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
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
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 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
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
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 quà m 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
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