Bishop Thomas Merke -1409

The Deposition of King Richard II. 12th August 1299. Then King Richard wisely replied: "Northumberland, withdraw: ere it be long you shall have our answer, that you may speedily depart."Then might you see them separate. They discoursed long upon the matter of which they had heard the earl speak; till at last the king said,^t "Fair sirs, we will grant it to him, for I see no other way. You perceive, as well as myself, that all is lost. But I swear to you, that whatever assurance I may give him, he shall for this be surely put to a bitter death for the outrage and injury that he hath done unto us. And doubt it not, no parliament shall be held at Westminster upon this business; for I love you so entirely, that I would not suffer you to come to parliament to die, for the fulfilment of his pleasure; for I know full well that he would make you suffer most heavy penalty, and that you would be in very great danger of being put to bitter and certain death, seeing many murmur against you. Yet fear not, my good friends, but that in spite of them, you shall ever be my nearest friends, for I have always found you, without evil intention, good and loyal. Moreover, I tell you, that I will summon and secretly bring together men throughout Wales that may be ready for us on a certain day. When we have spoken with Duke Henry, we will then take our way through Wales; and if he should ask us wherefore we do so, we will tell him that there is no victuals (not a penny-worth) the other way, since his people and his army have wasted every thing, and that we are going that way, lest provisions fail us. Thus will we say to him, if it seem good unto you, and I believe that he will readily agree to it. The earl hath told us so. And when we shall have found our people assembled, we will display our banners to the wind, and suddenly march with vigour against him. For I am sure of it, as of my death, that when they shall behold my arms, they will be so sorry at heart for the wrong that they have done unto me, that the half of those who have gone along with him, will desert him, and indeed come over to us. For good and faithful heart can never prove false; and nature will bring to their remembrance, that during my life, they ought to hold me as their rightful lord. You will then see them come to us straightways, and you will know that we have right (on our side). God, if we trust in him, will aid us. If we are not so much in our place as they shall be, yet, please God, they shall not chuse but fight us; and if they be in any wise discomfited they shall be put to death. There are some of them whom I will flay alive. I would not take all the gold in the land for them; please God, I continue alive and well."

Note t. "He then consulted with his friends, Carlisle, Salisbury, Scroope, Ferriby, and Jenico in the chapel of the castle, and said to them, ' Gentlemen, you have heard what the earl says: what think you of it?' To which they replied, 'Sir, do you speak first.' The king answered, 'It seems to me that a good peace may be made between us two, if it be as the earl says. But, in truth, whatever agreement or peace he may make with me, if I can ever get him to my advantage, I will cause him to be foully put to death, just as he hath earned."¹

Note 1. MS. Ambassades, p. 135. Mr. Allen's Extracts. Galliard interprets it, "I shall no more scruple to put him to death, than he did to gain the upper hand of me." Accounts and Extracts, II. p. 219. This is, however, too periphrastic. The original words are simply, "Je leferay mourir mauvaisement, ainsi comme il ti gaognie."²

The commonly received opinion, which has been echoed by many writers, was, that Richard, desiring a conference at Conway with the Archbishop of Canterbury and Earl of Northumberland, and of his own accord declaring himself ready to resign, first stipulated for his own maintainance, and for the security of eight persons whom he should name. "Indicavit se velle regno cedere, si sibi victus honorificus vitaeque securitas octo personis, quos nominari vellet, fide interposita, donaretur."^1a Whether Henry was willing to grace his new authority by forbearance towards the king's adherents, or whether Richard was afterwards able to negociate for those whom the duke had threatened to bring before the parliament is immaterial: it is, however, plain, that excepting Jenico, whose resistance procured him a temporary confinement, they all remained unprosecuted and at large. But, as to Richard's spontaneous offer of resignation at this time, it may easily be understood that reports like these were propagated to encourage a persuasion that it was an act proceeding entirely from his consciousness of the difficulties to which he had been reduced by his inability to govern, and that it was not forced upon him by his adversaries. Richard himself in this genuine narrative holds no language which can induce a belief of this nature; he never hints at a wish to lay aside the burden of power in his message to Chester, his conference with Northumberland, or consultation with his little band of friends. On the contrary, he contemplates the future exercise of it in retaliation upon his aggressors, and merely in a general way accedes to the propositions of the earl, that he may escape from a part of his difficulties, with the confident expectation of his entire ability to screen his faithful servants. Salisbury, Scroope, and Merks, the only three present of those who were threatened with prosecution, are satisfied with his assurance of protection, and agree that at all hazards it would be well to close with the duke's conditions of peace.

