THE BISHOP of
CARLILE's SPEECH IN PARLIAMENT, Concerning Deposing of PRINCES.
THis question (
Right Honourable Lords) concerneth a matter of great Consequence and Weight: The determining whereof will assuredly procure, either Safe, Quiet, or dangerous disturbance, both to our particular Consciences, and also to the common State. Therefore before you resolve upon it, I pray you call to your considerations these two things: First, whether King
Richard be sufficiently deposed or no: Secondly, whether King
Henry be with good Judgement or Justice chosen in his place. For the first point we are first to examine, whether a King, being lawfully and fully instituted by any Just Title, may upon impution either of Negligence, or of Tyranny, be deposed by his Subjects: Secondly, what King
Richard hath omitted in the one, or committed in the other, for which he should deserve so heavy Judgment. I will not spake what may be done in a Popular State, or in a Consular; in which although one beareth the Name and Honour of a Prince, yet he hath not Supreme Power of Majesty; but in the one, the people have the highest Empire; in the other, the Nobility, and chief Men of Estate; in neither, the Prince. Of the first sort was the Common-Wealth of the
Lacedaemonians, who after the form of Government which
Lycurgus framed, oftentimes
Tranquil, in Caligula. Tacitus in Proaemio. Fined, oftentimes Fettered their Kings, and sometimes Condemned them to Death: Such were also, in
Caesars time, the petty Kings of every Citty in
France; who were many times Arraigned upon life and death, and (as
Ambiorix Prince of the
Leodienses consessed) had no greater Power over the People, than the People had over them. Of the second condition were the Roman Emperours at first; of whom some, namely,
Nero and
Maximinus were openly Condemned, others were suddenly surprized by Judgment, and Authority of the Senate: and such are now the Emperors of
Germany, whom the other Princes by their Aristocratical Power, do not only restrain, but sometimes also remove from their Imperial State: such are also the Kings of
Denmark, and
Sweedland, who are many times by the Nobility dejected, either into Prison, or into Exile: Such likewise are the Dukes of
Venice, and of some other free States in
Italy: and the chiefest cause for
[Page 2] which
Lewes Earl of
Flanders was lately expelled from his place, was for drawing to himself cognisance in matters of Life and Death, which high Power never pertained to his Dignity.
In these and such like Governments, the Prince hath not regall Rights, but is himself subject to that Power which is greater than his, whether it be in the Nobility or in the Common People. But if the Soveraign Majesty be in the Prince, as it was in the three first Empires, and in the Kingdom of
Judea, and
Israel; and is now in the Kingdoms of
England, France, Spain, Scotland, Muscovia, Turky, Tartaria, Persia, Ethiopia, and almost all the Kingdomes of
Asia, and
Africke: Although for his Vites he be unprofitable to the Subjects, yea Hurtful, yea Intollerable: Yet can they lawfully neither harm his Person, nor hazard his Power, whether by Judgment, or else by Force: For neither one, nor all Magistrates have any Authority over the Prince, from whom all Authority is derived, and whose only presence doth silence, and suspend all inferiour Jurisdiction and Power. As for Force, what Subject can Attempt, or Assist, or Counsel, or Conceal Violence against his Prince, and not incurr the high and Henious Crime of Treason?
It is a common saying, thought is free: Free indeed from Punishment of secular Laws, except by Word or Deed it break forth into action: Yet the secret thoughts against the sacred Majesty of a Prince, without attempt, without endeavour, have been adjudged worthy of death: And some who in auricular Confession, have discovered their Treacherous Devises against the Person of their Prince, have afterwards been Executed for the same. All Laws do exempt a Mad Man from Punishment: Because their Actions are not governed by their will and purpose: And the will of Man being set aside, all his doings are indifferent, neither can the Body offend without a Corrupt or Erroneous mind: Yet if a Mad Man draw his Sword upon his King, it hath been adjudged to deserve Death. And left any Man should surmise that Princes, for the maintenance of their own safety and Soveraignty, are the only Authors of these Judgments: Let us a little consider the Patterns and Precepts of Holy Scripture.
Nebuchadnezzar King of
Assyria, wasted all
Palestine with Fire and Sword, oppugned
Hierusalem a long time, and at the last expugned it: Slew the King: Burnt the Temple: Took away the Holy Vessels and Treasure: The rest he permitted to the Cruelty and Spoyl of his unmerciful Souldiers: Who defiled all places with Rape and Slaughter, and ruinated to the ground that flourishing Citie: After the Glut of this bloody Butchery, the people which remained, he led Captive into
Chaldaea: And there erected his Golden Image; and commanded that they which refused to Worship it, should be cast into a fiery Furnace.
