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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
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
the eternall and Almightie Lorde of his vnspeakable and accustomed goodnesse by a myraculous discouerie preserued the same The second Chapter containing a second Analogie or Resemblance betvveene the Emperor Licinius and the said Marie Queene of Scotland A second president much resembling the case in question is offered vnto vs from our countrieman and most Christian Emperor Constantine the Great who commaunded the death of Licinius the Emperor and yet this act was neuer controlled by any writer The Historie AFter that Constantine had taken in open hostilitie Licinius consort with him in the Empire Eusebius Socrates Sozomenus Sigonius de imperio occidentali Mexia in vitis Constantini Marentii Licinii who fauoured the Heathen persecuted the Christians and came in armes to violate his person yet at the request of Constantia his sister wife to the said Licinius he spared his life bound him to remaine at Nicomedia in the Prouince of Bithinia But when afterwards Constantine was enformed that the saide Licinius attempted a new insurrection and was to that purpose confedered with other Princes Constantine the Emperor put to death his Colledge Emperor Licinius and neuer controuled therefore and sought to flee away from the place appointed than did he foorthwith commaund the said Licinius to be put to death in the xv yeere of the said Constantines raigne when hee was lx yeeres of age and in the yeere of our Lord God 377. The comparison and resemblance betweene these two cases is verie like First Constantine and Licinius vvere both chosen Lordes and Princes of the Empire So Elizabeth Queene of England and Marie Queene of Scotland vvere both called to the state of kinges in the yle of Britanie The Empire of Britanie diuided into two kingdomes as the Empire in Constantines time was into two Empires although in diuers distinct kingdomes and therfore the doinges of Licinius mought seeme to haue more colour of right to the Empire than Mary of Scotland to entitule herselfe in this Realme Marie queene of Scotland but a titularie queene Kings of Scotland haue been feudaturies done homage to the kings of England beeing also but a titularie Queen in her ovvn land as it appeareth by the Chronicles and by auncient recordes her Progenitors haue done homage for their kingdomes to the crovvne of England Licinius notvvithstanding manie princelie benefites receiued at the Emperor Constantins hands Eusebius Socrates insomuch that he vvas aduaunced by him to the mariage of his ovvne sister Constantia vvhich descended from a princelie progenie of kings yet contrarie to his oath and promise like an vngratefull man he became a professed enemie to Constantine Marie of Scotland albeit shee receaued manie great fauours at the hands of Queen Elizabeth in sauing both her honour and life Scotland in an 1568. England 1● reg Eliz. vvhen she vvas so earnestlie pursued by the Lordes and the commons both of Scotland and England yet like an vnthankfull person shee did shevve her selfe contrarie to her vovved promise an apparant enemie to the Queene of England Her letters to the B. of Glascon to B. Rose Morgan and Mendoza Licinius vvould alone haue bin Lord and prince of the Empire by the remoue of Constantine So Marie vvoulde bee the onelie Queene of Britanie Diuers books and pedegrees published by her agents and fauorites to that effect Resignatio facta 1567. Vide Buconanum fol. 196. And Holingsheds Chronicle fol. 388. and not onlie abandon her ovvne sonne from the kingdome of Scotland after that she had resigned the same vnto him but also expell her Maiestie Queene Elizabeth from her proper vndoubted kingdome of England Licinius vsurped an vniust title calling himselfe the vniuersall Emperor So did Marie of Scotlande giue long since In the booke called Expositio cansarum And she did it at her entrie into Poitiers in Fraunce and would not be reduced from the allowing of the same in all her proceedings ouer since both the title and armes of England vsurping therein the roiall state of her Maiestie and crovvne of England Licinius came not vvillinglie vnto Constantine but by force of armes vvas taken at Chrysopolis a Citie vvithin the prouince of Bithinia and brought to Constantine Marie of Scotland came not vvillinglie into the lande and dominion of our Soueraigne Queen Elizabeth Hollingsheds Chronicle fol. 392. but being encountred vvith her nobilitie enforced to leaue the field came by boate into Werkington Hauen in the vvest marches of England Licinius had his life once pardoned for open hostilitie against the Emperor Constantine Mexia in vita Cōstantini ca. 1. Eusebius Socrates Sozomenus Marie of Scotlande hath had her life spared for murdring her husbād also for hostilitie and treason practised against Elizabeth Queene of England 13. regni Reginae Elizabethae published in Parliament Licinius although pardoned Mexia cap. 10. Socrates lib. 