But the king's pretended readiness to abandon his high estate was more industriously endeavoured to be established by an artifice that reflects little credit upon his successor. The story of what passed at Conway relative to the negociation is given in the text with such an appearance of truth, and is so coherent in all it's parts, that it may very properly be taken to correct the variety of suspicious statements with which ignorance or wilfulness have clouded the affair. One of these is of too grave a kind to be passed over. Comparing it with the statements of our author, I am reluctantly compelled to look upon the ground of Richard's retirement from the throne, given in the Roll of Resignation deposited in the Archives of England, to be a gross fabrication published by Henry IV. for purposes of state. In order to colour the transaction and make the renunciation appear more voluntary than it really was, it is entered upon the roll that the Earl of Northumberland in the presence of the Archbishop ofCanterburyandtherestofthecommissionersin the Tower, "remembered King Richard of hispromise made to the said Archbishop, and to him the said earl at Conway in Wales, at what time the same King Richard was at liberty, how that he, for certain defaults and inabilities in himself to rule, would renounce and give up the crowns of England and France, with the whole rule of the same, and that by the best advice that could be devised; King Richard thereto mildly answered, that he would willingly accomplish the same."^1b

Note 2. "I will make him die miserably, just as he has earned it."

Note 1. Walsing. Hist. Angl. p. 358. "He informed them that he was willing to abdicate the throne if he were granted an honorable livelihood and security for the lives of eight persons whom he would name, under a pledge of good faith."

Note 1b. Cotton's Abridgement, p. 385. There is an overstrained affectation of cheerful acquiescence in the report of his renunciation, which defeats itself. The parties are all very courteous, and happy in each other's society while it lasts. "After familiar talk had between the king, the duke, and archbishop, the instrument was ordered to be read; but the king willingly and cheerfully took and read it throughout." The whole is curious; and, I fear, in many particulars, a piece of deliberately recorded falsehood. Ut supra, p. 386.

Annals of Kings Richard II and Henry IV. When these things had been done, the Bishop of Carlisle rose to excuse himself concerning anything objected against him by suspicion, which he intended to prove false. The king said to him that he ought not to be judged in that case, but should be called to account in an ecclesiastical court. Nevertheless, after making a protestation that he did not wish to derogate from the right or liberty of the Church, he asked more urgently that his excuse might be heard. He very fully declared his innocence concerning many crimes which had been imputed to him only on suspicion, and concerning the conspiracy in the death of the duke, and so on. Afterwards he complained that he had long been under arrest. To this it was immediately answered that he had not been under arrest, but had been committed to safe custody for his own protection, and to avoid the hatred of the common people which they had conceived against him. Now, however, he was free to go wherever he wished. But nevertheless, for the sake of propriety, he was advised to return to the Abbot of St Albans, in whose company he had already stayed for some time by the king’s command, and to remain there until the world, through the calming of the common people, should smile more favourably upon him. And he did so for some time.

