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A42946 The character of Thomas Merkes, Bishop of Carlisle out of Bishop Godwin's Commentaries of the bishops of England, part 2, pag. 149 : together with his speech in the last Parliament of King Richard II, anno 1399, as it is recorded by Sir John Hayward in The first part of the life and reign of K. Henry IV, pag. 101.; De praesulibus Angliae commentarius. English. Selections Godwin, Francis, 1562-1633.; Hayward, John, Sir, 1564?-1627. First part of the life and raigne of King Henrie the IIII.; Merke, Thomas, d. 1409. Speech in the last Parliament of King Richard II. 1689 (1689) Wing G969; ESTC R23000 7,627 8

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King Richard declared next Successor to the Crown in case King Richard should die without Issue 〈◊〉 the Title from Edmond Crouchback I will pass it over seeing the Authors thereof are become ashamed of so absurd Abuse both of their own Knowledge and our Credulity and therefore all the Claim is now made by Right of Conquest by the Cession and Grant of King Richard and by the general Consent of all the People It is a bad Wool that can take no Colour But what Conquest can a 〈◊〉 pretend against his Sovereign where the War is Insurrection and the Victory high and heignous Treason As for the Resignation which King Richard made being a pent Prisoner for the same cause it is an Act exacted by force and therefore of no force and validity to bind him and seeing that by the Laws of this Land the King alone cannot alienate the ancient Iewels and Ornaments 〈◊〉 to the Crown surely he cannot give away the Crown it 〈◊〉 and therewithal the Kingdom Neither have we any Custom that the People at pleasure should elect their King but they are always bound unto him who by Right of Blood is right Successor much less can they confirm and make good that Title which is before by Violence usurped for nothing can then be freely done when Liberty is once restrained by Fear So did Scilla by terrour of his Legions obtain the Law 〈◊〉 Velleia to be made whereby he was created Dictator for fourscore Years And by like impression of Fear Caesar caused the Law Servia to be promulged by which he was made perpetual Dictator but both these Laws were afterward adjudged void As for the deposing of King Edward II it is no more to be urged than the poisoning of King Iohn or the murthering of any other good and lawful Prince we must live according to Laws and not to Examples and yet the Kingdom was not then taken from the lawful Successor But if we look back to Times lately past we shall find these Titles were more strong in King Stephen than they are in the Duke of Lancaster for King Henry I being at large 〈◊〉 neither restrained in Body nor 〈◊〉 in Mind had appointed him to succeed as it was upon good Credit certainly assirmed The People assented to this Designment and thereupon without Fear and without Force he was apointed King 〈◊〉 obtained full Possession of the Realm Yet Henry Son of the Ear● of Anjou having a nearer Right by his Mother to the Crown notwithstanding his Father was a Stranger and himself 〈◊〉 beyond the Seas raised such rough Wars upon King Stephen that there was no end of spoiling the Goods and spilling the Blood of the unhappy People besides the Ruins and Deformities of many Cities and Holds until his lawful Inheritance was to him assured It terrifieth me to remember how many flourishing Empires and 〈◊〉 have been by means of such Contentions either torn 〈◊〉 〈◊〉 with detestine Division or subdued to Foreign Princes 〈◊〉 pretence of Assistance and Aid And I need not 〈◊〉 how 〈◊〉 this Realm hath heretofore been shaken with these 〈◊〉 〈◊〉 and yet neither the Examples of other Countries 〈◊〉 the 〈◊〉 of our own are sufficient to make us to 〈◊〉 〈◊〉 O English-men worse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after our own Harms No 〈◊〉 have more 〈◊〉 〈◊〉 〈◊〉 none less Quiet at home in other Countries the Sword of Invasion hath been shaken against us in our own Land the Fire of Insurrection hath been kindled among us and what are these Innovasions but Whet-stones to sharpen the one and Bellows to blow up the other Certainly I fear that the same will happen unto us which AEsop 〈◊〉 to have been fallen unto the Frogs who being desirous to have a King a Beam was given unto them the first Fall whereof did Put them in some fear but when they saw it lie still in the Stream they insulted thereon with great Contempt and desired a King of quicker Courage Then was sent unto them a Stork which stalking among them with stately Steps continually devoured them The Mildness of King Richard hath bred in us this Scorn interpreting it to be Cowardice and dulness of Nature the next Heir is 〈◊〉 rejected I will not say that with greater Courage we shall find greater Cruelty but if either of these shall hereafter be able to 〈◊〉 up their Side and bring the matter to trial by Arms I do 〈◊〉 say that which Part soever shall carry the Fortune of the Field the People both ways must go to wrack And thus I have declared my Mind concerning this Question in more Words than your Wisdom yet fewer than the weight of the Cause doth require and do boldly conclude that we have neither Power nor Policy either to depose King Richard or to elect Duke Henry in 〈◊〉 place that King Richard remaineth still our Sovereign Prince and therefore it is not lawful for us to give Iudgment upon him That the Duke whom you call King hath more offended against the King and the Realm than the King hath done either against him or us for being banished the Realm for ten Years by the King and his Council amongst whom his own Father was chief and sworn not to returnn without special License he hath not only violated his Oath but with 〈◊〉 Arms disturbed the Quiet of the Land and dispossessed the King from his Royal Estate and now demandeth Iudgment against his Person without Offence proved or Defence heard If this Injury and this Perjury doth nothing move us yet let both our private and common Dangers somewhat withdraw us from these violent Proceedings FINIS Tranquil in Calig Tacitus in 〈◊〉 Ier 25. 9. Ier. 29. 7. Baruc. 1. 11. Ezek. 12. 18. So did Domitian put to death Epaphroditus Nero's Libertine because he helped Nero although in love to kill himself So did Severus kill all the killers of Pertinax his Predecessour and like wise Vitellius did put to death all the 〈◊〉 of Galba Theophilus Emperour of Grecia caused all those to be 〈◊〉 who had made his Father Emperour by killing Leo Armenius And Alexander the Great put to cruel Execution those that had 〈◊〉 Darius his mighty and mortal Enemy Deut. 17. 12. Psal. 105. 15 Exod. 22. 28. Act. 23. 5. Rom. 13. 1 13. 〈◊〉 3 1. 1 〈◊〉 2. 13 14 17. 1 〈◊〉 2. 2. Rom. 13 2 Iob. 19 〈◊〉 Isa. 45 1. 2 〈◊〉 36 22. 19 6. Psal. 28. Sap. 6. Quin. in declam Cic. offic lib. 1 〈◊〉 9 37. Alphons a c●st in lib. de haeresi in verb. Tyrannus Dominic Soto 1. 5. de just jur ● 1 artic 3.