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A07158 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. 1587 (1587) STC 17566.3; ESTC S108326 51,432 108

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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
all which it may please your Excellency to rely vpon my seruice I vow and I protest before the face of almighty god who hath miraculously long preserued your sacred person no doubt tosome vniuersall good end that what I haue saide shall bee To be performed or to dye perfourmed or al our bodies happily lost in the execution thereof Which The traitors vowe and oth taken vow all the cheif actors heerein haue taken solemly and are vpon assurance by your Maiesties letters vnto me to receiue the blessed sacrament therupon either to preuaile in the Churches behalf and your Maiest or fortunately to die for the honorable cause Now forasmuch as the delay is extreame daungerous it may please your Excellent Ma. by your wisdome to direct vs and by your princelye authority to enable such as may aduaūce the affairs foreseeing that there is not any of the nobility at liberty assured to your Maiestie in this desperate seruice except vnknowne to vs. And seeing it verye necessarye that some there bee to become heades to leade the multitude euer disposed by nature in this lande to followe some noble mā to be head Nobilitye considering withall it doeth not onelye make the commons and the countrey to followe without contradiction or contention which is euer founde in equalitye but also doth adde greate courage to the Addeth courage to the leaders leaders For whiche necessarye regards I woulde recommend some to your maiestie as fittest in my knowledge to bee your Liuetenants in the Weste parts in the Northe parts Southwales and Northwales the Counties of Lancaster Derbie and Stafford All which countreyes by parties already made fidelity taken in your Maiesties name I holde vs most assured and of vndoubted fidelity My selfe with 10. The deliuery of the Queene of Scots gentlemen and an hundred followers will vndertake the deliuery of your royall person from the hands of your enemies from the dispatch of the vsurped from the obedience of whome by the executiō of her we are made free Our Queenes death the Catholiks freedome There be 6. noble The tragicall execution by 6 gentlemen Gentlemē al my priuat freinds who for the zeale they beare to the Catholique cause and your Maiesties seruice wil vndertake that tragicall execution It resteth according to their infinit good deserts your maiesties bountie their honorable attempt may be honorably Ambition aspiring hope rewarded in them if they escape with life or in their posteritie and that so much I may be able by your Maiesties authority to assure them Now it remaineth onely that by your Maiesties wisedome it be reduced into The S. queen to prescribe the method of thesetraiterous actions method that your happy deliuerance be first for that therevppon dependeth the onelye good and that all other circumstances so concurre that the vntimelie fall of one end doe not ouerthrow the rest Al which your Maiesties wonderfull experience and wisedome will dispose of in so good manner as I doubt not through Gods assistance all shal come to desired effect For the obteyning of which euery one of vs shall thinke his life most happilye spent Vpon the 12. day of this moneth I wil be at Leichfield expecting your Maiesties aunswere letters in readinesse to execute what by them shal be commaunded Your Maiesties most faithfull subiect and sworne seruaunt Anthony Babinton The Queene of Scots letter to Anthony Babington xij Iuly 1586. TRusty and welbeloued According to the zeale and entire affection which I haue known in you towards the Two things in tended 1 rehgion 2 her cause cōmon cause of religion and Her cause 1 for her deliuery 2 bringing in of forraine forces 3 the murdring of the Qu. ma. 4 Rebellion within the Realme mine hauing alwayes made account of you as a principall and right worthy member to be imployed both in the one and the other It hath beene no lesse consolation vnto me to vnderstand your estate as I haue doone by your laste and to haue founde meanes to renue myne intelligence with you than I felt greife all this while paste to bee without the fame I pray you therefore frō hence forth to write vnto me so often as you can of all occurrances which you may iudge in any wise important to the good of my affaires Wherunto I shall not faile to corresponde with all the care diligence that shal be in my possibility For diuers great and important considerations which were heere too long to be deduced I cannot but greatly praise and commend your common desire to preuent in time the desseignment of our enemies for the extirpation of our religion out of this realme with the ruine of vs all For I haue long Pretenses long sithence with other princes for alteration of religion heere ago shewen vnto the forraine Catholike princes and experience doth approue it the longer that they and we by delay of execution of the complotts the number of Papists diminished delay to put helping hand on the matter on this side the greater leasure haue our said enemies to preuaile and winne aduantage ouer the said princes as they haue done against the king of Spaine And in the meane time the Catholiques heere remaining exposed to all kinde of persecution and crueltie do dayly diminish in number forces meanes power So as if remedie bee not thereunto hastelye prouided I feare not a little but that they shal become altogether vnable for ener to arise againe and to receaue any aid at all whensoeuer it were offered them For mine owne parte I pray you to assure our principall freindes that albeit I had not in this cause anye particular interest that which I may pretend vnto beeing of no consideration vnto me in respect of the publike good of this state I shal be alwayes ready and moste willing to imploye therein my life and all that I haue or may euer looke for in this worlde Now for to ground substantially this enetrprise and to bring it to good successe you muste firste examine deepely what Forces of rebels and capteins to be prepared in euery shire in englad forces aswell on foote as on horse you may raise amongest you all and what captaines you shall appoint for them in euery shire in case a cheife generall cannot bee had Of what townes Ports and hauens to bee assured for landing Portes and hauens you maye assure your selues of aswell in the North Weste as Southe to receaue Succour from France Spaine and the lowe untr●yes succour from the Lowe Countreyes Spaine and France What ●co be place fittest to assemble their forces place you esteeme fittest and of greatest aduauntage to assemble the principall company of your forces at and the same beeing assembled whiche way you haue to march What What forraine forces woulde be required forren forces aswell on horse as foote you require whiche woulde bee compassed conforme to the proportion of yours for how long paie what What prouision for munitiō money c munition