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
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
vaine the benefit of the lawe that doeth offend against the lawe So is the Queenes Maiestie in her gratious Realme a sanctuarie to euerie king that commeth within the same vnder her highnesse protection vntill he committeth a capitall delict and offence against the same and than vpon the reason of the foresaid lawes he looseth the benefit priuiledge thereof like as the benefite or priuiledge of safeconduit is lost when after the safe conduit graunted any crime is committed but for a farder confirmation of the premisses we shall speake more at large in the next chapter The sixt Chapter containing an aunswere to certaine obiections latelie made by certaine fauorites of the Queene of Scottes FOR asmuch as some partiall and euill affected Aliens and some hollow and dissembling subiects will perhaps in this honourable and iust action maligne the proceedings of the whole Parliament and the sentence and execution thereuppon I thinke it not amisse to meet with some of the best of their Arguments the which at the first showe might seeme to crosse or controll their doings The first obiection The first obiection is That Par in parem non habet imperium that is an absolute Prince ouer and against another absolute Prince hath no iurisdiction or soueraintie And this was by Prince Conradine a Prince more skilfull in feats of warre than in points of law Collinutius lib. 4 hist Neapolit obiected vnto Barius king Charles his Prothonotarie after that he had read the sentence of death giuen against him The like argument doth Matheus Parisiensis alledge in king Iohns case Parisiensis Monachus in sua historia whē the French king wold haue sentenced him for the Dukedome of Normādie Vpon the which maxime or rule it is inferred that forasmuch as our Queen Marie of Scotland were both Queenes and of egall power and authoritie that the one can haue no such power to sentence or punish the other The Answeare For aunswere it may then trulie and iustlie be said that whatsoeuer showe this argument maketh in apparance yet it is nothing at all in substance For to let passe that which is much doubted of by many whether the Scottish Queene were at the time of the sentence giuen Queene of Scotland or no seeing by the three estates of Scotlād she was disabled To omit also that shee relinquished long time before all her right title and interest in the same realme if she had any to the Lord Iemie her sonne now king of Scotland To passe ouer in like maner how euident a thing it is and most notorious that the kinges of Scots haue been feudataries and done homage vnto the kings of England See Hall and Foxes historie reg 4. William Conqerour malconib Edward 1. Richard 2. and haue appeared in person in Parliament at Yorke and had the place of the first Peere in England whereby it may bee inferred that the Scottish Queene was no absolute Queene but had respect was inferior to the crowne of England if we should graunt them all this for dispution sake that shee was still Queene of Scotland and farder that she was an absolute Queen what than what can they infer of this doth equalitie in dignitie giue supreame power and soueraintie in the kindome of England This her soueraintie hath vndoubtedly a necessarie relation to her owne subiects the Scots and kingdome of Scotland not vnto the English and realme of England albeit I do graūt here for argument sake more than may doe to wit that she was still a Queene in dignitie Thomas Grammaticus yet I may right well deny her to be a Queene in soueraintie for she left all her soueraintie behinde her and became a priuate person and no soueraine at what time shee came from Loghléuen castle in Scotlande to the castle of Cokermouth in Englande And this point may soone be tryed by sampling the same in an other Princesse comming into anie forreine countrey If the King of Spaine should come into Fraunce although perhaps the French King mought take him for his brother in the sence of the Poet fratrum concordia rara yet I doubt he would not take him there for his fellow Lucan Tullie in his booke of dutiess Omnisque potestas impatiens consortis erit there is no kingdome that will abide a Copartner D D in l. est receptum f. de iurisd omnium Iudicum And as Tullie saieth Nulla sides nec sancta societas regni est There can be no firme faith nor holy societie of a kingdome ouer and aboue that euerie Prince in his owne principalitie is the greater c cum inferior de maior obed and it is an infallible rule that euerie Kinge out of his owne kingdome is no more but a priuate person Lapus in allegat xcij. Preses saith Paulus in suae prouinciae homines tantùm imperium habet hoc dum in prouincia est I. preses f. de officio presidis nam si excesserit priuatus est A president hath souerainty onely vppon the subiectes of his owne prouince and that whilest he is within his prouince but if he goeth forth of it he is a priuate person Vpon