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
for when Tully pleaded for Deiotarus king of Gallograecia he was so far from vrgeing or standing on the preheminence prerogatiue of a king that he confessed if Castor the kings nephew could haue iustified his accusation to wit that the saide king had gone about to make warre on Caesar or anie waies to haue conspired against his person that than hee was worthie to suffer death Cicero Orat. prorege Deiotaro Non est inquit iniquum in tuo duntaxat periculo Caesar vt rex reus capitis arguatur Not vnlawful for a king to be arraigned of life death if thy life O Caesar be shot at endaungered than is it not an vnlawfull thing for a king to be arraigned of life and death In like maner all the Doctors of the law in both the kingdomes of Naples and Sicelie beeing asked their iudgement by king Charles aforesaid The opinion of the learned in Italie in this case what by law hee might doe with king Conradine his prisoner Collinutiue li 4. they gaue this their sentence for law that hee might lawfully put him to death Neither was this the iudgement of the lawyers alone Henricus Gildefingensis in historia Austriaca A popes iudgement in this case but it was by Pope Clement the 4. when he was in the same case consulted aunswered in vita Conradini mors Caroli mors Caroli vita Conradini that is Collinutius li. 4. The articles of treason laid to king Conradines charge comprehended in the sentēce Note the verie same case of sentēce against the Scottish queene as was against Conradine the life of Conradine is Charles death and the death of Charles is the life of Conradine whereupon there ensued a solemne sentence against the saide Conradine in these wordes Quia Conradinus ecclesiae pacem perturbauit Regiū nomen falsò sibi adsumpsit regi mortem intentauit morte damnamus bicause Conradine hath troubled the peace of the Church and vniustly hath taken on him the name and title of the king and conspired his death wee condemne him to die The like cause moued the vertuous and mercifull Emperour Constantine the Great Eusebius Mexia Socraies a lij to put first Maximinianus the emperor whose daughter he had married and after that Licinius the Emperour his brother in law to death and so by the death of others to purchase the safetie of himselfe neither ought this to moue a disdaine of the punisher Non me paena dolet sed me ruisse doles or pitie towardes the punished in other Princes hearts For if euill kings be not ashamed to practise and compasse the death of kings and princes their equals in dignitie what reason haue good kings to pitie such shamelesse princes when they are iustly punished for their demerites That which thou approuest in thy self dislike not in another since they haue disgraced their princely order conspired against their equals and made themselues vnworthie to raigne and vnworthie to liue Nay what prince would not commend wish that his were such a people that in so extreame desperate a case would for the safetie of their Soueraigne labour what they coulde in an orderlie proceeding the death of another For since they haue but one head vnto whom they are sworne since they haue but one annointed whom God hath set ouer them whosoeuer he bee that seeketh by treacherie to bereaue their Soueraigne of his life or by opē force to trouble their estate though he be a prince and annointed of the Lord yet vnto them he is no prince nor giuen of God to rule ouer them but a stranger and as he by his own desseines hath made himselfe an enemie Wherefore since no good prince will accept him as his fellow equal that is the secret cōtriuer of another princes death since necessitie enforceth and the miserable estate of princes otherwise requireth that which nature teacheth reason vrgeth God alloweth the presidents of princes the aduise of popes the censure of lawyers the authoritie of the lawe which is the most egall iudge farther confirmeth and approueth Let no man thinke straunge that one prince may redeeme his saftie by the death of an other Pereat Adonia viuat Salomon The second case AND touching the second point Lawfull for the king to draw his sword against an other king for the preseruation of the publike peace as it is lawfull in a prince for the safetie of his life which the other daily seeketh to destroy to draw his sworde against another so much rather when togeather with his owne person the good estate of his whole people common wealth is endangered For this the prince is sworne to preserue vnto them in duty conscience he is bound these hee ought to preferre before his owne life or whatsoeuer is dearest to him in the worlde There is no such bonds of friendship betwixt him and any other no such fauour and loue to be shewed but in regard of his coūtrie in regard of his people to him they ought to be of farre lesse account and value Tullie Nulla potest esse lex sanctior quam rei publicaesalus nec vinculum arctius quam quod est patriae For as this standeth with the prince his honor to saue a prince that is