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
last will and testament praying him in Note the consideration consideration hereof from this time forwarde to take me wholely into his protection likewise the state and affaires of this countrey the which for discharge of my conscience I can not thinke I can put into the handes of a Prince more zealous of our religion and able in all respectes to reestablish the same on this side as it importes all the rest of Christendome Let this be kept secresie required for 3. causes 1. losse of dower 2. breach with her sonne 3. her totall ruyne secrete for as much as if it come to be reuealed it should be in Fraunce the losse of my dower in Scotlande a cleare breach with my sonne and in this countrey my totall ruine and destruction Thanke on my behalfe the sayde kinge your maister for the fauour and liberalitie extended to the The kinges liberalitie to the L. Paget and his brother L. Paget and his brother which I praye him most earnestly to continue and to gratifie for my sake with some pention What poore Morgan hath endured for her and the common cause poore Morgan who hath so much endured not onely for me but for the common cause I recommende likewise vnto you Fulsambe to haue some supplie Fulsambe whome you knowe to helpe him to some supplie aboue the entertainement that I haue alotted him according to the small meanes I haue Points out of Babingtons letter subscribed by Curle 13. Sep. 1586. Vpon the sight and perusall of the copye of the letter written by Babington to the Queenes Maiestie my mistresse I doe remember well that the clauses heereafter written were conteined in the same letter dispatched at her Maiesties commaundement by me Gilbert Curle 23. of September 1586. THere was addressed vnto me from the partes beyonde the seas one Ballard a man of vertue and learning and of singuler zeale to the Catholike cause and your Maiesties seruice This man enformed me of great preparation by the Christian princes your Maiesties alies for the deliuerance of our countrey from the extreame miserable estate wherein it hath so long remayned my especiall desire was to aduise by what meanes with the hazard of my life my freinds in generall I might do your sacred Maiestie one good dayes seruice c. Afterwards did follow THese things are first to be aduised in this great and honourable action c. First assuring of inuasion Sufficient strength in the inuador ports to arriue at appointed with a strong partye to ioyne with them and warrant their landing The deliuerance of her Maiestie The dispatch of the vsurped competitor For the effectuating of all which I vowe and protest c. that what I haue said shal be performed or all our liues happilye lost in the execution thereof which vowe all the chiefe actors haue taken solemnely c. After some other sentences this doth follow MY selfe with ten Gentlemen an hundreth our followers wil vndertake the deliuerance of your Royall person from the handes of your enemies for the dispatch of the vsurper from the obedience of whome by the excommunication of her we are made free there be six noble gentlemen all my priuate freindes who for the zeale they beare to the Catholike cause and your Maiesties seruice will vndertake the tragicall execution It resteth that according to their infinite good deserts and your Maiestics bountye their heroicall attempt may bee honorablye rewarded in them if they escape with life or in their posterity and that so much I may be able by your Maiesties authority to assure them c. By me Gylbert Curle 23. September 1586. Nawes affirmation of the manner of the Scottish Queenes writing translated out of her ciphered letters 6. September 1586. TOuching the letter written by the Queene of Scottes my Mistres to Babington I wrote the same by her expresse direction and commandement as I haue deposed it Touching the other letters as alwaies her Maiesty hath accustomed her selfe sitting at table and Curle and I before her her Maiestie commaunded me particularly and from point to point all that whiche it pleased her to haue written and vnder her I did draw the points thereof as particularly and amply as may be After I shewed and reade them vnto her according to the which there resting no more but the disposition of the matter I wrote the said letters and shewed them vnto her deliuered the same after which that was done therwith which it pleaseth her Maiestie to appoint for her Maiestie will not suffer that any do write her letters of secresie or importance out of her own Cabonet And there is not any dispatche sealed but that she is present at it And she doth alwaies peruse all the letters before they be put in Cipher and translated which is done by Curle namely of the letter written to Babington Pointes out of the Scottish Queenes letters subscribed by Curle 23. Septemb. 