A DEFENCE OF THE Honourable sentence and execution of the Queen of Scots: EXEMPLED WITH Analogies, and diverse precedents of Emperors, Kings, and Popes: With the opinions of learned men in the point, and diverse reasons gathered forth out of both Laws Civil and Canon, Together with the answer to certain objections made by the favourites of the late Scottish Queen. Vlpians Maxim. Juris executio nullam habet iniuriam. The execution of Law, is injurious to no man. AT LONDON, Printed by john Windet. The contents of the book. 1 The first Chapter containing an Analogy or Resemblance between jone Queen of Naples, and Marie late Queen of scotland. 2 The second chapter containing an other Analogy or Resemblance between the Emperor Licinius and the said queen Mary. 3 The third chapter containing certain precedents of sundry Emperors & kings, that have in some case put other princes unto death. 4 The fourth chapter containing the acts and judgements of sundry Popes, which have approved the death of some Princes. 5 The fift Chapter containing a confirmation of the honourable sentence & execution passed against the late Scottish Queen, by sundry reasons and authorities gathered forth of the Civil and Canon law. 6 The sixth chapter containing several answers to several objections lately made against the said sentence. 7 The seventh chapter, wherein is proved that in two especial cases, the drawing of the sword of one Prince against another, is not only lawful, but most necessary. 8 The conclusion upon the sum of the said Chapters. AN ANALOGY OR resemblance between jone queen of Naples and Marie queen of Scotland. IOne queen of Naples being in love with the duke of Tarent, Collmitius lib. 5. in historia Neapolitana. Petrus Mexia in vita ve●celai. Historia blondi Epitome pij secundi. caused her husband Andrasius (or as some term him) Andrea's king of Naples, (whom she little favoured) to be strangled in the year of our Lord God 1348. Marry Queen of Scotland being (as appeareth by the Chronicles of scotland and her own letters) in love with the Earl Bothwell, Author. de nuptijs Mariae. Bucchanan. in historia rerum Sco●icarum. Her casket of letters were delivered to the Lords out of Edingburg castle by Iames Balford one of the conspiracy against the king. See the detection of the doings of Mary Queen of Scots etc. and the indictment of Bothwell & other like printed in Scottish. caused her husband Henry Lord Darley king of Scotland, (whom she made small account of long time before) to be strangled, and the house where he lodged called Kirk of field to be blown up with gun powder, the tenth of February in the year of our Lord God 1567. 2 Joan queen of Naples did presently after the shameful slaughter of her husband, Colinutius lib. 5. pag. 216. Petrus Mexia. marry with the said Duke of Tarent, notwithstanding that they were joined in kindred near together. Marry Queen of scotland shortly after the villainous death of her said husband, Author de nuptijs Mariae. Buconan fol. 190 191. lib. rerum scoticarum 18. was publicly married at Sterling by the Bishop of Orkney to the said Earl Bothwell, notwithstanding that he had then two wives alive, Also the detection aforesaid and the scotish monuments. and was divorced from the third (called dame jane Gorden) upon a likely adultery by himself committed. 3 jone Queen of Naples had no long fruition of her inordinate lust and infamous marriage with the said Duke of Tarent, Colin●tius lib. 5. pag. 216. & 218 for he being therefore detested of all the country, pined away shortly after withimmoderate venery & thought, Marry queen of Scotland after that adulterous marriage had with Bothwell, Buconan fol. 199. & ●95. lib. 18. & 19 did but a small time enjoy him, for the Nobility and the commons, rising in arms against them, put them both to their several shifts, first Bothwell to flee into Denmark, and not long after that, the said Marie into England, the which Bothwell living or rather languishing in prison and like a banished and consumed man, had there nothing so comfortable to his guilty conscience, as present death, which there also afterwards ensued. 4 jone Queen of Naples raised a detestable schism and division in Italy and France, Colinutius lib. 5. Mexia in vita Vencelai. Platina in vitae Clementis v. & vita urbani. 6. by reason of two Popes at one time, Vrban pope at Rome, and Clement pope at Avignon. Marry the Scottish queen did sow the seed of schism and sedition, B. rose at his examinution 26. octobris, 1571. both in the church of England and of Scotland, by the means of three Popes, Pius most impious to her Majesty, Gregory the xiii. and Sextus the fift now Pope, His book called the discovery of the Scottish Queen's affairs in England. foe 20. Her letters to the B. of Glosco written in Cipher dated, 6. November. 1577. Her letters to French & Spanish Ambassadors. which what with the brutish bull, what with sundry thunderbolts of excommunication purchased by her means and her ministers, what with dispensations given to all those that would in her favour rebel against the Queen our Sovereign Lady, have not only sought to withdraw the hearts of her majesties evil disposed subjects from their natural love & due obedience, but also have been the impulsive and principal cause of all Schisms and other unnatural dissensions within her majesties kingdoms and dominions. jone Queen of Naples, Petrus Mexia, in vita Vencelai. sent to the Pope of Avignon called by many historiographers Antipope Clement, a Pope of her own facture & fashion, to uphold and defend her quarrel against Charles forces, who by reason that he was Nephew of jews king of Hungary, son (according to some writers) or (as some say) next of kin to Andreas or Andrasius her first husband king of Naples by her murdered, was Competitor with her in the said kingdom, Collinuti us lib. 8. pag. 215. & 224. & that by the title of Robert king of Naples her grandfathers testament, & also by kindred. Marry of Scotland sent many times to the Popes of Rome not so much for the defence of herself and her son in the kingdom of scotland, Rud●lph an Italian merchant her messenger in this behalf. B. Ros & his letters confession 26 Octob. 1571 Her letters to B. of Glasco. Her letters to every 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 ever Prince. john Hameltons' letters to her 6. julij. 1571. & the Duke of Alva's message sent by him. B. Rose. letters employment by her in Germanic. Father Henr●e● message from her to the princes combined, for the contribution towards the invasion of the Realm, and putting her in actual possession of the same. as (which is far worse) to the bereaving of her Majesty of her rightful crown and dignity royal, partly in that with her privity ten hundred thousand crowns were employed by the Pope upon any that would set up in England the Roman Catholic religion, and advance her to the Crown in possession, partly in that she gave maintenance to her Majesties known Rebels both in Flaunders and Scotland, partly in that she practised invasion by foreign forces, and actual Rebellion by unnatural Subjects in these her majesties Realms of England and Ireland. 6 jone Queen of Naples sent also at that time, Pe●rus exi●, Collinutiu●. Blondi historia. Paulus Aemilius. and to the same end and purpose, to Charles the french king, and to Lewes' Duke of Aniew the said french king's uncle: requesting them to bring all the forces they possibly could to the subduing of Charles her competitor in the kingdom of Naples. Marry of Scotland sent many times to king Philip, At one of those times Osmond Wilkinson the messenger, B. Rose the procurer, the Spanish Ambassador the performer of men & money for the rebellion. At one time th'entry was appointed at Harwich in Suffolk invasion confessed by Throgmorton. Her letters to Babington. Her letters to the Spanish Ambassador, & the confession of Babington and his confederates, and the confession of her own Secretaries. Father Henry's message between her and the Pope and the combined Princes. and to her uncle the Duke of Cuise, and other princes combined to bring their forces, not to preserve her in her possession of the kingdom of scotland, but to the invasion of this Realm of England, and subduing of her Majesty the most lawful and undoubted Queen of the same. jone the Neapolitan Queen in regard that the said jews Duke of Anjou, Collinutius. would defend and protect her against the said Charles, offered to make him her son by adoption, and that he immediately after her death should succeed her, both in the kingdom of Naples, & also of Sicily. Marry the Scottish Queen in consideration that king Philip should take her wholly in his protection, Proved by her letters to the said Spanish Ambassador Barnard de Mendoza, and confessed by her Secretaries, Naw and Curl. & likewise the state and affairs of this Country, promised to give & grant to him by her last will and testament the right (which she pretended to have) both to the succession of the crown of England, and also of Scotland. jone Queen of Naples had great & mighty Princes to take her part both out of France and from Province, but both she and all that held on her side, had so strange a fortune and disaster, as it is wonderful, for the Pope by her means exalted was deposed, the said Duke of Aniew General of the field that came into jalie (as Pandulphus Collinut us writeth) with fifty thousand men and (as Peter Mexia affirmeth) thirty thousand of them horsemen, Collmitius lib. 5. so. 228. Mexia in vita Ven●elai. died by the way, and xvi. Barons, and most of his gallant company with him, and the rennant that survived returned home with more shame than with pride they came forth, begging all the way as they went by two or three in a company (as Platina witnesseth) and the Queen her herself was taken prisoner by him, Platina in vita V●bani. 6. who she firmly hoped to have conquered and slain. Marry the Scottish Queen which had in Rome at several times three Popes, in Spain king Philip, in France the Duke of Guise, in England and scotland, Dukes, Earls, Lords, The proof of these is public and most notorious. Gentlemen, and others too too many bent to accomplish her unquiet humour and seditious desseinesse, yet neither had she nor any that took her part any prosperous success, for 2 of her best friends of the three Popes died, king Philip hath never been without civil wars and his hands full of uproars & dangerous tumults, the Duke of Guise so megre and so crossed in all his desseinements, that he could not at any time help her, nor well relieve himself, the Dukes, Earls, and Lords, for the most part that took her part either have lost their goods, livelihoods, lands, liberties, and countries, or have been slain of others, or have slain themselves, many Gentlemen hanged for her sake to the perpetual infamy of them & their race, & utter undoing of all their posterity, & as touching herself neither her own land could abide her, nor the Ocean Sea (to whose mercy in extreme refuge she committed herself) could brook her, nor the land of England (where she hath remained above xvi. years in our Sovereign Lady Queen Elizabeth's protection) could for the more part from her first coming like her, Parrie his confession of her trusty man Morgan's dealing with him for murdering of the Queen. The confession of Naw, Curl, and all the conspirators. or be liked of her, and she became all that while prisoner unto her, whose Royal person she continually hoped and often practised to have murdered. Last of all, Leonardus Aretinus in historia Florentina, Collinutiut. Mexia. Paulus Aemilius. Joan Queen of