Hiis itaque gestis, Episcopus Carleolensis surrexit, ut excusaret se de quibuslibet objectis contra eum per suspicionem, quam intendit probare fallacem. Cui Rex dixit, non debere eum in illa causa judicari, sed in Curia Ecclesiastica fore conveniendum. Ille tamen, facta protestatione quod noluit derogare juri Ecclesiæ, vel libertati, rogavit instantius, ut excusatio sua posset audiri; declaravitque peroptime suam innocentiam de multis criminibus quæ ex suspicione tantum’ fuerunt sibi imputata, et de conspiratione in mortem Ducis, etc. Expost conquestus est quod diu fuerat sub aresta. Cui mox responsum fuit, quod non sub aresta, sed fuisse salvæ custodiæ commendatum pro tutela sua, et ad declinandum odium vulgi, quod conceperant contra eum; jam vero licere sibi pergere libere quocunque vellet. Sed tamen consultum est sibi, propter honestatem, ut rediret ad Abbatem Sancti Albani, in cujus comitiva jam moram traxerat, jussu Regis, et ibi permaneret, donec mundus, ex conquietatione vulgi, felicior arrideret; et fecit sic per tempus aliquod.

Annals of Kings Richard II and Henry IV. On that same day [29th October] all the temporal lords assembled in Parliament, among them also the Bishop of Carlisle. When they had sat down, the record concerning those who had appealed the Duke of Gloucester and others in the Parliament held in the twenty-first year of the late King Richard was about to be read. The Duke of Aumale, having heard the record, immediately rose and acknowledged that he had indeed been an appellant, but had never consented to the death of the Duke of Gloucester. Against him, however, Lord FitzWalter, as on other occasions, offered to prove by duel that he had been the cause of the killing. Then the Duke of Surrey, the Duke of Exeter, the Marquess of Dorset, and the Earls of Gloucester and Salisbury acknowledged the same about themselves, namely that they admitted they had been appellants, but had not consented to the duke’s death. Against the Earl of Salisbury, Thomas, Lord Morley, rose and objected that he had been the cause of the duke’s death, and asserted that he wished to prove it by duel. "For you," he said, "false and double-dealing man, betrayed the duke’s counsels to the king. When he most trusted in your loyalty, you deceitfully procured him to be indicted." And saying these things, he threw down his pledge against him. The earl himself, no less promptly, threw down his pledge against Lord Morley, asserting that he was ready to clear his innocence in this matter by duel. But because this case could not be decided on the present day, the next Monday [3rd November] after the feast of All Saints was appointed for the examination of the aforesaid case by the constable and marshal.

Ipso die convenerunt in Parliamentum omnes Domini temporales, inter quos et Episcopus Carleclensis. Et cum consedissent, lecturus fuit recordum de appellantibus Ducem Gloucestriæ, ete, in Parliamento tento vicesimo primo anno nuper Regis Ricardi. Dux de Almarle, audito recordo, surrexit illico, et fatebatur se quidem appellantem fuisse, sed nunquam in mortem Ducis Gloucestriæ consensisse. At contra, Dominus Fiz-Water, sicut alias, obtulit se duello probaturum quod ipse causa fuerat necis; cum Dux Southerey, Dux de Excestre, Marchio Dorcete, Comites Gloucestre atque Sarum, idem de ipsis fatebantur, ut se concederent appellantes, sed non consensisse in mortem Ducis. Contra Comitem Sarum surrexit Thomas, Dominus de Murlee, et objecit quod ipse causa fuerat mortis Ducis; et asseruit se velle duello probare. "Nempe tu," inquit, "falsus et ambidexter, prodidisti consilix Ducis Regi. Qui cum maxime in tua fide confideret, tu eum dolose procurasti indictari." Et hæc dicens, projecit vadium suum contra eum. Comes et ipse, nihil segnior, projecit vadium contra Dominum de Morlee, asserens se paratum ad purgandum duello suam innocentiam in hac parte. Sed quia die præsenti non poterat hæc causa discindi, ideo datus est dies Lunæ proximus post festum Omnium Sanctorum examinationi causæ prædictæ, per Constabularium et Marescallum.

