forum by reason of his offence hee is now become of another princes iurisdiction and prerogatiue where he hath offended Insomuch that neither our friendes which are confedered with vs nor Ambassadors which comming from great mightie Princes are resiant amongst vs nor the kings and princes themselues that carrie so great a maiestie in their persons can challenge any immunitie or priuiledge by reason of their confederacie honor or dignitie but where they coÌ„tract where they offend there must they abide the order of lawe condigne punishment For of our friends that are in league amity with vs heare what the law saith Si sint apud nos rei ex ciuitatibus confederatis in eos damnatos animaduertimus L non dubito ff de captiuis de postlimiuio reuersis if anie person of the confedered Cities bee found guiltie amongest vs they are iusticiable heere and after their condemnation shall receiue execution accordingly And of the Ambassadors Iulius Paulus who for his excellent skill in the law came to be both Praetor Consul in Rome writeth in this maner L non alià s parag legati ff iudiciis Legati ex delictis in legatione coÌ„missis coguÌ„tur iudicium Romae pati siue ipsi admiserint siue serui eorum Ambassadors that are come to Rome out of far countries are ther to answer for their offence coÌ„mitted there in time of the Embassie whether it bee done by theÌ„selues or any of their retinue L si legationis ff codemâ—â—tulo Likewise Saluius Iulianus the chiefe counsailer to Adrian the Emperor writeth thus Si legationis tempore quis seruum vel aliam rem emerit aut ex alia causa possidere cepit noÌ„ iniquè cogetur eâ—us iudiciuÌ„ accipere aliter enim potestas daretur legatis sub hac specie res alienas domuÌ„ auferendi That is Note the reason of the law if any during his Embassie shall buy a bond-man or any thing els or shall come to the possession of any thing by any other title or meanes he shal be compelled to answere to the law in that behalfe for otherwise Ambassadors should haue libertie vnder this colour to carry into their country other mens goods but that ought not to bee graunted them say the interpreters vpoÌ„ that law Ne occasio daretur delinquendi least an occasion thereby should be giuen them to deale lewdly Then if a law will haue an Ambassadour as well as the subiect to aunswere vppon any contract or wrong done to the subiect woulde the same lawe trow you allowe the practises of high treason in an Ambassador against the common peace vnpunished And although some haue writteÌ„ that Ambassadors haue had their liues spared them in cases of high treason yet that proueth not that for treason they might not by law haue bin executed For as Theodatus said to the Ambassadors of Bizance Procopius lib. 1. de bello GothoruÌ„ if an Ambassador should in his Embassie coÌ„mit adulterie or els vse any villanie towards the Prince Tunc quideÌ„ Vide Iustinum lib. 7. in the case of adulterie iure legatum occidere pro humanis legibus licet than were it lawfull by the law of the lande to put such an Ambassadour to death Wherfore Conradus Brunus writing both grauely learnedly of the dignitie immunitie of Ambassadors doth after a great discourse conclude with these words Ius violandorum legatoruÌ„ ijs tantum seruandum esse qui honeste in legatione versantuÌ„r Vide L. per id teÌ„pus de curiosis lib. 12. L quoties L iudices de dignitat lib. 12. C c iuarum nos parag verum Ext. de priuilegiis the law that willeth no hands to be laid vpon an Ambassador is to be kept with them only that doe in their Embassie behaue themselues honestlie otherwise in vniuersum priuilegium amittit qui concessa sibi abutitur potestate for euer he doth lose all priuiledge that doth abuse his commission and authoritie Let vs goe higher from the Ambassadour to his Maister the king himselfe Bonifacius de vitallinis c pastoralis de re iudicata vers nos tam ex superioritate nu 65. writing vpon the case of king Robert of Sicely hath these wordes Si non subditus imperatori aliquid perpetrat infra fines imperij ex quo si fuisset perpetratum per hominem subditum imperatori processisset crimen laesae maiestatis committit ex hoc illud crimen quod ratione loci delicti sortitur forum imperatoris sub eius iurisdictione potestate ex eo constituitur quoad delictuÌ„ quoad qualitatem delicti If any person being no subiect of Themperors do commit any crime within the limits of Thempire whereby the same beeing committed by one of the Emperors subiectes should amount to the offence of high treason the same doth commit the like crime hereby which in regarde of the place of the offence is subiect to the Emperours authoritie and he is hereby brought vnder his iurisdiction and power both concerning his offence and the qualitie of his offence And if some will yet obiect that all this may and ought to bee vnderstoode in such persons as are inferiour and vnder the degree of Kinges and Princes heare what hee addeth farder in the same place Bonifacius nu 72 Rex inquit delinquendo in imperio efficitur de iurisdictione imperatoris ratione delicti sic fit ligabilis delinquendo sicut contrahendo A King if hee doth offende within the Empire is made thereby one of the iurisdiction of the Empire by reason of his offence and so is answerable by his delict as he is by his contract for else this absurditie would followe and a daungerous plague to all Princes that one king might safely kill an other king and that in his owne kingdome by violence and the king whose death is sought may not for his safety put to death such a murdering king by Iustice and by that meanes also as I sayd before there shoulde bee giuen an occasion of treacherous dealing which the lawe abhorreth and willeth by all meanes to be eschued The lawe therefore is generall and reacheth not onely to the Nobilitie and Commons of anie Realme in regarde of subiection but also to the forreiner to the Ambassadour to his Lorde and master the King in respect of their coniurations if any such conspirators bee apprehended where they within an other kings dominion haue offended for the offence of conspiracie doth deuest depriue them and euerie of them of their priuiledge and prerogatiue if they had any like as the sanctuarie will saue a mans life for homicide but not when homicide is committed within the sanctuarie for theÌ„ by his own fault he doth waue the benefit of all priuiledges and prerogatiue L auxilian de miuoribus c. benè de electione Quia frustra legis auxilium inuocat qui in legem committit He doth claime in