Naples being taken by Charles nephew to Lewes' king of Hungary, and the first King of Naples of that name, was by the said Charles upon the advise taken and had of the said King jews, strangled in prison and so (by God's providence) paid the death (as the history witnesseth) that she gave to her first husband Andreas King of Naples. Mexia in vita Vencelai. Marry Queen of Scotland although by fleeing out of her own Realm of Scotland into England, Vide Buconaenun fol. 199. & 200. and by coming under the Queen of England's protection, she escaped hitherto the due revengement of her said husband's death, This appeareth by the commission directed to the duke of Norfolk & others, which met the Scottish Lords at york that came thither, requiring justice in that behalf. when and where the chiefest of the Nobility of Scotland pursued her by justice: yet because she hath sundry times since that time conspired to destroy the sacred person of her Majesty, and being once or twice pardoned, hath fallen into a relapse or recination, there hath been upon due hearing and examination of the whole matter, together with her personal answers taken by the chiefest Lords of the Realm, The Parliament 27. regni Elizabethae. assisted with the principal judges of the same, sentence pronounced by them against her According to the Statute of association by Herself subsigned and allowed. Her own letters to her Majesty. And thus she to the joy of all good Christians and well affected English, hath had God's judgement in her accomplished and performed, that did not only kill her first husband, King of Scotland, but compassed also sundry times the death of her Majesty Queen of England, and consequently was like to bring the whole Realm in danger of a general massacre and present destruction, had not the eternal and Almighty Lord of his unspeakable and accustomed goodness by a miraculous discovery preserved the same. The second Chapter containing a second Analogy or Resemblance between the Emperor Licinius and the said Marie Queen of Scotland. A second precedent much resembling the case in question, is offered unto us from our countryman and most Christian Emperor Constantine the Great, who commanded the death of Licinius the Emperor, and yet this act was never controlled by any writer. The History. AFter that Constantine had taken in open hostility, Licinius consort with him in the Empire, Eusebius. Socrates. Sozomenus. Sigonius de imperio occidentali. Mexia in vitis Constantini, Marentii, & Licinii. who favoured the Heathen, persecuted the Christians, and came in arms to violate his person, yet at the request of Constantia his sister, wife to the said Licinius, he spared his life, & bound him to remain at Nicomedia, in the Province of Bithynia. But when afterwards Constantine was informed that the said Licinius attempted a new insurrection and was to that purpose confedered with other Princes, Constantine the Emperor put to death his College Emperor Licinius and never controlled therefore. and sought to flee away from the place appointed, than did he forthwith command the said Licinius to be put to death in the xv: year of the said Constantine's reign when he was lx. years of age, and in the year of our Lord God 377. The comparison and resemblance between these two cases, is very like. First Constantine and Licinius were both chosen Lords and Princes of the Empire. So Elizabeth Queen of England and Marie Queen of Scotland were both called to the state of kings in the isle of Brittany, The Empire of Brittany divided into two kingdoms, as the Empire in Constantine's time was into two Empires. although in divers distinct kingdoms: and therefore the doings of Licinius mought seem to have more colour of right to the Empire, than Mary of Scotland to entitule herself in this Realm, Marry queen of Scotland but a titulary queen. Kings of Scotland have been feudaturies, & done homage to the kings of England. being also but a titulary Queen in her own land: & as it appeareth by the Chronicles and by ancient records, her Progenitors have done homage for their kingdoms to the crown of England. Licinius notwithstanding many princely benefits received at the Emperor Constantins hands, Eusebius. Socrates. insomuch that he was advanced by him to the marriage of his own sister Constantia, which descended from a princely progeny of kings: yet, contrary to his oath and promise like an ungrateful man he became a professed enemy to Constantine. Marry of Scotland, albeit she received many great favours at the hands of Queen Elizabeth in saving both her honour and life, Scotland in an. 1568. England. 1●. reg. Eliz. when she was so earnestly pursued by the Lords and the commons both of Scotland and England, yet like an unthankful person she did show her self contrary to her vowed promise an apparent enemy to the Queen of England. Her letters to the B. of Glascon, & to B. Rose Morgan, and Mendoza. Licinius would alone have been Lord and prince of the Empire by the remove of Constantine. So Marie would be the only Queen of Brittany, divers books and pedigrees published by her agents and favourites to that effect. Resignatio facta 1567. Vide Buconanum fol. 196. And Holingsheds Chronicle, fol. 388. and not only abandon her own son from the kingdom of Scotland (after that she had resigned the same unto him) but also expel her Majesty Queen Elizabeth from her proper & undoubted kingdom of England. Licinius usurped an unjust title, calling himself the universal Emperor. So did Marie of scotland give long since, In the book called Expositio cansarum. And she did it at her entry into Poitiers in France, and would not be reduced from the allowing of the same in all her proceed over since. both the title and arms of England, usurping therein the royal state of her Majesty and crown of England. Licinius came not willingly unto Constantine, but by force of arms was taken at Chrysopolis a City within the province of Bithynia, and brought to Constantine. Marry of Scotland came not willingly into the land and dominion of our Sovereign Queen Elizabeth, Hollingsheds Chronicle. fol. 392. but being encountered with her nobility, & enforced to leave the field, came by boat into Werkington Haven in the west marches of England. Licinius had his life once pardoned for open hostility against the Emperor Constantine. Mexia in vita Constantini. ca 1. Eusebius, Socrates, Sozomenus. Marry of scotland hath had her life spared for murdering her husband & also for hostility and treason practised against Elizabeth Queen 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 was not too far trusted by Constantine, but first confined to Nicomedia, & afterwards to Thessalonica, and there had a noble guard about his palace and person. Marry of Scotland, justly mistrusted for giving the arms and title of England, and refusing to ratify the treaty of Edingburg and afterward for procuring the rebellion in the North, and many other treasons since she had for her abode Carlisle castle, Bolton Castle, Sheffeld castle, all at the Queen of England's great charges and expenses. and great favours, was upon most just cause mistrusted, and therefore confined to certain stately houses in England, & there had princely maintenance and an honourable guard attending her person. Licinius did seek to flee away from the place whereunto he was enjoined. Marry of scotland did many times practise the like in England. Confessed by her before the Lords at Fodringa castle. Licinius did treat with divers princes and captains to make new wars against Constantine. Marry of Scotland did not only practise with divers princes, The practice of bringing in of forces confessed by her before the Lords. Noblemen and others, to bring in foreign forces into the Realm of England, The rest confessed by Babington, Ballard and other of that conspiracy and most horrible treason. but also did conspire and contrive with evil disposed subjects to England the change of the state, the overthrow of religion, the death of her majesties sacred person, the massacre of the nobility, and an universal desolation of the whole Realm. To conclude, Mexia in vita Constantini. ca 1 Socrates & Sozomenus in the foresaid places. Licinius for endangering again Constantine's person and seeking by new troubles to aspire to the Empire like as Maximinianus before had done, was by the appointment of Constantine adjudged to die, Marry of Scotland hath given far greater cause to our Constantine Elizabeth Queen of England to fear new conspiracies both against her Majesty & the state of the whole realm, like as the said Marie and other her confederates have many times done before, In the Parliament holden 13. Elizabeth. and therefore she had been in the high court of Parliament condemned to die many years past, but that her Majesty of her singular and great clemency spared to give her assent thereunto, and of late again upon an other horrible conspiracy there is by the chiefest Lords and judges of this Realm sentence given against her, Proclamation thereupon and due execution respectively made according to an act of Parliament in the xxvii. year of her majesties reign. The third Chapter containing certain presidents of sundry Emperors and Kings which have put other Princes unto death. HOwbeit we need not farther by ensample to show that one Prince hath put another unto death, yet for the farther warrant, and quiet of princes minds, and to stop the evil speeches of such, whose heads are wholly busied in Prince's matters: it is not amiss unto the former examples to add, first certain presidents of Emperors, then of Kings, and lastly for those evil affected sort (unto whom the actions of the Pope are their best instructions) the doings and judgements of sundry Popes. COnstantin so much renowned in the church of God, and that amongst other his princely virtues, for his singular clemency, and care in religion, did cause to be put to death, not only the Emperor Licinius as before, but also Maximinianus, The love of the country knoweth no kinted. the elect Emperor being detected by his daughter, wife of the said Constantine, for an horrible conspiracy against her husband, and yet consider, Constantine showed unto him all duties of humanity and courtesy, in so much that he married his daughter, & received him under his protection giving unto him all princely entertainment, at what time he was pursued by his wicked son Maxentius to death. yet consider, when so many benefits of this Emperor could not stay him, Ambition no less ungrateful than bloody. but in the desire of a kingdom, he thought to bereave his protector of life, than Constantine loath to nourish in his bosom any such serpent, commanded his death, and saved himself. another like example is that of Rhescuporis, A second precedent of an Emperor. as Tacitus calleth him, or as Suetonius & Livy, Thrasipolis, king of Thracia, who by Tiberius the Emperor was put to death. Cornelius Tacitus lib. 2. annalium. For whereas the said Rhescuporis had compassed the death of king Cotys, for that he could not abide to have him comfort with him in the kingdom of Thracia, which in Augustus' days was divided between them, the said Rhescuporis was accused by queen Cotys to the Emperor and Senate of Rome, for this his villainous fact in destroying her husband, where he received judgement both of deprivation of his kingdom, and also of banishment: but assoon as he went about to flee from Alexandria (where he was confined & with a strong guard honoured against his will) the Emperor Tiberius presently gave in commandment to behead him: Blood thirsteth after blood. and yet the said king, did