the lamentable rauishments deflowringes of Maydes Wiues and Widdowes into the ransacking and spoyling of Citties and Townes with a number of other miseries and calamities which haue happened of late yéeres in other Countries not farre hence you shall finde that this Realme of England aboue all Nations vnder the Sunne at this day hath moste cause to thinke it selfe bounde to the goodnes of almighty God In that hee hath not suffered vs to be afflicted or visited with the like And now what shall I say of them to whom this her Maiesties most gracious gouernment these happy daies these blessed yéeres haue béene thought tedious and too long to haue continued and therefore haue most vnnaturally most wickedly yea and moste trayterouslie sought the vntimely death and destruction of her vnder whom by Gods great mercy and fauour towardes vs we haue enioyed all these good thinges Shall I say they were vnkinde people Shall I say they were vnnaturall Subiects Nay I will rather say that they were and such as they are more méete to liue vnder an Infidell vnder a Turke vnder a Iewe vnder a blooddy Prince or Tyrant rather then vnder so gracious and so mercifull a soueraigne Ladye and Quéene as she hath shewed herselfe to be to all sortes of her Subiects euen from the beginning of her blessed raigne to this day whereof we are all witnesses What good Subiect will not hartilie lament to thinke what sorrow her Maiestie dooth make what inwarde gréefe shée hath conceiued what déepe sighes procéede from her noble hart what teares distill from her tender eyes as we may imagine and suppose when she calleth vnto her gracious remembraunce the greate loue which she doth and alwayes hath born to her good Subiects the dailie care she hath of their prosperitie and well dooing her continuall desire that they may liue in peace and rest vnder her To haue this her loue so vnkindlie requited her care so vngentlie recompenced her desire so vngratefullie rewarded as to haue her death so often conspyred her destruction so many waies intended and this her most happie gouernment many times trayteroustie deuised to bee suppressed where it is the part and duetie of euerie good Subiect to be true faithfull obedient and loyall to his Prince and soueraigne Gouernour whom God hath appointed to raigne ouer him though her Maiestie by these her manifold kindnesses had not as she hath merited and deserued the same But most gracious soueraigne Lady let not these theyr wicked and trayterous conspiracies dismay you let them not discourage you but be of good comfort and doubt not but as almighty GOD hath hetherto most graciouslie saued and defended you from the most wicked purposes of such as haue so often most trayterously practised and pretended your vntimelie death and destruction so he will protect you from the like her eafter doubt not but he will sende his holie Angell who shall pitch his Tentes rounde about you that theyr damnable deuises and determinations shall neuer take effect Doubt not but that he will be your strength Buckler for he is and euer will be the sure defence of his annointed as the Prophet Dauid witnesseth Comfort your selfe also in this that there are within your Realme of England euen thousand of thousands which according to their bounden dueties doo dayly most hartilie pray to God for the preseruation of your sacred personne that will shedde their bloodes spend their lands and goods in your defence before such wicked Traytors or their adherents shall euer haue their purposes Comfort your selfe also in this that you haue so graue and faythfull a Counsell that is most studious and carefull of the safetie of your noble person and this state that can so politiquelie spie out these wicked Conspirators and trys out their most deuillish deuises tending to your Maiesties vntimelie death and to the vtter subuersion and ruine of this your most happie gouernment that can so in time preuent the manifolde perilles and daungers which otherwise might by such treasons haue ensued vnto the same Comfort your selfe also in this that they euen they I say which haue thus conspired to take your Maiesty from vs when they haue come into your presence meaning then to haue accomplished theyr most trayterous purpose haue béene so diswayed vpon the sight of your princely person and in beholding your most gracious countenaunce that they hadde no power to performe the thing which they had before determined vppon A most certaine token of the great mercie and fauour of God towardes your Maiestie and to vs all If it were lawfull for the Subiect to enter into the examinations of causes or matters appertayning to y e Prince and soueraigne Gouernour as it is not what coulde these sortes of men I pray you obiect or what coulde they say why they thus most wickedly thus most vnnaturallie and thus most trayterously shoulde séeke the death and destruction of so gracious a Soueraigne Ladie and Quéene It is trowe you because they thought that her Maiestie is not studious to sette forth the honour and glorie of God Compare the time present with the great abuses which haue entred into the Church of olde time and thereby you shall plainely perceiue howe carefull shée is and from time to time hath béene to aduaunce the true worshipping of God to the vttermost of her power Is it trowe you because they thought that she hath not made and published wholsome and necessary Lawes for the preseruation and mayntenaunce of the state of thys Common wealth Looke into the most gracious Acts of Parliament made in her time and you shall finde as good as necessary and beneficiall Lawes published by her most high Courtes of Parliament as better or more necessarye haue not béene giuen by the like authoritie in any Princes time héeretofore Is it because they thought that her Maiestie is not desirous that right and iustice shoulde bee ministred vnto all sortes of