1. cap. 2. Sozomenus lib. 1 cap. 2. yet vvas not too far trusted by Constantine but first cōfined to Nicomedia aftervvards to Thessalonica and there had a noble gard about his palace and person Marie of Scotland Iustlie mistrusted for giuing the armes and title of England and refusing to ratifie the treatie of Edingburg and afterward for procuring the rebellion in the North and manie other treasons since she had for her abode Carlile castle Bolton Castle Sheffeld castle all at the Queene of Englands great charges and expenses and great fauours vvas vpon most iust cause mistrusted and therefore confined to certaine statelie houses in England there had princely maintenance and an honourable gard attending her person Licinius did seeke to flee avvay from the place vvhereunto he vvas enioyned Marie of Scotlande did manie times practise the like in England Confessed by her before the Lords at Fodringa castle Licinius did treat vvith diuers princes and captaines to make nevv vvarres against Constantine Marie of Scotland did not onlie practise vvith diuers princes The practise of bringing in of forces cōfessed by her before the Lords Noblemen and others to bring in forreine forces into the Realme of Englande The rest confessed by Babington Ballard and other of that conspiracie and most horrible treason but also did conspire and contriue vvith euil disposed subiectes to England the chaunge of the state the ouerthrovve of religion the death of her Maiesties sacred person the massacre of the nobilitie and an vniuersal desolation of the vvhole Realme To conclude Mexia in vita Constantini ca. 1 Socrates Sozomenus in the foresaid places Licinius for endangering againe Constantines person and seeking by nevv troubles to aspire to the Empire like as Maximinianus before had done vvas by the appointment of Constantine adiudged to die Marie of Scotland hath giuen far greater cause to our Constantine Elizabeth Queen of England to fear nevv conspiracies both against her Maiestie the state of the vvhole realme like as the said
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 tàm ratione delicti quàm 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
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 quàm 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
him the royall dignity to be king whether it were de iure or de facto that all the fame was voyde The like came in question in the first yeare of king Henrie the vij at the first Parliament by him holden and receiued the same resolution For the place doth so dignifie the person that all steine of former actes is cleane washed awaye and so the Queene of Scottes if shee might haue brought her practises to execution ment as these pleaders or rather plodders about delictum consummatū mean to haue escaped vnpunished Seeing than the lawe of England in case of treason is no other than Lex per omnes gentes diffusa the lawe spredde abroade through out all Nations by the which generally all the Nations of the worlde are gouerned kinges obeyed offences punished I thinke it appeareth to anie indifferent Reader vnto howe broken a staffe they leane that cite the lawe of Nations against vs. And whereas they adde farder that the lawe of Nature maketh for the Scottish Queene in this behalfe I take that obiection farther out of square than the other Of this lawe Tullie writeth very grauely in his booke of common wealth in this wise Cicero lib. 3. de republica Est verò lex recta ratio naturae congruens diffusa in omnes constans sempiterna quae vocet ad officium iubendo vetando à fraude deterreat There is a lawe which is reason it selfe agreeable to Nature imprinted in the hearts of all alwayes one and the same and wherof there is no ende which putteth euerie man in minde to doe his dutie by commaunding and withholdeth euerie man from doing wrong by forbidding Nowe is this Recta ratio to practise a Princesse death Rectaratio for a kingdome to thirst after the bloud of an innocent If this be no reason but a Counsell reasonlesse then what is more agreeable to reason than this that the Scottish Queene should haue that done to her which shee meant to haue done to our Soueraigne And what is more disagreeable to reason than that the Prince should not punish the intent of a Traitour vntill hee had murdered the prince and brought his wicked purpose to effect Is there any thing more absurde and vnconsonant to reason than for a kinge still to spare the Conspirator till the Conspirator hath made away the king Neither is this naturae congruens Naturae congruens agreeable to nature for a Prince to incite to counsell to promise a reward vnto subiects to kill their owne liege Ladie and Soueraigne For Florentinus saith Florētinus L. vt vini de instit iure ff that cùm natura cognationem quandam inter homines constituerit hominem homini insidiari nefas est seeing nature hath conioyned men in a certaine kindred it is nefarious for one man to destroy another And as this is vnnaturall and monstrous for a man to compasse the death of his brother so this is