never practise the death of the Emperor, as Marie of Scotland hath practised the death of the Queen of England, Holling sheds chronicle. and that since the said Marie came to be a titulary Queen and had given over to her son King Iemie to be the only and absolute king of scotland. another precedent I find in the Emperor Henry the seventh of that name, The third precedent of an Emperor. who convincing Robert king of Naples and Province of open rebellion & conspiracy with his subjects against his person and Empire, Peter Mexia in the life of Henry the Emperor. summoned him to appear, and finally by process of justice gave sentence of death against him depriving him of his kingdom of Naples, A king for treason deposed & sentenced to death. and discharging all his vassals of their homage and fidelity that they owed him, and farther gave licence to Frederick king of Sicily, the said king Robert's enemy, to make a conquest of the said kingdom in the behalf of his son. Thus far goeth the History, Clementin de re iudicata. c. pastoralis. howbeit Pope Clement the seventh in his Clementine calleth the said Robert king of Sicily according to the old error of Popes, Fazellus de rebus Siculis. and not of Naples, according to all old writers, and found fault in th'emperors sentence about the manner of proceeding and not the matter in question, for he doth not call in question the said judgement as though it had been unlawful for him to have put the said king to death for treason, if he had been found within any of his dominions, where he had committed any such horrible crime against him, but in that he did cite him out of that district and limits of the Empire, to wit out of Naples (which the Pope calleth Sicily, where had been ever his continual and notorious residence) to the city of Pisa, a place justly feared most dangerous to his person: but if the said king Robert had contrived the death of the Emperor within the jurisdiction of the Empire, and there had been found or (as it is wont to be used in criminal causes) had been sent thither to answer the contempt done against his Majesty, then & in that case, Pope Clement did agnize and insert in express words in his Clementine published in the Council of Vienna, that the Emperor mought have sentenced the said king lawfully to death, Pope's censure in what case a Prince may lentence an other lawfully to death. his words are these: Quòd si punitio criminis intra districtum imperialem commissi ad imperatorem forsan pertinuisse asseratur, d c pasteralis. verum est quidem, si ineodem districtu fuisset inventus delinquens, vel ad illum de more remissus, Wherein he doth agree very well with the civil la, which is that, sortitur quis forum, tàm ratione delicti, quàm ratione domicilij, that is, a man may be within the compass of an other Prince's jurisdiction and prerogative, aswell in regard of his offence committed, as of his place of dwelling: the discourse whereof, more at large hereafter. In like manner Barnard king of Italy, Barnard king of Italy put to death, by jews the French king. being persuaded by the Clergy of his right and title that he had to the crown of France, levied an army intending to recover his right, and to destroy them that than possessed in the kingdom: but in the first encounter he was taken, Belleforest in his French history had his eyes put out, a while was kept in prison, and after by jews Debonair king of France and Emperor for the better assurance of his state commanded to be put to death. So likewise Conradine king of Sicily was by Manfredus prisoned: Collmitius lib. 4 he bequeathed his kingdom to Conradine his son, Conradine put to death by king Charles. the which being young and not able to make resistance left his country unto manfred, the which Charles Earl of Aniew & Provence, the French kings brother at the request of the Clergy of Italy many years after, subdued & conquered, and there being chosen and crowned king of Naples in his days, Conradine being grown to years, and desirous of his father's kingdom by his father given him, much helped and furthered by the personal presence of many great princes, he entered the country in warlike manner: where he was taken prisoner, and after twelve months imprisonment, by the opinion of the best learned in the law, in open judgement he was condemned, and publicly with many his confederates he was commanded by the same Charles to be executed. So when jews king of Hungary was consulted by his nephew Charles King of Naples, Collinutius li. 5. what he were best to do with jone Neapolitan Queen, than his prisoner, An advise of a king for a queen to be put to death. he sent two noble men unto the said Charles with this determinate answer & advise that she should be brought to the same place where she strangled her husband, & there to be strangled in like manner herself. ¶ The iiij. Chapter containing the Acts and judgements of sundry Popes, which have approved the death of some princes. BUT to leave the examples of kings, and to come to Popes, whose acts will better serve to satisfy some men's humours, than all the Presidents of Kings and Emperors, be they never so godly: Themselves say a Pope may err in manners but not in judgement. if Pope's cannot err (as Popes do affirm) than Pope Clement the fourth his example were able to persuade in this case even Pope Sextus Quintus himself, now Pope of Rome, although he be one of the chief pillars and patrons of the Scottish Queen, A judgement of Clement of putting a king to death Colimutius in historia Neapolitana. lib. 4. pag. 186. Henricus Gildifingensit in historia Austriaca. for that the said Clement delivered for la in Conradine the king of Sicily his case, that because he had compassed to take away the life of Charles the king of Naples, it was both lawful and expedient for the said Charles to put him to death. another example of a Pope. And taking with us the said Pope's ground and maxim, that Popes cannot err: a second example will serve of an other Pope called Boniface, who put to death the Pope Celestine, whom he had in prison for a lesser cause a great deal then that of Conradine, Collinutius li. 5. Vide Cornelium Agrippan de vanitate scientiarum c. de eccles. magigistratibus; de tribus mirabilibus Bonifacii. Metuens (as the history setteth down in express terms) ne ob singularem pietatem ad pontificatum denuo revocaretur: that is, because he feared that Celestine the old Pope would for his singular virtue be called to his Popedom again: thus did Boniface not for any treason practised against himself, but for fear of losing his living put Celestine a good Pope to death. And because the Pope in creating of Cardinals, Cardinals in their creation Pope's fellows. Gigas de crimine laesae maiestatis. julius clarus receptarum sententiarum. lib. 5. calleth them the Princes of this world, and his brethren part of his body, making therefore the crime of treason, called crimen laesae maiestatis to lie in offence done to their persons aswell as to himself, as is by Gigas and julius Clarus affirmed: I think the judgement of Pope Vrban the sixth, may be conjoined with that former precedent of Boniface the viii. who, having gotten viii. Cardinals in prison, did for the preservation of his own person (as he did pretend) cause five of them to be put in sacks and being therein fast bound to be cast into the sea: Pope Vrban put to death 8. Cardinals for preservation of his own person. Collinutius li. 5. the other iii. being convicted at Genua in open judgement he caused to be beheaded, and their bodies to be dried in an oven, and to be carried with their three purple Hats borne up before him, A strange cruelty of a pope upon dead bodies of his own fellows. when he went any ways forth, to the intent that this mought be a terror unto all other that should contrive any thing against his holiness. And lest any Roman Catholic should think that it is an unchristian part to put a christian Queen to death, I give him the same Pope Urban'S action for his instruction, who when the sword was brought all bloody unto him, Collinutius. li. 5. with the which Charles king of Naples nephew to Lewes' king of Hungary was by treachery murdered at Buda in Hungarte (not without the due punishment of God inflicted upon the murderers and their abettors for the same) he allowing the fact, A Pope's allowance of the treacherous murdering of a king. handled the said sword so imbrued with blood in his hand, and took great pleasure in beholding of it. If a Pope made allowance of so treacherous a murder of a good king, what disalowance is there to be made of a just and honourable sentence given of a tumultuous Queen. And yet this is that Pope Vrbanus minime Vrbanus, Platina in the life of Vrban the vi. Collinutius li. 5. Mexia in the life of Vencelaus. (as Platina saith) which not long before did advance the said Charles, with all the blessings and aid that he could in his title & claim against the said jone to the kingdom of Naples, pronouncing his curse against her, as a schismatic and rebel, and that notwithstanding, he afterwards fell as fast to the cursing of the said Charles, Collinutius. li. 5. because he would not create one Bitillus a bitelhed and very lewd person, the said Pope's nephew to be Prince of Capua, & Lord of Dirachium in Dalmatia. These few examples where kings, Emperors and Popes, have put other princes of like condition to death, may serve in case of the Scottish Queen to persuade any man, that is not too too far distempered in his judgement, especially seeing the practices of these, which for their treasonable demerits, were put to death, are far inferior to this her most horrible and treacherous conspiracy, and that there can never be one history, or example shown in such villainy, comparable to this, where a Queen hath had so many times her honour, and life preserved, when her own subjects were in arms against her in scotland, when her Nobility for the murdering of the king her husband, craved her death by justice in England, & when the nobility and commons of England for new and fresh conspiracies, and by her often reiterated against the Queen's Majesty and the good estate of the land, have again, and again, earnestly requested both in open Parliaments, and else where due execution of justice against her. A confirmation by many reasons gathered out of the Civil and Canon law, of the honourable sentence and execution passed against the Scottish Queen. BEfore I proceed to the instifying of the said sentence and execution, I think it not amiss, here to set down what the Laws of England have been in these Capital offences, not only from the Conqueror's time, but from the beginning of any Empire or principality within this Realm: & searching what hath been written herein, I find, that the very imagination and intent of treason, being in the highest degree without overt fact, hath in the times of all Kings, and in all persons, been loss of life and member, loss of goods and lands, and perpetual corruption of blood: which Law agreeth very well & seemeth to have commencement and beginning from a Civil constitution, made by the famous Emperors Arcadius and Honorius in the year of our Lord God. 3 8 9 The effect of which Law, for the matter in question followeth: L. quisquis C. ad L julian matestatis. Quisquis de niece principis eorumque qui consilijs principis intersunt etc. cogitaverit (eadem enim severitate voluntatem sceleris, qua effectum puniri iura volverunt) ipse quidem, ut maiestatis reus, gladio feriatur, bonis eius omnibus fisco nostro addictis. Whosoever shall imagine or intend the death of the king or any of his