What Cruelty, what Injustice, what Impiety is comparable to this? And yet God calleth
Nebuchadnezzar his Servant, and promiseth Heir and Wages for his Service: And the Prophets
Jeremiah and
Baruch did Write unto the
Jews to pray for the life of him, and of
Baltazar his Son, that their days might be upon Earth as the days of Heaven: And
Ezechiel with bitter terms abhorreth the disloyalty of
Zedechia, because he revolted from
Nebuchadnezzar, whose Homager and Tributary he was. What shall we say of
Saul? Did he not put all the Priests to Execution, because one of them did revile Holy and harmless
David? Did he not violently Persecute that his most Faithful Servant and Dutiful Son in Law? During which pursuit, he sell twice into the Power of
David; who did not only spare, but also protect the King, and reproved the Pretorian Souldiers for their negligent Watch, and was touched in Heart for cutting away the Lap of his Garment: And afterwards caused the Messenger to be Slain, who upon Request and for Pitty, had lent his hand (as he said) to help forward the voluntary Death of that Sacred King. As for the contrary Examples: As that of
So did
Domitian put to death
Epaphroditus, Neroes libertine, because he helped
Nero (although in love) to kill himself. So did
Serverus kill all the killers of
Pertinax his Predecessour; and likewise
Vitellius did put to death all the Murtherers of
Galba Theophilus Emperour of
Greciae caused all those to be Slain, who had made his Father Emperour, by killing
Leo Armanius. And
Alexander the great put to cruel Execution, those that had Slain
Darius his Mighty and Mortal Enemy.
Jehu who Slew
Jehoram and
Ahazia, Kings of
Israel and
Juda: They were done by express Oracle and Revelation from God, and are no more set down for our imitation, than the robbing of the
Ægyptians, or any other particular and priviledged Commandement; but in the general Precept, which all Men must ordinarily follow, not only our Actions, but our Speeches also, and our very thoughts
[Page 3] are strictly charged with Duty and Obedience unto Princes; whether they be good or evil, the Law of God ordaineth:
That he which doth presumptiously against the Ruler of the
Deut. 17. 12.
people shall die: And the Prophet
David forbiddeth, to touch the Lords Annointed
Thou
Psal. 105. 15.
shalt not (saith the Lord)
rail upon the Judges, neither speake evil against the Ruler of the
Exod. 22. 28.
People. And the Apostles do demand further, that even our thoughts and Souls be obedient
Act. 23. 5. to higher Powers. And least any should imagine that they meant of good Princes
Rom. 13. 1. 13. only, they spake generally of all; and further to take away all doubt, they make express
Tit. 3. 1. mention of the evil. For the Power and Authority of wicked Princes is the Ordinance
1. Pet. 2. 13, 14, 17. of God; and therefore CHRIST told
Pilate, that the Power which he had was given
1 Tim. 2. 2. him from above; and the Prophet
Esay calleth
Cyrus, being a Prophane and Heathen
Rom. 13. 2. Prince, the Lords Annointed. For God stirred up the Spirit even of wicked Princes to do
John 19. 11. his will; and (as
Jehosaphat said to his Rulers) they Execute not the Judgment of Man,
Cap. 45. 1. but of the Lord: In regard whereof
David calleth them Gods; because they have their
2 Chron. 36. 2. Rule and Authority immediately from God: Which if they abuse, they are not to be
2 Chron. 19. 6. adjudged by their Subjects, for no Power within their Dominion is superior to theirs:
Psal. 28. But God reserveth them to the forest Trial:
Horribly and sudainly (saith the
Wiseman)
Sap. 6. 5.
will the Lord appear unto them, and a hard Judgment shall they have.
The Law of God commandeth that the Child should be put to death, for any contumely done unto the Parents: But what if the Father be a Robber? If a Murtherer: If for all excess of Villanies, odious and execrable both to God and Man? Surely he deserveth the highest Degree of Punishment, and yet must not the Son lift up his hand against him, for no offence is so great as to be Punished by Parricide: But our Countrey is dearer unto
Quintil in declam. Cic. offic. lib. 1. us than our Parents: and the Prince is
Pater patriae, the Father of our Countrey: And therefore more sacred and dear unto us, than our Parents by nature, and must not be violated, how imperious, how impious so ever he be: Doth he command or demand, our Persons or our Purses, we must not shun for the one, nor shrink for the other: For (as
Nehem. 9. 37.