the conclusion of which lawe there grew amongest the learned this question Baratolus lib. 12. de dignitatibus c. whether a Kinge passing thorough or resiant in another kinges Realme and dominion mought make anie of his subiectes knightes and some helde opinion that he could not for that he had not there merum imperium supreme power and soueraintie but Regiam duntaxat dignitatem that is only the honour and dignitie of a king Other resolued thus that albeit in this case hee had no such soueraintie in him yet bicause this act was not cōtentiosae iurisdictionis of a cōtentious iurisdiction as when sutes passe in the kings cōsistory between party party Iason Alexander in L. extra territorium de iurisd omnium iudicum but iurisdictionis voluntariae of a iurisdiction voluntarie such as passe vpon pleasure before himselfe they were of opiniō that he myght make knights like as one Bishop may approue willes and confer orders in the Diocesse of another Bishop because the same is iurisdictionis voluntariae of a iurisdiction voluntarie but that a king in another kings dominiō or a Bishop in the diocesse of another Bishop hath merum imperium or soueraigntie that can neuer be showne but the quite contrarie Neither only is euery one in his owne territorie chiefe and greater than an other who in other respects notwithstanding is many wayes greater than himselfe but also he may punish there such a person greater than himself offending in his territorie insomuch that an Archbishop by a Bishop in the Bishops own territory an Emperor by a king in a kings dominion and countrie and a king by a Magistrate of a free Citie may there be punished for his offence Neither doth the rule Par in parem take anie place
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
iustice against her A confirmation by manie reasons gathered out of the Ciuill and Canon lavve of the honorable sentence and execution past against the Scottish Queene BEfore I proceede to the instifying of the sayde sentence and execution I thinke it not amisse here to set downe what the Lawes of England haue beene in these Capitall offences not only from the Conquerors time but from the beginning of any Empire or principallity within this Realme searching what hath beene written herein I finde that the very imagination and intent of treason being in the highest degree without ouert facte hath in the times of all Kinges and in all persons beene losse of life and member losse of goods and lands and perpetuall corruption of bloud which Lawe agreeth verie well seemeth to haue commencement and beginning from a Ciuill constitution made by the famous Emperors Arcadius and Honorius in the yeare of our Lorde God 3 8 9. The effect of which Lawe for the matter in question foloweth L. quisquis C. ad L Iulian matestatis Quisquis de nece principis eorumque qui consilijs principis intersunt c. cogitauerit eadem enim seueritate voluntatem sceleris qua effectum puniri iura voluerunt ipse quidem vt maiestatis reus gladio feriatur bonis eius omnibus fisco nostro addictis Whosoeuer shall imagine or intend the death of the king or any of his counsell for the Lawes would with the same seueritie haue a man punished aswel for his wil in intending as for his fact in committing treason hee shal be beheaded as guiltie of high treason and his goods forfaited to our Exchequer Note here that the saide wordes bee generall and suffer no exception L. 4. C. ad L. Iulian maiestatis which also is in the verie next Constitution precedent by three other Emperors Valentinian Valens and Gratian confirmed where they vse these wordes In sola causa laesae maiestatis omnibus aequa conditio est nulla habita militie generis vel dignitatis defensione In the onelie cause of treason all persons are of egal condition debarred from all defence and priuiledge of militarie vertue birth or dignitie And as the wordes of the law are generall including all persons whosoeuer so is the selfesame law generall because it receiueth allowance in all countries and in Scotland it selfe where the ciuill lawe is exercised and in that regard may be called Ius Gentium the law of Nations Quia eo iure omnes gentes vtuntur because in all Nations the same law and penaltie for treason is vsed wherein the Scottish Queene coulde not pretend ignorance seeing it is the lawe of her owne countrie and the law of all the worlde and seeing she confessed her presciencie knowledge thereof as also of the statute made in the same effect the seuen and twentieth yeere of her Maiesties raigne discouering in her letters to Babington that if her conspiracies were knowne to her Maiestie it were sufficient for that Queene to inclose her in some hole foorth of which she should not escape if so bee shee did not vse her worse as though shee had said the hainousnesse of her desert and penaltie of the lawe did inflict a greater punishment on her than being kept close prisoner which shee further confesseth in plain words in her letter to Mendoza the Spanish Ambassador