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 whole realme were no mercy at al but a pitilesse crueltie For as S. Austine saith Sicut est misericordia puniens ita est crudelitas parcens as there is mercie in punishing Augustinus ad Marcellum so there is crueltie in sparing which by many presidents of sundry princes may be showen For Salomon vnto whome for wisedome no Prince was euer comparable when he considered what was intended by his brother Adonia who yet thirsted and longed for his crowne making a conscience to endaunger the life of his subiectes the which assuredly had followed if either Adonia 1. Regum 2. or any for him had taken armes without any farder processe hee commaunded him to be taken and slaine So did the vertuous and most mercifull EmpeÌ„rour Constantine Eusebius Mexia alii vpon the like feare of a newe insurrection and destruction of his people take away the life of the Emperour Liâ—â—nius So did king Henrie the 5. after his glorious victorie ouer the French at Egincourt Grafton in his Cronicles on the raigne of H. 5. shewe great clemencie vnto the persons that were taken but when his tentes were spoyled and he iustly feared a newe assault then contrarie to his accustomed pitie he commaunded euerie man vpon paine of his life to kill his prisoner for then to haue spared them beginning a seconde fight might haue turned to the destruction of him his whole armie And therefore least a prince might seeme to honour one aboue the safetie of his people and to leese the heartes of his loyall subiectes by not hauing care of them and their posteritie least the massacring of them be reputed his fault and God require their bloud at his hand least by his conniuencie he should embolden the hearts of the wicked and cause his subiectes to take part with the enemie hee may well conclude as in the like case did Cicero Natura me clementem sed patria seuerum fecit Tullie contra Catelinam Nature made me pitifull but the loue of my countrey hath made me cruell Pereat Absolon viuat Israel The Conclusion WHerefore let all the world witnesse and the consciences of good men which without all partiall affection in the singlenes of their hearts follow fauour a truth what the Prince and people of England for the glory of God and furtherance of his truth for the safegard of her Maiestie and preseruation of their estate either could or should haue done rather than this by the death of one troublesome and treason-working person to haue redeemed the quiet and safetie of themselues For since shee hath taken on her the armes and title of the crowne of England and refused to repeale her doings being thereunto sollicited since she hath been the ruin of many worshipfull houses and cause of the destruction of some of the Nobilitie Since she incited the rebels of the North to leauie open warre against her Maiestie and releeued them being fled by her friends in Scotland afterward by the Pope who through her procurement sent to their reliefe in Flaunders 12000. crownes Nay since not coÌ„tent with al this she hath laboured by her letters and ministers sundry forreine princes to inuade this realme the pope Spanish king with sundry coÌ„bined coÌ„federed haue a long time intended in part haue practised and are now in some readinesse to performe the same Since her feed seruaunt Morgan practised with Parrie to murder our Soueraigne shee after shee knew it yet fauoured maintained him still Since by her priuitie consent and direction Babington with his companie woulde haue killed her Maiestie she promised to reward their doings in them or if they miscaried in their posteritie Let kings princes all nations of the earth witnes whether euer so many so moÌ„strous so horrible treasons were committed by a prince a woman and that against the Lords annointed in her owne realme and if they were yet that euer they escaped vnpunished And heere although so many impieties do call for vengeance and commaunde by Gods lawe euery Magistrate to iustice so high a trespasser yet see vpon pitie rather than pollicie hoping for amendment rather than looking for a newe conspiracie not harkening to the manifold requestes of her humble loyall and most louing subiectes her maiestie continued her a troublesome Ionas in the shippe of Englande still yet notwithstanding after since the gracelesse mindes of malecontented subiects could not so be satisfied nor her Maiesties great clemency could worke in them a conscience of their dutie but like nettles the gentler they were handled the more they stinged Since after her condempnation published the Scottish Queenes fauorits yet againe and againe practised the death of her Maiestie Since the Pope for her sake hath cursed our soueraine and his seedes men teach that the Queene is no Queene if the Pope depose her Since they haue encouraged her euill minded subiectes to moue rebellion like vipers brood to gnaw out the wombe of our common mother Since her fauourites concluded at home that which was consulted abroad is of late confessed by them to inuade our Realmes ouerrun the lande spoyle the Cities massacre the subiectes destroy her Maiestie and together with religion to make a change of the gouernment that is now amongst vs nay to subiect vs all our goods lands liberties children posteritie to the slauerie and tyranny of the Spanish and forraine power Since the whole Realme assembled in ParliameÌ„t made their many and humble petitions vnto her Maiestie as specially interressed in the matter being the bodie of the same common wealth wherof her Maiestie is the head by taking away one to deliuer them all from their present feares future daungers Sithens her Maiestie was moued by remembrance of her oth than solemnely taken wheÌ„ she was inuested in her crown to distribute iustice equally to all and to defende her Realme people crowne and dignitie from the pestilent vnderminers subuerters of the same sithens the matter grew so daungerous came to that extremitie that either her Maiesty must iustice sentence the Scottish Queene or must hazarde the losse of her life the disturbance of the common peace the conquest of her countrey the losse of the loue heartes of her subiectes without which no Prince can well gouerne or kingdome stande Sithens the like sentence and execution of life and death as the Scottish Queene hath receiued is testified confirmed and warranted by the testimonies reasons examples of so many Emperours Kinges and Popes Since no lawe will saue so high a trespasser but the law of Nations of Nature and of euery kingdome and countrey would inflict death on so great offenders Sithens the like sentence and execution haue been practised and put in vre by godly and Christian Princes and that vpon consultation disputation and resolution of the cause by learned men of the lawe Sithence the statute lawe of euerie kingdome where the intent