counsel (for the Laws would with the same severity have a man punished, aswell for his will in intending as for his fact in committing treason) he shallbe beheaded, as guilty of high treason, and his goods forfeited to our Exchequer. Note here, that the said words be general and suffer no exception, L. 4. C. ad L. julian maiestatis. which also is in the very next Constitution precedent by three other Emperors, Valentinian, Valens and Gratian confirmed, where they use these words, In sola causa laesae maiestatis omnibus aequa conditio est, nulla habita, militie generis vel dignitatis defension: In the only cause of treason all persons are of equal condition, debarred from all defence and privilege of military virtue, birth, or dignity. And as the words of the law are general including all persons whosoever, so is the self-same law general, because it receiveth allowance in all countries, and in Scotland itself, where the civil law is exercised, and in that regard may be called Ius Gentium, the law of Nations: Quia eo iure omnes gentes utuntur because in all Nations the same law and penalty for treason is used: wherein the Scottish Queen could not pretend ignorance, seeing it is the law of her own country, and the law of all the world, and seeing she confessed her presciencie & knowledge thereof, as also of the statute made in the same effect, the seven and twentieth year of her majesties reign, discovering in her letters to Babington, that if her conspiracies were known to her Majesty, it were sufficient for that Queen to enclose her in some hole, forth of which she should not escape, if so be she did not use her worse: as though she had said the heinousness of her desert and penalty of the law did inflict a greater punishment on her, than being kept close prisoner, which she further confesseth in plain words in her letter to Mendoza the Spanish Ambassador: Let this be kept secret, forasmuch as if it come to be revealed, it should be in France the loss of my Dower, in Scotland a clear breach with my some, and in this country, my total ruin and destruction. And the said statute of the said xxvij. year of her majesties reign doth not alter the substance of the offence in treason, or make it more grievous or prejudicial than it was before: but for as much as her majesties life (whom Almighty God preserve to the end of all time) was sought by many wicked complots of desperate miscreants to be taken away, and the public peace disturbed: the body of the whole Realm (to prevent that mischief, & that this might serve as an other warning to stay their fury) enacted and set down a more honourable proceeding against all such violent Competitors of the kingdom, than there was before therein, adding rather form than substance, that if any such villainies were attempted, it might both in the matter and manner have the more honourable proceeding. Seeing than the Scottish Queen is both by general words and also by especial demonstration within the compass of the law, it remaineth to see what can be said for her exemption from the said law. I hear that principally alleged for an excuse, that she was an absolute Queen, and therefore in her person not to be impeached, as though it were to be justified by any law in the world, for a Queen to contrive the death of an other Queen, and that (which is most treacherous) in her own kingdom. Or that a King or Queen coming forth of her own Realm, to the kingdom and dominion of an other King or Queen, may there do what they list without controlment, under colour of their kingly prerogative. And although I should grant that she was an absolute Queen, and in respect thereof, had divers privileges incident unto her person: yet in this case all privileges that go to, and follow the person, In case of treason no privilege will serve. are excluded: Quia in causa laesae maiestatis (saith Baldus) privilegiatus non potest allegare privilegium. A man privileged in his person, in case of treason, cannot allege his privilege. And this is a most general law and all persons whosoever are subject to the same, L. Q. in Provincia ubi de criminine agi oportet. that in what place they have committed any crime, there according to the law of the place (without regard of any privilege) they ought to be adjudged, Et hoc ius perpetuum est, L. edita de edendo C. 1. Inst. de satisdat. tutor. Parag. 1. saith the Text: that is, this law is general, for so this word perpetuum, is in the civil law in sundry places used, and in this very place it it is so by the learned expounded. Neither can a king in in another kingdom challenge any such prerogative unto him, that for an offence given in the highest degree he may not there be punished. For every king out of his own kingdom is to be accounted of, Lapus de castillo allegat. 92. but as a private person, for that he hath no longer merum imperium, that is supreme and absolute government, but doth only retain, honoris titulos & dignitatis, the title of honour and dignity within the territory of an other king. So that there where he hath offended per omnia distringitur etiam quoad personam, he may be punished in all that he hath & that in his person, zabarella. e pastoral. de re iudicata. D. D. c fi. de sore competent. for ratione delicti-sortitur forum, by reason of his offence, he is now become of another prince's jurisdiction and prerogative where he hath offended. Insomuch that neither our friends which are confedered with us, nor Ambassadors which coming from great & mighty Princes are resiant amongst us, nor the kings and princes themselves that carry so great a majesty in their persons can challenge any immunity or privilege by reason of their confederacy, honour, or dignity: but where they contract, & where they offend, there must they abide the order of law & condign punishment. For of our friends that are in league & amity with us, hear what the law saith: Si sint apud nos rei ex civitatibus confederatis in eos damnatos animaduertimus: L non dubito ff. de captiuis de postlimivio reversis. if any person of the confedered Cities be found guilty amongst us they are iusticiable here, and after their condemnation shall receive execution accordingly. And of the Ambassadors, julius Paulus, who for his excellent skill in the law, came to be both Praetor & Consul in Rome, writeth in this manner: L non alias parag. legati ff. & judiciis. Legati ex delictis in legatione commissis coguntur judicium Romae pati, sive ipsi admiserint sive servi eorum. Ambassadors that are come to Rome out of far countries, are there to answer for their offence committed there in time of the Embassy, whether it be done by themselves or any of their retinue. L si legationis ff codem●●tulo. Likewise Saluius julianus the chief counsellor to Adrian the Emperor writeth thus: Si legationis tempore quis servum vel aliam rem emerit, aut ex alia causa possidere cepit; non iniquè cogetur e●us judicium accipere: aliter enim potestas daretur legatis sub hac specie res alienas domum auferendi: That is, Note the reason of the law. if any during his Embassy shall buy a bondman or any thing else, or shall come to the possession of any thing by any other title or means, he shallbe compelled to answer to the law in that behalf, for otherwise Ambassadors should have liberty under this colour to carry into their country other men's goods: but that ought not to be granted them, say the interpreters upon that law, Ne occasio daretur delinquendi: lest an occasion thereby should be given them to deal lewdly. Then if a law will have an Ambassador as well as the subject, to answer upon any contract or wrong done to the subject, would the same law (trow you) allow the practices of high treason in an Ambassador against the common peace unpunished? And although some have written that Ambassadors have had their lives spared them in cases of high treason: yet that proveth not that for treason they might not by law have been executed. For as Theodatus said to the Ambassadors of Bizance, Procopius lib. 1. de bello Gothorun if an Ambassador should in his Embassy commit adultery, or else use any villainy towards the Prince, Tunc quidem, Vide justinum. lib. 7. in the case of adultery. & iure, legatum occidere pro humanis legibus licet: than were it lawful by the law of the land to put such an Ambassador to death. Wherefore Conradus Brunus writing both gravely & learnedly of the dignity & immunity of Ambassadors doth after a great discourse, conclude with these words. Ius violandorum legatorum ijs tantum seruandum esse, qui honest in legatione versantunr: Vide L. per id tempus de curiosis. lib. 12. & L quoties & L judices de dignitat lib. 12. C etc. ivarum nos parag. verum. Ext. de privilegiis. the law that willeth no hands to be laid upon an Ambassador, is to be kept with them only that do in their Embassy behave themselves honestly, otherwise, in universum privilegium amittit, qui concessa sibi abutitur potestate: for ever he doth lose all privilege that doth abuse his commission and authority. Let us go higher from the Ambassador to his Master the king himself. Bonifacius de vitallinis, c pastoralis de re iudicata. vers. nos tam ex superioritate nu. 65. writing upon the case of king Robert of Sicily hath these words. 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 delictum & quoad qualitatem delicti. If any person being no subject of Themperors, do commit any crime within the limits of Thempire, whereby the same being committed by one of the Emperor's subjects, should amount to the offence of high treason: the same doth commit the like crime hereby, which in regard of the place of the offence is subject to the emperors authority, and he is hereby brought under his jurisdiction and power both concerning his offence and the quality of his offence. And if some will yet object, that all this may and aught to be understood in such persons as are inferior and under the degree of Kings and Princes: hear what he addeth farther in the same place, Bonifacius nu. 72 Rex (inquit) delinquendo in imperio efficitur de jurisdictione imperatoris ratione delicti, & sic fit ligabilis delinquendo sicut contrahendo. A King if he doth offend within the Empire, is made thereby one of the jurisdiction of the Empire, by reason of his offence, and so is answerable by his delict, as he is by his contract: for else this absurdity would follow and a dangerous plague to all Princes, that one king might safely kill an other king, and that in his own kingdom by violence, and the king (whose death is sought) may not for his safety put to death such a murdering king by justice, and by that means also (as I said before) there should be given an occasion of treacherous dealing, which the law abhorreth, and willeth by all means to be eschewed. The law therefore is general and reacheth not only to the Nobility and Commons of any Realm in regard of subjection, but also to the foreigner, to the Ambassador, to his Lord and master the King, in respect of their conjurations, if any such conspirators be apprehended where they within an other king's dominion, have offended: for the offence of conspiracy, doth divest & deprive them, and every of them of their privilege and prerogative (if they had any) like as the sanctuary will save a man's life for homicide: but not when homicide is committed within the sanctuary, for them by his own fault he doth wave the benefit of all privileges and prerogative. L auxilian de mivoribus c. benè de electione. Quia frustra legis auxilium invocat qui in legem committit. He doth claim in vain the benefit of the law, that doth offend against the law. So is the Queen's Majesty in