Let this be kept secret forasmuch as if it come to bee reuealed it shoulde bee in France the losse of my Dower in Scotland a cleare breach with my some and in this countrie my totall ruine and destruction And the said statute of the saide xxvij yeere of her Maiesties raigne doth not alter the substance of the offence in treason or make it more greeuous or preiudiciall than it was before but for as much as her Maiesties life whome Almightie God preserue to the end of all time was sought by many wicked complots of desperate miscreants to bee taken away and the publike peace disturbed the bodie of the whole Realme to preuent that mischiefe that this might serue as an other warning to stay their furie enacted and set downe a more honourable proceeding against all such violent Competitors of the kingdome than there was before therin adding rather forme than substance that if anie such villanies were attempted it might both in the matter and maner haue the more honourable proceeding Seeing than the Scottish Queene is both by generall wordes and also by especiall demonstration within the compasse of the lawe it remayneth to see what can be sayde for her exemption from the sayde lawe I heare that principally alleaged for an excuse that she was an absolute Queene and therefore in her person not to be impeached as though it were to bee iustified by any lawe in the worlde for a Queene to contriue the death of an other Queene and that which is most treacherous in her owne kingdome Or that a King or Queene comming foorth of her owne Realme to the kingdome and dominion of an other King or Queene may there doe what they list without controlement vnder colour of their kingly prerogatiue And although I should graunt that she was an absolute Queene and in respect thereof had diuers priuiledges incident vnto her person yet in this case all priuiledges that goe to and folowe the person In case of treason no priuiledge will serue are excluded Quia in causa laesae maiestatis saith Baldus priuilegiatus non potest allegare priuilegium A man priuiledged in his person in case of treason cannot alledge his priuiledge And this is a most general lawe and all persons whosoeuer are subiect to the same L. Q. in Prouincia vbi de criminine agi oportet that in what place they haue committed any crime ther according to the law of the place without regard of any priuiledge they ought to bee adiudged Et hoc ius perpetuum est L. edita de edendo C. 1. Inst de satisdat tutor Parag. 1. saith the Text that is this law is generall for so this word perpetuū is in the ciuill law in sundrie places vsed and in this verie place it it is so by the learned expoūded Neither can a king in in another kingdome challenge any such prerogatiue vnto him that for an offence giuen in the highest degree he may not ther be punished For euerie king out of his own kingdome is to be accounted of Lapus de castillo allegat 92. but as a priuate person for that he hath no longer merum imperium that is supreame and absolute gouernment but doth only reteine honoris titulos dignitatis the title of honor and dignitie within the territorie of an other king So that ther where he hath offended per omnia distringitur etiam quoad personam he may bee punished in all that he hath that in his person zabarella e pastoral de re iudicata D. D. c fi de sore competent for ratione delicti-sortitur
forum by reason of his offence hee is now become of another princes iurisdiction and prerogatiue where he hath offended Insomuch that neither our friendes which are confedered with vs nor Ambassadors which comming from great mightie Princes are resiant amongst vs nor the kings and princes themselues that carrie so great a maiestie in their persons can challenge any immunitie or priuiledge by reason of their confederacie honor or dignitie but where they coÌ„tract where they offend there must they abide the order of lawe condigne punishment For of our friends that are in league amity with vs heare what the law saith Si sint apud nos rei ex ciuitatibus confederatis in eos damnatos animaduertimus L non dubito ff de captiuis de postlimiuio reuersis if anie person of the confedered Cities bee found guiltie amongest vs they are iusticiable heere and after their condemnation shall receiue execution accordingly And of the Ambassadors Iulius Paulus who for his excellent skill in the law came to be both Praetor Consul in Rome writeth in this maner L non alià s parag legati ff iudiciis Legati ex delictis in legatione coÌ„missis coguÌ„tur iudicium Romae pati siue ipsi admiserint siue serui eorum Ambassadors that are come to Rome out of far countries are ther to answer for their offence coÌ„mitted there in time of the Embassie whether it bee done by theÌ„selues or any of their retinue L si legationis ff codemâ—â—tulo Likewise Saluius Iulianus the chiefe counsailer to Adrian the Emperor writeth thus Si legationis tempore quis seruum vel aliam rem emerit aut ex alia causa possidere cepit noÌ„ iniquè cogetur