Nehemiah saith,)
Kings have Dominion over the Bodies and over the Caettel of their Subjects at their pleasure. Doth he enjoyn those actions which are contrary to the Laws 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 enduring, and not performing: Yea the Church hath declared it to be an Heresie, to hold that a Prince
Alphons. a cast in lib. de haeres. in verb. Tiran. Dom. Sot. lib. 5.
de just. & jur. q. 1.
artic. 3. may be Slain or Deposed by his Subjects, for any disorder or default, either in Life, or else in Government, there will be faults so long as there are Men: And as we endure with Patience a Barren Year, if it happen, and unseasonable Weather, and such other defects of nature, so must we tollerate the imperfections of Rulers and quietly expect, either reformation, or else a change.
But alas good King
Richard, what such Cruelty? What such Impiety hath he ever committed? Examine rightly those Imputations which are laid against him, without any false Circumstance of aggravation, and you shall find nothing objected, either of any truth, or of great Moment. It may be that many errours and oversights have escaped him, yet none so grievous to be termed Tyranny; As proceeding rather from unexperienced Ignorance, or corrupt Counsel, than from any natural and willful Malice. Oh, how shall the World be pestered with Tyrants, if Subjects may Rebel upon every pretence of Tyranny? How many good Princes shall dayly be suppressed by those, by whom they ought to be supported? If they leavy a Subsidy, or any other Taxation, it shall be claimed oppression: If they put any to death for Trayterous Attempts against their Persons, it shall be exclaimed Cruelty: If they do any thing against the Lust and liking of the People, it shall be proclaimed Tyranny.
But let it be, that without Authority in us, or desert in him, King
Richard must be deposed: Yet what right had the Duke of
Lancaster to the Crown? Or what reason have we without his right to give it to him? If he make Title as Heir unto King
Richard, then must he yet stay until King
Richards death: For no Man can succeed as Heir to one that liveth. But it is well know to all Men, who are not either wilfully Blind or grosly Ignorant, that there are some now alive, Lineally descended from
Lionel Duke of
Clarence, whose Off-spring was by Judgment of the High Court of Parliament holden the eight
[Page 4] Year of the Raign of King
Richard, declared next Successor to the Crown, in case King
Richard should die without Issue. Concerning the Title from
Edmund Chrouchback, 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 Session and grant of King
Richard; and by the general consent of all the people. It is a bad Wooll that can take no colour: But what Conquest can a Subject pretend against his Soveraign, where the War is insurrection, and the Victory high and Heinous 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 Jewels and Ornaments partaining to the Crown, surely he cannot give away the Crown it self, and therewithal the Kingdome.
Neither have we any custome, that the people at pleasure should elect their King: But they are always bound unto him, who by right of Blood is right Successour; 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
Scylla by terrour of his Legions, obtain the Law of
Vellia to be made, whereby he was created Dictatour for fourscore Years: And by like impression of fear,
Casar caused the Law
Servia to be promulged, by which he was made perpetual Dictatour: But both these Laws were afterwards adjudged void. As for the Deposing of King
Edward the second it is no more to be urged, than the Poisoning of King
John, or the Murdering 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 Successour. But if we look back to times lately past, we shall find that these Titles were more strong in King
Stephen, than they are in the Duke of
Lancaster. For King
Henry the first being at large liberty, neither restrained in body, nor constrained in mind, had appointed him to succeed: (as it was upon good credit, certainly affirmed;) The people assented to this designment; and thereupon without fear, and without force, he was annointed King, and obtained full possession of the Realm. Yet
Henry (Son of the Earl of
Anjowe) having a neerer right by his Mother to the Crown, (notwithstanding his Father was a stranger, and himself born beyond the Seas (raised such Rough Wars upon K
ing 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 Kingdoms have been by means of such Contentions either torn in pieces with detestive division, or subdued to forraign Princes, under pretence of assistance and aid: And I need not repeat how fore this Realm hath heretofore been shaken with these seueral Mischieves: And yet neither the examples of other Countries, nor the Miseries of our own, are sufficient to make us to beware.
O
English Men, worse Bewitched than the Foolish
Galathians; our unstayed minds and reftless resolutions, do nothing else but hunt after our own harms: No people have more hatred abroad, and none less quiet at home: In other Countreys 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 Whetstones to sharpen the one and Bellows to blow up the other.
