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Historic Doubts on the Life and Reign of King Richard the Third by Horace Walpole
page 31 of 115 (26%)
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.

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