the whole realme were no mercy at al but a pitilesse crueltie For as S. Austine saith Sicut est misericordia puniens ita est crudelitas parcens as there is mercie in punishing Augustinus ad Marcellum so there is crueltie in sparing which by many presidents of sundry princes may be showen For Salomon vnto whome for wisedome no Prince was euer comparable when he considered what was intended by his brother Adonia who yet thirsted and longed for his crowne making a conscience to endaunger the life of his subiectes the which assuredly had followed if either Adonia 1. Regum 2. or any for him had taken armes without any farder processe hee commaunded him to be taken and slaine So did the vertuous and most mercifull EmpeÌ„rour Constantine Eusebius Mexia alii vpon the like feare of a newe insurrection and destruction of his people take away the life of the Emperour Liâ—â—nius So did king Henrie the 5. after his glorious victorie ouer the French at Egincourt Grafton in his Cronicles on the raigne of H. 5. shewe great clemencie vnto the persons that were taken but when his tentes were spoyled and he iustly feared a newe assault then contrarie to his accustomed pitie he commaunded euerie man vpon paine of his life to kill his prisoner for then to haue spared them beginning a seconde fight might haue turned to the destruction of him his whole armie And therefore least a prince might seeme to honour one aboue the safetie of his people and to leese the heartes of his loyall subiectes by not hauing care of them and their posteritie least the massacring of them be reputed his fault and God require their bloud at his hand least by his conniuencie he should embolden the hearts of the wicked and cause his subiectes to take part with the enemie hee may well conclude as in the like case did Cicero Natura me clementem sed patria seuerum fecit Tullie contra Catelinam Nature made me pitifull but the loue of my countrey hath made me cruell Pereat Absolon viuat Israel The Conclusion WHerefore let all the world witnesse and the consciences of good men which without all partiall affection in the singlenes of their hearts follow fauour a truth what the Prince and people of England for the glory of God and furtherance of his truth for the safegard of her Maiestie and preseruation of their estate either could or should haue done rather than this by the death of one troublesome and treason-working person to haue redeemed the quiet and safetie of themselues For since shee hath taken on her the armes and title of the crowne of England and refused to repeale her doings being thereunto sollicited since she hath been the ruin of many worshipfull houses and cause of the destruction of some of the Nobilitie Since she incited the rebels of the North to leauie open warre against her Maiestie and releeued them being fled by her friends in Scotland afterward by the Pope who through her procurement sent to their reliefe in Flaunders 12000. crownes Nay since not coÌ„tent with al this she hath laboured by her letters and ministers sundry forreine princes to inuade this realme the pope Spanish king with sundry coÌ„bined coÌ„federed haue a long time intended in part haue practised and are now in some readinesse to performe the same Since her feed seruaunt Morgan practised with Parrie to murder our Soueraigne shee after shee knew it yet fauoured maintained him still Since by her priuitie consent and direction Babington with his companie woulde haue killed her Maiestie she promised to reward their doings in them or if they miscaried in their posteritie Let kings princes all nations of the earth witnes whether euer so many so moÌ„strous so horrible treasons were committed by a prince a woman and that against the Lords annointed in her owne realme and if they were yet that euer they escaped vnpunished And heere although so many impieties do call for vengeance and commaunde by Gods lawe euery Magistrate to iustice so high a trespasser yet see vpon pitie rather than pollicie hoping for amendment rather than looking for a newe conspiracie not harkening to the manifold requestes of her humble loyall and most louing subiectes her maiestie continued her a troublesome Ionas in the shippe of Englande still yet notwithstanding after since the gracelesse mindes of malecontented subiects could not so be satisfied nor her Maiesties great clemency could worke in them a conscience of their dutie but like nettles the gentler they were handled the more they stinged Since after her condempnation published the Scottish Queenes fauorits yet againe and againe practised the death of her Maiestie Since the Pope for her sake hath cursed our soueraine and his seedes men teach that the Queene is no Queene if the Pope depose her Since they haue encouraged her euill minded subiectes to moue rebellion like vipers brood to gnaw out the wombe of our common mother Since her fauourites concluded at home that which was consulted abroad is of late confessed by them to inuade our Realmes ouerrun the lande spoyle the Cities massacre the subiectes destroy her Maiestie and together with religion to make a change of the gouernment