her gracious Realm, a sanctuary to every king that cometh within the same under her highness protection, until he committeth a capital delict and offence against the same, and than upon the reason of the foresaid laws, he looseth the benefit & privilege thereof: like as the benefit or privilege of safe-conduct is lost, when after the safe conduit granted, any crime is committed, but for a farther confirmation of the premises we shall speak more at large in the next chapter. The sixth Chapter, containing an answer to certain objections lately made by certain favourites of the Queen of Scots. FOR as much as some partial and evil affected Aliens, and some hollow and dissembling subjects will perhaps in this honourable and just action, malign the proceed of the whole Parliament, and the sentence and execution thereupon, I think it not amiss to meet with some of the best of their Arguments, the which at the first show might seem to cross or control their doings. The first objection. The first objection is, That Par in parem non habet imperium, that is an absolute Prince over and against another absolute Prince hath no jurisdiction or sovereignty. And this was by Prince Conradine a Prince more skilful in feats of war, than in points of law, Collinutius. lib. 4 hist. Neapolit. objected unto Barius, king Charles his protonotary after that he had read the sentence of death given against him. The like argument doth Matheus Parisiensis allege in king john's case, Parisiensis Monachus in sua historia. when the French king would have sentenced him for the Dukedom of Normandy. Upon the which maxim or rule it is inferred that forasmuch as our Queen, & Marie of Scotland were both Queens, and of equal power and authority, that the one can have no such power to sentence or punish the other. The Answer. For answer, it may then truly and justly be said, that whatsoever show this argument maketh in appearance, yet it is nothing at all in substance. For to let pass that (which is much doubted of by many) whether the Scottish Queen were, at the time of the sentence given, Queen of Scotland or no, seeing by the three estates of Scotland she was disabled. To omit also that she relinquished long time before all her right, title and interest in the same realm (if she had any) to the Lord Iemie her son now king of Scotland. To pass over in like manner how evident a thing it is, and most notorious, that the kings of Scots have been feudatories and done homage unto the kings of England, See Hall, and Fox's history, reg. 4. William Conqerour. malconib. Edward. 1. Richard. 2. and have appeared in person in Parliament at York, and had the place of the first Peer in England, whereby it may be inferred that the Scottish Queen was no absolute Queen, but had respect & was inferior to the crown of England: if we should grant them all this, for dispution sake, that she was still Queen of Scotland, and farther, that she was an absolute Queen, what than? what can they infer of this? doth equality in dignity give supreme power and sovereignty in the kingdom of England? This her sovereignty hath undoubtedly a necessary relation to her own subjects the Scots, and kingdom of Scotland, not unto the English and realm of England: & albeit I do grant here for argument sake more than may do, to wit, that she was still a Queen in dignity, Thomas Grammaticus. yet I may right well deny her to be a Queen in sovereignty: for she left all her sovereignty behind her, and became a private person and no sovereign, at what time she came from Loghléuen castle in scotland, to the castle of Cokermouth in England. And this point may soon be tried by sampling the same in an other Princess coming into any foreign country. If the King of Spain should come into France, although perhaps the French King mought take him for his brother, in the sense of the Poet (fratrum concordia rara) yet I doubt he would not take him there for his fellow, Lucan. Tully in his book of dutiess. Omnisque potestas impatiens consortis erit: there is no kingdom that will abide a Copartner. D D in l. est receptum f. de iurisd. omnium judicum. And (as Tully saith) Nulla sides nec sancta societas regni est, There can be no firm faith, nor holy society of a kingdom: over and above that every Prince in his own principality is the greater, c come inferior de maior. & obed. and it is an infallible rule, that every King out of his own kingdom is no more but a private person. Lapus in allegat. xcij Preses (saith Paulus) in suae provinciae homines tantùm imperium habet, & hoc dum in provincia est, I. preses f. de officio presidis. nam si excesserit privatus est, A precedent, hath sovereignty, only upon the subjects of his own province, and that whilst he is within his province, but if he goeth forth of it, he is a private person. Upon the conclusion of which law there grew amongst the learned this question, Baratolus. lib. 12. de dignitatibus. c. whether a King passing through, or resiant in another kings Realm and dominion, mought make any of his subjects knights: and some held opinion, that he could not, for that he had not there merum imperium, supreme power and sovereignty, but Regiam duntaxat dignitatem, that is only the honour and dignity of a king. Other resolved thus, that albeit in this case he had no such sovereignty in him, yet because this act was not contentiosae jurisdictionis, of a contentious jurisdiction as when suits pass in the king's consistory between party & party, jason & Alexander in L. extra territorium de iurisd. omnium judicum. but jurisdictionis voluntariae, of a jurisdiction voluntary, such as pass upon pleasure before himself: they were of opinion, that he might make knights, like as one Bishop may approve wills, and confer orders in the Diocese of another Bishop, because the same is jurisdictionis voluntariae, of a jurisdiction voluntary: but that a king in another king's dominion, or a Bishop in the diocese of another Bishop hath merum imperium, or sovereignty, that can never be shown, but the quite contrary. Neither only is every one in his own territory chief and greater than an other, who in other respects notwithstanding, is many ways greater than himself: but also he may punish there such a person greater than himself, offending in his territory insomuch that an Archbishop by a Bishop in the Bishops own territory, an Emperor by a king, in a king's dominion and country, and a king by a Magistrate of a free City may there be punished for his offence. Neither doth the rule Par in parem take any place in that case, and so in the case of an Archbishop Panormitan and Felin expressly set down, C cum inseriors de maior. & obed. that he may by his inferior bishop (being not his suffragan) receive condign punishment for the offence, that he hath committed within the said bishops diocese. Anchoranus addeth farther, Anchoran clem. 1. de fore comperente. that if a patriarch should offend within the territory of Bononie, the Bishop there mought punish him accordingly. And that an Emperor may be in like manner punished by an other Prince, in whose territory he hath offended, Vaskins lib. 1. contr. f. illustrium. Ferdinandus Vaskins in his book of princely controversies doth affirm in these words: Imperatorem ab alio principe in cuius territorio deliquisset, puniri posse non dubitaverim. And that a Magistrate in like manner of a free City may punish a king offending within the territory of the City, we read examples in sundry histories, as how justinian a king, Functius in cronologia. was put to death by Helias a patrician, etc. And the reason of the premises, is grounded upon two conclusions of the law. The one is that the Emperor, the King, the Archbishop, and the Bishop, are out of their own kingdoms, countries, and diocese, but as private persons, The other that every Prince and ruler within his own kingdom and rule is greater than any other, although he were the greatest monarch in the world. The which a great learned man called Lapus de castello, in plain words most apparently showeth, his words be these: Lapus de castello alleg. 91. nu. 7. & 8. Extra territorium suum quilibet Rex censetur ad instar privati, & constat, quòd unusquisque in suo territorio maior est: undè populus Senensis in suo territorio magis potest, quàm Dominus Rex illustrissimus & perpetuus Anglorum, Every king out of his own kingdom is accounted as a private person, and it is apparent that every person in his own territory is the greater. And therefore the people of Senes in Italy can in their own state and territory, do more than the mighty and illustrious Lord the King of England. Again, we may further show in this case that although she were a Queen and by her royal prerogative not to be touched, yet if she doth divest herself of her prerogative or make herself subject to the jurisdiction of another, than can she not claim her privilege nor exempt herself from the others jurisdiction. For as Ulpian praefectus praetorio to Alexander the Emperor, saith: Est receptum eoque iure utimur, L. 14. ff. de iurisdict. omnium jud. ut si quis maior, vel aequalis subijciat se iurisdictioni alterius possit ei & adversus eum ius dici. It is received, and is a law which we have daily in ure, that if the greater or equal do submit himself unto the jurisdiction of an other, the law may there be ministered to him and against him, upon which law Paulus Castrensis, jason & divers other learned men do note that there are two kinds of submission, Expressa & tacita: express commission, by giving open consent: secret submission by making any contract or committing any offence: & so within their territories. unus Princeps vel Baro potest alium principem vel Conbaronē punire. One Prince or Baron may punish an other prince or Baron. Than since the Scottish Queen in her majesties Realm against her Majesty, not of ignorance, but wittingly desirous of her crown, hath offended, and that in no less case than the case of high treason, by her treasonable fact: she hath yielded a secret submission to the jurisdiction of England, and therefore there rightfully to be punished by law. Wherefore to conclude, since some doubt whether she were a Queen (as which had resigned up and thereby had no kingdom) since, if she were a Queen in dignity, yet in sovereignty she was no Queen, but a private person coming into another Prince's dominion, since every Prince in his own kingdom is chiefest, and other there are inferior to him, since an inferior person may punish his superiors for such offences they commit within his jurisdiction, since a Prince by offending submitteth himself to the state of that country where he offendeth, and may have the law pass against him for it: This objection of Par in parem little serveth their purpose, as which is to be understood of facts committed in their several kingdoms & territories. For than may not the queen of England punish her for aught she hath done amiss in Scotland, because they are in this case Pares, that is, of equal authority, but for her demerits in England (where they are not Pares) but the Queen of Scots inferior to the Queen of England, there the queen of England retaineth only the supreme sovereignty, and therefore there may notwithstanding the said objection, lawfully sentence the Scottish queen. The 2. Objection. AN other objection is made thus: The Scottish queen pursued by her own subjects fled into the realm of England as a suppliant for secure, and therefore of common courtesy she ought to be well entreated there, nor to be detained as a prisoner, or if she were detained yet to have the liberty to be put unto her ransom. The Answer. TO this