eâ—us iudiciuÌ„ accipere aliter enim potestas daretur legatis sub hac specie res alienas domuÌ„ auferendi That is Note the reason of the law if any during his Embassie shall buy a bond-man or any thing els or shall come to the possession of any thing by any other title or meanes he shal be compelled to answere to the law in that behalfe for otherwise Ambassadors should haue libertie vnder this colour to carry into their country other mens goods but that ought not to bee graunted them say the interpreters vpoÌ„ that law Ne occasio daretur delinquendi least an occasion thereby should be giuen them to deale lewdly Then if a law will haue an Ambassadour as well as the subiect to aunswere vppon any contract or wrong done to the subiect woulde the same lawe trow you allowe the practises of high treason in an Ambassador against the common peace vnpunished And although some haue writteÌ„ that Ambassadors haue had their liues spared them in cases of high treason yet that proueth not that for treason they might not by law haue bin executed For as Theodatus said to the Ambassadors of Bizance Procopius lib. 1. de bello GothoruÌ„ if an Ambassador should in his Embassie coÌ„mit adulterie or els vse any villanie towards the Prince Tunc quideÌ„ Vide Iustinum lib. 7. in the case of adulterie iure legatum occidere pro humanis legibus licet than were it lawfull by the law of the lande to put such an Ambassadour to death Wherfore Conradus Brunus writing both grauely learnedly of the dignitie immunitie of Ambassadors doth after a great discourse conclude with these words Ius violandorum legatoruÌ„ ijs tantum seruandum esse qui honeste in legatione versantuÌ„r Vide L. per id teÌ„pus de curiosis lib. 12. L quoties L iudices de dignitat lib. 12. C c iuarum nos parag verum Ext. de priuilegiis the law that willeth no hands to be laid vpon an Ambassador is to be kept with them only that doe in their Embassie behaue themselues honestlie otherwise in vniuersum priuilegium amittit qui concessa sibi abutitur potestate for euer he doth lose all priuiledge that doth abuse his commission and authoritie Let vs goe higher from the Ambassadour to his Maister the king himselfe Bonifacius de vitallinis c pastoralis de re iudicata vers nos tam ex superioritate nu 65. writing vpon the case of king Robert of Sicely hath these wordes Si non subditus imperatori aliquid perpetrat infra fines imperij ex quo si fuisset perpetratum per hominem subditum imperatori processisset crimen laesae maiestatis committit ex hoc illud crimen quod ratione loci delicti sortitur forum imperatoris sub eius iurisdictione potestate ex eo constituitur quoad delictuÌ„ quoad qualitatem delicti If any person being no subiect of Themperors do commit any crime within the limits of Thempire whereby the same beeing committed by one of the Emperors subiectes should amount to the offence of high treason the same doth commit the like crime hereby which in regarde of the place of the offence is subiect to the Emperours authoritie and he is hereby brought vnder his iurisdiction and power both concerning his offence and the qualitie of his offence And if some will yet obiect that all this may and ought to bee vnderstoode in such persons as are inferiour and vnder the degree of Kinges and Princes heare what hee addeth farder in the same place Bonifacius nu 72 Rex inquit delinquendo in imperio efficitur de iurisdictione imperatoris ratione delicti sic fit ligabilis delinquendo sicut contrahendo A King if hee doth offende within the Empire is made thereby one of the iurisdiction of the Empire by reason of his offence and so is answerable by his delict as he is by his contract for else this absurditie would followe and a daungerous plague to all Princes that one king might safely kill an other king and that in his owne kingdome by violence and the king whose death is sought may not for his safety put to death such a murdering king by Iustice and by that meanes also as I sayd before there shoulde bee giuen an occasion of treacherous dealing which the lawe abhorreth and willeth by all meanes to be eschued The lawe therefore is generall and reacheth not onely to the Nobilitie and Commons of anie Realme in regarde of subiection but also to the forreiner to the Ambassadour to his Lorde and master the King in respect of their coniurations if any such conspirators bee apprehended where they within an other kings dominion haue offended for the offence of conspiracie doth deuest depriue them and euerie of them of their priuiledge and prerogatiue if they had any like as the sanctuarie will saue a mans life for homicide but not when homicide is committed within the sanctuarie for theÌ„ by his own fault he doth waue the benefit of all priuiledges and prerogatiue L auxilian de miuoribus c. benè de electione Quia frustra legis auxilium inuocat qui in legem committit He doth claime in