her Subiects without respect of personne Looke into the procéedinges of her most honourable Counsell in her high Court of Starre Chamber and there you shall sée the causes of her people iudiciallie brought before them so indifferentlie examined so déepely looked into and with such greate wysedome and equitie ordered and decreed that euerye man hath iust cause therewith to content himselfe Againe looke into the procéedings of her graue and sage Iustices of her Lawes And you shall finde the causes of her Subiects brought before them so learnedly debated so vprightly handled and with such equitie adiudged and determined according to the Lawe that no man can therewith iustlie finde fault Is it trowe you because they thought that her Maiestie is not mercifull to such as are transgressors and offenders of her Lawes Looke into the Recordes of her high Court of Chauncery and there you shall finde a great number of her most gracious and mercifull pardons as well touching lyfe and member
but that still her Maiesties safetie must be hazarded and stand to the euent of the like miraculous discoueries Therefore as most humble and instant suppliants they did vpon theyr knées at her most gracious féete beséeche and request in most earnest manner that aswell for the continuaunce of Gods Religion the quiet of this Kingdome preseruation of her person and defence of them and theyr posterities that it woulde please her highnes to take order that the sayd sentence might bee published and such further direction giuen as was requisite in this so waighty a cause according to the purport and intent of the sayd Statute touching the daungers that her Maiesties person was in by the practises of the Scottish Quéene and her fauourers they appeare in that they did thinke that she had right not to succéede her Maiestie but to enioy her Crowne in possession and therefore as she was a most impatient competitor thereof so she would haue spared no meanes whatsouer that might haue bereft vs of her Maiestie the onelie impediment that shee could not enioy her desire Shee was obdurate in malice against her royall person notwithstanding her Maiestie had shewed her all fauour and mercie as well in preseruing her hingdome as sauing her life and saluing her henour And therefore there was no place for mercie since there was no hope that shee would haue desisted from her most wicked attempts Shee boldly and openly professed that it was lawfull for her to mooue inuasion vppon her Maiestie and therefore as of inuasion victory might ensue and of victorie the death of the vanquished so did she therby not obscurely bewraie that she thought it lawfull for her to destroy her Maiesties sacred personne She did thinke it not onely lawfull but honorable also and meritorious to take her Maiesties life from her as béeing all ready depriued of her Crowne by the excommunication of the holy Father And therefore it was like she would as she had doone continually séeke it by whatsoeuer meanes That she was gréedie of her Maiesties death and preferred it before her owne life and safetie appeareth for in her direction to one of her late Complices she aduised vnder couert termes that whatsoeuer shoulde become of her that tragicall execution should bee performed vpon our most gracious soueraigne Lady namely the destruction of her royall personne She was the onely hope of all discontented subiects she was the foundation whereon all the euill disposed did builde she was the roote from whence all rebellions and trecheries did spring And therefore while this hope lasted this foundation stoode and thys roote liued they would haue retained hart and set on foote whatsoeuer theyr deuises against this Realme which otherwise will fall away die and come to nothing All these matters her Maiestie did most déepelye consider of and yet to the ende it might euidently appeare howe vnwylling she was to take away y e Quéene of Scots life she required to vnderstand by the consideration and resolution of the high Court of Parliament whether any other meanes could be thought of or sound by anie of them how the Scottish Queenes life might be spared and yet her Maiesties personne saued out of perill and the state of the Realme preserued in quiet For her Maiesties further satisfaction they enteredinto a new consultation for that prupose selected a great number of the choysest persons of the higher house of Parliament to conferre thereof eyther prinately or together with the lower house and vppon sundry conferences had in that behalfe at seueral times it was concluded by the whole assemblic of both houses that there could be no other assured meanes for the preseruation of her Maiesties life continuance of Gods Religion and quiet of this state then by the full execution of the sayd sentence That if her Maiestie should be safe without taking away the life of the Scottish Queene the same were most likely and probably to grow by one of these means following First that happilie she myght haue béene reclaimed and become repentaunt conuert agnising her Maiesties great mercie and fauour in remitting her heynous offence and by her loyaltic haue performed the fruites of such conuersion 2. Or els by a more straight guarde might haue béen so kept as there should haue béene no feare of the like at tempts after 3. Or that good assuraunce might haue béene gyuen by O the Bondes or Hostages as cautions for her good and loyall demeanour from thenceforth 4. Or lastlie by Banishment the Realme might haue béene boyded of her personne and thereby the perils further remooued that might growe to her Maiesty by her presence All which matters béeing duely pondered it did yet appeare in all theyr iudgments that they durst not aduise anie securitie to rest in any no not in all of them For touching her Conuersion it was considered that if pietie or duety could haue restrained her from such