him the royall dignity to be king whether it were de iure or de facto that all the fame was voyde The like came in question in the first yeare of king Henrie the vij at the first Parliament by him holden and receiued the same resolution For the place doth so dignifie the person that all steine of former actes is cleane washed awaye and so the Queene of Scottes if shee might haue brought her practises to execution ment as these pleaders or rather plodders about delictum consummatū mean to haue escaped vnpunished Seeing than the lawe of England in case of treason is no other than Lex per omnes gentes diffusa the lawe spredde abroade through out all Nations by the which generally all the Nations of the worlde are gouerned kinges obeyed offences punished I thinke it appeareth to anie indifferent Reader vnto howe broken a staffe they leane that cite the lawe of Nations against vs. And whereas they adde farder that the lawe of Nature maketh for the Scottish Queene in this behalfe I take that obiection farther out of square than the other Of this lawe Tullie writeth very grauely in his booke of common wealth in this wise Cicero lib. 3. de republica Est verò lex recta ratio naturae congruens diffusa in omnes constans sempiterna quae vocet ad officium iubendo vetando à fraude deterreat There is a lawe which is reason it selfe agreeable to Nature imprinted in the hearts of all alwayes one and the same and wherof there is no ende which putteth euerie man in minde to doe his dutie by commaunding and withholdeth euerie man from doing wrong by forbidding Nowe is this Recta ratio to practise a Princesse death Rectaratio for a kingdome to thirst after the bloud of an innocent If this be no reason but a Counsell reasonlesse then what is more agreeable to reason than this that the Scottish Queene should haue that done to her which shee meant to haue done to our Soueraigne And what is more disagreeable to reason than that the Prince should not punish the intent of a Traitour vntill hee had murdered the prince and brought his wicked purpose to effect Is there any thing more absurde and vnconsonant to reason than for a kinge still to spare the Conspirator till the Conspirator hath made away the king Neither is this naturae congruens Naturae congruens agreeable to nature for a Prince to incite to counsell to promise a reward vnto subiects to kill their owne liege Ladie and Soueraigne For Florentinus saith Florētinus L. vt vini de instit iure ff that cùm natura cognationem quandam inter homines constituerit hominem homini insidiari nefas est seeing nature hath conioyned men in a certaine kindred it is nefarious for one man to destroy another And as this is vnnaturall and monstrous for a man to compasse the death of his brother so this is contrary and repugnant to nature for a man by all possible meanes not to defende himselfe For as Tully saith Cicero pro Milone Est haec non scripta sed nata lex quam non didicimus accepimus degimus verū ex natura ipsa arripuimus hausimus expressimus ad quā nō docti sed facti nō instituti sed imbuti sumus vt si vita nostra in aliquas insidias si in vim atque in tela aut latronū aut inimicorū incidisset omnis honestae ratio esset expediendae salutis There is a law saith he not written for vs but borne with vs which wee haue not learned receiued or read of other but which wee haue taken drawen and wrested from nature herselfe vnto which wee are not taught by other but borne by nature not instructed but naturally inclined that if our life shall fall into anie danger violence or weapons of theeues or enemies in that case euerie meanes to saue and succour our selues is both honest and commendable Silent enim leges inter arma nec se expectari iubent cùm ei qui expectare velit iniusta poena luendae sit quà m iusta repetenda For the lawes are silent among princes weapons neither do command that they should be regarded when he that hath regard vnto them must abide some vniust punishment before that any good meanes by them can be had to punishe the offendor And not onelie this to defend himself is according to nature but this is also to cut off euils in the first spring least by sufferance they grow so strong that hereafter when men would they cannot remedie them Further is added by Tullie Diffusa in omnes Diffusa in omnes that it is generallie receiued of all nations Constans that is constant Constans alwaies one and the same not variable either in respect of person place or time but to all persons and in all places and times it is one the same and like it selfe Sempiternall Sempi terna Quae vocet ad officiu m iubendo veiando à fraude deterreat which hath been from the beginning and shal continue the same to all succeeding ages that shall come hereafter whose propertie