Certainly, I fear that the same will happen unto us which
Æsop fableth to have been fallen unto the Froggs; 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 Storke, 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 cowardise and dulness of nature: The next Heir is likewise rejected:
[Page 5] I will not say that with greater Courage we shall find greater Cruelty; but if either of these shall hereafter be able to set up their side, and bring the matter to Trial by arms, I do assuredly say, that which part soever shall carry the Fortune of the Field, the people both ways must go to wrack. And thus have I declared my mind concerning this question, in more words than your Wisdom, yet fewer then the weight of the Cause doth require. And do boldly conclude, that we have neither Power nor Pollicy, either to depose King
Richard, or to elect Duke
Henry in his place; that King
Richard remaineth still our Soveraign Prince, and therefore it is not lawful for us to give Judgment 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 Counsel (amongst whom his own Father was chief) and sworn not to return again without special Licence, He hath not only violated his Oath, but with impious Arms disturbed the quiet of the Land, and dispossessed the King from his Royal Estate, and now demandeth Judgment 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.
The Characteristie Description of this Stout and Renowned Champion of Fidelity and Loyalty; the Reader may be pleased to take it Transcribed from the Learned
Francis Godwin Bishop of
Hereford; In his Succession of the Bishops of
England; jisdem verbis, as he there relates it.
THomas Merks a Monk of
Westminster, was likewise thrust into this Bishoprick by the Pope at the Kings Request, and Consecrated, 1397. Amongst many unworthily preferred in those days, he undoubtedly was a Man well deserving that Honour; for he was a Man Learned and Wise, but principally to be commended First, for his constant and unmoveable Fidelity unto his Patron, and Preferrer King
Richard the second, then, for his excellent courage in professing the same, when he might safely, yea and honestly, also have concealed his Affection. Some others there were (of the Nobility) that remembring their Duty and Allegiance, when all the World beside forsook that unfortunate Prince, followed him with their best assistance, even till the time of his Captivity. This Man nothing regarding the danger might insue, not only refused to forsake him, when he had forsaken himself, but defended him and his cause the best he could, when he might well perceive his endeavour might hurt himself much without any possibility of helping the other. When the Furious and unstable Multitude, not contented that King
Richard had resigned his Crown to save the Head that ware it, and their Darling
Hen. 4. seated himself in his Royal Throne, importuned the Parliament assembled to proceed yet further against him, desiring no doubt, that to make all sure, his Life might be taken from him. This Worthy and Memorable Prelate stepping forth, doubted not to tell them, that there was none amongst them meet to give Judgment upon so Noble a Prince as King
Richard was, whom they had taken for their Soveraign and Liege Lord for the space of 22 years and more. And proceeding further, I assure you, quoth he, (I report his words as I find them in our
Chronicles) there is not so rank a Traytor, nor so errand a Thief, nor yet so cruel a Murtherer. apprehended, or detained in Prison for his offence, but he shall be brought before the Justice to hear Judgment; and will you proceed to the Judgment of an Annointed King, hearing neither his Answer nor Excuse? I say, and will avouch, that the Duke of
Lancaster (whom you call King) hath more trespassed to King
Richard and his Realm, then King
Richard hath done either to him or us. For it is manifest and well known, that the Duke was Banished the Realm by King
Richard and his Council, and by the Judgment of his own Father, for the space of ten years, for what cause your remember well enough. This notwithstanding, without Licence of King
Richard he is returned again into the Realm, and that is worse, hath taken upon him the Name, Title, and Preheminence of King. And therefore I say that you have done manifest wrong to proceed against King
Richard in any sort, without calling him openly to his Answer and Defence. This Speech scarcely ended, he was attached by the Earl Marshal, and for a time committed to Ward in the Abby of St.
Albanes. Continuing yet his Loyal Affection to his distressed Master. Soon after his inlargment, he joyned with the
Hollands and others in a Conspiracy against King
Henry: Which being bewrayed to the Destruction of all the rest, he only was pardoned. Peradventure in regard of his calling; For it had never been seen hitherto that any Bishop was put to death by order of Law. Peradventure in some kind of favour and admiration of his Faithful constancy (for Vertue will be Honoured even of her Enemies) Peradventure else to this end, that by forcing him to live miserably, they might lay a Punishment upon him more grievous then death, which they well saw he despised. The Pope (who seldome denied the King any request that he might afford good cheap) was easily entreated to translate forsooth this good Bishop from the See of
Carlile, that yielded him Honourable maintainance, unto
Samos in
Greece, whence he knew he should never receive one penny profit. He was so happy as neither to take benefit of the gift of his Enemy, nor to be hurt by the masked Malice of his Counterfeit Friends, disdaining as it were to take his Life by his Gift, who took away from his Master both Life, and Kingdom, he died shortly after his deliverance, so deluding also the morkery of his Translation, whereby (things so falling out) he was nothing damnified.
Quicquid in Historiâ discribitur, vel ad imitandum indigitat, vel ad evitandum instruit.