haynous attempts there was cause aboundantlye ministred to her on her Maiesties behalfe when she not onelie protected her against the violence of her owne Subiectes who pursued her to death by Iustice but couered her honour when y t same by publique fame was touched and by verie heynous and capitall crimes obiected and prooued against her before certaine Commissarie delegates assigned to examine the same more then blemished and spared her life when for her former conspiracies and confederacies with y e Northren Rebels her highnes was with great instance pressed by bothe the houses in the fouretéene yéere of her Maiesties raigne to do like Iustice vpon her as now was desired and as her treasonable practises then hadde most iustly deserued And where the penaltie of thys Acte sufficientlye notified vnto her should haue terrified her from so wicked attempts she did neuerthelesse insist in her former practises as a personne obdurate in malice against her Maiestie and irrecouerable so as there was no probable hope of anie conuersion but rather great doubt and feare of relaps forasmuch as she stoode obstinatly in the deniall of matter most euivently prooued and moste iustly sentenced against her and was not entered into the first parte of repentaunce The recognition of her offence and so much the farther off from the true fruits that shoulde accompanie the same As for a surer guarde and more straite imprisonment it was resolued that there was no security therin nor yet in the other two meanes propounded of Bondes and Hostages forasmuch as the same meanes that should be practised to take her Maiesties life away which God forbid would aptly serue bothe for the deliuerie of her person and release of the Bondes Hostages that should be giuen for cautions in that behalfe which béeing vnaptlie atchiued and to our irreparable lesse who should sue the Bondes or detaine y e Hostages or béeing detained what proportion was there in bonds or hostages whatsoeuer to counteruaile the value of so precious and inestimable a Iewell as her Maiestie is to this
Realme and to vs all That shée would solemnly haue vowed and taken an othe that she would not haue attempted any thing to the hurt of her Maiesties person Shée had already sundry time falsifyed her word her writing her othe and held it for an Article of Religion That faith was not to be holden with Heretickes of which sorte shee accounted her Maiestie and all the professors of y e Gospell to be And therfore there was little reason to trust her in that whereof she made so small a conscience As for banishment that was a step de malo in peiâ—…s to sette her at libertie béeing athing so greatly desired and thirsted for by her adherents and by some Princes her Allies who sought her enlargement chiefly tomake her a head to be sette vp against her Maiesty in time of inuasion Upon all which reasons and matters opened and petitiones made to her Maiestie as is aforesayd she not withstanding thought good very necessary in so great a cause to deliberate as by her most wise and graue answers to the premisses in the sayd Treatise set downe among other things plainely appeareth and afterward the sayd Scottish Quéene was executed in the Castle of Fodringham in the County of North-hampton where she was most carefully kept vnder the charge of that right honourable trusty and right faythfull Counseller to her Maiesty Sir Amyas Pawlett Knight on Wednesday the 8 of Feburary 1586. And the next day after there were Bonfiers ringing of Belles and singing of Psalmes by children and many others at the sayd fiers in the Cittie of London whereby appeareth that the people were ioyfull that so daungerous an enemie to this Common wealth was taken away Let me Remember the most vnnaturall and horible murder of the two sennes of C. 4. committed by the coÌ„maundement of K. Richard the third who thereby attayned the crowne and was afterwardes slaine in the battaile of Bosworth in Leicestershyre â—…y the Earle of Richmond who succéeded him in the crowne by iust title whose deade corpes was layd crosse vpon an horse and so brought to Leycester his legges and armes hanging downe all naked be sprinckled with turt and blody with such woundes as he receiued in the fielde and there buryed basely without any manner of solemnity a inst plague of God and a most worthy spectacle for so monsterous an acte and likewise how H. 4. hauing obteyned the crowne rather by force then lawfull succession doubting that he could not bee in saftie thereof so longe as R. 2. dyd lyue caused the sayd R. 2. to bee destroyed in Pomfret Castell whereupon great troubles and sundry insurrectiones within this Realme did happen vnto hym and though hee dyed possessed of the Crowne yet H 6. his sennes sonne was put from the same by E. 4. as Grafton dooth set it downe whereby the olde saying appeareth to bee true De rebus male partis vix gaudebit tertius haeres By these examples you may see how almightie God hath punished euen Princes which haue conspyred or opposed themselues or laid violent handes vpon the Lordes annointed and not spared the ofspring of the offender in that behalfe And because some will perhaps say that the Quéenes Maiestie could not procéede against the sayde Scottishe Quéene as is aboue mencioned in respect of the dignity of her person therefore although the sayd tryall by the sayd Commission and Estatute and resolution of the reuerend Iudges of the Lawe therein and that her Maiestie might haue tryed her by course of the Common Lawes ought to satisfie euery dutifull Subiect in y t behalfe yet it shal not be in vaine beere to set downe some authority for confirmation of theyr graue and sounde iudgement in this procéeding Wherevpon it is to bee noted that there is no difference in our Lawe betwixt naturall Subiect of this Realme and a méere Straunger or Alyen borne that in time of peace shall