is inwardly to speake to a mans heart shewing what hee should followe and what he should forsake Now had the Scottish queene this warrant frō nature and did nature teach her to kill her Protector Or if her nature did so instruct her is this the conscience of all other and are these the defires of good mens heartes hath this been the practise of natures lawe which hath been from euerlasting and is alway to continue Nay since the lawe of Nature is imprinted in the hart of man and there sheweth what he should will or what he should intende whosoeuer doth not so will and so intend to doe as this law commaundeth he is not to be accounted an obseruer but a breaker of the lawe And therefore for them to appeale to the lawe of Nature for excuse of their euill purpose or dooing is eyther to make Nature repugnant to her selfe or to giue sentence against them for their euill intente Wherefore as these properties of the Lawe of Nature nothing make for the Scottish Queen but are wholely abhorrent from her endeuours for who dare say that such her complots are approueable by nature so they are a great warrant to her Maiestie when there is no meanes left to saue both than by the others death to prouide for the safetie of her owne person and her Realme For this Nature teacheth and the conscience within better than a thousande witnesses doeth warrant this hath beene the guise of all Nations other Princes haue doone it before and they that doe come after will doe the same And as the will that willeth treason is therfore culpable because it so willeth so is it likewise punishable if it bee knowne But in this case of the Scottish Queene there was not onely treason in her will and in her secrete
from her to the Queenes most excellent Maiestie allow and giue her assent to the same Neuerthelesse after the making of this acte and her sayde consent giuen therunto the monstrous conspiracie of Babington by her priuie consent and promise of rewarde for the murdering of her Maiesties sacred person and atcheiuing the crowne and diademe in full possession was practised and miraculously discouered Which I neede not heere particularly to deduce since there was a most honorable sentence giuen thereof by the most part and the most auncientest of the nobilitie since their proceedinges were declared to the whole body of the Realme assembled in Parliament of them receiued all allowance since both the houses often sued vnto her Maiesty that according to lawe iustice might be administred and since her highnesse at the great intreatie of her subiects suffered the sentence by Proclamation to be published it plainly appeareth that the intention of the lawe makers was that the lawe should reach vnto the Queene of Scots and to euerie other person whosoeuer being a Competitour of the kingdome Wherefore it is manifest that although this is statute law yet since it was the minde and intent of the makers that this lawe shoulde reache to the Queene of Scots that by offending she is made subiect vnto it Neither is the statute lawe heerein repugnant in substance to the lawe of Nations howbeit there bee some difference in some matter of circumstaunce but the same agreeth with the lawes both ciuill of Nations in substance which generally do inflict the penaltie of death vpon euery one that is a worker of treason Besides if the statute lawes of England wil bind the king himself for any matter within his realme when the intentiō of the makers of the law is such as it is verie plaine and cleere without all controuersie that it doth shall not a statute law bind the queene of Scots especially for mattter perpetrated within the realme And as touching the said statute of the 27. shee could not pretend ignorance for that she had vnderstanding of it nor alledge a mislike therof for that by her voluntarie subscription she had approued it nor except against the seueritie of the law because it is agreeable both to the ciuill law of the Romanes also to the law custome of her owne countrie and therefore it may be said to her Non potest quis improbare quod ipse approbauit a man may not bee contrary to himselfe in disalowing that which himselfe hath allowed Also Patere legem quam ipse tuleris suffer the same lawe which you haue made your selfe Shee meant death to the queene of Englands person let her not therefore mislike if the queene of England doth minister the like measure to her person for as it hath been neere fifteene hundred yeeres agoe trulie written Non est lex aequior vlla Quà m necis artifices arte perire sua No iuster lavv can reason craue Thē seeking death the same to haue Also it is a rule of the ciuill law grounded vpon the law of nature Id debet cuique placere in sua persona quod placuerit in aliena that euerie man ought