1586. Certaine principall pointes conteined in the letter written from the Queene of Scottes in aunswere to a letter of Babingtons which were expressed by the saide Queene in these kinde of sentences hereafter following as vpon the sight and perusall of the coppie of the letter which was first written by Nawe in French by the Queenes commandement I doe acknowledge to haue beene so written NOwe for to grounde substantially this enterprise and to bring it to good successe you must first examine deepely what forces as wel on foote as on horse you may rayse amongest you all and what Captaines you shall appoint for thē in euerie shire in case a chiefe generall cannot be had Of which townes portes and hauens you may assure your selfe as well in the North West as South to receaue succors from the Lowe countreyes Spaine and Fraunce What places you esteeme fittest and of greatest aduantage to assemble the principall companie of your forces and the same beeing assembled which way you haue to march what forrein forces you require for howe long paie c. what prouision of money in case you want would you aske by what meanes doe the vj. gentlemen deliberate to proceede and the manner also of my getting foorth of this holde In an other part of the same letter this also did followe IF your messenger bring you backe againe sure promise and sufficient assurance of the succour you demaunde then thereafter but no sooner for that it were in vaine take diligent order that all those on your party on this side make so secretly as they can prouision of armour fit horse and readie money wherewith to holde themselues in readines to march so soone as it shall be signified vnto them by their chiefe principales in euerie shire And for better colouring of the matter reseruing to the principall the knowledge of the ground of the enterprise it shal be enough for the beginning to giue out to the rest that the saide prouisions are made onely for fortifying your selues in case of neede against the puritans of this Realme In an other part of this same letter this also followeth THe affaires beeing thus prepared and forces in readinesse both without and within the Realme than shall it bee time to set the six gentlemen to worke taking order vpon the accomplishment of their desseignement I may bee suddainly transported out of this place and that all your forces in the same time be in the fielde to meete me tarying for the arriuall of forrain aide which then must bee hastened with all diligence Nowe for that there can bee no certaine day appointed for the accomplishing of the saide Gentlemens desseignement to the ende they may be in readinesse to take me from hence I woulde that the said gentlemen had alwayes about them or at the least at the Courte a fower stoute men furnished with good and speedy horses for so soone as the said desseigne shall bee executed to come with al diligence to aduertise thereof those that shal be appointed for my transporting to the ende that immediatly thereafter they may be at the place of my aboade before that my keeper can haue aduise of the execution of the saide desseignement or at the least before he can fortifie himselfe within the house or carry mee out of the same It followeth also in the same letter This is the plot which I finde best for this enterprise and order whereby you should conduct the same for our common security c. There followeth also in the same letter I shall affaie at the same time that the worke shall be in hand in these parts to make the Catholiques of Scotland to arise and to put my sonne into their hands to the effecte that from thence our enemies heere may not preuaile of any succour I would also that some sturring in Ireland were laboured for and to beginne some while before that any thing were done heere to to the end the alarme might be giuen thereby on the flat contrary side that the blowe should come from Towards the ende of the Letter this doth followe IF I staie heere there is for that purpose but one of these three meanes following The first that on a certaine day appointed in my walking abroade on horseback on the mores betwixt this and Stafford c. a fiftie or threescore men well horsed armed may come to take me there c. The seconde meane is to come at midnight or foone after to set fire on the barnes and stables which you knowe are neere to the house and whilest my guardiant seruaunts shall come forth to the fire your companye might surprise the house c. And the thirde some that bring carts hither ordinarily their carts might bee so prepared and with such cart-leaders that beeing iuste in the middest of the great gate the carts might fall downe or ouerwhelme and thereupon you might come suddainly with your followers and make your selues maisters of the house and carie me away These are the pointes that were in the letter written in the Queenes Maiestie my Mistresse name to Babington which as alreadie I haue saide and written was first written in French by Maister Nawe and translated into English and ciphered by me Gilbert Curle by the Queenes commaundement Septemb. 23. 1586. Navve in effect is contest vvith Curle vvith the concurrency of Babington and Ballardes confession and other of the conspiracie
Marie and other her confederates haue manie times done before In the Parliament holden 13. Elizabeth and therefore she had been in the high court of Parliament condemned to die manie yeeres past but that her Maiestie of her singular and great clemencie spared to giue her assent thereunto and of late againe vpon an other horrible conspiracie there is by the chiefest Lordes and Iudges of this Realme sentence giuen against her Proclamation therevpon and due execution respectiuely made according to an act of Parliament in the xxvii yeere of her Maiesties raigne The thirde Chapter conteining certaine presidentes of sundrie Emperours and Kinges vvhich haue put other Princes vnto death HOwbeit wee neede not farder by ensample to shewe that one Prince hath put another vnto death yet for the farther warrant and quiet of princes mindes and to stoppe the euill speeches of such whose heades are wholy busied in Princes matters it is not amisse vnto the former examples to adde first certaine presidentes of Emperours then of Kinges and lastly for those euill affected sort vnto whome the actions of the Pope are their best instructions the doings