come into thys Realme and committe any offence there for which any naturall subiect thereof should incurre the iudgment eyther of felony or treason but the same straunger or Alien shalbe also in the same state or degrée For example in the case of Felony it appeareth by a Recorde in the thyrde yeere of King Edwarde the sixt that Charles Gauare a Spaniarde for murthering of one Gambo in England was attainted and executed for the same in Smithfield And for example of treason it appeareth by a Recorde in the third and fourth yéeres of Phillip and Mary that one Iohn Sharles a Frenchman in the time of peace betwixt the sayd Phillip and Mary and the French King with one Stafford an Englishman dyd rebelliously take y e Castle of Scarborough in the North partes of thys Realme and the same detayned certayne dayes for which they bothe were arraigned and attainted of treason for such taking or detayning is a leuying of warre against the Prince and therefore it is treason and the inditement wherevpon they were arraygned was contra legianciae suae debitum that is against the duetie of their allegiaunce but if it had béene in the time of warre betwixt the sayd Princes then it had béene treason only in Stafford and the other should haue béene counted but an enemy to bée raunsemed according to the law of Armes But it may be that some wyll say that the sayd examples proue nothing in this case for y t she was a Quéene To that I aunswere though she so were yet shee was not our Quéene neither were we subiects to her and that which almighty God sayth by hys Prophet Dauid Touch not mine annointed did not exempt the sayde Scottish Quéene but she was to bee taken of necessitie as a Subiect and ordered by the Lawes of thys Lands so long as she was resident héere sith she had not anye tytle to the Crowne of thys Land for otherwise if any forraine Prince in the time of peace shoulde come into an others Kingdome and should enter into any offence against the Crowne as ioyne with the Subiect to leauy warre against that Prince or conspyre hys death and should not therefore be punished by the Lawe of that Land euery Prince might be destroyed and state subuerted And nowe to returne againe to the matter touching the duety of Subiects to theyr Prince There is a saying in the tenth of Ecclesiastes verye notable where it is written thus Wish no euill to the King in thy thought nor speake any hurt of him in thy priuie Chamber for the byrdes of the ayre shall betray thee and wyth theyr winges shall bewray thy voyce And surely it is most true for though theyr conspyracies be neuer so secrete theyr treasons neuer so cunninglie contriued yet God doth in tymes alwayes reueale them to the destruction of the parties to the same as by the sayde examples may appeare Nowe for proofe by the word of God that it is not lawfull for the Subiect to touch the
A short declaration of the ende of Traytors and false Conspirators against the state of the duetie of Subiectes to theyr soueraigne Gouernour and wythall howe necessarie Lawes and execution of Iustice are for the preseruation of the Prince and Common wealth Wherein are also breefely touched sundry offences of the S. Queene cōmitted against the crowne of this Land the manner of the honorable proceding for her conuiction thereof and also the reasons causes alledged allowed in Parliament why it was thought dangerous to the state if she should haue liued Published by Richard Crompton an Apprentice of the common Lawes Séene and allowed ECCLESIA 10. Wish no euill to the King in thy thought nor speake anie hurte of him in thy priuie Chamber for a byrde of the ayre shall betray thy voyce and with her fethers shee shall bewray thy wordes AT LONDON Printed by I. Charlewood for Thomas Gubbins and Thomas Newman 1587. To the most reuerende Father in God Iohn by the diuine prouidence Archbyshoppe of Canterbury Metrapolytane of England hys Grace and one of her Maiesties most honourable priuie Counsell Rychard Crompton wysheth euerlasting felicitie ⸫ FOrasmuch most reuerend Father as these dayes are very dangerous and full of perill in which wickednes hath so deepely entred into the hartes of manye who not hauing the feare of GOD before theyr eyes nor regarde to the faith and loyaltie which euery Subiecte ought to beare to his soueraigne Gouernour nor respect to the zeale and loue that euery good manne naturally ought to carie to his natiue soyle and Country haue in these dayes so often entred into such wycked treasons and conspiracies as well against her Maiesties sacred personne as also this most happy gouernement as the like hath not beene hearde of in the raigne of any her noble Progenitors Princes of thys Lande sithence the Conquest thereof vnto this day And for that the same hath beene pretended to bee for matters touching Religion I haue therefore set down in this smal Treatise the myserable end confusion of dyuers which within our memory among vs most iustly haue suffered for such their wicked conspiracies and treasons and withall the duties of Subiects to theyr Prince and soueraigne Gouernour both which at the generall Sessions of the Peace in the Countie of Staff among other thinges pertayning to that seruice I lately published as a matter which I thought then much necessary for this present time to the ende that the one might be a terror to all men to offende in the like and the other an instruction in the duetie obedience which euery good Subiect ought to embrace And because some of that audience seemed as they sayd to like wel therof thought it in theyr opinions conuenient to bee made common to all men I haue at theyr request thought good to publish the same And forasmuch as no Kingdome nor Common wealth can stand where good Lawes are not established and Iustice executed I haue therefore also heerein sette downe in parte the commodities and profittes which grow to the