to like that in his own person which he would haue done in the person of another neither doth the priuiledge of dignity in the person alter the nature and qualitie of the offence in case of treason howsoeuer it doth in other cases as before I haue sundrie wayes confirmed The 4. obiection THE fourth obiection made against the sentence and excution of the Scottish queene is another exception taken against the law of the lande because in the case of treason it punisheth as seuerelie the intent as the deede the minde in conspiring as the hand in executing for thus they reason It is both against the lawe of nations and the law of nature howsoeuer it bee according to the lawe of your lande to put a queene to death for a bare and naked intent an imagined treason be it neuer so haynous when there followeth no hurt For whē her desseines neither did nor could hurt the Queene of England as neuer hauing their intended effect what reason is it to punishe a fancie and feare of treason with so great a punishment as death The Aunswere TO this I make this aunswere that the lawe of England heerein inflicteth none other punishement for treason than the ciuill law and law of nations throughout the whole world commandeth vseth and practiseth The ciuill law hath these wordes Eadem seueritate voluntatem sceleru quae effectum puniri iura voluerunt L. quisquis C. ad L. Iuliam maiestatis the lawes will haue him that conspireth treason to be punished with the same seueritie as him that doth commit it Againe not onlie in the case of high treason but also in omnibus atrocioribus delictis punitur affectus licet nō sequatur effectus in al criminal offences of the highest degree the affect is punished although no effect follow And this lawe hath not only been so obserued generally in all nations aboue twelue hundred yeeres past but there was many hundred yeeres before Christes time in casu perduellionis in the case of treason committed against the state the like law called lex 12 tabularum established 12. Tabularum ff ad L. Iuliam maiestatis which inflicteth death for the will and intent of treason And therefore the said two Emperors Arcadius Honorius in their cōstitution made against treason said not volumus D. L. quisquis ad L. Iuliam sed sic iura voluerunt the lawes were so before their time But to say that there ought in offences of the highest degree no punishmēt to ensue vnles the act were consummate were most against law for two speciall causes The one for that such hope of impunitie would encourage malefactors to practise most daungerous and audacious attempts against kinges and common weales Secondly if they stay to punish till the fact be done the losse will be irrecuperable and the offence as this case is in a competitor though most haynous dispunishable For in this case in question the death of her Maiestie whom God euer preserue being taken away all commissions and magistracies for iudicial places should cease so that this being contriued by a cōpetitor to the kingdome as the Queen of Scots by open and expresse accord hath often declared herselfe the same offence by the accesse or taking vpon her the crowne and dignitie should by lawe be purged and the competitor cleared For king Henrie the sixt after the ouerthrowe giuen him by king Edwarde the fourth was by act of Parliament disabled from his crowne and dignitie And yet afterwardes the saide king in his redemption helde Parliament and in the same the question did growe whether there needed any reuersall of the saide former acte made against the sayde king It was resolued that no reuersall was needfull but ipso facto that the sayd king Henrie the vj. tooke vpon
A DEFENCE OF THE HONORAble sentence and execution of the Queene of Scots EXEMPLED WITH Analogies and diuerse presidents of Emperors Kings and Popes With the opinions of learned men in the point and diuerse reasons gathered foorth out of both Lawes Ciuill and Canon Together with the answere to certaine obiections made by the fauourites of the late Scottish Queene Vlpians Maxim Juris executio nullam habet iniuriam The execution of Lawe is iniurious to no man AT LONDON Printed by Iohn Windet The contents of the booke 1 The first Chapter conteining an Analogie or Resemblance between Ione Queene of Naples and Marie late Queene of Scotlande 2 The seconde chapter conteining an other Analogie or Resemblance betweene the Emperor Licinius and the said queene Mary 3 The third chapter conteining certaine presidents of sundry Emperors kings that haue in some case put other princes vnto death 4 The fourth chapter conteyning the actes and iudgementes of sundrie Popes which haue approued the death of some Princes 5 The fift Chapter conteining a confirmation of the honorable sentence execution