may be answered, first that every person passing through or resiant in another kingdom, without a safe conduct or passport being not in amity or league with the other is a lawful prisoner in the same. And therefore in all the leagues that we make with the house of Burgundy or kingdom of France, or they with us, there is an express article or capitulation set down, ut sit amicitia foedus & pax, & ut liceat per dulces aquas etc. commeare, that there be an amity, league, and peace: and that it may be lawful for the subjects to pass by water or land through the realm freely and without impeachment. Which being granted, than must we farther in this case consider, how that until the last year there never was Foedus vel pax inita, any league or peace made between Scotland and England, but only Cessatio à billo, an abstinence from the wars, whereby the Scottish Queen coming into England could not challenge any liberty or freedom within that kingdom. Than the law standing thus that no man Nisi confederatus retinet sibi libertatem in aliquo regno etc. L. non dubite ff. de captivis. No man can retain liberty in an other kingdom without he be in league, & confederated with the king, or come into the realm by safe conduct: I think it will not be gainsaid, but she was staid here and detained lawfully. Again, it is not here to be passed over in silence, how the Queen of Scots usurped the style and arms of the crown of England, a thing most notorious to the whole world. Since therefore she was a Competitor of the crown, and thirsted after the crown of this realm in possession, & could not be reclaimed from the same, although by her Ambassadors she promised divers times to do it: since God had put her into her majesties hands, well might her Majesty take and keep her until she had performed her promise. For did not Tiberius detain king Cotys? did not Constantine the Emperor, do so with the Emperor Licinius? Did not jews the French king, called jews the Pitiefull, do the like unto Barnard king of Italy? Doth it not stand with the law of nature, which is (ius immutabile, a law immutable) for every person to provide for the safety of himself, and all that are committed unto his charge? And if we should grant her, that she came in as a suppliant, and of free will, and not driven in by tempest, when she meant (according to some writers) to have gone into France: what if she came hither for succour? (as it may be when she saw no other remedy she showed to be her intent) is it not as great or more reason for our sovereign to secure herself as to secure her? For if the Scottish queen thinketh our queen bound by the law of nations, to take her after this manner coming into her protection: doth not the law of nature teach our queen under colour of protection to provide against prodition? So that whiles the other carried always with her this ambitious mind, to bereave the queen our sovereign of her kingdom of England, if she had been set at liberty, had she not been far more enabled to accomplish her designs? for otherwise to what intent did the princes and her allies, and all her adherents desire, and thirst so much her enlargement, but to make her an head to be set up in time of invasion against her Majesty? But supposing that her Majesty had no just cause of her so doing and her detaining here, had been wholly unlawful, mought she therefore seek to take away the life from the queen of England? The practice of so many horrible treasons, may not be shifted with this so untrue and slight pretence, nor coloured with a fair show of nature's law: for so many seditious unnatural and ungodly desseinmentes most repugnant to the law of nature, and contrary to the laws both of God and man, can not abide any such shift or colour. The 3. Objection. THe two first objections made against the said honourable sentence, are in regard of the Queen of Scots person: But the two objections following, do rather tend to the disalowance of the law, whereupon the sentence is grounded. For (say they) although we should grant that one king may sentence an other king delinquent and resident within his kingdom, we think it not convenable that in the case of a king, the trial should be by the municipal and statute law of the land, but only by the common and general law received amongst all other nations. Again since the law of Nations (as they say) punish the effect and not the affect: him that hath committed, not him that willeth or intendeth treason, that therefore they have dealt injuriously with the Scottish queen in punishing her by death, for only willing and intending treason, which as yet had not the intended effect. The answer. FOr answer to the first of these two objections. A Prince may be tried by the municipal and statute law of the land, where he offendeth, the which appeareth by one of the most ancient interpreters of the Civil law Albericus de Rosate, and that in the case of a king sentenced for high treason, Albericus L quisquis ad L juliam mayest. C D D in L 1. c de trinitate. where he moveth this said case, and resolveth it thus: Nun unusquisque delinquens iudicabitur secundùm leges loci in quo deliquit? Respondeo, verum est, si de intention legislatoris fuit, factum ipsum afficere & omnem personam quae incideret in ipsum factum, Nam non plus extenditur lex quàm fuit de intentione legislatoris: That is to say, Is not this agreed for law, that every delinquent or offendor against the law, shall be adjudged according to the laws of the place where he committed his delict or offence? That is true, (saith he) if it were the mind and meaning of the maker of the law, to punish that offence, and every person that should fall within the compass of the said offence, for the law is never extended farther than the intention of the law maker. And was not the intention of the makers of the statute law, made the 27 of her majesties reign, most evident after so many seditious desseignments and most wicked plots laid both for the endangering of her highness most royal person, and also for the ruin of the common weal, to devise a speedy remedy for such an apparent mischief? Did not the wicked attempts of Throgmorton and Parie, and the continual practice of fugitives beyond the seas, and traitorous subjects at home, make it as clear as the sun in the eye and heart of every good subject, how necessary it was to provide speedy remedy herein? Did not (upon these respects, and to meet with these and such like mischiefs) the whole Realm assembled in Parliament enact thus: That if any open invasion or rebellion should be made, in, or within her majesties Realm, or dominions, or any act attempted tending to the hurt of her majesties most royal person, by or for any person that should or might pretend any title to the crown of this Realm, after her majesties decease, or if any thing should be compassed or imagined tending to the hurt of her majesties royal person, by any person or with the privity of any person, that shall or may pretend title to the crown of this Realm: that then, such person whatsoever should be within the compass of that law. Wherefore by that law (as may be gathered both by the preamble and body of the act) the said two great dangers were sought to be provided for, her majesties preservation and the common peace of th'whole realm. You will say it tended only to subjects. To that I answer, it had been then a needless law, for those attempts by subjects by the common laws of this Realm, and so agnized by the statute of 25. Ed. 3. de proditionibus, were high treason before, and therefore there needed no new law for them. For whom was this law then especially made? It plainly appeareth by that which is before alleged, that it especially respecteth all those persons whomsoever, that should or might pretend title to the imperial crown of this Realm. And did not Marie of scotland at, (and long time before) the making of that act, pretend title to the crown of this Realm, not only to have it after her majesties decease, but forthwith to be put in actual possession? And did not the said Marie after the making of the said statute by her subscription and letters, specially addressed from her to the Queen's most excellent Majesty, allow and give her assent to the same? Nevertheless after the making of this act, and her said consent given thereunto, the monstrous conspiracy of Babington, by her privy consent, and promise of reward for the murdering of her majesties sacred person, and achieving the crown and diadem in full possession, was practised and miraculously discovered. Which I need not here particularly to deduce, since there was a most honourable sentence given thereof by the most part, and the most ancientest of the nobility, since their proceedings were declared to the whole body of the Realm assembled in Parliament, & of them received all allowance: since both the houses often sued unto her Majesty, that according to law, justice might be administered and since her highness at the great entreaty of her subjects, suffered the sentence by Proclamation to be published, it plainly appeareth that the intention of the law makers, was, that the law should reach unto the Queen of Scots, and to every other person whosoever being a competitor of the kingdom. Wherefore it is manifest, that although this is statute law, yet since it was the mind and intent of the makers that this law should reach to the Queen of Scots, that by offending she is made subject unto it. Neither is the statute law herein repugnant in substance to the law of Nations, howbeit, there be some difference in some matter of circumstance: but the same agreeth with the laws both civil, & of Nations in substance, which generally do inflict the penalty of death upon every one, that is a worker of treason. Besides, if the statute laws of England will bind the king himself for any matter within his realm when the intention of the makers of the law is such (as it is very plain and clear without all controversy, that it doth) shall not a statute law bind the queen of Scots, especially for matter perpetrated within the realm. And as touching the said statute of the 27. she could not pretend ignorance, for that she had understanding of it: nor allege a mislike thereof, for that by her voluntary subscription, she had approved it: nor except against the severity of the law, because it is agreeable both to the civil law of the Romans, & also to the law & custom of her own country: and therefore it may be said to her, Non potest quis improbare quod ipse approbavit, a man may not be contrary to himself in disallowing that which himself hath allowed. Also Patere legem. quam ipse tuleris, suffer the same law which you have made yourself. She meant death to the queen of England's person, let her not therefore mislike if the queen of England doth minister the like measure to her person: for as it hath been near fifteen hundred years ago truly written: Non est lex aequior ulla, Quàm necis artifices arte perire sua. No juster la can reason crave Then seeking death, the same to have. Also it is a rule of the civil law grounded upon the law of nature: Id debet cuique placere in sua persona quod placuerit in aliena, that every man ought to like that in his own person, which he would have done in the person of another: neither doth the privilege of dignity in the person alter the nature and quality of the offence in case of treason, howsoever it doth in other cases, as before I have sundry ways confirmed. The 4. objection. THE fourth objection made against the sentence and execution of the Scottish queen is another exception taken against the law of the