contrary and repugnant to nature for a man by all possible meanes not to defende himselfe For as Tully saith Cicero pro Milone Est haec non scripta sed nata lex quam non didicimus accepimus degimus verū ex natura ipsa arripuimus hausimus expressimus ad quā nō docti sed facti nō instituti sed imbuti sumus vt si vita nostra in aliquas insidias si in vim atque in tela aut latronū aut inimicorū incidisset omnis honestae ratio esset expediendae salutis There is a law saith he not written for vs but borne with vs which wee haue not learned receiued or read of other but which wee haue taken drawen and wrested from nature herselfe vnto which wee are not taught by other but borne by nature not instructed but naturally inclined that if our life shall fall into anie danger violence or weapons of theeues or enemies in that case euerie meanes to saue and succour our selues is both honest and commendable Silent enim leges inter arma nec se expectari iubent cùm ei qui expectare velit iniusta poena luendae sit quàm iusta repetenda For the lawes are silent among princes weapons neither do command that they should be regarded when he that hath regard vnto them must abide some vniust punishment before that any good meanes by them can be had to punishe the offendor And not onelie this to defend himself is according to nature but this is also to cut off euils in the first spring least by sufferance they grow so strong that hereafter when men would they cannot remedie them Further is added by Tullie Diffusa in omnes Diffusa in omnes that it is generallie receiued of all nations Constans that is constant Constans alwaies one and the same not variable either in respect of person place or time but to all persons and in all places and times it is one the same and like it selfe Sempiternall Sempi terna Quae vocet ad officiu m iubendo veiando à fraude deterreat which hath been from the beginning and shal continue the same to all succeeding ages that shall come hereafter whose propertie is inwardly to speake to a mans heart shewing what hee should followe and what he should forsake Now had the Scottish queene this warrant frō nature and did nature teach her to kill her Protector Or if her nature did so instruct her is this the conscience of all other and are these the defires of good mens heartes hath this been the practise of natures lawe which hath been from euerlasting and is alway to continue Nay since the lawe of Nature is imprinted in the hart of man and there sheweth what he should will or what he should intende whosoeuer doth not so will and so intend to doe as this law commaundeth he is not to be accounted an obseruer but a breaker of the lawe And therefore for them to appeale to the lawe of Nature for excuse of their euill purpose or dooing is eyther to make Nature repugnant to her selfe or to giue sentence against them for their euill intente Wherefore as these properties of the Lawe of Nature nothing make for the Scottish Queen but are wholely abhorrent from her endeuours for who dare say that such her complots are approueable by nature so they are a great warrant to her Maiestie when there is no meanes left to saue both than by the others death to prouide for the safetie of her owne person and her Realme For this Nature teacheth and the conscience within better than a thousande witnesses doeth warrant this hath beene the guise of all Nations other Princes haue doone it before and they that doe come after will doe the same And as the will that willeth treason is therfore culpable because it so willeth so is it likewise punishable if it bee knowne But in this case of the Scottish Queene there was not onely treason in her will and in her secrete
intent a thing much repugnant to the good instinct of Nature but also her intent was communicated vnto other concluded on with other And howbeit shee failed of her mayne purpose which was to haue her Maiestie killed the lande ouerrunned and her selfe to be possessed of the crowne yet she had her forth in many her desseinmentes as the rebellion in the North the confederacie of forrein Princes to inuade the land the coniuration of natural English most vnnaturally to destroy their own Soueraine and many other Wherefore since the will and intent in haynous faultes by Ciuill lawe is to be punished by death and nature likewise reproueth and punisheth euerie vniust thought since the other did still wil and ingeminate her treasons and still would if shee could bring it to effect since in this her case there is not onely her will to desire treason but her approuement to allowe and promise to rewarde the same accompanied with many other seditious deseignes who can say that so to will deserueth not death although the will lacketh both force and forth and bringeth not all that is conspired to effect That in two especiall cases the drawing of the sworde of one Prince against an other is not only lawfull but necessarie ALthough the persons of Princes are most sacred and the maiestie of an absolute king very reuerende as beeing the Lordes annoynted