same thereby And because the Lawes of themselues are dombe thinges remayning in Recordes Bookes and Customes and must therefore be published and put in execution by officers thervnto appointed I haue shewed what personnes they ought to bee which shoulde bee called to sitte in place of Iustice and to whom the trust and confidence of the execution of Lawes ought to bee committed and what great care they ought to haue to performe the same and withall haue touched the duties of Iurors and what regarde they ought to haue of theyr oathes verdytts and presentments sith that without them iustice cannot be doone vppon offenders transgressors of Law cannot be punished And am bolde vnder your Graces fauour to present these fewe leaues to the same as to one who I am assured wysheth well to this whole state and daylie prayeth for the presertation of her Maiestie whom God of his mercie long preserue and continue vnto vs. From the Myddle Temple the xij of Februarie 1587. ⸫ At the commaundement of your Grace most humbly R. C. ⧠A Declaration of the ende of Traytors and false Conspirators agaynst the state and of the duties of Subiects to theyr Prynce and soueraigne Gouernour c. IF euer Kingdome were blessed if euer Nation enioyed happy dayes if euer people liued in a golden age surelie this is that Kingdome we are that Nation and we are that people First in that it hath pleased God to gyue vs the light of his Gospel wherby manie errors and much superstition which hath crept into the Church of God are reformed Then in that it hath pleased him to giue vs so gracious a Soueraigne Ladie and Quéene not a forreyner not a stranger borne but one of our owne Nation which is obserued as a great blessing of God in the sacred Scriptures and of the right lyne and dyssent of the Noble Kinges and Princes of this Realme One by and vnder whom we haue enioyed such common peace quietnes within this lande these xxviij yeres and more as the like hath not béene hearde of neyther is to be found in Recorde or Chronicle since the Conquest of England to this day for the like time of gouernment One desirous to raigne with mercy with loue with pittie with clemencie and fender compassion and not by effuston of bloode not by tyrannie not by oppression of her Subiects neither alwayes by inflicting the extremitie of her Lawes vpon such as iustly haue deserued the execution of the same In that also it hath pleased him to assist her with such graue sage and honourable Counsellers men of such great wisedome of such déepe consideration of such pollicie forecast and experience as to speake it plainely and simply no Prince vnder y esunne is furnished with the like or at the least with a better By whose great wisedomes trauelles and indeuoures this common peace and quietnes hath béene the rather preserued and maintained If any thing hath béene purposed or meant which might any way tende to the daunger of her Maiesties person or to the trouble or perill of this state that hath béene by them quickly espied déepelie looked into and with great wisedome and pollicie in time preuented and auoyded to their immortall fames glories and renownes for euer Whereby the saying of the wise Salomon is founde to bee true Happy is that kingdome where there are many that can giue good counsell And Iesus the sonne of Syrack saith Where they that are in authoritie are men of vnderstanding there the citty doth prosper And again Salomon sayth Where no counsell is there the people decay But where many are that giue good counsel there is wealth If you well consider and looke into the ciuill warres and discention into the horrible murders of great personages into the pittifull slaughter of menne women and children by fire and sword into
by her Was not the saide VViat and dyuers other executed for the same Rebellion Looke into the same Booke and there it is plainely sette downe Did not y e Earles of Norththumberland and Westmerlande with fiftie Knights Esquires and Gentlemen besides a great number of the common sorte rebell in the North parts of this Realme in the xi yéere of her Maiesties ratgne to the ende to haue had alteration of this Religion and most happy state But what was the ende of these Earles were not they both attainted of treason was not the Earle of Northumberlande beheaded at Yorke and did not the other flie the Realme and were not the said fiftie persons attainted also of high treason Looke into the confirmation of their attainder by parliament in the xiii yéere of her Maiesties raigne and you shall finde it there apparant Diuers of which sayde fiftie personnes besides many other of the common sort were executed for that rebellion Consider of Arden which about the 25. yéere of her Maiesties raigne conspired her Maiesties with others death to the ende to haue had alteration of this Religion and estate were not they also then attainted of high treason was not Arden executed like a Traitor and did not Ientleman an other of them after his condemnation sor that offence hang himselfe in Newgate y e day before he that shold haue beene executed Then remember y t most rankest Traytor y t hath been heard of in our time Parry by name who notwithstanding hee had béene attainted for Burglarie and for the same attained her Maiesties pardon went afterwardes beyond the Scas and there carrying an offensiue mind against this state and Religion most wickedly with other forrainers conspired her highnes destruction and did remaine in that damnable purpose by the space of two yéeres then returned into England meaning to haue performed the same was not he in the 26. yéere of her Maiesties raigne hanged drawne and quartered as a detestable traytor to hys Prince and Countrie Did not the Earle of Northumberland conspire with the Lord Paget and Charles his Brother with Shelley and Throgmorton to haue suppressed this Religion to haue aduaunced the Romish Religion