worthie to be saued so howe doth this stande with his honor not to respect the future safetie of his people to saue a prince that is vnworthy to be saued nay that is likely to be the verie ruine and calamitie of his countrie So that if the case so standeth that he must needes allow the execution of some or by sufferance be the cause of the ouerthrow of his countrie he were impious to his countrie cruel to his people That is merciles crueltie that saueth one to the plague of many that would choose the safetie of one with the ruine and destruction of manie rather then the saftie of many thousands of his people with the death of one which deserueth to die And this appeareth more plaine in an Epistle of S. Austin to Boniface and is canonized in the decrees Augustinus in Epist ad Bonisacium cap. 23. q. c. noli Sicut bellanti resistenti violentia redditur ita victorijs cap to misericordia iam debetur maximè in quo pacis perturbatio non timetur By which decree appeareth that whereas any stir or trouble of the peace publike is feared there seuere iustice and not remisse mercy is to be extended So in this sence the saide lawe hath beene in the like case of princes Hugolinus Ioh. de lignano in tractaiu de bello namely in the case of king Conradine by Hugolinus and other the best learned of their time ruled and adiudged as Ioh. de lignano reporteth and not without great reason for else to saue one particular person for pitie sake The reason and Soule of the lawe and to shewe no sparke of pitie to
bereauing of her Maiestie of her rightfull crovvne and dignitie royall partlie in that vvith her priuitie tenne hundred thousande crovvnes vvere imploied by the Pope vppon any that vvould set vp in England the Roman Catholike religion and aduance her to the Crovvne in possession partlie in that shee gaue maintenance to her Maiesties knovven Rebels both in Flaunders and Scotland partly in that shee practised inuasion by forraine forces and actuall Rebellion by vnnaturall Subiects in these her Maiesties Realmes of Englande and Ireland 6 Ione Queene of Naples sent also at that time Peâ—rus exiâ— Collinutiuâ— Blondi historia Paulus Aemilius and to the same end and purpose to Charles the french king and to Lewes Duke of Aniew the saide frenche kings vncle requesting them to bring all the forces they possibly could to the subduing of Charles her competitor in the kingdome of Naples Mary of Scotland sent many times to king Phillip At one of those times Osmond Wilkinson the messenger B. Rose the procurer the Spanishe Ambassadâ—ur the performer of men money for the rebellion At one time thentrie was appointed at Harwich in Suffolk inuasion confessed by Throgmorton Her letters to Babington Her letters to the Spanish Ambassador the confessioÌ„ of Babington and his confederates and the confession of her own Secretaries Father Henries message betweene her and the Pope and the combined Princes and to her vncle the Duke of Cuise and other princes combined to bring their forces not to preserue her in her possession of the kingdome of Scotlande but to the inuasion of this Realme of England and subduing of her Maiestie the moste lavvefull and vndoubted Queene of the same Ione the Neapolitan Queene in regard that the saide Lewes Duke of Aniow Collinutius vvould defend and protect her against the said Charles offered to make him her sonne by adoption and that he immediatlie after her death should succeede her both in the kingdome of Naples also of Sicelie Marie the Scottish Queen in consideration that king Phillip shoulde take her vvholy in his protection Proued by her letters to the said Spanish Ambassadour Barnard de MeÌ„doza and confessed by her Secretaries Naw and Curle likevvise the state and affaires of this Countrie promised to giue grauÌ„t to him by her last vvill and testament the right vvhich shee pretended to haue both to the succession of the crovvne of England and also of Scotland Ione Queene of Naples had great mightie Princes to take her part both out of Fraunce and from Prouince but both shee and all that held on her side had so strange a fortune and desaster as it is vvonderfull for the Pope by her meanes exalted vvas deposed the said Duke of Aniew Generall of the fielde that came into Ialie as Pandulphus Collinut us vvriteth vvith fifty thousand men and as Peter Mexia affirmeth thirtie thousand of them hors-men Collmitius lib. 5. so 228. Mexia in vita Venâ—elai died by the vvay and xvi Barons and most of his gallant companie vvith him and the reÌ„nant that suruiued returned home vvith more shame than vvith pride they came foorth begging all the vvay as they vvent by tvvo or three in a companie as Platina vvitnesseth and the Queene her her self vvas taken prisoner by him Platina in vita Vâ—bani 6. vvhoÌ„ shee firmelie hoped to haue conquered and slaine Marie the Scottish Queen vvhich had in Rome at seurall times three Popes in Spaine king Phillip in Fraunce the Duke of Guise in England and Scotlande Dukes Earles Lordes The proof of these is publik and