aduaunced by him to their imperiall crownes and dignities in such sort as it behoueth euerie man reuerently to speake of them and in al dutifull sort to demeane themselues towardes them yet since there be euil Princes aswell as good such which haue made themselues vnworthy to rule whome God hath thrust from their crowne it is not amisse for the contentment of other if so be there be anye so euill that is therewith discontented to prooue vnto them howe lawefull it is in these two cases for one absolute Prince to drawe his sworde against an other And that is first where the royall person of a Prince is by another Princes means endaungered of life that then and in this case he may redeeme his own life and safetie by the death and destruction of that other Secondly where not the life of the Prince but the disturbance of the publike weale the subuersion of the state is intended and sought for and likely without this last remedie to ensue In this case to saue his countrey and people whom God hath commited to his charge a Prince may lawfully sentence the abfolutest Monarche in the worlde For the first I take it aswell by the learned in the lawe of God as by those of the lawe Ciuill allowed of that Charitas incipit à se charitie or loue beginneth at it selfe vnto which accordeth that which Florentinus writeth quod quisque ob tutelam corporis sui facit hoc iure fecisse existimatur L 3. de iustitia iure That which euerie man doeth for the safegarde of his person he is deemed to haue doone it lawfully The which Tullie in these wordes farther sheweth Cicero pro Milone hoc ratio doctis necessitas barbaris mos gentibus feris natura ipsa praescripsit vt omnem semper vim quacunque ope possent à corpore à capite à vita sua propulsarent This both reason hath taught the learned and necessitie the ignorant and custome all Nations and nature it selfe the wilde and sauage beastes that they should by all meanes possible preserue their liues from all violence The which being graunted 1. case lawefull for one king to draw his sword against an other when his life is endaungered then where a Prince hath no meanes left him by the euill and treacherous practises of that other to saue his owne life but this one in this case he may rewarde the other according to the wickednesse of his wayes giue the others life a ransome for his owne and bring that due death on him which vniustly hee had thought to haue inflicted on an other For since nature and wisedome teacheth this if so be there fall out so desperate a case of two euils to chuse the least when one cannot as hee would to doe then as he may that which maketh for the best what should a Prince in this case doe should hee suffer himselfe vniustly to be murdered as an innocent or should he iustly drawe out his sworde against the nocent Let a man let a Prince make this case his case and say what would he would he betray his owne guiltlesse bloud and suffer the wicked to haue his forth would he still lye at the warde and neuer strike being so often assaulted If so be there be one found so voyde of reason so carelesse of himselfe yet is not God delighted therewith for hee would haue vs to preuent the occasions of greater euill and to punish the wicked for their sinnes For be hee the greatest Monarch of the worlde yet God neither liketh nor approueth folly in him neither would he haue any man to be a furtherer of him in his sinne And doe not Princes sinne in compassing the death of other innocent and harmelesse princes Cicero in his boke of duties As God abhorreth this fact in them so he disliketh all them that further it all that will not hinder it For as Tully saith he that hindereth not euil when he may is aswell in fault as he that did it May then Princes punish treasonable facts and will they suffer them vnpunished when they are againe and againe attempted and likely to effect their intended purpose if they doe thus suffer they doe not hinder but further treason are in a sort guiltie if after they miscarrie of their owne death For if they had punished them for the first attempts they had freed themselues frō the danger of the second but by winking at and pardoning the first they themselues are in cause of their after misfortune Which if it should follow that an ouer mercifull Prince should bee murdered by his Competitor whom he spared whether had it been better in it selfe or more allowable by the lawes of God man that a wicked Prince which had often practised and at length hath compassed the death of another shoulde first himselfe haue been put to death than that an innocent harmlesse Prince should by the villanous practise of that other be traiterouslie flaine Surely iustice vengeaunce will soone make aunsweare and teach vs what aunswere in this case we should make For what is more absurde than that the Prince should stay from taking away the Conspirator till the Conspirator hath taken away the Prince Or who is there that should think that the law in this case doth not account euen in a Prince voluntatem pro facto the verie intention for the act where post factum that is after the deede done and the prince flaine there is neither lawe nor magistrate remaining Neither is this without many notable presidents Cicero pro●ege Deiotaro