The Deposition of King Richard II. "Yes, (tell me them,) I desire to know who they are." "Know, Sire, that the first is your brother; the second who hath behaved amiss is the Duke of Surrey, who is, indeed, put in prison in the castle of Chester, for some offence committed against Duke Henry. Another is the Earl of Salisbury, together with the Bishop of Carlisle; the fifth, as I have heard my lord say, is Maudelain.^r These are they who agreed and counselled you to put your uncle most wrongfully to death; and if they deny it, they await the judgment of your parliament, wherein you shall be highly crowned a sovereign king. There also shall Duke Henry be chief judge. Those who have been guilty of crime or treason shall be punished without partiality. Such is the determination of my lord. Certes, dear Sire, he would do nothing that is foolish or unreasonable. I would moreover speak to you of another thing; that you will speedily appoint the day; for there is nothing in the world that he more desireth; I know it well; and he wisheth for nothing but his land, and that which appertaineth to him; neither would have any thing that is yours,^s for you are his immediate, rightful king; and he regretteth in his conscience the great mischief and wrong that he hath done unto you, through the evil persuasion of the enemy, who never slumbereth nor sleepeth, but is ever watchful to tempt mankind. It is he who hath whispered to him all that he hath done. Wherefore, for the sake of him who suffered unparalleled death for us upon the cross, may it please you, be gentle unto my lord, who is sorrowful and afflicted, and for once lay aside your wrath; and he will most humbly come on his knees before you, and sue for mercy. This done, together shall ye go to London, like devout and peaceful men; or, if you choose to go a different road you shall take it; and then shall the parliament be proclaimed throughout the land. Be sure of all this: I will swear to it upon the body of our Lord, consecrated by the priest's hand, that Duke Henry shall most faithfully observe all that I have said, and every thing as I have told you; for he solemnly pledged it to me upon the sacrament when last we parted. Now consider, Sire, how you will act, for I have tarried long."

Note r. Richard Maudelain, a priest of the chapel royal, who resembled the king so much in size, feature, and speech, that he was employed by the insurgents at Christmas to personate him in the army.

Un chapellain, [A chaplain,]

Qui resembloit si de certain [Who resembled so certainly]

Au bon roy Richart de visage, [The good King Richard in face,]

De corps, de fait, et de langage, [In body, in deed, and in speech,]

Qu'il n'est homme qui le vist [That there was no man who saw him]

Qui ne ccrtifiast et dist [Who did not affirm and say]

Que ce fust le roy ancien. [That it was the former king.]

This man appears to have been one of the most obsequious and daring of Richard's creatures; and served him in several confidential and difficult undertakings.¹ Thus he was sent to bring over money from Ireland; and to attend the corpse of the Duke of Gloucester from Calais to London.² The king gave him some property in Fleet-street, and the suburbs of London, which had belonged to Henry Bowet, clerk,³ a particular friend of the Duke of Lancaster, who had upon his account been attainted of treason, 22 Rich. II.⁴ So that for many reasons Henry had an especial dislike to Maudelain. He was a witness to Richard's will,⁵ and went with him upon the Irish expedition. On their return to Milford he was among those of his council who had advised him to withdraw from his army into France, see p. 77. I have already said p. 92, that he probably absconded; for, as he is a remarkable personage, it would have been mentioned had he been in the suite at Conway. When the rebels were dispersed at Cirencester he was taken in attempting to escape with Ferriby, and conducted to London for execution. He asked the mayor if he should be quartered. " No," said the mayor, "but your head will be cut off." Then Maudelain thanked God that he should die in the service of his sovereign lord, the noble king Richard.⁶ Walsingham oddly styles him, I. Mawdlyn Mawde.⁷