land, because in the case of treason it punisheth as severely the intent as the deed, the mind in conspiring as the hand in executing: for thus they reason. It is both against the law of nations and the law of nature, howsoever it be according to the law of your land to put a queen to death for a bare and naked intent, an imagined treason, be it never so heinous, when there followeth no hurt. For when her designs, neither did nor could hurt the Queen of England, as never having their intended effect: what reason is it to punish a fancy and fear of treason with so great a punishment as death? The Answer. TO this, I make this answer, that the law of England, herein inflicteth none other punishment for treason, than the civil law and law of nations throughout the whole world, commandeth, useth, and practiseth. The civil law hath these words, Eadem severitate voluntatem sceleru quae effectum puniri iura volverunt: L. quisquis C. ad L. juliam. maiestatis. the laws will have him that conspireth treason, to be punished with the same severity as him that doth commit it. Again, not only in the case of high treason, but also in omnibus atrocioribus delictis punitur affectus, licet non sequatur effectus, in all criminal offences of the highest degree, the affect is punished, although no effect follow. And this law hath not only been so observed generally in all nations above twelve hundred years past: but there was many hundred years before Christ's time, in casu perduellionis, in the case of treason committed against the state, the like law called (lex 12 tabularum) established, 12. Tabularum ff. ad L. juliam. maiestatis. which inflicteth death for the will and intent of treason. And therefore the said two Emperors Arcadius & Honorius in their constitution made against treason, said not volumus, D. L. quisquis ad L. juliam. sed sic iura volverunt, the laws were so before their time. But to say that there aught, in offences of the highest degree no punishment to ensue, unless the act were consummate: were most against law, for two special causes. The one for that such hope of impunity would encourage malefactors to practise most dangerous and audacious attempts against kings and common weals. Secondly if they stay to punish till the fact be done, the loss will be irrecuperable: and the offence, as this case is in a competitor (though most heinous) dispunishable. For in this case in question, the death of her Majesty (whom God ever preserve) being taken away, all commissions and magistracies for judicial places should cease: so that this being contrived by a competitor to the kingdom, (as the Queen of Scots by open and express accord hath often declared herself) the same offence by the access or taking upon her the crown and dignity should by law be purged and the competitor cleared. For king Henry the sixth, after the overthrow given him by king Edward the fourth, was by act of Parliament disabled from his crown and dignity. And yet afterwards, the said king in his redemption held Parliament, and in the same the question did grow, whether there needed any reversal of the said former act made against the said king. It was resolved that no reversal was needful, but ipso facto that the said king Henry the vj. took upon him the royal dignity to be king, whether it were de iure or de facto that all the fame was void. The like came in question in the first year of king Henry the seven. at the first Parliament, by him holden: and received the same resolution. For the place doth so dignify the person, that all stain of former acts, is clean washed away: and so the Queen of Scots, if she might have brought her practices to execution meant, (as these pleaders or rather plodders, about delictum consummatum mean) to have escaped unpunished. Seeing than the law of England in case of treason, is no other than Lex per omnes gentes diffusa, the law spread abroad through out all Nations, by the which generally all the Nations of the world are governed, kings obeyed, offences punished: I think it appeareth to any indifferent Reader, unto how broken a staff they lean, that cite the law of Nations against us. And whereas they add farther that the law of Nature maketh for the Scottish Queen in this behalf: I take that objection farther out of square than the other. Of this law Tully writeth very gravely in his book of common wealth in this wise: Cicero. lib. 3. de republica. Est verò lex recta ratio, naturae congruens, diffusa in omnes, constans, sempiterna, quae vocet ad officium iubendo, vetando à fraud deterreat. There is a law which is reason itself, agreeable to Nature, imprinted in the hearts of all, always one and the same, and whereof there is no end, which putteth every man in mind to do his duty by commanding, and withholdeth every man from doing wrong by forbidding. Now is this Recta ratio to practise a Princess death, Rectaratio. & for a kingdom, to thirst after the blood of an innocent? If this be no reason, but a Counsel reasonless: then what is more agreeable to reason than this, that the Scottish Queen should have that done to her, which she meant to have done to our Sovereign. And what is more disagreeable to reason, than that the Prince should not punish the intent of a Traitor, until he had murdered the prince, and brought his wicked purpose to effect? Is there any thing more absurd and unconsonant to reason, than for a king still to spare the Conspirator till the Conspirator hath made away the king? Neither is this naturae congruens, Naturae congruens. agreeable to nature for a Prince to incite, to counsel, to promise a reward unto subjects to kill their own liege Lady and Sovereign. For Florentinus saith, Florentinus L. ut vini de instit. & iure ff. that cùm natura cognationem quandam inter homines constituerit, hominem homini insidiari nefas est: seeing nature hath conjoined men in a certain kindred, it is nefarious for one man to destroy another. And as this is unnatural and monstrous for a man to compass the death of his brother: so this is contrary and repugnant to nature, for a man by all possible means not to defend himself. For as Tully saith: Cicero pro Milone. Est haec non scripta sed nata lex: quam non didicimus, accepimus, degimus, verum ex natura ipsa arripuimus, hausimus, expressimus: ad quam non docti sed facti, non instituti sed imbuti sumus: ut si vita nostra in aliquas insidias, si in vim atque in tela aut latronum aut inimicorum incidisset, omnis honestae ratio esset expediendae salutis: There is a law (saith he) not written for us, but borne with us: which we have not learned, received, or read of other, but which we have taken, drawn, and wrested from nature herself: unto which we are not taught by other, but borne by nature, not instructed, but naturally inclined: that if our life shall fall into any danger, violence, or weapons of thieves or enemies, in that case every means to save and secure ourselves, is both honest and commendable. Silent enim leges inter arma, nec se expectari iubent, cùm ei qui expectare velit, iniusta poena luendae sit, quàm justa repetenda: For the laws are silent among princes weapons: neither do command, that they should be regarded, when he that hath regard unto them must abide some unjust punishment before, that any good means by them can be had to punish the offendor. And not only this (to defend himself) is according to nature, but this is also, to cut off evils in the first spring, least by sufferance they grow so strong, that hereafter, when men would, they cannot remedy them. Further is added by Tully: Diffusa in omnes. Diffusa in omnes, that it is generally received of all nations: Constans, that is constant, Constans. always one and the same, not variable either in respect of person, place, or time, but to all persons, and in all places, and times it is one, the same, and like itself. Sempiternal, Sempi terna. Quae vocet ad officiu m iubendo, veiando, à fraud deterreat which hath been from the beginning, and shall continue the same to all succeeding ages that shall come hereafter, whose property is inwardly to speak to a man's heart showing what he should follow, and what he should forsake. Now had the Scottish queen this warrant from nature? and did nature teach her to kill her Protector? Or if her nature did so instruct her, is this the conscience of all other? and are these the desires of good men's hearts? hath this been the practice of nature's law, which hath been from everlasting, and is always to continue? Nay since the law of Nature is imprinted in the heart of man, and there showeth what he should will, or what he should intend: whosoever doth not so will and so intent to do, as this law commandeth, he is not to be accounted an observer but a breaker of the law. And therefore for them to appeal to the law of Nature, for excuse of their evil purpose or doing, is either to make Nature repugnant to herself, or to give sentence against them for their evil intent. Wherefore as these properties of the Law of Nature nothing make for the Scottish Queen, but are wholly abhorrent from her endeavours: (for who dare say that such her complots are approvable by nature) so they are a great warrant to her Majesty, when there is no means left to save both, than by the others death to provide for the safety of her own person and her Realm. For this Nature teacheth, and the conscience within, better than a thousand witnesses doth warrant, this hath been the guise of all Nations, other Princes have done it before, and they that do come after will do the same. And as the will that willeth treason is therefore culpable, because it so willeth: so is it likewise punishable if it be known. But in this case of the Scottish Queen, there was not only treason in her will, and in her secret intent, (a thing much repugnant to the good instinct of Nature) but also her intent was communicated unto other, concluded on with other. And howbeit she failed of her main purpose, which was to have her Majesty killed, the land overrunned, and herself to be possessed of the crown: yet she had her forth in many her desseinmentes, as the rebellion in the North, the confederacy of foreign Princes to invade the land, the conjuration of natural English, most unnaturally to destroy their own Sovereign, and many other. Wherefore since the will and intent in heinous faults, by Civil law is to be punished by death, and nature likewise reproveth and punisheth every unjust thought, since the other did still will and ingeminate her treasons, and still would if she could bring it to effect, since in this her case, there is not only her will to desire treason, but her approvement to allow, and promise to reward the same, accompanied with many other seditious designs: who can say that so to will, deserveth not death, although the will lacketh both force and forth, and bringeth not all that is conspired to effect. That in two especial cases, the drawing of the sword of one Prince against an other, is not only lawful, but necessary. ALthough the persons of Princes are most sacred, and the majesty of an absolute king very reverend, as being the Lords anointed, advanced by him to their imperial crowns and dignities, in such sort as it behoveth every man reverently to speak of them, and in all dutiful sort to demean themselves towards them: yet since there be evil Princes aswell as good, such which have made themselves unworthy to rule, whom God hath thrust from their crown: it is not amiss for the contentment of other, (if so be there be any so evil, that is therewith discontented) to prove unto them, how lawful it is in these two cases, for one absolute