was even appointed prince of Wales. The duke of
Clarence had received much such another declaration
in his favour during the short restoration of Henry.
What temptations were these precedents to an affronted
prince! We shall see soon what encouragement they
gave him to examine closely into his nephew’s
pretensions; and how imprudent it was in the queen
to provoke Gloucester, when her very existence as
queen was liable to strong objections. Nor ought
the subsequent executions of Lord Rivers, Lord Richard
Grey, and of Lord Hastings himself, to be considered
in so very strong a light, as they would appear in,
if acted in modern times. During the wars of
York and Lancaster, no forms of trial had been observed.
Not only peers taken in battle had been put to death
without process; but whoever, though not in arms,
was made prisoner by the victorious party, underwent
the same fate; as was the case of Tiptoft earl of
Worcester, who had fled and was taken in disguise.
Trials had never been used with any degree of strictness,
as at present; and though Richard was pursued and
killed as an usurper, the Solomon that succeeded him,
was not a jot-less a tyrant. Henry the Eighth
was still less of a temper to give greater latitude
to the laws. In fact, little ceremony or judicial
proceeding was observed on trials, till the reign
of Elizabeth, who, though decried of late for her
despotism, in order to give some shadow of countenance
to the tyranny of the Stuarts, was the first of our
princes, under whom any gravity or equity was allowed
in cases of treason. To judge impartially therefore,
we ought to recall the temper and manners of the times
we read of. It is shocking to eat our enemies:
but it is not so shocking in an Iroquois, as it would
be in the king of Prussia. And this is all I
contend for, that the crimes of Richard, which he
really committed, at least which we have reason to
believe he committed, were more the crimes of the
age than of the man; and except these executions of
Rivers, Grey, and Hastings, I defy any body to prove
one other of those charged to his account, from any
good authority.
(8) Grafton says, “and in effect every one as
he was neerest of kinne unto the queene, so was he
planted nere about the prince,” p. 761; and
again, p. 762, “the duke of Gloucester understanding
that the lordes, which were about the king, entended
to bring him up to his coronation, accompanied with
such power of their friendes, that it should be hard
for him, to bring his purpose to passe, without gatherying
and assemble of people, and in maner of open war,”
&c. in the same place it appears, that the argument
used to dissuade the queen from employing force, was,
that it would be a breach of the accommodation made
by the late king between her relations and the great
lords; and so undoubtedly it was; and though they
are accused of violating the peace, it is plain that
the queen’s insincerity had been at least equal
to theirs, and that the infringement of the reconciliation
commenced on her side.