Note s. Henry's appearance in arms was but too symptomatic of a treasonable design against Richard not to excite strong suspicions in those who were unacquainted with his real intentions, and might not wish that the matter should be pushed to extremities. By the statute of Northampton, promulgated in the time of Edward III.^1a and glossed upon and confirmed by many subsequent enactments in Richard's reign it was actual treason.^2a No man could "ride armed in harness with launcegays, nor go armed by night nor by day, nor bear sallet, nor skull of iron, nor raise people and ride against the king, upon pain of treason." So that to meet all imputations arising from his display of warlike preparation, his vengeance was at first professed only against the favourites of the court, who had abused the confidence of their sovereign, and had been the instigators of tyrannical measures. Besides this, to quiet the scruples of many of his well-wishers, who might look to reform rather than revolution; and to persuade others, probably the Archbishop of York in particular, of the purity of his intentions, and that he had no ulterior view than that of private justice, and an arrangement for the general good of the realm, he made oath upon the sacrament at Doncaster,^3a immediately upon his landing, and afterwards at Chester,^4a that he came to claim no more than his inheritance, which the ill-advised Richard had, contrary to promise, seized into his hands. "For this," says Baker^5a shrewdly, " was a reason had no objection; the other he reserved till his power should not need to regard objections." And here, in professing to the king that he wished to touch none of his rights, he gave the Percys a lesson which they afterwards retorted upon him. In the beginning of their opposition to him, before the battle of Shrewsbury, "scripserunt provincialibus ubilibet constitutis, propositum quod assumpserant, non esse contra suam ligantiam, et fidelitatem quam regi fecerant nee; ab aliunde exercitum congregasse, nisi pro salvatione personarum suarum, et reipublicae meliori gubernatione, &c. Plures igitur, visis his literis, collaudabant tantorum virorum solertiam, et extollebant fidem quam erga rempublicam praetendebant."^6a

Note 1. APPENDIX, No. I

Note 2. Rymer, Fœdera, VIII. pp. 20, 21, 31.

Note 3. Calend. Rot. pat. p. 236. a. 3. p. 22 Ric. No. 24.

Note 4. Cotton, p. 381.

Note 5. Rymer, ut supra, p. 77.

Note 6. Accounts and Extracts, II. p. 235.

Note 7. Hist. Angl. p. 363.

Note 1a. Stat. 2 Edw. III. c.3

Note 2a. Stat. 2 Ric. II. c. 6. 7 Ric. II. c. 13. 20 Ric.II. c. 1. 21 Ric. II. e. 3

Note 3a. Ther sware the duke upon the sacrament

To claim no more but hii mother's heritage. Hardyng, by Ellis, p. 350.

Note 4a. Maydestone, Hist, de Martyr. Ric. Scrope, Anglia Sacra, pars secunda, p. 369.

Note 5a. Chronicle, p. 154.

Note 6a. Walsing. Hist. Angl. p. 367. "They wrote to the provincials established wherever they were, stating that the purpose they had undertaken was not against their loyalty and the faith they had pledged to the king; nor had they gathered an army from elsewhere, except for the preservation of their own persons and for the better governance of the commonwealth, etc. Therefore, many, upon seeing these letters, praised the prudence of such great men and extolled the faith they professed toward the commonwealth."

Annals of Kings Richard II and Henry IV. Having therefore appointed a governor of the land, the King ordered ships to be prepared, so that he might come with the greatest speed into Wales and forestall the Duke of Lancaster’s arrival in the country. But by the will of God it happened that a change of plan came upon the King at the very time when everything had been made ready for sailing, so that he ordered the horses and the other necessities, which had already been placed on the vessels, to be taken out and brought to another port. And so it came about that seven days were completed before he had once again placed the horses and the remaining equipment on the ships, as though God were arranging that the Duke of Lancaster should become so strong and well prepared that the King could do him no harm. At length, therefore, the King boarded the ships with the Dukes of Exeter, Aumale, and Surrey, whom he had created, and many other nobles whom he had taken with him, as well as the Bishops of London, Lincoln, and Carlisle¹, and several other bishops and prelates, one of whom was the Abbot of Westminster, and landed at the port of [Milford Haven]². There, hearing of the numerous crowd gathered with the Duke of Lancaster, he at first intended to fight against him. But because he was fearful and timid, he changed his plan, holding it for certain that the people, having conspired against him, would sooner choose to die than yield, because of the hatred they had conceived against him. Having entrusted the task of giving notice to the household to Lord Thomas Percy, the Steward, he fled with a few men to the Castle of [Conwy] [Map]. Lord Thomas Percy, having gathered the household in the hall at [Carmarthen?] informed them of the King’s flight, and told them that the King had commended himself to them and thanked them for their long and good service, and that he would reward them, all and each, according to their merits, when fortune smiled more favourably upon him, God granting it. And therefore he advised them all to save themselves, to yield to the present time, and to make provision for themselves as best they could, knew how, and recognised as expedient. Then, breaking the staff of his office, he wept most bitterly, wishing that he had never involved himself in such responsibility.