that is now amongst vs nay to subiect vs all our goods lands liberties children posteritie to the slauerie and tyranny of the Spanish and forraine power Since the whole Realme assembled in ParliameÌ„t made their many and humble petitions vnto her Maiestie as specially interressed in the matter being the bodie of the same common wealth wherof her Maiestie is the head by taking away one to deliuer them all from their present feares future daungers Sithens her Maiestie was moued by remembrance of her oth than solemnely taken wheÌ„ she was inuested in her crown to distribute iustice equally to all and to defende her Realme people crowne and dignitie from the pestilent vnderminers subuerters of the same sithens the matter grew so daungerous came to that extremitie that either her Maiesty must iustice sentence the Scottish Queene or must hazarde the losse of her life the disturbance of the common peace the conquest of her countrey the losse of the loue heartes of her subiectes without which no Prince can well gouerne or kingdome stande Sithens the like sentence and execution of life and death as the Scottish Queene hath receiued is testified confirmed and warranted by the testimonies reasons examples of so many Emperours Kinges and Popes Since no lawe will saue so high a trespasser but the law of Nations of Nature and of euery kingdome and countrey would inflict death on so great offenders Sithens the like sentence and execution haue been practised and put in vre by godly and Christian Princes and that vpon consultation disputation and resolution of the cause by learned men of the lawe Sithence the statute lawe of euerie kingdome where the intent
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
the eternall and Almightie Lorde of his vnspeakable and accustomed goodnesse by a myraculous discouerie preserued the same The second Chapter containing a second Analogie or Resemblance betvveene the Emperor Licinius and the said Marie Queene of Scotland A second president much resembling the case in question is offered vnto vs from our countrieman and most Christian Emperor Constantine the Great who commaunded the death of Licinius the Emperor and yet this act was neuer controlled by any writer The Historie AFter that Constantine had taken in open hostilitie Licinius consort with him in the Empire Eusebius Socrates Sozomenus Sigonius de imperio occidentali Mexia in vitis Constantini Marentii Licinii who fauoured the Heathen persecuted the Christians and came in armes to violate his person yet at the request of Constantia his sister wife to the said Licinius he spared his life bound him to remaine at Nicomedia in the Prouince of Bithinia But when afterwards Constantine was enformed that the saide Licinius attempted a new insurrection and was to that purpose confedered with other Princes Constantine the Emperor put to death his Colledge Emperor Licinius and neuer controuled therefore and sought to flee away from the place appointed than did he foorthwith commaund the said Licinius to be put to death in the xv yeere of the said Constantines raigne when hee was lx yeeres of age and in the yeere of our Lord God 377. The comparison and resemblance betweene these two cases is verie like First Constantine and Licinius vvere both chosen Lordes and Princes of the Empire So Elizabeth Queene of England and Marie Queene of Scotland vvere both called to the state of kinges in the yle of Britanie The Empire of Britanie diuided into two kingdomes as the Empire in Constantines time was into two Empires although in diuers distinct kingdomes and therfore the doinges of Licinius mought seeme to haue more colour of right to the Empire than Mary of Scotland to entitule herselfe in this Realme Marie queene of Scotland but a titularie queene Kings of Scotland haue been feudaturies done homage to the kings of England beeing also but a titularie Queen in her ovvn land as it appeareth by the Chronicles and by auncient recordes her Progenitors haue done homage for their kingdomes to the crovvne of England Licinius notvvithstanding manie princelie benefites receiued at the Emperor Constantins hands Eusebius Socrates insomuch that he vvas aduaunced by him to the mariage of his ovvne sister Constantia vvhich descended from a princelie progenie of kings yet contrarie to his oath and promise like an vngratefull man he became a professed enemie to Constantine Marie of Scotland albeit shee receaued manie great fauours at the hands of Queen Elizabeth in sauing both her honour and life Scotland in an 1568. England 1◠reg Eliz. vvhen she vvas so earnestlie pursued by the Lordes and the commons both of Scotland and England yet like an vnthankfull person shee did shevve her selfe contrarie to her vovved promise an apparant enemie to the Queene of England Her letters to the B. of Glascon to B. Rose Morgan and Mendoza Licinius vvould alone haue bin Lord and prince of the Empire by the remoue of Constantine So Marie vvoulde bee the onelie Queene of Britanie Diuers books and pedegrees published by her agents and fauorites to that effect Resignatio facta 1567. Vide Buconanum fol. 196. And