in that case and so in the case of an Archbishoppe Panormitan and Felin expressely set downe C cum inseriors de maior obed that he may by his inferiour Byshoppe being not his suffragan receiue condigne punishment for the offence that hee hath committed within the sayde Byshoppes diocesse Anchoranus addeth farder Anchoran clem 1. de fore comperente that if a patriarche should offende within the territorie of Bononie the Byshop there mought punish him accordingly And that an Emperour may be in like manner punished by an other Prince in whose territorie he hath offended Vaskins lib. 1. contr f. illustrium Ferdinandus Vaskins in his booke of princely controuersies doeth affirme in these wordes Imperatorem ab alio principe in cuius territorio deliquisset puniri posse non dubitauerim And that a Magistrate in like maner of a free Citie may punish a king offending within the territorie of the Citie we reade examples in sundrye histories as howe Iustinian a king Functius in cronologia was put to death by Helias a patrician c. And the reason of the premisses is grounded vpon two conclusions of the lawe The one is that the Emperour the King the Archbishoppe and the Bishoppe are out of their owne kingdomes countryes and diocesse but as priuate persons The other that euerie Prince and ruler within his own kingdome and rule is greater than any other although hee were the greatest monarche in the worlde The which a great learned man called Lapus de castello in plaine words most apparantly showeth his wordes be these Lapus de castello alleg 91. nu 7. 8. Extra territorium suum quilibet Rex censetur ad instar priuati constat quòd vnusquisque in suo territorio maior est vndè populus Senensis in suo territorio magis potest quà m Dominus Rex illustrissimus perpetuus Anglorum Euerie kinge out of his owne kingdome is accompted as a priuate person and it is apparant that euerie person in his owne territorie is the greater And therefore the people of Senes in Italy can in their owne state and territorie doe more than the mightie and illustrious Lord the King of England Againe we may further shew in this case that although shee were a Queen and by her royall prerogatiue not to be touched yet if she doth deuest herselfe of her prerogatiue or make herselfe subiect to the iurisdiction of another than can she not claime her priuiledge nor exempt her selfe from the others iurisdictiō For as Vlpian praefectus praetorio to Alexander the Emperor saith Est receptum eoque iure vtimur L. 14. ff de iurisdict omniū Iud. vt si quis maior vel aequalis subijciat se iurisdictioni alterius possit ei aduersus eum ius dici It is receiued and is a lawe which wee haue daily in vre that if the greater or egall doe submit himselfe vnto the iurisdiction of an other the lawe may there bee ministred to him and against him vpon which law Paulus Castrensis Iason diuers other learned mē do note that there are two kinds of submission Expressa tacita expresse commission by giuing open consent secrete submission by making any contract or cōmitting any offence so within their territories Vnus Princeps vel Baro potest alium principē vel Conbaronē punire One Prince or Baron may punish an other prince or Baron Than since the Scottish Queene in her Maiesties Realme against her Maiestie not of ignorance but wittinglie desirous of her crowne hath offended and that in no lesse case than the case of high treason by her treasonable fact shee hath yeelded a secrete submission to the iurisdiction of Englande and therefore there rightfullie to bee punished by law Wherfore to conclude since some doubt whether shee were a Queen as which had resigned vp and thereby had no kingdome since if shee were a Queene in dignitie yet in soueraintie she was no Queene but a priuate person comming into another Princes dominion since euerie Prince in his owne kingdome is chiefest and other there are inferiour to him since an inferiour person may punish his superiours for such offences they commit within his iurisdiction since a Prince by offending submitteth himselfe to the state of that countrie where he offendeth and may haue the law passe against him for it This obiection of Par in parem little serueth their purpose as which is to bee vnderstood of facts committed in their seueral kingdoms territories For than may not the queene of England punish her for ought shee hath done amisse in Scotland because they are in this case Pares that is of egall authoritie but for her demerites in England where they are not Pares but the Queene of Scots inferiour to the Queene of England there the queene of England reteineth only the supreme soueraintie and therefore there may notwithstanding the said obiection lawfully sentence the Scottish queene The 2. Obiection AN other obiection is made thus The Scottish queene pursued by her owne subiects fled into the realme of England as a suppliant for succour and therfore of common curtesie she ought to be well entreated there nor to be deteined as a prisoner or if she were deteined yet to haue the libertie to be put vnto her raunsome The Aunswere TO this may be answered first