and by forraine inuasion into this Lande to haue vtterly subuerted this noble state and to haue aduaunced to the Crowne the S. Quéene In which their treasons was also imployed the destruction of our most gracious soueraigne Ladie So it appeareth by a small Treatise wherein these treasons are particularly sette forth Was not the saide Throgmorton about two yéeres last past executed as a Traytor for that cause Did not the said Earle knowing himselfe guiltye of those treasous most miserablie destroy himselfe with his owne hand in the Towre of London the xxvii yéere of her Maiesties raigne Was not the sayde Shelley shortly after condemned for that conspiracie and remaineth at the Quéenes mercie and are not the sayde Lord Pagett and his Brother attainted for that offence by vtlarie Was not Babington and thirteene other also executed in the xxviii yéere of her highnes raigne as Traitors for the like crimes And lastly haue not fourtéene Iesuites and Seminarie Priestes within these fiue yéeres béene erecuted as Traytors for practising to withdrawe her Maiesties subiects frō there due allegyance to her highnes and for that intent from the Religion now established to the Religion of Rome and to yeelde subiection to that Sea By these notable and memorable examples you may plainelie see the shamefull and miserable end of Traytors false conspirators and Rebelles against theyr Prince and soueraigne Gouernour what soeuer theyr pretences of Religion hath béene And these examples are héere sette downe for warnings to other and happy is he that can take béede by an others danger and mishappe as the wise Cato sayth Faelix quem faciunt aliena pericula cautum And was not the said late S. Queene priuie to sundry of the said conspiracies and treasons was she not a principall a better and comforter of the said offenders therein It is very euident by a Treatise published in print whereby appeareth that the Lordes and Commons of the high Court of Parliamēt hauing of long time to their intollerable gréefe sounde by howe many practises the sayd Scottish Quéene had compassed the destruction of her highnes most royall personne in whose safety next vnder God they acknowledged their cheefe felicitie to consist thereby not onelie to bereaue them of the sincere and true Religion in this Realme professed and established but to bring backe againe this noble Realme into the thraldome of Romish tyrannie and to ouerthrowe the happy estate thereof wherein although her highnesse of her aboundant gratious naturall clemency and princely magnanimitie had eyther lightly passed them ouer or with no small indulgence tolerated notwithstanding the often and earnest instances of her Nobilitie and Commons in sundry Parliaments héeretofore and further had protected her from the violent pursuite of her own people shée yet as a person obdurate in malice as it appeared continued her former practises as had béene lately manifested by certaine wicked conspiracies plotted by the sayd Babington and diuers desperate persons that had combined and confederated themselues by vowe oath in a most horrible enterprise by murther to take away the life of her Maiestie where in the Scottish Quéene did not onely aduise them but also direct comfort and abette them with perswasion counsell promise of reward and earnest obtestation Wherevpon her Maiestie at the earnest request of such as tendered y e safety of her royall personne and the quiet of the Realme did direct her Commission vnder the great seale to sundrye Lordes and others of her Maiesties priuie Counseil and a great number of Lords of Parliament of y e greatest and most auncient degree assisted with some of the principall Iudges of the Realme to heare examine and determine the same according to a Statute in that behalfe made in the xxvii yéere of her raigne Who to the number of thirty sixe hauing artended the execution of the said Commission and diuers dayes and times heard the allegations against the said Scottish Quéene in her owne presence and hearing she béeingpermitted to say what she woulde in her owne execuse dyd wyth one assent finde her culpable both in priuitie and consent to the sayd crimes obiected and also in compassing the Quéenes Maiesties death Which sentence by her owne directions vpon the hearing of the prooues and processe in Parliament was iudged to haue béene most honourable and iust And for asmuch as the said Quéene of Scots was the very ground and onely subiect whervpon such daungerous practises and complots had béen founded against her Maiesties most royall person and the estate of this Realme for these many yéenes to the ouerthrowe of sundry of the Nobilitie of the lande and daunger of Christian Religion and that they could see no hope of her desisting and her adherents
but of God and all powers that are be ordeyned of God When pilate said to Christ Knowest not thou that I haue power to loose thee and also to crucifie thee hée aunswered thou couldest haue no power at all ouer me except it were giuen thee from aboue As he confessed his authoritie to be from aboue so he submitted himself vnto the same though he were an heathen Gouernour to giue vs an example so to doo whether they he Christian Rulers or others And as the Subiect ought to submitte himselfe vnto the higher powers and to theyr ordenaunces to beware of murmuringes conspiracies and insurrections against their soueraigne Gouernor so is it also their dueties to pray for them as S. Paule saith I exhort you aboue all thinges that prayers and supplications intercessions and giuing of thankes bee had for all men for Kinges and all other that are in authoritie that wee may liue a quiet and a peaceable life withall godlines for that is good and acceptable in the sight of God our Sauiour When Gods holy spirite by S. Paul gaue this Lesson to the Christians they liued for the most part vnder Calygula