Holingsheds Chronicle fol. 388. and not onlie abandon her ovvne sonne from the kingdome of Scotland after that she had resigned the same vnto him but also expell her Maiestie Queene Elizabeth from her proper vndoubted kingdome of England Licinius vsurped an vniust title calling himselfe the vniuersall Emperor So did Marie of Scotlande giue long since In the booke called Expositio cansarum And she did it at her entrie into Poitiers in Fraunce and would not be reduced from the allowing of the same in all her proceedings ouer since both the title and armes of England vsurping therein the roiall state of her Maiestie and crovvne of England Licinius came not vvillinglie vnto Constantine but by force of armes vvas taken at Chrysopolis a Citie vvithin the prouince of Bithinia and brought to Constantine Marie of Scotland came not vvillinglie into the lande and dominion of our Soueraigne Queen Elizabeth Hollingsheds Chronicle fol. 392. but being encountred vvith her nobilitie enforced to leaue the field came by boate into Werkington Hauen in the vvest marches of England Licinius had his life once pardoned for open hostilitie against the Emperor Constantine Mexia in vita Cōstantini ca. 1. Eusebius Socrates Sozomenus Marie of Scotlande hath had her life spared for murdring her husbād also for hostilitie and treason practised against Elizabeth Queene of England 13. regni Reginae Elizabethae published in Parliament Licinius although pardoned Mexia cap. 10. Socrates lib. 1. cap. 2. Sozomenus lib. 1 cap. 2. yet vvas not too far trusted by Constantine but first cōfined to Nicomedia aftervvards to Thessalonica and there had a noble gard about his palace and person Marie of Scotland Iustlie mistrusted for giuing the armes and title of England and refusing to ratifie the treatie of Edingburg and afterward for procuring the rebellion in the North and manie other treasons since she had for her abode Carlile castle Bolton Castle Sheffeld castle all at the Queene of Englands great charges and expenses and great fauours vvas vpon most iust cause mistrusted and therefore confined to certaine statelie houses in England there had princely maintenance and an honourable gard attending her person Licinius did seeke to flee avvay from the place vvhereunto he vvas enioyned Marie of Scotlande did manie times practise the like in England Confessed by her before the Lords at Fodringa castle Licinius did treat vvith diuers princes and captaines to make nevv vvarres against Constantine Marie of Scotland did not onlie practise vvith diuers princes The practise of bringing in of forces cōfessed by her before the Lords Noblemen and others to bring in forreine forces into the Realme of Englande The rest confessed by Babington Ballard and other of that conspiracie and most horrible treason but also did conspire and contriue vvith euil disposed subiectes to England the chaunge of the state the ouerthrovve of religion the death of her Maiesties sacred person the massacre of the nobilitie and an vniuersal desolation of the vvhole Realme To conclude Mexia in vita Constantini ca. 1 Socrates Sozomenus in the foresaid places Licinius for endangering againe Constantines person and seeking by nevv troubles to aspire to the Empire like as Maximinianus before had done vvas by the appointment of Constantine adiudged to die Marie of Scotland hath giuen far greater cause to our Constantine Elizabeth Queen of England to fear nevv conspiracies both against her Maiestie the state of the vvhole realme like as the said
of the lawe makers is such doth binde aswell the king himselfe as euery other king comming within offending in that iurisdiction Since the Queen of Scots by her delict manifold offences made herself so fubiect to the lawes of this countrey as if she had actually consented to them What man of reason in whom there is any naturall loue to his countrie or apparance of an honest man would not counsell by iustice to remoue the Scottish queen the very plague calamity of our countrie the very ground-worke chiefe impulsiue cause of all these treasons conspiracies the hope of disconteÌ„ted subiects the very cause for whoÌ„ the Pope thundereth keepeth this stir for whoÌ„ so many monsters haue aduentured theÌ„selues to destroy her Maiestie for whose sake other pretende to haue iust cause offered to inuade this land To conclude since that mercy is without mercie that spareth one to the spoile of so many since to do iustice on the offender cannot be but honorable God is well pleased in the punishment of the wicked since there was no hope of reconcilement with one which deadly hated and was still aspiring to the present possessioÌ„ of the kingdome since there was no remedie left but to iustice her or to liue in continuall feare of being daily murdered many attempting since her sentence published to destroy her Maiestie Since many good princes haue redeemed their safeties with the death of other and there is no iust place or cause left to her of complaint that is so dealt with as shee woulde haue dealt with other Let other princes and people of the earth make the queene of Englands case their case