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A89086 A pious and learned speech delivered in the High Court of Parliament, 1. H. 4. by Thomas Mercks then Bishop of Carlile. Wherein hee gravely and judiciously declares his opinion concerning the question, what should be done with the deposed King Richard the Second. Merke, Thomas, d. 1409. 1642 (1642) Wing M1826; Thomason E200_51; ESTC R13379 5,336 8

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A Pious and Learned SPEECH DELIVERED IN THE HIGH COURT OF Parliament 1. H. 4. by THOMAS MERCKS then Bishop of CARLILE WHEREIN HEE GRAVELY AND Judiciously Declares his opinion concerning the Question What should be done with the Deposed King RICHARD the Second VERITAS VIRES●IT VVLNERE London printed for N. V. and J. B. ●●●● A Speech wise and Religious Spoken in the High Court of Parliament in the I. yeare of the Raigne of H. the 4. by the pious learned pillar of the Church Thomas Mercks Bishop of CARLILE 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 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 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 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