Clodius and Nero who were heathen Princes Pagans and such as did not know God and were cruell tyrants and yet the Christians that liued vnder them were exhorted to pray for them When Nabuchodonasor king of Babilon had slayne the king and manie nobles of the Iewes with a great number of their Children and kins-folkes burned their Country and Citties yea and Ierusalem it selfe and the holy Temple and had caryed to Babilon the rest of them captiues The Prophet Barucke said vnto the Captiues béeing the people of God pray yée for the life of Nabuchodonosor king of Babilon and for the life of Balthazer his sonne that theire dayes may be as the dayes of heauen vpon the earth y t God also may giue vs strength and lighten our eies that we may liue vnder the defence of Nabuchodonasor king of Babilon and vnder the protection of Balthazer hys sonne that we maie long doo them seruice and finde fauour in their sight If then the people of God were willed to pray for Infidels for Pagans for Tyrantes for murtherers and cruell oppressors of them and that they might long liue vnder their protections it followeth consequentlie that it is vtterly against the wyll of God to destroy or to appose themselues against the Prince by making of insurrections or rebellions if they shal praie for such Princes and Rulers then howe much more ought we to pray for the prosperous estate of our most gracious soueraigne Ladie that wee may long liue vnder her gracious gouernment béeing a Christian Prince one that doth set forth the honor and glorie of God that doth loue God serue God and feare God that maketh good lawes that desireth that Iustice may be equally ministred to all that desireth to raigne with pittie mercy and with clemencie and not by tyranny not by shedding of blood nor oppression of her people that is mercifull to offenders bountifull to weldeseruers carefull to defend her dominions and Countries vnder her subiection from forraine inuasions that her subiects may liue in peace and rest vnder her Forasmuch therefore as it hath pleased God to place her in the kingly seate of thys Realme to addorne and decke her head with a Crowne of golde and precious stones to annoint her Quéene of this Land according to her most iust and rightfull title therevnto and for that wée daily doo inioy so many blessings of God vnder her most gracious regiment and such dailie benefites by her great kindnes and loue towardes vs. Let vs therefore be humble sutors to almighty God that it may please him to holde his holie hand ouer her to graunt her life with most prosperous health long to indure that shée may in high felicity long raigne ouer vs to defend her from Traytors and false conspirators to discouer them in time that they may be rooted out as corrupt mēbers of the body of thys Common wealth that others her good and faithfull Subiects may thereby the rather bée incouraged to continue in their wel-dooings Let vs also pray for her most honourable Counsell that it wyll please God that they may long liue and loue together like Brethren that they may continue faithfull Counsellers to this most happy state and gouernment as they haue doone hetherto to theyr great honours and fames neuer to dye That it will please him also to giue vs grace that we may loue honour obey her in God and for God acccording to hys blessed worde and ordenance And that we may shew our selues in hart word and déede true faithfull loyall and duetiful subiects vnto her Ma. as we are bound by y e lawes of God by the lawes of nature and by the lawes of this land And now because y t by the laws and execution of iustice y e Prince is preserued and the common wealth maintained as by the said examples you may plainely see it shall not be impertinent to set downe héere what law and iustice is and in particularity some of y e great benefits profittes which growe by y e same to the Common wealth state of euerie kingdome By that which is sayde afore among other things it plainly appeareth that kings are ordeyned to gouerne the people and subiects commanded by God to submit themselues vnto their authority for there is no Common wealth state or societie of man kind that can continue where there is not superiority or preheminence in gouernmēt according to their kinde and quallity as Tully the famous Orator in his booke de legibus intreating of gouernment euen by the law of nature saith Nihil tam aptum est ad legem condicionemque naturae quam imperium sine quo nec domus vlla nec ciuitas nec gens nec hominum vniuersum genus nec rerum natura nec ipse mundus stare possit nam et hic deo paret et huic obediunt maria terraeque et hominum vita iussis supreme legis obtemperat That is to say nothing is so apt to the Law and condition of nature as authoritie and Gouernment without which no house no Cittie no nation nor mankind nor the nature of thinges nor the worlde it selfe can stand for the world obeyeth God and to him the Seas and landes are subiect and the life of man to the commaundement of the hyghest Lawe doth obey as superiority then must be in gouernmēt so must there be also good lawes statutes and ordenaunces to rule and gouerne Nam sicut per naruos compago corporis solidatur sic res publica per legē quie aligando diciturae ligatur et seruatur As by the sinnowes the body is made strong so the Common wealth by Lawe which is so called of bynding is knit and preserued together yet neither Prince nor law can much profit where iustice
