THomas Mercks the Bishop of Carlile, a man that used both liberty and constancie in a good cause; in his private judgement, having never allowed these proceedings, but dissembled his dislike, till fit time to declare it, being in a place to be heard, and by the order of the House, not to be inter­rupted of any, rose up, and with a grave countenance, and set­led courage, said; This Question (right Honourable) con­cerneth a matter of great consequence and weight, the deter­mining whereof will assuredly procure either quiet or tur­moyle, both to the publike State, and our particular conscien­ces. Therefore before any resolution thereof be given, I be­seech you to take into your more serious consideration, these two things: First, whether King Richard be sufficiently de­posed or not: Secondly, whether King Henry be by Instice and good advisement seated in the Succession: In the first point is to be examined, whether a King by lineall succession, crowned, annointed, and lawfully invested, may upon impu­tation, either of negligence or tyranny, be deposed by his Subjects? secondly, what Richard had omitted in the one, or committed in the other, that might deserve that heavie judge­ment? I will not dispute what may be done, in a Popular, or Consular estate, in which though one beareth the Title and Honour of a Prince, yet he hath no supreme power of a King. But in the one the Nobility, and chiefe men of State; in the other, the people have greatest Prerogative: in neither the Prince. Of the last sort was the Common wealth of the La­cedemonians, who by that forme of government which Licur­gus [Page] framed, oftentimes fined, sometimes fettered their Prin­ces, sometimes put them to death; such were the petty Kings in France in Caesars time, who were oftentimes arraigned and executed: and the Princes of the Leodi [...]nses, as Ambiorix confessed, had no greater power over their subjects, than their subjects had over them. And of the second condition were the Roman Emperours at the first, being subject to the censure of the Senate; and such are now the Emperours of Germany; whom the other Princes by their Aristocraticall power, doe not onely restraine, but sometimes remove; such are the Kings of Denmarke and Swethland, who are many times by their Nobility dejected, either into prison or exile: such are the Dukes of Venice, and some other free States of Italy: And the chiefest cause why Lewis Earle of Flanders, was lately ex­pelled, was for assuming unto himselfe the Cognizance of life and death, which Authority was never incident to his Dig­nity. In these and such like Governments, the Prince hath not absolute Regality, but is himselfe subject to that power, which is more transcendent then his, whether it be in the No­bility or multitude. But if the Soveraigne Majesty be in the Prince, as it was in the first three Emperours, and in the Kingdomes of Iudaea and Israel, and is now in the Kingdomes of England, France, Scotland, Spaine, Muscovia, Turkie, Tar­tary, Persia, Ethiopia, and almost all the Kingdomes of Asia, and Africa; although for his vices, he be unprofitable to the Subjects, yea hurtfull, yea untollerable; yet can they neither hazzard his power, nor harme his person, either by judiciall proceedings, or by force; for neither one, nor all Magistratec have any Authority over the Prince, from whom all Autho­rity is derived, and whose onely presence doth silence and suspend all inferiour Iurisdiction and sorce. And for power, what Subject can assist or counsell, or conceale violence a­gainst his Prince, and not incurre the high and heinous crime of fawsonry or treason; it is a common saying, thought is free, free indeed from punishment of secular Lawes, except by word or deed it breake forth into action; yet the secret thoughts against the sacred Majesty of a Prince, without at­tempt, without endeavour, have beene adjudged to death. [Page] And some, who in auricular confession, have discovered their treacherous devises against the King in person, have for the same beene executed. All Lawes do exempt a mad man from punishment, because their actions are not governed by their will, and the will of man being set apart, all his deeds are in­different, neither can the body offend without a corrupt or er­roneous minde, yet if a mad-m [...]n but draw his weapon upon his King, it hath been adjudged worthy death. And lest any man should surmise, that Princes for the maintenance of their owne safety, and soveraignty, are the onely authors of these Judgements; Let us examine with consideration, the patterns and precepts, to this purpose set forth in the sacred Text. Ne­buchadnezzar King of Assyria, wasted all Palestine with fire and sword, oppugned the whole Citie a great while, and at the last expugned it; slaughtered the King, burnt the Temple, carryed away the holy Vessels and Treasure, and permitted the Souldiers with unmercifull cruelty to spoile and ransack all the people with fire and sword, and whom from thence had escaped, and the pestilence had spared, he led captive into Chal­dea, and there erected his Golden image; commanding those that refused to worship it, to be cast into the firy Furnace: notwithstanding God calleth Nebuchadnezzar