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
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