past against the late Scottish Queene by sundrie reasons and authorities gathered foorth of the Ciuill and Canon lawe 6 The sixt chapter conteining seuerall aunsweres to seuerall obiections lately made against the said sentence 7 The seuenth chapter wherein is prooued that in two especiall cases the drawing of the sworde of one Prince against another is not onely lawfull but most necessarie 8 The conclusion vpon the sum of the saide Chapters AN ANALOGIE OR resemblance betweene Ione queene of Naples and Marie queene of Scotland IOne queene of Naples being in loue vvith the duke of Tarent Collmitius lib. 5. in historia Neapolitana Petrus Mexia in vita veâ—celai Historia blondi Epitome pij secundi caused hir husband Andrasius or as som terme him Andreas king of Naples vvhom she little fauoured to be strangled in the yeare of our Lord God 1348. Marie Queene of Scotland being as appeareth by the Chronicles of Scotlande and her ovvne letters in loue vvith the Earle Bothwell Author de nuptijs Mariae Bucchanan in historia rerum Scoâ—icarum Hir casket of letters were deliuered to the Lordes out of Edingburg castle by lames Balford one of the conspiracie against the king See the detection of the doings of Mary Queen of Scots c. and the inditement of Bothwell other like printed in Scottish caused hir husband Henrie Lorde Darley king of Scotland vvhome shee made small account of long time before to be strangled and the house vvhere he lodged called Kirk of fielde to be blovven vp vvith gun povvder the tenth of Februarie in the yeare of our Lord God 1567. 2 Jone queene of Naples did presentlie after the shamefull slaughter of her husbande Colinutius lib. 5. pag. 216. Petrus Mexia marrie vvith the saide Duke of Tarent notvvithstaÌ„ding that they vvere ioyned in kinred neere togither Marie Queene of Scotlande shortly after the villanous death of her sayde husband Author de nuptijs Mariae Buconan fol. 190 191. lib. rerum scoticarum 18. vvas publikely married at Sterling by the Bishop of Orkney to the said Earle Bothwell notvvithstanding that he had then tvvo vviues aliue Also the detection aforesaid and the scotish monuments and vvas diuorsed from the third called dame Iane Gorden vpoÌ„ a likely adulterie by himselfe committed 3 Ione Queene of Naples had no long fruition of her inordinate lust and infamous marriage vvith the saide Duke of Tarent Colinâ—tius lib. 5. pag. 216. 218 for he being therfore detested of all the countrey pined avvay shortly after vvithimmoderate venery thought Marie queene of Scotland after that adulterous marriage had vvith Bothwell Buconan fol. 199. â—95 lib. 18. 19. did but a small time enioy him for the Nobilitie and the commons rising in armes against them put theÌ„ both to their seuerall shifts first Bothwell to flee into Denmarke and not long after that the saide Marie into England the vvhich Bothwell liuing or rather languishing in prison and like a banished and consumed man had there nothing so comfortable to his guiltie conscience as present death vvhich there also aftervvard ensued 4 Ione Queene of Naples raised a detestable scisme and diuision in Italie and Fraunce Colinutius lib. 5. Mexia in vita Vencelai Platina in vitae Clementis v. vita vrbani 6. by reason of tvvo Popes at one time Vrban pope at Rome and Clement pope at Auinion Marie the Scottish queene did sovv the seede of scisme and sedition B. rose at his examinution 26. octobris 1571. both in the church of England and of Scotland by the meanes of three Popes Pius most impious to her Maiestie Gregorie the xiij and Sextus the fift novve Pope His book called the discouerie of the Scottishe Queenes affaires in England fo 20. Her letters to the B. of Glosco written in Cipher dated 6. Nouember 1577. Her letters to French Spanish Ambassadours vvhich vvhat vvith the brutish bull vvhat vvith sundry thuÌ„derbolts of excommunication purchased by her meanes and her ministers vvhat vvith dispensations giueÌ„ to all those that vvould in her fauour rebell against the Queene our Soueraigne Ladie haue not onely sought to vvithdravve the hearts of her Maiesties euill disposed subiectes from their naturall loue due obedience but also haue bene the impulsiue and principall cause of all Scismes and other vnnaturall dissensions vvithin her Maiesties kingdoms and dominions Ione Queene of Naples Petrus Mexia in vita Vencelai sent to the Pope of Auinion called by many historiographers Antipope Clement a Pope of her ovvne facture fashion to vphold and defend her quarrell against Charles forces vvho by reason that he vvas Nephevve of Lewes king of Hungary sonne according to some vvriters or as some say next of kinne to Andreas or Andrasius her first husband king of Naples by her murdered vvas Competitor vvith her in the said kingdome Collinuti us lib. 8. pag. 215. 