that euerie person passing through or resiaunt in another kingdome without a safe conduct or pasport being not in amitie or league with the other is a lawfull prisoner in the same And therefore in all the leagues that we make with the house of Burgūdie or kingdome of Fraunce or they with vs there is an expresse article or capitulation set downe vt sit amicitia foedus pax vt liceat per dulces aquas c. commeare that there bee an amitie league and peace and that it may be lawfull for the subiects to passe by water or land through the realme freely and without impeachment Which being graunted than must we farther in this case consider howe that vntill the last yeare there neuer was Foedus vel pax inita any league or peace made beween Scotland and Englande but only Cessatio à billo an abstinence from the warres whereby the Scottish Queene comming into England could not challenge any libertie or freedome within that kingdome Than the law standing thus that no man Nisi confederatus retinet sibi libertatē in aliquo regno c. L. non dubite ff de captiuis No man can reteyne liberty in an other kyngdome without he be in league confederated with the king or come into the realme by safe conduct I thinke it will not be gaine-said but she was staide here and deteined lawfully Againe it is not heere to be past ouer in silence how the Queene of Scots vsurped the stile and armes of the crowne of England a thing most notorious to the whole worlde Since therefore shee was a Competitor of
from her to the Queenes most excellent Maiestie allow and giue her assent to the same Neuerthelesse after the making of this acte and her sayde consent giuen therunto the monstrous conspiracie of Babington by her priuie consent and promise of rewarde for the murdering of her Maiesties sacred person and atcheiuing the crowne and diademe in full possession was practised and miraculously discouered Which I neede not heere particularly to deduce since there was a most honorable sentence giuen thereof by the most part and the most auncientest of the nobilitie since their proceedinges were declared to the whole body of the Realme assembled in Parliament of them receiued all allowance since both the houses often sued vnto her Maiesty that according to lawe iustice might be administred and since her highnesse at the great intreatie of her subiects suffered the sentence by Proclamation to be published it plainly appeareth that the intention of the lawe makers was that the lawe should reach vnto the Queene of Scots and to euerie other person whosoeuer being a Competitour of the kingdome Wherefore it is manifest that although this is statute law yet since it was the minde and intent of the makers that this lawe shoulde reache to the Queene of Scots that by offending she is made subiect vnto it Neither is the statute lawe heerein repugnant in substance to the lawe of Nations howbeit there bee some difference in some matter of circumstaunce but the same agreeth with the lawes both ciuill of Nations in substance which generally do inflict the penaltie of death vpon euery one that is a worker of treason Besides if the statute lawes of England wil bind the king himself for any matter within his realme when the intentiō of the makers of the law is such as it is verie plaine and cleere without all controuersie that it doth shall not a statute law bind the queene of Scots especially for mattter perpetrated within the realme And as touching the said statute of the 27. shee could not pretend ignorance for that she had vnderstanding of it nor alledge a mislike therof for that by her voluntarie subscription she had approued it nor except against the seueritie of the law because it is agreeable both to the ciuill law of the Romanes also to the law custome of her owne countrie and therefore it may be said to her Non potest quis improbare quod ipse approbauit a man may not bee contrary to himselfe in disalowing that which himselfe hath allowed Also Patere legem quam ipse tuleris suffer the same lawe which you haue made your selfe Shee meant death to the queene of Englands person let her not therefore mislike if the queene of England doth minister the like measure to her person for as it hath been neere fifteene hundred yeeres agoe trulie written Non est lex aequior vlla Quà m necis artifices arte perire sua No iuster lavv can reason craue Thē seeking death the same to haue Also it is a rule of the ciuill law grounded vpon the law of nature Id debet cuique placere in sua persona quod placuerit in aliena that euerie man ought to like that in his own person which he would haue done in the person of another neither doth the priuiledge of dignity in the person alter the nature and qualitie of the offence in case of treason howsoeuer it doth in other cases as before I haue sundrie wayes confirmed The 4. obiection THE fourth obiection made against the sentence and excution of the Scottish queene is another exception taken against the law of the lande because in the case