most notorious Gentlemen and others too too manie bent to accomplishe her vnquiet humor and seditious desseinesse yet neither had shee nor anie that tooke her part any prosperous succes for 2 of her best friends of the three Popes died king Phillip hath neuer been vvithout ciuill vvarres and his handes full of vprores dangerous tumults the Duke of Guise so megre and so crossed in all his desseinements that he could not at any time helpe her nor vvell releeue himselfe the Dukes Earles and Lords for the most part that tooke her part either haue loste their goods liuelodes lands liberties and countries or haue been slaine of others or haue slaine themselues many Gentlemen hanged for her sake to the perpetuall infamie of them their race vtter vndoing of all their posteritie as touching her self neither her ovvn land could abide her nor the Ocean Sea to vvhose mercie in extreame refuge she committed herself could brooke her nor the land of England vvhere shee hath remained aboue xvi yeeres in our Soueraigne Ladie Queene Elizabeths protection could for the more part from her first comming like her Parrie his confession of her trustie man Morgans dealing with him for murdering of the Quene The consessioÌ„ of Naw Curle and all the coÌ„spirators or be liked of her and she became all that vvhile prisoner vnto her vvhose Royall person she continuallie hoped and often practized to haue murdered Last of al Leonardus Aretinus in historia Florentina Collinutiut Mexia Paulus Aemilius Jone Queen of Naples being taken by Charles nephevv to Lewes king of Hungarie and the first King of Naples of that name vvas by the saide Charles vppon the aduise taken and had of the said King Lewes strangled in prison and so by Gods prouidence paid the death as the history vvitnesseth that she gaue to her first husband An reas King of Naples Mexia in vita Vencelai Marie Queen of Scotland although by fleeing out of her ovvn Realme of Scotland into Englande Vide BuconaenuÌ„ fol. 199. 200. and by comming vnder the Queene of Englands protection shee escaped hitherto the due reuengement of her said husbaÌ„ds death This appeareth by the commission directed to the duke of Norfolke others which met the Scottish Lordes at yorke that came thither requiring iustice in that behalf vvhen and vvhere the chiefest of the Nobilitie of Scotland pursued her by iustice yet because she hath sundrie times since that time conspired to destroy the sacred person of her Maiesty and being once or tvvise pardoned hath falne into a relapse or recination there hath been vppon due hearing and examination of the vvhol matter together vvith her personall ansvveares taken by the chiefest Lordes of the Realme The ParliameÌ„t 27. regni Elizabethae assisted vvith the principall Iudges of the same sentence pronounced by them against her According to the Statute of association by Herselfe subsigned and allowed Her owne letters to her Maiestie And thus shee to the ioy of all good Christians and vvell affected English hath had Gods iudgement in her accoÌ„plished and performed that did not onlie kill her first husband King of Scotland but compassed also sundrie times the death of her Maiestie Queene of England and consequentlie vvas like to bring the vvhole Realme in danger of a generall massacre and present destruction had not
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
the crowne and thirsted after the crown of this realm in possession could not bee reclaimed from the same although by her Ambassadors she promised diuers times to doe it since God had put her into her Maiesties hands well might her Maiestie take and keepe her vntill she had perfourmed her promise For did not Tiberius deteine king Cotys did not Constantine the Emperor doe so with the Emperor Licinius Dyd not Lewes the French kyng called Lewes the Pitiefull doe the like vnto Barnard king of Italy Doth it not stand with the law of nature which is ius immutabile a law immutable for euerie person to prouide for the saftie of himselfe and all that are committed vnto his charge And if we should graunt her that she came in as a suppliant and of free will and not dryuen in by tempest when she meant according to some writers to haue gone into Fraunce what if she came hither for succour as it may be whē she saw no other remedie she shewed to be her intent is it not as great or more reason for our soueraigne to succour her selfe as to succour her For if the Scottish queene thinketh our queene boūd by the law of nations to take her after this maner cōming into her protection doth not the law of nature teache our queene vnder colour of protection to prouide against prodition So that whiles the other carried alwayes with her this ambitious minde to bereaue the queene our soueraigne of her kingdome of England if she had been set at liberty had she not been far more enabled to accomplish her desseines for otherwise to what intent dyd the princes and her allies and all her adherents desire and thirst so much her enlargement but to make her an head