224. that by the title of Robert king of Naples her grandfathers testament also by kindred Marie of Scotland sent many times to the Popes of Rome not so much for the defence of her self and her sonne in the kingdome of Scotlande Rudâ—lph an Italian merchaÌ„t her messenger in this behalfe B. Ros his letters confession 26 Octob. 1571 Her letters to B. of Glasco Her letters to euerie of the Ambassadors French Spanish Her letters to Morgan her agent in France and his letters to her Her most spiteful letter to the English and Scottish banished men beginning If euer Prince Iohn Hameltons letters to her 6. Iulij 1571. the Duke of Aluas message sent by him B. Rose letters emploiment by her in Germaniâ— Father Henrâ—eâ— message from her to the princes combined for the contribution towards the inuasion of the Realme and putting her in actuall possession of the same as vvhich is far vvorse to the
sonne Conradine put to death by king Charles the vvhich being yong and not able to make resistaunce left his countrie vnto Manfrede the vvhich Charles Earle of Aniew Prouence the French kings brother at the request of the Cleargie of Italie manie yeres after subdued conquered and there beeing chosen and crovvned king of Naples in his daies Conradine being grovven to yeres and desirous of his fathers kingdome by his father giuen him much holpen and furthered by the personall presence of manie great princes hee entred the countrie in vvarlike maner vvhere he vvas taken prisoner and after tvvelue moneths imprisonment by the opiniō of the best learned in the lavve in open iudgement hee vvas condemned and publikelie vvith manie his confederates hee vvas commaunded by the same Charles to be executed So vvhen Lewes king of Hungarie vvas consulted by his nephevve Charles King of Naples Collinutius li. 5. vvhat hee vvere best to doe vvith Ione Neapolitan Queene than his prisoner An aduise of a king for a queene to be put to death hee sent tvvo noble men vnto the said Charles vvith this determinate ansvvere aduise that she should be brought to the same place vvher she strāgled her husband there to be strangled in like maner her selfe ¶ The iiij Chapter conteining the Actes and iudgements of sundrie Popes which haue approued the death of some princes BVT to leaue the examples of kings and to come to Popes vvhose acts vvill better serue to satisfie some mens humors than all the Presidentes of Kinges and Emperours be they neuer so godlie Thēselues say a Pope may erre in maners but not in iudgement if Popes cannot erre as Popes doe affirme than Pope Clement the fourth his example vvere able to persvvade in this case euen Pope Sextus Quintus himselfe novv Pope of Rome although he be one of the chiefe pillers and patrones of the Scottishe Queene A iudgement of Clement of putting a king to death Colimutius in historia Neapolitana lib. 4. pag. 186. Henricus Gildifingensit in historia Austriaca for that the said Clement deliuered for lavv in Conradine the king of Sicelie his case that because he had compassed to take avvay the life of Charles the king of Naples it vvas both lavvfull and expedient for the saide Charles to put him to death An other example of a Pope And taking vvith vs the said Popes ground and maxime that Popes cannot erre a second example vvill serue of an other Pope called Boniface vvho put to death the Pope Celestine vvhom hee had in prison for a lesser cause a great deale then that of Conradine Collinutius li. 5. Vide Cornelium Agrippā de vanitate scientiarū c. de eccles magigistratibus de tribus mirabilibus Bonifacii Metuens as the history setteth dovvn in expresse termes ne ob singularem pietatem ad pontificatū denuo reuocaretur that is because hee feared that Celestine the olde Pope vvould for his singular vertue bee called to his Popedome againe thus did Boniface not for anie treason practised against himselfe but for feare of loosing his liuing put Celestine a good Pope to death And because the Pope in creating of Cardinals Cardinals in their creation Popes felowes Gigas de crimine laesae maiestatis Iulius clarus receptarum sententiarum lib. 5. calleth them the Princes of this vvorlde and his brethren part of his body making therfore the crime of treason called crimen laesae maiestatis to lie in offence done to their persons asvvell as to himself as is by Gigas and Iulius Clarus affirmed I thinke the iudgement of Pope Vrban the sixt may be conioyned vvith that former president of Boniface the viii vvho hauing gotten viii Cardinals in prison did for the preseruation of his ovvne person as hee did pretend cause fiue of them to bee put in sacks and being therein fast bound to be cast into the sea Pope Vrban put to death 8. Cardinals