of treason it punisheth as seuerelie the intent as the deede the minde in conspiring as the hand in executing for thus they reason It is both against the lawe of nations and the law of nature howsoeuer it bee according to the lawe of your lande to put a queene to death for a bare and naked intent an imagined treason be it neuer so haynous when there followeth no hurt For whē her desseines neither did nor could hurt the Queene of England as neuer hauing their intended effect what reason is it to punishe a fancie and feare of treason with so great a punishment as death The Aunswere TO this I make this aunswere that the lawe of England heerein inflicteth none other punishement for treason than the ciuill law and law of nations throughout the whole world commandeth vseth and practiseth The ciuill law hath these wordes Eadem seueritate voluntatem sceleru quae effectum puniri iura voluerunt L. quisquis C. ad L. Iuliam maiestatis the lawes will haue him that conspireth treason to be punished with the same seueritie as him that doth commit it Againe not onlie in the case of high treason but also in omnibus atrocioribus delictis punitur affectus licet nō sequatur effectus in al criminal offences of the highest degree the affect is punished although no effect follow And this lawe hath not only been so obserued generally in all nations aboue twelue hundred yeeres past but there was many hundred yeeres before Christes time in casu perduellionis in the case of treason committed against the state the like law called lex 12 tabularum established 12. Tabularum ff ad L. Iuliam maiestatis which inflicteth death for the will and intent of treason And therefore the said two Emperors Arcadius Honorius in their cōstitution made against treason said not volumus D. L. quisquis ad L. Iuliam sed sic iura voluerunt the lawes were so before their time But to say that there ought in offences of the highest degree no punishmēt to ensue vnles the act were consummate were most against law for two speciall causes The one for that such hope of impunitie would encourage malefactors to practise most daungerous and audacious attempts against kinges and common weales Secondly if they stay to punish till the fact be done the losse will be irrecuperable and the offence as this case is in a competitor though most haynous dispunishable For in this case in question the death of her Maiestie whom God euer preserue being taken away all commissions and magistracies for iudicial places should cease so that this being contriued by a cōpetitor to the kingdome as the Queen of Scots by open and expresse accord hath often declared herselfe the same offence by the accesse or taking vpon her the crowne and dignitie should by lawe be purged and the competitor cleared For king Henrie the sixt after the ouerthrowe giuen him by king Edwarde the fourth was by act of Parliament disabled from his crowne and dignitie And yet afterwardes the saide king in his redemption helde Parliament and in the same the question did growe whether there needed any reuersall of the saide former acte made against the sayde king It was resolued that no reuersall was needfull but ipso facto that the sayd king Henrie the vj. tooke vpon
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
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
gard But if she were kept in the tower that then for Gods sake the rest of the conspiracie must proceede yet notwithstanding leaue not for Gods sake to proceede in the rest of the enterprise for I shall at anie time die most contented vnderstanding of your deliuerie foorth of the Our freedom vnder our most gratious Qu. she calleth a seruitude and slauerie seruitude wherein you are holden as slaues I shall assaye at the same time that the woorke shal be in hande in these partes to make the Catholiques of She would raise a rebellion in Scotland and take the king her sonne prisoner Scotlande to arise and to put my sonne in their hands to the effect that frō thence our enemies here may not preuaile of any succour I woulde also that some A rebellion or inuasion in lielande stirring in Irelande were laboured for and to beginne some while before that any thing were doone here to the ende that the alarum might be giuen thereby on the But the blow and inuasion to come by the king of Spains forces out of Flaunders flatte contrarie side that the stroke should come from Your reasons to haue some generall She liked to haue an head and chiefe staie in rebellion heade or chiefe me thinkes are verye pertinent and therefore were it good to sounde some obscurely for that purpose From ouer sea the 11The Earle of Westmerland a man of that faction Earle of Westmerlande may bee had whose house and name may doe muche you knowe in the North partes as also the The L. Paget to returne and be head of the conspiracie Lorde Paget of good abilitie in some shieres here abouts Both the one and the other may bee brought home secretly amongest whome some moe of the principall