and iudgements of sundry Popes COnstantin so much renovvmed in the church of God and that amongest other his princelie vertues for his singular clemencie and care in religion did cause to bee put to death not onely the Emperour Licinius as before but also Maximinianus The loue of the countrey knoweth no kinted the elect Emperour beeing detected by his daughter vvife of the saide Constantine for an horrible conspiracie against her husbande and yet consider Constantine shevved vnto him all duties of humanitie and courtesie in so much that hee married his daughter receiued him vnder his protection giuing vnto him all princely entertainement at vvhat time hee vvas pursued by his vvicked sonne Maxentius to death yet consider vvhen so many benefites of this Emperour could not stay him Ambition no lesse vngratefull than bloudie but in the desire of a kingdome hee thought to bereaue his protector of life then Constantine loath to nourish in his bosome anie such serpent commaunded his death and saued himselfe An other like example is that of Rhescuporis A second president of an Emperour as Tacitus calleth him or as Suetonius Liuie Thrasipolis king of Thrasia vvho by Tiberius the Emperour vvas put to death Cornelius Tacitus lib. 2. annalium For vvhe ras the said Rhescuporis had compassed the death of king Cotys for that hee coulde not abide to haue him confort vvith him in the kingdome of Thrasia vvhich in Augustus daies vvas deuided betvveene them the sayd Rhescuporis vvas accused by queene Cotys to the Emperour and Senate of Rome for this his villanous fact in destroying her husbande vvhere he receiued iudgement both of depriuation of his kingdome and also of banishment but assoone as he vvent about to flee frō Alexandria vvhere he vvas confined vvith a strong garde honored against his vvill the Emperour Tiberius presentlie gaue in commandement to behead him Bloud thirsteth after bloud and yet the said king did neuer practise the death of the Emperour as Marie of Scotland hath practised the death of the Queene of Englande Holling sheds chronicle and that since the said Marie came to be a titulary Queene and had giuen ouer to her sonne Kinge Iemie to be the onely and absolute king of Scotlande An other president I find in the Emperor Henry the seuenth of that name The third president of an Emperour vvho conuincing Robert king of Naples and Prouince of open rebellion conspiracie vvith his subiectes against his person and Empire Peter Mexia in the life of Henrie the Emperour summoned him to appeare and finally by processe of iustice gaue sentence of death against him depriuing him of his kingdome of Naples A king for treason deposed sentenced to death and discharging all his vassals of their homage and fidelitie that they ovved him and farther gaue licence to Fredericke king of Sicelie the said king Roberts enimie to make a cōquest of the said kingdom in the behalf of his sonne Thus farre goeth the Historie Clementin de re iudicata c. pastoralis hovvbeit Pope Clement the seuenth in his Clementine calleth the saide Robert king of Sicely according to the old error of Popes Fazellus de rebus Siculis and not of Naples according to all old vvriters and found fault in themperours sentence about the manner of proceeding and not the matter in question for he doth not call in question the said iudgement as though it had bin vnlavvefull for him to haue put the said king to death for treason if he had bin founde vvithin anye of his dominions vvhere he had committed anie such horrible crime against him but in that hee did cite him out of that district and limites of the Empire to vvit out of Naples vvhich the Pope calleth Sicely vvhere had beene euer his continuall and notorious residence to the citie of Pisa a place iustly feared most daungerous to his person but if the saide king Robert had contriued the death of the Emperour vvithin the iurisdiction of the Empire and there had beene founde or as it is vvoont to bee vsed in criminall causes had beene sent thither to aunsvvere the contempt doone against his Maiestie then in that case Pope Clement did agnize and insert in expresse vvoordes in his Clementine published in the Councell of Vienna that the Emperour mought haue sentenced the sayde king lavvfullie to death Popes censure in what case a Prince may lentence an other lawfullie to death his vvordes are these Quòd si punitio criminis intra districtum imperialem commissi ad imperatorem forsan pertinuisse asseratur d c pasteralis verum est quidem si ineodem districtu fuisset inventus delinquens vel ad illum de more remissus Wherein hee doth agree very vvell vvith the ciuill lavv vvhich is that sortitur quis forum tà m ratione delicti quà m ratione domicilij that is a man may be vvithin the compasse of an other Princes iurisdiction and prerogatiue asvvell in regarde of his offence cōmitted as of his place of dvvelling the discourse vvhereof more at large hereafter In like maner Barnard king of Italie Barnard king of Italie put to death by Lewes the French king being persvvaded by the Clergie of his right and title that he had to the crovvn of Fraunce leuied an armie intending to recouer his right and to destroie them that than possessed in the kingdome but in the first encounter he vvas taken Belleforest in his French history had his eies put out a vvhile vvas kept in prison and after by Lewes Debonaire king of Fraunce and Emperour for the better assurance of his state commaunded to be put to death So likevvise Conradine king of Sicelie vvas by Manfredus prisoned Collmitius lib. 4 he bequeathed his kingdome to Conradine his