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 Empērour Constantine Eusebius Mexia alii vpon the like feare of a newe insurrection and destruction of his people take away the life of the Emperour Li●●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 cōtent with al this she hath laboured by her letters and ministers sundry forreine princes to inuade this realme the pope Spanish king with sundry cōbined cōfedered 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 mōstrous 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 Parliamēt 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 whē 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
A DEFENCE OF THE HONORAble sentence and execution of the Queene of Scots EXEMPLED WITH Analogies and diuerse presidents of Emperors Kings and Popes With the opinions of learned men in the point and diuerse reasons gathered foorth out of both Lawes Ciuill and Canon Together with the answere to certaine obiections made by the fauourites of the late Scottish Queene Vlpians Maxim Juris executio nullam habet iniuriam The execution of Lawe is iniurious to no man AT LONDON Printed by Iohn Windet The contents of the booke 1 The first Chapter conteining an Analogie or Resemblance between Ione Queene of Naples and Marie late Queene of Scotlande 2 The seconde chapter conteining an other Analogie or Resemblance betweene the Emperor Licinius and the said queene Mary 3 The third chapter conteining certaine presidents of sundry Emperors kings that haue in some case put other princes vnto death 4 The fourth chapter conteyning the actes and iudgementes of sundrie Popes which haue approued the death of some Princes 5 The fift Chapter conteining a confirmation of the honorable sentence execution past against the late Scottish Queene by sundrie reasons and authorities gathered foorth of the Ciuill and Canon lawe 6 The sixt chapter conteining seuerall aunsweres to seuerall obiections lately made against the said sentence 7 The seuenth chapter wherein is prooued that in two especiall cases the drawing of the sworde of one Prince against another is not onely lawfull but most necessarie 8 The conclusion vpon the sum of the saide Chapters AN ANALOGIE OR resemblance betweene Ione queene of Naples and Marie queene of Scotland IOne queene of Naples being in loue vvith the duke of Tarent Collmitius lib. 5. in historia Neapolitana Petrus Mexia in vita ve●celai Historia blondi Epitome pij secundi caused hir husband Andrasius or as som terme him Andreas king of Naples vvhom she little fauoured to be strangled in the yeare of our Lord God 1348. Marie Queene of Scotland being as appeareth by the Chronicles of Scotlande and her ovvne letters in loue vvith the Earle Bothwell Author de nuptijs Mariae Bucchanan in historia rerum Sco●icarum Hir casket of letters were deliuered to the Lordes out of Edingburg castle by lames Balford one of the conspiracie against the king See the detection of the doings of Mary Queen of Scots c. and the inditement of Bothwell other like printed in Scottish caused hir husband Henrie Lorde Darley king of Scotland vvhome shee made small account of long time before to be strangled and the house vvhere he lodged called Kirk of fielde to be blovven vp vvith gun povvder the tenth of Februarie in the yeare of our Lord God 1567. 2 Jone queene of Naples did presentlie after the shamefull slaughter of her husbande Colinutius lib. 5. pag. 216. Petrus Mexia marrie vvith the saide Duke of Tarent notvvithstāding that they vvere ioyned in kinred neere togither Marie Queene of Scotlande shortly after the villanous death of her sayde husband Author de nuptijs Mariae Buconan fol. 190 191. lib. rerum scoticarum 18. vvas publikely married at Sterling by the Bishop of Orkney to the said Earle Bothwell notvvithstanding that he had then tvvo vviues aliue Also the detection aforesaid and the scotish monuments and vvas diuorsed from the third called dame Iane Gorden vpō a likely adulterie by himselfe committed 3 Ione Queene of Naples had no long fruition of her inordinate lust and infamous marriage vvith the saide Duke of Tarent Colin●tius lib. 5. pag. 216. 218 for he being therfore detested of all the countrey pined avvay shortly after vvithimmoderate venery thought Marie queene of Scotland after that adulterous marriage had vvith Bothwell Buconan fol. 199. ●95 lib. 18. 