to be set vp in time of inuasion against her Maiestie But supposing that her Maiestie had no iust cause of her so doing and her deteyning heere had beene wholly vnlawful mought she therefore seeke to take away the life from the queene of Englande The practise of so many horrible treasons may not be shifted with this so vntrue and slight pretence nor coloured with a faire showe of natures lawe for so many seditious vnnatural and vngodly desseinmentes most repugnant to the lawe of nature and contrarie to the lawes both of God and man can not abide any such shift or colour The 3. Obiection THe two first obiections made against the sayde honorable sentence are in regarde of the Queene of Scottes person But the two obiections following doe rather tende to the disalowance of the lawe whereupon the sentence is grounded For say they although wee should graunt that one king may sentence an other king delinquent and resident within his kingdome wee thinke it not cōuenable that in the case of a king the tryal shoulde be by the municipall and statute lawe of the lande but only by the common and generall lawe receiued amongest all other nations Againe since the lawe of Nations as they say punish the effect and not the affect him that hath committed not him that willeth or intendeth treason that therefore they haue delt iniuriously with the Scottish queen in punishing her by death for onely willing and intending treason which as yet had not the intended effect The aunswere FOr answere to the first of these two obiections A Prince may bee tried by the municipall and statute lawe of the lande where he offendeth the which appeareth by one of the most auncient interpreters of the Ciuill law Albericus de Rosate and that in the case of a king sentenced for high treason Albericus L quisquis ad L Iuliam maiest C D D in L 1. c de trinitate where he moueth this said case and resolueth it thus Nonne vnusquisque delinquens iudicabitur secundùm leges loci in quo deliquit Respondeo verum est si de intentione legislatoris fuit factum ipsum afficere omnem personam quae incideret in ipsum factum Nam non plus extenditur lex quà m fuit de intentione legislatoris That is to say Is not this agreed for law that euerie delinquent or offendor against the law shal be adiudged according to the lawes of the place where he committed his delict or offence That is true saith hee if it were the minde and meaning of the maker of the lawe to punish that offence and euerie person that shoulde fall within the compasse of the sayde offence for the lawe is neuer extended farder than the intention of the lawe maker And was not the intention of the makers of the statute lawe made the 27 of her Maiesties raigne most euident after so many seditious desseignmēts and most wicked plots laide both for the indaungering of her highnesse most royall person and also for the ruine of the common weale to deuise a speedie remedie for such an apparant mischiefe Did not the wicked attempts of Throgmorton and Parie and the continuall practise of fugitiues beyonde the seas and traiterous subiectes at home make it as cleare as the sunne in the eye and heart of euerie good subiect howe necessarie it was to prouide speedie remedie herein Did not vpon these respectes and to meete with these and such like mischiefes the whole Realme assembled in Parliament enact thus That if anie open invasion or rebellion should be made in or vvithin her maiesties Realme or dominions or any acte attempted tending to the hurt of her Maiesties most royall person by or for any person that should or might pretende anye title to the crovvne of this Realme after her Maiesties decease or if any thing should be compassed or imagined tending to the hurt of her Maiesties royall person by anye person or vvith the preuitie of any person that shall or may pretend title to the crovvne of this Realme that then such person vvhatsoeuer should be vvithin the compasse of that lavve Wherefore by that lavve as may bee gathered both by the preamble and body of the act the saide tvvo great daungers vvere sought to be prouided for her Maiesties preseruation and the common peace of thole realm You will say it tended onely to subiectes To that I aunswere it had beene then a needelesse lawe for those attemptes by subiectes by the common lawes of this Realme and so agnized by the statute of 25. Ed. 3. de proditionibus were high treason before and therefore there needed no new lawe for them For whom was this lawe then especially made It plainely appeareth by that which is before alleadged that it especially respecteth all those persons whomsoeuer that should or might pretende title to the imperiall crowne of this Realme And did not Marie of Scotlande at and long time before the making of that act pretende title to the crowne of this Realme not onely to haue it after her Maiesties decease but foorthwith to be put in actuall possession And did not the saide Marie after the making of the saide statute by her subscription and letters specially addressed