Constituto ergo terræ gubernatore, Rex jussit parari naves, ut cum summa celeritate venire posset in Walliam, et Ducis Lancastriæ adventum in patriam prævenire, Sed Dei voluntate contigit, ut incideret Regi diversum propositum, eo certe tempore, quando fuerunt omnia parata ad navigandum; ita ut juberet equos et cætera necessaria, quæ jam in ratibus erant constituta, extrahi, et ad alium portum trahi. Sicque factum est, ut complerentur dies septem, priusquam iterum equos et instrumenta reliqua in navibus collocasset; quasi Deo disponente, ut Dux Lancastriæ tam fortis efficeretur, et instructus, ut Rex minime sibi nocere posset. Itaque Rex, tandem ascensis navibus, cum Ducibus Exoniæ, Albemarle, et Southereyæ, quos creaverat, aliisque multis proceribus, quos secum traxerat, Episcopis quoque Londoniensi, Lincolniensi, Karleolensi, aliisque nonnullis Pontificibus et prælatis, quorum unus extitit Abbas Westmonasteriensis, apud portum de [....] applicuit; ubi audiens de numerosa turba collecta cum Duce Lancastriæ, contra eum primo quidem pugnasse proposuit; sed quia meticulosus erat, et timidus, mutavit propositum, pro certo tenens quod plebs, contra eum conjurata, citius mallet mori quam cedere, propter odium quod conceperant contra eum. Commissa quoque commonitione familiæ facienda Domino Thomaæ Percy, Senescallo, fugit cum paucis ad Castrum de [....] Dominus Thomas Percy, adunata familia in aula apud [....], notificavit eis fugçam Regis, et ut Rex se illis commendaverat, et regratiabatur eis de diuturno bonoque ser, Vitio, remuneraturus onmes et singulos, cum fortuna prosperior arrisisset, pro meritis, Deo dante. Et ideo monuit omnes ut se salvarent, et tempori huic cederent, et pro semetipsis disponerent, ut possent et scirent melius, ac noscerent opportunum; fractaque virga sui officii, flevit amarissime, optans quod nunquam se tali sollicitudini miscuisset.

Note 1. Thomas Merke, died 1409. He had been appointed Bishop of Carlisle in 1397. He was named as one of the executors of King Richard's II will in April 1399, and had travelled with Richard to Ireland later than year. He was imprisoned in 1400 and deprived of his Bishopric.

Note 2. Treason and Death of King Richard II: "Thus King Richard passed the sea in a little time; for the weather was fair and bright, and the wind good, which brought him within two days to Milford. He did not stop there, considering the distress, complaints, and lamentations of the poor people, and the mortal alarm of all. Then he resolved, that, without saying a word, he would set out at midnight from his host, attended by a few persons; for he would on no account be discovered. In that place he clad himself in another garb, like a poor priest of the Minors, for the fear that he had of being known of his foes. Alas he thought that the earl was still keeping the field with his warriors, wherefore he rode hard towards him in sad and pensive mood. It is now right that you should know what friends he took with him into the country. I saw and observed the Duke of Exeter, and with him the good Duke of Surrey, who was loyal and true to his death, together with the brave Earl of Gloucester. Three bishops were also with them; two of whom, as you shall hear, were not [did not behave] like men of worth. But I will first tell you their names. One was the Bishop of Saint David's, and the other was [my] lord of Carlisle; he was the best of them; for he never would desert the good king, nor did he ever change his mind about it for any thing that was said to him. The third was the Bishop of Lincoln, who cared nothing [not a rotten pear] for all their doings, for he was the duke's own brother, and thought he could easily make his peace with him at any time. Of laymen there were two knights, right worthy in arms, valiant and bold. The first was named Stephen Scroope; the other Terriby, who was well made and active; they had also Jenico, who bore the character of a good soldier, for according to common report he undertook very great feats."