19. did but a small time enioy him for the Nobilitie and the commons rising in armes against them put thē both to their seuerall shifts first Bothwell to flee into Denmarke and not long after that the saide Marie into England the vvhich Bothwell liuing or rather languishing in prison and like a banished and consumed man had there nothing so comfortable to his guiltie conscience as present death vvhich there also aftervvard ensued 4 Ione Queene of Naples raised a detestable scisme and diuision in Italie and Fraunce Colinutius lib. 5. Mexia in vita Vencelai Platina in vitae Clementis v. vita vrbani 6. by reason of tvvo Popes at one time Vrban pope at Rome and Clement pope at Auinion Marie the Scottish queene did sovv the seede of scisme and sedition B. rose at his examinution 26. octobris 1571. both in the church of England and of Scotland by the meanes of three Popes Pius most impious to her Maiestie Gregorie the xiij and Sextus the fift novve Pope His book called the discouerie of the Scottishe Queenes affaires in England fo 20. Her letters to the B. of Glosco written in Cipher dated 6. Nouember 1577. Her letters to French Spanish Ambassadours vvhich vvhat vvith the brutish bull vvhat vvith sundry thūderbolts of excommunication purchased by her meanes and her ministers vvhat vvith dispensations giuē to all those that vvould in her fauour rebell against the Queene our Soueraigne Ladie haue not onely sought to vvithdravve the hearts of her Maiesties euill disposed subiectes from their naturall loue due obedience but also haue bene the impulsiue and principall cause of all Scismes and other vnnaturall dissensions vvithin her Maiesties kingdoms and dominions Ione Queene of Naples Petrus Mexia in vita Vencelai sent to the Pope of Auinion called by many historiographers Antipope Clement a Pope of her ovvne facture fashion to vphold and defend her quarrell against Charles forces vvho by reason that he vvas Nephevve of Lewes king of Hungary sonne according to some vvriters or as some say next of kinne to Andreas or Andrasius her first husband king of Naples by her murdered vvas Competitor vvith her in the said kingdome Collinuti us lib. 8. pag. 215. 224. that by the title of Robert king of Naples her grandfathers testament also by kindred Marie of Scotland sent many times to the Popes of Rome not so much for the defence of her self and her sonne in the kingdome of Scotlande Rud●lph an Italian merchāt her messenger in this behalfe B. Ros his letters confession 26 Octob. 1571 Her letters to B. of Glasco Her letters to euerie of the Ambassadors French Spanish Her letters to Morgan her agent in France and his letters to her Her most spiteful letter to the English and Scottish banished men beginning If euer Prince Iohn Hameltons letters to her 6. Iulij 1571. the Duke of Aluas message sent by him B. Rose letters emploiment by her in Germani● Father Henr●e● message from her to the princes combined for the contribution towards the inuasion of the Realme and putting her in actuall possession of the same as vvhich is far vvorse to the
the crowne and thirsted after the crown of this realm in possession could not bee reclaimed from the same although by her Ambassadors she promised diuers times to doe it since God had put her into her Maiesties hands well might her Maiestie take and keepe her vntill she had perfourmed her promise For did not Tiberius deteine king Cotys did not Constantine the Emperor doe so with the Emperor Licinius Dyd not Lewes the French kyng called Lewes the Pitiefull doe the like vnto Barnard king of Italy Doth it not stand with the law of nature which is ius immutabile a law immutable for euerie person to prouide for the saftie of himselfe and all that are committed vnto his charge And if we should graunt her that she came in as a suppliant and of free will and not dryuen in by tempest when she meant according to some writers to haue gone into Fraunce what if she came hither for succour as it may be whē she saw no other remedie she shewed to be her intent is it not as great or more reason for our soueraigne to succour her selfe as to succour her For if the Scottish queene thinketh our queene boūd by the law of nations to take her after this maner cōming into her protection doth not the law of nature teache our queene vnder colour of protection to prouide against prodition So that whiles the other carried alwayes with her this ambitious minde to bereaue the queene our soueraigne of her kingdome of England if she had been set at liberty had she not been far more enabled to accomplish her desseines for otherwise to what intent dyd the princes and her allies and all her adherents desire and thirst so much her enlargement but to make her an head to be set vp in time of inuasion against her Maiestie But supposing that her Maiestie had no iust cause of her so doing and her deteyning heere had beene wholly vnlawful mought she therefore seeke to take away the life from the queene of Englande The practise of so many horrible treasons may not be shifted with this so vntrue and slight pretence nor coloured with a faire showe of natures lawe for so many seditious vnnatural and vngodly desseinmentes most repugnant to the lawe of nature and contrarie to the lawes both of God and man can not abide any such shift or colour The 3. Obiection THe two first obiections made against the sayde honorable sentence are in regarde of the Queene of Scottes person But the two obiections following doe rather tende to the disalowance of the lawe whereupon the sentence