shalt thou bee praysed of him for hee is the minister of God ordayned for thy wealth but if thou doo euill then feare for he beareth not the sword in vaine for he is the minister of God to take vengeance on them that doo euil which is meant by Law and Iustice The lawe that yéeldeth such good things as aforesaid ought to be had in great price cannot be sufficiently aduaunced magnified and praysed and therefore let euery good Subiect say alwaies viuat Rex et currat lex God graunt the Prince long life and the Law to haue his course If you wyl consider the miserable estate of such people as liue vnder heathen Princes quorum arbitria pro legibus extant whose iudgmeÌ„ts are holden for Lawes and where the King saith Sic volo sic iubeo stat pro ratione voluntas so I will so I commaund my pleasure doth stand for reason And compare the same with the most happy condition of such Nations as liue vnder the Christian Princes and Monarks of the world yée shall soone sée the great bendage of the one and the most happy condition and liberty of the other and among other Christian Nations howe much are we bound to the goodnes of almighty God that liue vnder so gracious and so christian a Prince that dooth not onelie make holesome lawes but also dooth maintaine all the good lawes of her noble progenitors and among other that most honourable most reasonable most indifferent Lawe that anie nation in the worlde hath or that can be deuised which was ordeyned by Parliament in the ninth yéere of the raigne of the noble King Henry the third in this maner Nullus liber homo capietur seu imprisonetur aut disseisietur de libero teÌ„to suo nec de libertatibus aut liberis consuetudinibus suis nec vtlagetur aut expuletur vel aliquo alio modo destruetur nec super ipsum ibimus nec super ipsum mittemus nisi ê‘ legale iudicium parium suorum vel per legem terrae nulls vendemus nulli negabimus nulli differemus iustitiam sine rectum That is to say no man shalbe taken or imprisoned nor disseised of his fréehold nor put out of his liberties or frée customes or shalbe outlawed or exiled or by any means destroyed neither shal we goe or passe vpoÌ„ him but by y e lawful iudgment of hys Péeres or by the Lawes of this land we shall sell deny or defer iustice or right to anie I find in the xlii yéere of Edwarde the thyrd that a Commission was graunted out of y e Chancerte to take a man and his goods and to put him in prison and it was adiudged to be a voyde procéeding because it was doone without inditement or sute of y e parties or other due proces and not according to the sayde Estatute There is also an other honourable Law made in the xiiii yéere of king E. 3. That the Iustice of any Court whatsoeuer shall not let to doo the Common law for any commaundement which shall come to them vnder the great seale or the priuie seale And to the ende the Iustices of the Common lawes should be the more carefull to performe that law it is ordeyned by a statute made 18 E. 3. statuto tertio that it shalbe part of theyr othe when they are made Iustices and so it is indéede so as they are bound as well by that statute as in respect of their othe to doo iustice to all men and euerye Pâ—â—nce of this Realme doth take a solemne othe in the day of their Corronation to maintaine and to cause to bee obserued the lawes statutes and customes of thys Realme and her Maiestie is also well pleased albeit shee be aboue her lawes in some respect yet to be ordered and yeelde to the same as other her noble progenitors haue doone to her and their great honors and immortall fames And because the Lawe of it selfe is as Tully sayth Mutus magistratus sed magistratus est lex loquens that is The Lawe is a dombe Magistrate but the Magistrate is a speaking Law therefore officers and Ministers must bee appointed to execute the same lawes And for that her Maiestie cannot be in euery place to doo iustice nor can in cases betwixt her selfe and her people be a Iudge shee is of necessity to impart her authority to others to ayde and assist her in the administration of iustice in the choise of which officers she hath great care as by y e auncient statute made in the first yéere of E. 3. is ordeyned touching Iustice of peace that they shall be no maintainers of euill nor barators in the Countrie but shalbe such as Bracton writeth of Viri sapientes et timentes Deum in quibus est veritas eloquiorum et qui oderunt auaritiam quae inducit cupiditatem qui ad â—extram neque ad sinistram vel propter prosâ— eritatem terrenam vel aduersitatis metum a tramite iusticiae declinâ—nt sed iudicent populum dei in equitate vt dici possunt quod psalmista vult eos dici de vultu corum iudicium prodiit veritatis et quod considerent efficasiter quid oportuerit secundum necessitatem quod expediret secundum vtilitatem quod ligatum fuerit secundum promissionem et quid deceat secundum honestatem et tale iudicium diliget honor regis cuius personam iudicando representant nulli au tem iuris beneficium denegent a nullo praemium petant recipiantue vt quisque ius suum libero prosequatur vt in causa vid uae ad eos introcatur vt sint Orphano et pupillo adiuto res vt nulli calumniam fieri patientur vt constitutiones eorum et edicta iure et consuetudinibus approbate coÌ„muni vtilitati conueniant coram eis nulla deprimat aduersariorum potentia sed agat vnusquisque quod causa suae desiderat et se temperat ab iniuria nec a limitibus iudiciorum iustorum auertat eos odium fauor aut gratia vt dici possit de eis iustus es domine et rectum iudicium tuum That is to say Wisemen fearing GOD in whose mouth is trueth which hate couetousnes that bringeth desire which neyther to the right hand nor to the left eyther for worldlie prosperitie or for feare of aduersitie from the path of right shall decline but shall iudge the people of God in equitie that it may be sayd of them as the Psalme speaketh out of their countenaunces the iudgment of trueth doth procéede and that they consider effectually what is to be doone for necessitie and what is expedient for profit what shall be bound according to promise what is méete according to honestie and such iudgment the honour of the King doth loue whose personne in iudgment they represent which shall deny the benefit of Law to none nor shall aske or take any reward of any that euery man may fréely prosecute