his servant, and promiseth him wages for his service. And the Prophets Ieremiah and Barucke, did write unto the Jewes to pray for the life of him, and of Balthazar his sonne, that their dayes upou earth might be as the dayes of Heaven: And Ezechiel with bitter tearmes upbraideth the disloyaltie of Zedechiah, for revolting from Nebuchadnezzar, after homage done unto him. Did not Saul put all the Priests to death, because one of them did relieve holy and harmlesse David? Did he not pro­secute his faithfull servant, and dutifull son-in-law, yet was not hee spared, nay, protected by him? And was not David much grieved for but taking away the lap of his garment, and afterwards caused the messenger to be slaine, that upon re­quest, and sor pitty did lend his hand (as himselfe reported) to hasten the voluntary death of that sacred King? As for the contrary examples of Iehu, they were done by expresse Oracle and Revelation from God, and are no more set downe for our [Page] imitation, than the robbing of the Egyptians, or any other particular or priviledged commandement, but in the generall precept, which all men must generally follow: not only our actions, but our speeches also, and our very thoughts are strictly charged, with duty and obedience to Princes, whether they be good or evill. The Law of God ordaineth, That hee that do [...]h presumptuously against the Prince, shall dye, Deut. 17. 12. And the Prophet David forbiddeth both by precept and practice, to touch the Lords anointed: Thou shall not (saith the Lord) Raile upon the Iudges, neither speake evill of the Ru­ler of the people. And the Apostles doe demand further, that even our thoughts and soules, be obedient to higher powers. And lest any should imagine, that they meant of good Princ [...]s onely, they speake generally of all. And further, to take a­way all doubt, they make expresse mention of the evill: For the power and Authority of wicked Princes, is the ordnance of God. And therefore Christ told Pilate, That the power which he had, was given him from above. And the Prophet Esay called Cyrus, being a prophane and Heathen Prince, the Lords anointed: For, God turneth the hearts even of wic­ked Princes to doe his will. And as Iehosaphat said to his Ru­lers, They execute not the judgement of man, but of the Lord. In regard whereof David calleth them Gods, because they have the rule and authority even from God, which if they doe abuse, they are not to be adjudged by their Subjects, for no power within their Dominion is superiour to theirs. But God reservcth them to their sorest tryall, Horribly and suddenly (saith the Wiseman) will the Lord appeare to them, and a hard judgement shall they have. The Law of God com­mandeth, that the childe should be put to death, for any con­tumely done unto the parents: but what if the Father bee a Robber? if a murtherer? if sor excesse of villanies, odious and execrable both to God and man▪ surely he deserveth the greatest degree of punishment, and yet must not the sonne lift up his hand against him for no man can be so great an offender as to be punished by parricide. But our Country is (or ought to bee) more deare to us than our Parents. And the [Page] Prince is the Father of the Countrey, and therefore more sa­cred and deare to us, then our Parents by nature, and must not be violated, how imperious, how impious soever he be? Doth he command or demand our purses or persons? we must not shun the one, nor shrink from the other; for as Nehemiah saith, Kings have dominion over the Cattell of their Subjects at their pleasure. Doth hee injoyne those actions, which are contrary to the Lawes of God, we must neither wholly obey, nor violently resist, but with a constant courage, submit our selves to all manner of punishment, and shew our subjection, by suffering and not performing; yea, the Church hath de­clared it to be an Heresie, to hold, that a Prince may be slaine, or deposed by his Subjects, for any default or disorder of life, or default in Government. There will be defaults so long as long as there be men; and as we endure with patience, a bar­ren yeare, if it happen, and unseasonable weather; so must we tollerate the imperfections of Rulers, and quietly expect ei­ther reformation or alteration, But alas! what such cruelty what such impiety, hath King Richard committed? examine the imputations objected, with the false circumstance of ag­gravation, and you shall finde but little of truth, or of great moment; it may be many oversights have escaped (as who lives without offending) yet none so grievous to be termed tyranny, as proceeding rather from unexperienced ignorance, or corrupt counsell, than from any naturall or wilfull malice. Oh! how should the world be pestered with tyrants, if Sub­jects might be permitted to rebell, upon pretence of tyranny; how many good Princes should often be suppressed by those by whom they ought to be supported? if they but levie a Sub­sidie, or any other taxation, it shall be judged oppression; if they put any to death for traiterous attempts against their persons, it shall be exclaimed at for cruelty; if they shall doe any thing against the good liking of their people, it shall bee proclaimed Tyrannie.