is grounded For say they although wee should graunt that one king may sentence an other king delinquent and resident within his kingdome wee thinke it not cōuenable that in the case of a king the tryal shoulde be by the municipall and statute lawe of the lande but only by the common and generall lawe receiued amongest all other nations Againe since the lawe of Nations as they say punish the effect and not the affect him that hath committed not him that willeth or intendeth treason that therefore they haue delt iniuriously with the Scottish queen in punishing her by death for onely willing and intending treason which as yet had not the intended effect The aunswere FOr answere to the first of these two obiections A Prince may bee tried by the municipall and statute lawe of the lande where he offendeth the which appeareth by one of the most auncient interpreters of the Ciuill law Albericus de Rosate and that in the case of a king sentenced for high treason Albericus L quisquis ad L Iuliam maiest C D D in L 1. c de trinitate where he moueth this said case and resolueth it thus Nonne vnusquisque delinquens iudicabitur secundùm leges loci in quo deliquit Respondeo verum est si de intentione legislatoris fuit factum ipsum afficere omnem personam quae incideret in ipsum factum Nam non plus extenditur lex quàm fuit de intentione legislatoris That is to say Is not this agreed for law that euerie delinquent or offendor against the law shal be adiudged according to the lawes of the place where he committed his delict or offence That is true saith hee if it were the minde and meaning of the maker of the lawe to punish that offence and euerie person that shoulde fall within the compasse of the sayde offence for the lawe is neuer extended farder than the intention of the lawe maker And was not the intention of the makers of the statute lawe made the 27 of her Maiesties raigne most euident after so many seditious desseignmēts and most wicked plots laide both for the indaungering of her highnesse most royall person and also for the ruine of the common weale to deuise a speedie remedie for such an apparant mischiefe Did not the wicked attempts of Throgmorton and Parie and the continuall practise of fugitiues beyonde the seas and traiterous subiectes at home make it as cleare as the sunne in the eye and heart of euerie good subiect howe necessarie it was to prouide speedie remedie herein Did not vpon these respectes and to meete with these and such like mischiefes the whole Realme assembled in Parliament enact thus That if anie open invasion or rebellion should be made in or vvithin her maiesties Realme or dominions or any acte attempted tending to the hurt of her Maiesties most royall person by or for any person that should or might pretende anye title to the crovvne of this Realme after her Maiesties decease or if any thing should be compassed or imagined tending to the hurt of her Maiesties royall person by anye person or vvith the preuitie of any person that shall or may pretend title to the crovvne of this Realme that then such person vvhatsoeuer should be vvithin the compasse of that lavve Wherefore by that lavve as may bee gathered both by the preamble and body of the act the saide tvvo great daungers vvere sought to be prouided for her Maiesties preseruation and the common peace of thole realm You will say it tended onely to subiectes To that I aunswere it had beene then a needelesse lawe for those attemptes by subiectes by the common lawes of this Realme and so agnized by the statute of 25. Ed. 3. de proditionibus were high treason before and therefore there needed no new lawe for them For whom was this lawe then especially made It plainely appeareth by that which is before alleadged that it especially respecteth all those persons whomsoeuer that should or might pretende title to the imperiall crowne of this Realme And did not Marie of Scotlande at and long time before the making of that act pretende title to the crowne of this Realme not onely to haue it after her Maiesties decease but foorthwith to be put in actuall possession And did not the saide Marie after the making of the saide statute by her subscription and letters specially addressed
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 Quàm 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
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 discontēted subiects the very cause for whō the Pope thundereth keepeth this stir for whō so many monsters haue aduentured thēselues 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 possessiō 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 Pe●●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 ●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 remnāt 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 commē 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 Preparatiō 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 cōmend 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 coūtrey 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