for preseruation of his owne person Collinutius li. 5. the other iii. being conuicted at Genua in open iudgement he caused to be beheaded and their bodies to be dried in an ouen and to bee carried vvith their three purple Hats borne vp before him A strange crueltie of a pope vpon dead bodies of his owne felowes vvhen hee vvent any vvaies foorth to the intent that this mought bee a terror vnto all other that shoulde contriue anie thing against his holines And least anie Romane Catholike shoulde thinke that it is an vnchristian part to put a christian Queen to death I giue him the same Pope Vrbans action for his instruction vvho vvhē the svvord vvas brought al blooddy vnto him Collinutius li. 5. vvith the vvhich Charles king of Naples nephevve to Lewes king of Hungary vvas by treacherie murdered at Buda in Hungarte not vvithout the due punishment of God inflicted vppon the murderers and their abbettors for the same hee allovving the facte A Popes allowaunce of the treacherous murdering of a king handled the saide svvorde so embrued vvith bloud in his hande and tooke great pleasure in beholding of it If a Pope made allowance of so treacherous a murder of a good king what disalowance is there to bee made of a iust and honorable sentence giuen of a tumultuous Queene And yet this is that Pope Vrbanus minime Vrbanus Platina in the life of Vrban the vi Collinutius li. 5. Mexia in the life of Vencelaus as Platina saith vvhich not long before did aduaunce the sayde Charles vvith all the blessinges and aide that he could in his title claim against the said Ione to the kingdome of Naples pronouncing his curse against her as a scismatike and rebell and that notvvithstanding he aftervvards fell as fast to the cursing of the saide Charles Collinutius li. 5. because he vvould not create one Bitillus a bitelhed and verie levvde person the saide Popes nephevv to be Prince of Capua Lord of Dirachium in Dalmatia These fevve examples vvhere kinges Emperours and Popes haue put other princes of like condition to death may serue in case of the Scottish Queene to persvvade any man that is not too too farre distempered in his iudgement especiallye seeing the practises of these vvhich for their treasonable demerites vvere put to death are far inferior to this her most horrible and treacherous conspiracie and that there can neuer be one historie or example shovven in such villanie cōparable to this vvhere a Queen hath had so many times her honor and life preserued vvhen her ovvne subiects vvere in armes against her in Scotlande vvhē her Nobilitie for the murdering of the king her husbande craued her death by Iustice in England vvhen the nobility and commons of England for nevv and fresh conspiracies and by her often reiterated against the Queenes Maiestie and the good estate of the land haue againe and againe earnestly requested both in open Parliaments and els vvhere due execution of
vaine the benefit of the lawe that doeth offend against the lawe So is the Queenes Maiestie in her gratious Realme a sanctuarie to euerie king that commeth within the same vnder her highnesse protection vntill he committeth a capitall delict and offence against the same and than vpon the reason of the foresaid lawes he looseth the benefit priuiledge thereof like as the benefite or priuiledge of safeconduit is lost when after the safe conduit graunted any crime is committed but for a farder confirmation of the premisses we shall speake more at large in the next chapter The sixt Chapter containing an aunswere to certaine obiections latelie made by certaine fauorites of the Queene of Scottes FOR asmuch as some partiall and euill affected Aliens and some hollow and dissembling subiects will perhaps in this honourable and iust action maligne the proceedings of the whole Parliament and the sentence and execution thereuppon I thinke it not amisse to meet with some of the best of their Arguments the which at the first showe might seeme to crosse or controll their doings The first obiection The first obiection is That Par in parem non habet imperium that is an absolute Prince ouer and against another absolute Prince hath no iurisdiction or soueraintie And this was by Prince Conradine a Prince more skilfull in feats of warre than in points of law Collinutius lib. 4 hist Neapolit obiected vnto Barius king Charles his Prothonotarie after that he had read the sentence of death giuen against him The like argument doth Matheus Parisiensis alledge in king Iohns case Parisiensis Monachus in sua historia whē the French king wold haue sentenced him for the Dukedome of Normādie Vpon the which maxime or rule it is inferred that forasmuch as our Queen Marie of Scotland were both Queenes and of egall power and authoritie that the one can