But let it be that without desert in him, or authority in us, King Richard must be deposed; yet what right hath the Duke of Lancaster to the Crowne? or what reason have we, with­out right, to give it him? If he make Title as Heire to King [Page] Richard, then must he stay King Richards death; for no man can succeed as heire to the living; But 'tis well knowne to all men, who are not wilfully blind, or grosly ignorant: that there are some yet alive, lineally descended from Lionel Duke of Clarence, whose issue by the judgement of the high Court of Parliament, in the 8. yeare of K. Richards Reigne, was de­clared heire apparant to the Crowne in case King Richard should dye without issue. The claime from Edmund Crouch­backe, I passe over the Authors thereof, themselves being a­shamed of so absurd an abuse; And therefore all the pretence now on foot, is by right of Conquest, and the Kings resigna­tion and grant, and the consent of the many: it is bad stuffe that will take no colour; what conquest can a Subject make a­gainst a Soveraigne, where the warre is insurrection, and the victory high Treason? King Richards resignation, being in prison, is an act of exaction by force, and therefore of no force to bind him; And by the Lawes of this Realme, the King by himselfe cannot alienate, the ancient Jewels and ornaments of the Crowne, much lesse give away his Crowne and King­dome. And custome wee have none, for the vulgar to elect their King, but they are alwayes tyde to accept of him, whom the right of succession enables to the Crowne, much lesse can they make good that Title, which is by violence usurped; For nothing can be said to be freely done, when liberty is re­strained by feare; As for the deposing of Edward the Se­cond, it is no more to be urged, than the poysoning of King Iohn, or the murthering of a lawfull Prince: we must live ac­cording to Lawes, not Examples, yet the Kingdome then was not taken from lawfull Successours; But if we looke backe to times past, we shall finde that these Titles were more strong in King Stephen, than they are now in the Duke of Lancaster, for King Henry the 1. being at liberty, neither restrained, nor constrained, the people assented to this designement, and thereupon without feare or force he was anointed, and crow­ned King. Yet Henry Fitzempresse, having a neerer right to the Crowne by his Mother (notwithstanding his Father was a stranger, and he borne beyond the Seas) never ceased the prosecution of bloody warres, to the great effusion of blood, [Page] and spoyling the Countrey, untill his lawfull inheritance was assured him. It terrifieth me but to thinke, how many flouri­shing Kingdomes have been by such contentions, either rent by intestine division, or subdued to forraigne Princes, under pretence of assistance and aide. This Kingdome hath had too wofull experience of these severall mischiefes, and yet neither examples of other Countreys, or miseries of our owne, are suf­ficient to make us be wary. Certainely, I feare, it will betide us, as it did to Esops Frogges, who being desirous to have a King, had a beame given them, the first fall affrighted them, but when they saw it lye still, they contemptuously insulted thereon, and desired a King of more active spirit; Then a Storke was sent them, which stalking amongst them, daily de­voured them, King Richards mildnesse hath bred in us this scorne, interpreting it to be cowardise and dulnesse of nature; I dare not say (yet give me leave to suspect) with greater cou­rage, we may finde greater cruelty. And thus have I declared my opinion, with more words, you may perhaps conjecture than wisdome, yet fewer then the waight of the cause did require: And I doe resolutely conclude, that we have neither power nor policie, either to depose King Richard, or in his place to Elect Duke Henry; That King Richard remaineth still our Soveraigne Lord, and therefore it is not lawfull for us to give judgement against him; That the Duke whom you are pleased to stile King, hath more transgressed the King and Realme, than Richard hath done either against him or us; For he being banished the Realme for ten yeares by the King and Councell (amongst whom his owne father was chiefe) and given oath not to returne without speciall license; Hee hath not only broken his oath, but disturbed the peace of the Land, dispossessed the King of his Royall estate, and now deman­deth judgement against his person, without offence proved, or defence heard; if this injury move not, yet let both our private and publike dangers somewhat withdraw us from these violent proceedings.