbury, York and Warwick were absent. Hicks suggests that they did so with either knowledge or suspicion that they would be charged with (probably treasonous) offences. In the event, nothing appears to have come of this council, as many lords—not just those sympathetic to York and the Nevilles—were also absent. However, Pollard suggests that it was this council that persuaded Salisbury to take the initiative and mobilise.
Salisbury passed the summer of 1459 in York, and in May he dictated his will. In September he gathered his northern tenantry and planned to join with York's force in Ludlow, alongside Warwick and the Calais garrison, who were probably expected later. Although lacking the large number of peers that the King could count among his support, the Yorkists' experienced troops meant that, according to Pollard, "two sides were not as ill-matched as a roll call of peers would suggest". He gathered men from Cumberland, Lancashire, and Yorkshire, and received support from leading local families such as the Stanleys—one of whom, William Stanley, provided Stanley with reinforcements—Harringtons, Conyers, Pickering and Parr. He probably had between 2,000 and 5,000 men—on what Pollard has described as "the journey that ended in disaster at Ludford"—he departed Middleham Castle. His wife and two sons accompanied him. Mustering his forces at Boroughbridge, Salisbury's intended route is now "obscured by effective royal countermeasures", says Hicks. The Earl was forced by the presence of the royal court at Kenilworth Castle to avoid Warwick's West Midlands heartlands which should have provided further opportunities for recruitment. This also forced him to travel via Cheshire where he only narrowly avoided an ambush on 21 September at Coleshill.
The size of Salisbury's force is difficult to ascertain. The later act of attainder speaks of him having 5,000 men, whereas Yorkist chronicles emphasise the small size of his force to the extent that it was vastly out-numbered by the royal army led by Lords Audley and Dudley. They probably led around 10,000 men; they may have outnumbered Salisbury by three to one. This, in turn, was only a portion of the royal force as a whole. The battle lasted around four hours, between one and five o'clock in the afternoon. Salisbury "enjoyed the advantage of fighting on the defensive", says Robin Neillands, and, aligned along a brook, Audley was forced to attack uphill: "easy prey to the sweeping arrows of Salisbury's archers", comments Neillands. Although Salisbury won the encounter, in which Audley was killed, the immediate repercussions were that he was the first to be demonstratively guilty of treason and was thus excluded from all subsequent offers of pardon by the King. It may be that, while Salisbury's army comprised seasoned soldiers from the West March, the royal army may have contained "particularly green troops"; Audley himself was 59 years old, and, while he had gained much military experience in France, he had not fought since 1431. E. F. Jacob speculates that around 500 of them defected to Salisbury's army. Pollard has described Salisbury's victory as "bloody and pyrrhic", as although he won the day, he arrived in Ludlow with a depleted army.. He also arrived without his two sons, Thomas and John, who had been captured on the Nantwich–Tarporley road following the battle. They may have been captured while in pursuit of the defeated Lancastrian army and gone too far. Goodman suggests that their loss "jeopardised their father's enterprise" by forcing him to linger longer at Market Drayton than he would otherwise have done. While there, Salisbury received a letter from Thomas Stanley explaining how Stanley had been summoned to ride with the King but would continue to give the Earl "secret support". Stanley, says Colin Richmond, demonstrated a skill in "taking up arms and not using them"; although he hovered near the battlefield, he did not join it, and the next day sent a letter of congratulations to the earl, which nonetheless provided no material support and, says John Gillingham, left Salisbury "still in an awkward position" strategically even after his victory, which was, says Rowney, in any case short-lived.
Salisbury arrived in Ludlow on 25 September. On 10 October, Salisbury, York and Warwick sealed a tripartite indenture in Worcester Cathedral. Its contents are now lost, but Grummitt speculates that by this document the Duke and the two Earls bound themselves together against their enemies "saving their allegiance to the King". Having received the sacrements, Salisbury and his colleagues made an oath of loyalty to the King. They offered to attend him at Leominster and repeated the Yorkist claims from years before against the presence of traitors in the King's midst, poisoning Henry's mind against loyal subjects and wasting the royal estate. York and the Nevilles demanded that Henry put these advisors aside and return to the traditional model of government by the advice of his greatest lords, meaning themselves. The King offered them pardon, again, but the lords in Ludlow rejected the offer as it explicitly excluded Salisbury.
The King marched on Ludlow with a much larger force than the Yorkists had counted on; outnumbered, and with their battle plans known to the Lancastrian leaders, they fled Ludford on the night of the 12th/13 October.
On 20 Nov 1459, parliament convened in Coventry. Salisbury and York were attainted for treason. Traditionally, those condemned of treason lost the estates they held in fee simple, but not that which was entailed for their wives or heirs. The Coventry Parliament–later known as the Parliament of Devils–deemed that the sin of treason was classed as so great that the heirs should suffer the sins of the father, and that the culprits' very blood was treasonous "not only were their lands forfeit, but they could not even be inherited by their heirs even if entailed on them". The attainder claims that the Yorkists were attempting to ambush the King at Kenilworth in a similar strategy to that they used at St Albans. It also questioned Salisbury's motives, claiming greed rather than principle: the Earl it was recorded, "had been given lavish gifts by the King, but had lusted for more". Salisbury's estates were taken into the King's hands, but almost immediately granted to Sir Ralph Grey, a cousin of the Earl's. Other of Salisbury's lands were given to John, Lord Neville, brother of the Earl of Westmorland.
Alice was subsequently alleged to have been engaged in domestic treasonous activity by 1 August 1459. There "may be some truth in this", argues Paul Johnson, as around this time the Neville bailiff of Bawtry was accused of inciting his colleagues to treasonable acts. Alice's attainder accused her of "imagining and compassing the King's death and also of stirring and provoking" her menfolk into rebellion. A letter from Salisbury to Queen Margaret still exists in which he denies allegations of treason, and it can most probably be dated from 1459. The Earl does not specify the precise nature of these accusations, merely denying both treasonous speech and thought and refuting the suggestion that Warwick or York had done likewise ("but doubtless they would deny it themselves").