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
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
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 veâ—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 Scoâ—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 notvvithstaÌ„ding 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 vpoÌ„ 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 Colinâ—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. â—95 lib. 18. 19. did but a small time enioy him for the Nobilitie and the commons rising in armes against them put theÌ„ 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 thuÌ„derbolts of excommunication purchased by her meanes and her ministers vvhat vvith dispensations giueÌ„ 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 Rudâ—lph an Italian merchaÌ„t 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 Germaniâ— Father Henrâ—eâ— 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
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
in that case and so in the case of an Archbishoppe Panormitan and Felin expressely set downe C cum inseriors de maior obed that he may by his inferiour Byshoppe being not his suffragan receiue condigne punishment for the offence that hee hath committed within the sayde Byshoppes diocesse Anchoranus addeth farder Anchoran clem 1. de fore comperente that if a patriarche should offende within the territorie of Bononie the Byshop there mought punish him accordingly And that an Emperour may be in like manner punished by an other Prince in whose territorie he hath offended Vaskins lib. 1. contr f. illustrium Ferdinandus Vaskins in his booke of princely controuersies doeth affirme in these wordes Imperatorem ab alio principe in cuius territorio deliquisset puniri posse non dubitauerim And that a Magistrate in like maner of a free Citie may punish a king offending within the territorie of the Citie we reade examples in sundrye histories as howe Iustinian a king Functius in cronologia was put to death by Helias a patrician c. And the reason of the premisses is grounded vpon two conclusions of the lawe The one is that the Emperour the King the Archbishoppe and the Bishoppe are out of their owne kingdomes countryes and diocesse but as priuate persons The other that euerie Prince and ruler within his own kingdome and rule is greater than any other although hee were the greatest monarche in the worlde The which a great learned man called Lapus de castello in plaine words most apparantly showeth his wordes be these Lapus de castello alleg 91. nu 7. 8. Extra territorium suum quilibet Rex censetur ad instar priuati constat quòd vnusquisque in suo territorio maior est vndè populus Senensis in suo territorio magis potest quà m Dominus Rex illustrissimus perpetuus Anglorum Euerie kinge out of his owne kingdome is accompted as a priuate person and it is apparant that euerie person in his owne territorie is the greater And therefore the people of Senes in Italy can in their owne state and territorie doe more than the mightie and illustrious Lord the King of England Againe we may further shew in this case that although shee were a Queen and by her royall prerogatiue not to be touched yet if she doth deuest herselfe of her prerogatiue or make herselfe subiect to the iurisdiction of another than can she not claime her priuiledge nor exempt her selfe from the others iurisdictiō For as Vlpian praefectus praetorio to Alexander the Emperor saith Est receptum eoque iure vtimur L. 14. ff de iurisdict omniū Iud. vt si quis maior vel aequalis subijciat se iurisdictioni alterius possit ei aduersus eum ius dici It is receiued and is a lawe which wee haue daily in vre that if the greater or egall doe submit himselfe vnto the iurisdiction of an other the lawe may there bee ministred to him and against him vpon which law Paulus Castrensis Iason diuers other learned mē do note that there are two kinds of submission Expressa tacita expresse commission by giuing open consent secrete submission by making any contract or cōmitting any offence so within their territories Vnus Princeps vel Baro potest alium principē vel Conbaronē punire One Prince or Baron may punish an other prince or Baron Than since the Scottish Queene in her Maiesties Realme against her Maiestie not of ignorance but wittinglie desirous of her crowne hath offended and that in no lesse case than the case of high treason by her treasonable fact shee hath yeelded a secrete submission to the iurisdiction of Englande and therefore there rightfullie to bee punished by law Wherfore to conclude since some doubt whether shee were a Queen as which had resigned vp and thereby had no kingdome since if shee were a Queene in dignitie yet in soueraintie she was no Queene but a priuate person comming into another Princes dominion since euerie Prince in his owne kingdome is chiefest and other there are inferiour to him since an inferiour person may punish his superiours for such offences they commit within his iurisdiction since a Prince by offending submitteth himselfe to the state of that countrie where he offendeth and may haue the law passe against him for it This obiection of Par in parem little serueth their purpose as which is to bee vnderstood of facts committed in their seueral kingdoms territories For than may not the queene of England punish her for ought shee hath done amisse in Scotland because they are in this case Pares that is of egall authoritie but for her demerites in England where they are not Pares but the Queene of Scots inferiour to the Queene of England there the queene of England reteineth only the supreme soueraintie and therefore there may notwithstanding the said obiection lawfully sentence the Scottish queene The 2. Obiection AN other obiection is made thus The Scottish queene pursued by her owne subiects fled into the realme of England as a suppliant for succour and therfore of common curtesie she ought to be well entreated there nor to be deteined as a prisoner or if she were deteined yet to haue the libertie to be put vnto her raunsome The Aunswere TO this may be answered first that euerie person passing through or resiaunt in another kingdome without a safe conduct or pasport being not in amitie or league with the other is a lawfull prisoner in the same And therefore in all the leagues that we make with the house of Burgūdie or kingdome of Fraunce or they with vs there is an expresse article or capitulation set downe vt sit amicitia foedus pax vt liceat per dulces aquas c. commeare that there bee an amitie league and peace and that it may be lawfull for the subiects to passe by water or land through the realme freely and without impeachment Which being graunted than must we farther in this case consider howe that vntill the last yeare there neuer was Foedus vel pax inita any league or peace made beween Scotland and Englande but only Cessatio à billo an abstinence from the warres whereby the Scottish Queene comming into England could not challenge any libertie or freedome within that kingdome Than the law standing thus that no man Nisi confederatus retinet sibi libertatē in aliquo regno c. L. non dubite ff de captiuis No man can reteyne liberty in an other kyngdome without he be in league confederated with the king or come into the realme by safe conduct I thinke it will not be gaine-said but she was staide here and deteined lawfully Againe it is not heere to be past ouer in silence how the Queene of Scots vsurped the stile and armes of the crowne of England a thing most notorious to the whole worlde Since therefore shee was a Competitor of