This is a point which should be clearly understood. It must be borne in mind that we have certain fixed dates. Hastings was certainly arrested on June 13. It is also certain that Thursday, June 26, was the date of Richard's accession: it is fixed by the year book. Dr. Shaw's sermon was preached on the previous Sunday, that is June 22. Fabyan, as well as Stallworthe, tells us that the execution of Hastings took place on the previous Friday. These are fixed beacons, and will lead us to the truth. They will also enable us to detect the false lights thrown out by Morton and Fabyan. They both knew the truth well, but they had to manipulate the dates so as to make it appear that Hastings was executed on the 13th. It must be borne in mind that, on Fabyan's own showing, the execution took place on the Friday before Shaw's sermon was preached.
In order to give a plausible appearance to the assertion that Hastings was beheaded on the 13th, Fabyan tried to get rid of the week between the 13th and the 20th. He thought he was bound to recognise the fact that the execution was on the Friday before Shaw's sermon, so he brought the sermon back a week too. But Shaw's sermon was well known to have been preached on the Sunday before the accession. So he had to move back the accession also, and he placed it on June 20. Here Fabyan's dishonesty is detected, for the 20th was not a Thursday, and that the 26th was the date of the accession is beyond dispute.
Morton was, of course, in the same difficulty as regards his dates. But he was far better practised in the manipulation of evidence. Such an old hand would commit himself to dates as little as possible. He would fear them as a thief fears a detective. He gives only one, and he selects the right day of the week, which Fabyan did not. But this is quite enough to convict him. He chose the 19th for the day of Richard's accession with the very same object as Fabyan, to get rid of the gap between the 13th and the 20th; well knowing that the right date for the accession was the 26th.
We can now perceive the truth, both through the direct testimony of Stallworthe and through the detection of the dishonesty of Morton and Fabyan. Lord Hastings was arrested on June 13 on a charge of treason, tried and sentenced. He was executed, after a decent interval, on Friday, June 20. The admission of Morton that a proclamation was issued, announcing the details of the Hastings-Woodville conspiracy, is important. This document, and all others relating to the business, were destroyed in the same way as the Act of Parliament recording Richard's title was destroyed. The object of making away with the Act was to conceal the truth. The disappearance of all documents relating to the execution of Hastings can only be explained in the same way.
But what must we think of Morton and Fabyan, who are thus proved to have been guilty of such a fraud? Their evidence against Richard, on all other points, must be held to be utterly worthless.
Trial of Rivers
The trial of Lord Rivers, with Grey, Vaughan and Haute, followed on that of Hastings. They had been charged with treasonable designs, immediately after the death of King Edward, on the very clearest evidence. But the long delay in bringing them to trial justifies the belief that their capital punishment was not intended, if fresh charges had not been brought against them, arising out of the Hastings conspiracy. Morton brings forward the same accusation in their case, and he gives a false date for their execution. He would have us believe that Rivers and his companions were also put to death 'without so much as the formality of a trial.' So he appears to have told the second Croyland monk. But his untruthfulness is exposed by the evidence of another Tudor witness. Rous inadvertently let out the truth, not knowing there was any reason for concealing it. He certainly did not do so out of any good will for King Richard. There was a trial and the Earl of Northumberland presided at it. He was not the sole judge, but the President acting with other judges.[[17]] He probably sat as a Commissioner to execute the office of Lord Steward, with a jury of northern Peers, to try Rivers. Morton falsified the date of the executions, making them earlier by twelve days. One object of this falsification has already been pointed out. It also served to indicate such haste in the executions as would make the absence of any trial appear probable.
The overt acts of Rivers and his associates show that their condemnation was just; and their punishment was necessary for the safety and tranquillity of the country. It was a righteous retribution for the death of Clarence, by whose fall the Woodvilles had so largely profited.
Morton next proceeds to falsify the title of King Richard III. to the crown. This point is of great importance and merits close attention. The statement of Richard's title to the crown was drawn up, and adopted by the Lords Spiritual and Temporal and Commons, after considering all the evidence between June 8 and 25. The document was afterwards embodied in an Act of Parliament entitled the 'Titulus Regius,' with which the writers employed by Henry VII. must have been well acquainted. When Henry came to the throne, he ordered this Act to be repealed without quoting the preamble, with a view to its purport being concealed. He caused it to be destroyed, and threatened any one who kept a copy with fine and imprisonment during his pleasure. The reason he gave for this was that 'all things in the said Act may be forgot.' In spite of this threat the truth was told by the Croyland monk, but his chronicle remained in manuscript, and he was not found out. Henry's conduct affords a strong presumption that the title was valid. But he did more. He granted an illusory pardon to Bishop Stillington, who was the principal witness to the truth of the main statement in the 'Titulus Regius.' This was done with the object of keeping silence on the subject of his real offence, which was telling the truth. Henry then arrested him on another trumped up charge, and kept him in close and solitary imprisonment in Windsor Castle until his death in June 1491.
These proceedings show the immense importance attached by Henry VII. to a suppression of the truth relating to Richard's title to the crown. It is certain that if the alleged previous contract with Lady Eleanor Butler was false, the falsehood would have been eagerly exposed, and there would have been no occasion to invent any other story. On the other hand, if the alleged previous contract was true, the evidence would have been suppressed and another story would have been invented and promulgated. The evidence was suppressed, and a different tale was put forward. The conclusion is inevitable that the previous contract of Edward IV. with Lady Eleanor Butler was a fact.