banished may returne if the enterprise be once resolute The sayde Lord Paget is nowe in Spaine and may intreate all there which by his brother Charles Paget Charles you will commit vnto him touching this affaire Beware that none of your messengers whome you sende forth of the Realme A caueat for transporting of letters carrie ouer any letters vpon themselues but make their dispatch be conueied eyther after or before them by some other take good heede of spies and A caueat of false brethren and especially priestes false brethren that are amongest you specially by some Priests that are alreadie by our enemies wrought for your discouerie And in anye wise neuer keepe anye A caueat to keepe no paper that may doe harme paper about you that may in any sorte doe harme For from like The inconuenience that hath happened by papers errors haue come the onely condemnation of all suche as haue suffered heeretofore against whome could there otherwise haue beene nothing prooued Discouer as little as you can your names and intentions to the french Ambassadour now leiger in London for although he be as I vnderstand a very honest gentleman and of a good conscience and religion yet feare I that his Maister entertaineth with that Queene a course far contrarye to our desseignements which may moue him to crosse vs if it should happen he should haue anye particular knowledge thereof All this while past I haue sued to change remoue from this house and for aunswere onely the castle of Dudleye hath beene named to serue the tourne so as by apperance within the end of this sommer I may go thither Wherefore aduise so soone as I shall be there To make pronision for her escape when she shal come to Dudley castle what prouision might bee had aboute that part 19 for my escape from thence If I staie heere there is for that purpose one of these 20 three meanes following to be looked for The firste that at one certaine daye appointed in my walking abroade on horsebacke on the moores betwixt this and Stafford where ordinarilye you knowe very fewe people do passe Shee deuiseth 3 meanes to escape The 1. meane to escape a fifty or threescore men well horsed and armed may come to take me there as they may easily my keeper hauing with him ordinarily but eighteene or twēty horsemen only with daggs The second meane to come at midnight or soone after to set fire in the barnes and stables which you know are neere to the house The second and whilest my Guardian his seruaunts shall runne forth to the fire your company hauing euery one a marke whereby they may know one an other vnder night might surprise the house where I hope with the fewe seruaunts I haue about mee to giue you correspondency And the third some that bring carts hither ordinarily comming early in the morning The 3 meane the carts might be so prepared and with suche cart-leaders that beeing iust in the middest of the great gate the carts might fall downe or ouer whelme and that therupon you might come sodainly with your followers to make your selfe Maister of the house and carry mee away so you might doe easily before that any number of souldiars who lodge in sundry places forth of this place some half a mile some a whole mile of might come to their reliefe Her large promise of reward to the traitors Whatsoeuer issue the matter take I do and will think my selfe obliged as long as I liue towardes you for the offers you make to hazard your selfe as you doe for my deliuery And by any meanes that euer I may haue I shall do my endeuour to recognize by effect your deserts heerin I haue commanded a more ample alphabet to be made for you which herewith you shall receaue The contents of a letter written by the Scottish Queene to Bernardin de Mendoza 20. of May 1586. after the Popes Calender I Finde my selfe greatly troubled what course to take To take a new course for an other course before a newe for the affaires on this side the sea Charles Paget hath a charge from me to imparte vnto you certaine an ouerture to be imparted to the spanish Ambassador for his maister by C. Paget ouertures in my behalfe whereupon I pray you deliuer him freely what you thinke may be obteyned thereof from the king your maister There is an other point depending thereof which I haue reserued to write to your owne selfe for to bee by you sent vnto the king your maister on my behalfe no man else if it be possible being priuie thereunto that is that considering my sonnes great obstinacie in heresie and foreseeing hereupon the imminent daunger and harme like to ensue to the catholike church hee comming to the succession of this Realm I haue resolued with my selfe in case my sayde sonne doe not reduce himselfe before my death to the catholike religion as I must tell you plainely I haue small hope so long as hee shall remaine in Scotlande to A promise to giue by her last will to the spanish king the succession of the crowne of England giue and graunt my right to the sayde king your maister in the succession of this crowne by my