haue no such power to sentence or punish the other The Answeare For aunswere it may then trulie and iustlie be said that whatsoeuer showe this argument maketh in apparance yet it is nothing at all in substance For to let passe that which is much doubted of by many whether the Scottish Queene were at the time of the sentence giuen Queene of Scotland or no seeing by the three estates of Scotlād she was disabled To omit also that shee relinquished long time before all her right title and interest in the same realme if she had any to the Lord Iemie her sonne now king of Scotland To passe ouer in like maner how euident a thing it is and most notorious that the kinges of Scots haue been feudataries and done homage vnto the kings of England See Hall and Foxes historie reg 4. William Conqerour malconib Edward 1. Richard 2. and haue appeared in person in Parliament at Yorke and had the place of the first Peere in England whereby it may bee inferred that the Scottish Queene was no absolute Queene but had respect was inferior to the crowne of England if we should graunt them all this for dispution sake that shee was still Queene of Scotland and farder that she was an absolute Queen what than what can they infer of this doth equalitie in dignitie giue supreame power and soueraintie in the kindome of England This her soueraintie hath vndoubtedly a necessarie relation to her owne subiects the Scots and kingdome of Scotland not vnto the English and realme of England albeit I do graūt here for argument sake more than may doe to wit that she was still a Queene in dignitie Thomas Grammaticus yet I may right well deny her to be a Queene in soueraintie for she left all her soueraintie behinde her and became a priuate person and no soueraine at what time shee came from Loghléuen castle in Scotlande to the castle of Cokermouth in Englande And this point may soone be tryed by sampling the same in an other Princesse comming into anie forreine countrey If the King of Spaine should come into Fraunce although perhaps the French King mought take him for his brother in the sence of the Poet fratrum concordia rara yet I doubt he would not take him there for his fellow Lucan Tullie in his booke of dutiess Omnisque potestas impatiens consortis erit there is no kingdome that will abide a Copartner D D in l. est receptum f. de iurisd omnium Iudicum And as Tullie saieth Nulla sides nec sancta societas regni est There can be no firme faith nor holy societie of a kingdome ouer and aboue that euerie Prince in his owne principalitie is the greater c cum inferior de maior obed and it is an infallible rule that euerie Kinge out of his owne kingdome is no more but a priuate person Lapus in allegat xcij. Preses saith Paulus in suae prouinciae homines tantùm imperium habet hoc dum in prouincia est I. preses f. de officio presidis nam si excesserit priuatus est A president hath souerainty onely vppon the subiectes of his owne prouince and that whilest he is within his prouince but if he goeth forth of it he is a priuate person Vpon the conclusion of which lawe there grew amongest the learned this question Baratolus lib. 12. de dignitatibus c. whether a Kinge passing thorough or resiant in another kinges Realme and dominion mought make anie of his subiectes knightes and some helde opinion that he could not for that he had not there merum imperium supreme power and soueraintie but Regiam duntaxat dignitatem that is only the honour and dignitie of a king Other resolued thus that albeit in this case hee had no such soueraintie in him yet bicause this act was not cōtentiosae iurisdictionis of a cōtentious iurisdiction as when sutes passe in the kings cōsistory between party party Iason Alexander in L. extra territorium de iurisd omnium iudicum but iurisdictionis voluntariae of a iurisdiction voluntarie such as passe vpon pleasure before himselfe they were of opiniō that he myght make knights like as one Bishop may approue willes and confer orders in the Diocesse of another Bishop because the same is iurisdictionis voluntariae of a iurisdiction voluntarie but that a king in another kings dominiō or a Bishop in the diocesse of another Bishop hath merum imperium or soueraigntie that can neuer be showne but the quite contrarie Neither only is euery one in his owne territorie chiefe and greater than an other who in other respects notwithstanding is many wayes greater than himselfe but also he may punish there such a person greater than himself offending in his territorie insomuch that an Archbishop by a Bishop in the Bishops own territory an Emperor by a king in a kings dominion and countrie and a king by a Magistrate of a free Citie may there be punished for his offence Neither doth the rule Par in parem take anie place