the state of England the state of their countrie than I doubt not but as England hath done so would they haue done and as England is right sorie that such treasons were committed so would they sorrow if they escaped vnpunished FINIS Errata In the first chapter IN the 3. page in margine examinution for examination In the 5. pag. maintenatce for maintenance 6. pag. in marg letters imploiment for letters of imploiment Ibid. Petrus exea for Peâ—â—us Mexia 8. pag. laly for Italie In the 2. Analogie First pag. by any writer for by any good writer Ibid. in margine marentij for maxentij 2. pag. in marg colledge for collegue 6. pag. in fine to England for of England In the 3. chapter Sixt pag. that than postested in the kingdome for that than were possessed in the kingdome Ibid. pag. Conradine king for Conrade king prisoned for poysoned hee bequeathed for who bequeathed Ione Neapolitan Queene for Ione the Neapolitan Queene In the 4. chapter In marg 2. pag. of putting a king to death pro for putting a king to death In the 5. chapter second pag. presciencie for prescience Ibidem made in the same effect for to the same effect 3. pag. than being kept close prisoner for than this to bee kept a close prisoner 4. pag. an offence giuen in the highest degree for an offence committed in the highest degree 3. pag. therein adding without comma therein in the time of Embassie for in the time of their Embassie In the 6. chapter And is a law for it is a law Fardinand Vaskins for Vaskius to the 3. obiection her priuie consent for her priuitie consent and promise to the 4. obiection expresse accord for expresse action In the 7. chapter in vita Conradini for vita Conradini Anthony Babingtons letter to the Queene of Scots MOST mighty moste excellent my dread Soueraigne Lady and Queene vnto whome Onely obedience to the Queene of Scots â—rgo not to the Queene of England onely I doo owe all fidelity and obedience It may please your gratious Maiesty to admit excuse for my long silence and discontinuance from your duetifull office incepted vpon the remoue of your Royall person from the auncient place of your aboade to the custodie of a wicked puritane a mortal enemy both by faith and faction to your Maiesty and state Catholike I held the hope of your countreyes The weale of the realme to depend vpon the Queene of Scots weale depending next vnder God vpon the life and health of your Maiestie to bee desperate and thereupon resolued to depart the land determining to spend the remnaÌ„t of my life in such solitary sort as the wretched miserable estate of my countrey did require only He expected the confusion of the realme expecting according to the iust iudgement of God the deserued confusion thereof which the Lord of his mercy sake preuent the which my purpose beeing in execution and standing vpon my departure there was addressed vnto me from the parts beyonde the seas one Ballard the traitor commeÌ„ ded for a man of vertue and zealous to their religion the Squeens seruice Ballard a man of vertue and learning and of a singular zeale to the Catholike cause and your Maiesties seruice the man enformed mee of great preparation by the Christian princes your Maiesties Allies for the deliuerance of our countrey PreparatioÌ„ by Christian princes her maiest allies of fortaine inuasion for alteration of religion from the extreame and miserable estate wherein it hath so long remained which when I vnderstood my speciall desire was to aduise by what meanes I mighte with the hazard of my life and my freinds generall to do your sacred Maiestie One good daies seruice one good dayes seruice Whereupon moste dreade Soueraigne according to the greate care whiche those princes haue of the preseruation and safe deliuerance of your Maiest sacred person I aduised of meanes considered of circumstances according to the weight of the affaires And after long considerations and conference had with so many of your wisest and most trusty The consultation as with safety I might coÌ„mend the secrecie thereof vnto I do find by the assistaunce of our Lord Iesus assurance of good effect desired fruit of our trauel These things are first to be aduised in this great honorable action vpon the issue of which depends not onely the life of your most excellent Ma. which GOD long preserue to our most inestimable comfort the saluation of English soules Vpon these traiterous actions depended 1. the life of the Sc. Qu. 2. thewealth of the countrey 3. restauration of faith 4. redemption from heresy the life of vs al actors heerin but also the wealth of our couÌ„trey far then our liues more deere vnto vs and the last hope euer to recouer the faith of our forefathers and to redeeme our selues from the seruitude bondage which heresie hath imposed vs with the losse of a 1000 soules First assuring of inuasion with sufficient strength in the inuadors partes to arriue well appointed with a strong part at euery place to ioine with them warrant the landing the deliuerance of your Ma. the dispatch of the vsurped He calleth our Queene an vsurped competitor competitor for the These desperate practiscs vndertaken by B. effectuating of