Prince to draw his sword against an other. And that is, first, where the royal person of a Prince, is by another Princes means endangered of life: that then and in this case, he may redeem his own life and safety, by the death and destruction of that other. Secondly, where not the life of the Prince, but the disturbance of the public weal, the subversion of the state is intended and sought for, and likely without this last remedy to ensue: In this case to save his country, and people, whom God hath committed to his charge, a Prince may lawfully sentence the abfolutest Monarch in the world. For the first, I take it aswell by the learned in the law of God as by those of the law Civil allowed of, that Charitas incipit à se, charity or love beginneth at itself: unto which accordeth that which Florentinus writeth quod quisque ob tutelam corporis sui facit, hoc iure fecisse existimatur. L 3. de justitia & iure. That which every man doth for the safeguard of his person, he is deemed to have done it lawfully. The which Tully in these words farther showeth: Cicero pro Milone. hoc & ratio doctis, & necessitas barbaris, & mos gentibus, & feris natura ipsa praescripsit: ut omnem semper vim quacunque ope possent, à corpore, à capite, à vita sua propulsarent. This both reason hath taught the learned, and necessity the ignorant, and custom all Nations, and nature itself the wild and savage beasts: that they should by all means possible, preserve their lives from all violence. The which being granted, 1. case lawful for one king to draw his sword against an other, when his life is endangered. then where a Prince hath no means left him, by the evil and treacherous practices of that other, to save his own life, but this one: in this case he may reward the other according to the wickedness of his ways, give the others life a ransom for his own, and bring that due death on him, which unjustly he had thought to have inflicted on an other. For since nature and wisdom teacheth this, if so be there fall out so desperate a case of two evils, to choose the least: when one cannot as he would, to do then (as he may) that which maketh for the best: what should a Prince in this case do? should he suffer himself unjustly to be murdered as an innocent? or should he justly draw out his sword against the nocent? Let a man, let a Prince, make this case his case, and say, what would he? would he betray his own guiltless blood, and suffer the wicked to have his forth? would he still lie at the ward, and never strike, being so often assaulted? If so be there be one found so void of reason, so careless of himself, yet is not God delighted therewith: for he would have us to prevent the occasions of greater evil, and to punish the wicked for their sins. For be he the greatest Monarch of the world, yet God neither liketh nor approveth folly in him, neither would he have any man to be a furtherer of him in his sin. And do not Prince's sin in compassing the death of other innocent and harmless princes? Cicero in his book of duties. As God abhorreth this fact in them, so he disliketh all them that further it, all that will not hinder it. For as Tully saith, he that hindereth not evil when he may, is aswell in fault as he that did it. May then Princes punish treasonable facts, and will they suffer them unpunished, when they are again and again attempted, and likely to effect their intended purpose? if they do thus suffer, they do not hinder but further treason: & are in a sort guilty (if after they miscarry) of their own death. For if they had punished them for the first attempts, they had freed themselves from the danger of the second: but by winking at, and pardoning the first, they themselves are in cause of their after misfortune. Which if it should follow, that an over merciful Prince should be murdered by his Competitor whom he spared: whether had it been better in itself, or more allowable by the laws of God & man that a wicked Prince which had often practised, and at length hath compassed the death of another, should first himself have been put to death, than that an innocent & harmless Prince should by the villainous practice of that other, be traitorously slain? Surely justice & vengeance will soon make answer, and teach us what answer in this case we should make. For what is more absurd, than that the Prince should stay from taking away the Conspirator till the Conspirator hath taken away the Prince? Or who is there that should think that the law in this case doth not account even in a Prince, voluntatem pro facto, the very intention, for the act, where post factum, that is, after the deed done, and the prince slain, there is neither law nor magistrate remaining. Neither is this without many notable precedents: Cicero protege Deiotaro. for when Tully pleaded for Deiotarus king of Gallograecia, he was so far from urgeing or standing on the pre-eminence & prerogative of a king, that he confessed, if Castor the king's nephew could have justified his accusation, to wit, that the said king had gone about to make war on Caesar, or any ways to have conspired against his person: that than he was worthy to suffer death, Cicero Orat. prorege Deiotaro. Non est (inquit) iniquum in tuo duntaxat periculo, Caesar, ut rex reus capitis arguatur, Not unlawful for a king to be arraigned of life & death. if thy life, O Caesar be shot at, & endangered, than is it not an unlawful thing for a king to be arraigned of life and death. In like manner all the Doctors of the law in both the kingdoms of Naples and Sicily being asked their judgement by king Charles aforesaid, The opinion of the learned in Italy in this case. what by law he might do with king Conradine his prisoner: Collinutive. li 4. they gave this their sentence for law, that he might lawfully put him to death. Neither was this the judgement of the lawyers alone, Henricus Gildefingensis in historia Austriaca. A pope's judgement in this case. but it was by Pope Clement the 4. when he was in the same case consulted, answered, in vita Conradini mors Caroli, mors Caroli vita Conradini, that is, Collinutius. li. 4. The articles of treason laid to king conradine's charge, & comprehended in the sentence. Note the very same case of sentence against the Scottish queen, as was against Conradine. the life of Conradine is Charles death, and the death of Charles, is the life of Conradine. whereupon there ensued a solemn sentence against the said Conradine in these words, Quia Conradinus ecclesiae pacem perturbavit, Regium nomen falsò sibi adsumpsit & regi mortem intentavit: morte damnamus, because Conradine hath troubled the peace of the Church, and unjustly hath taken on him the name and title of the king and conspired his death: we condemn him to die. The like cause moved the virtuous and merciful Emperor Constantine the Great, Eusebius, Mexia, Socraies, & a lij. to put first Maximinianus the emperor, whose daughter he had married, and after that, Licinius the Emperor his brother in law to death; and so by the death of others to purchase the safety of himself: neither ought this to move a disdain of the punisher, Non me paena dolet, sed me ruisse doles. or pity towards the punished in other Prince's hearts. For if evil kings be not ashamed to practise and compass the death of kings and princes, their equals in dignity: what reason have good kings to pity such shameless princes, when they are justly punished for their demerits? That which thou approvest in thyself, dislike not in another since they have disgraced their princely order conspired against their equals, and made themselves unworthy to reign, and unworthy to live. Nay what prince would not commend & wish that his were such a people, that in so extreme & desperate a case, would for the safety of their Sovereign, labour what they could, in an orderly proceeding the death of another? For since they have but one head unto whom they are sworn; since they have but one anointed whom God hath set over them: whosoever he be that seeketh by treachery to bereave their Sovereign of his life, or by open force to trouble their estate; though he be a prince and anointed of the Lord, yet unto them he is no prince, nor given of God to rule over them; but a stranger, and (as he by his own designs hath made himself) an enemy. Wherefore since no good prince will accept him as his fellow & equal, that is the secret contriver of another prince's death; since necessity enforceth, and the miserable estate of princes otherwise requireth, that, which nature teacheth, reason urgeth; God alloweth; the precedents of princes, the advise of pope's; the censure of lawyers, the authority of the law (which is the most equal judge) farther confirmeth and approveth: Let no man think strange that one prince may redeem his safety by the death of an other, Pereat Adonia, & vivat Solomon. The second case. AND touching the second point, Lawful for the king to draw his sword against an other king for the preservation of the public peace. as it is lawful in a prince for the safety of his life, which the other daily seeketh to destroy, to draw his sword against another; so much rather, when together with his own person the good estate of his whole people & common wealth is endangered: For this the prince is sworn to preserve unto them in duty & conscience he is bound, these he ought to prefer before his own life, or whatsoever is dearest to him in the world. There is no such bonds of friendship betwixt him and any other, no such favour and love to be showed, but in regard of his country, in regard of his people to him, they ought to be of far less account and value: Tully. Nulla potest esse lex sanctior quam rei publicaesalus, nec vinculum arctius quam quod est patriae. For as this standeth with the prince his honour to save a prince that is worthy to be saved: so how doth this stand with his honour, not to respect the future safety of his people? to save a prince that is unworthy to be saved, nay that is likely to be the very ruin and calamity of his country. So that if the case so standeth, that he must needs allow the execution of some or by sufferance be the cause of the overthrow of his country: he were impious to his country, cruel to his people, That is merciless cruelty, that saveth one to the plague of many. that would choose the safety of one, with the ruin and destruction of many, rather than the safety of many thousands of his people with the death of one, which deserveth to die. And this appeareth more plain in an Epistle of S. Austin to Boniface, and is canonised in the decrees, Augustinus in Epist. ad Bonisacium cap. 23. q. c. noli. Sicut bellanti & resistenti violentia redditur, ita victorijs cap to misericordia iam debetur: maximè in quo pacis perturbatio non timetur. By which decree appeareth, that whereas any stir or trouble of the peace public is feared, there severe justice, and not remiss mercy is to be extended. So in this sense the said law hath been in the like case of princes, Hugolinus. joh. de lignano in tractaiu de bello. namely in the case of king Conradine by Hugolinus, and other the best learned of their time, ruled and adjudged, as joh. de lignano reporteth, and not without great reason: for else to save one particular person for pity sake, The reason and Soul of the law. and to show no spark of pity to the whole realm, were no mercy at all, but a pitiless cruelty. For as S. Austin saith: Sicut est misericordia puniens, ita est crudelitas parcens as there is mercy in punishing, Augustinus ad Marcellum. so there is cruelty in sparing: which by many precedents of sundry princes may be shown. For Solomon (unto whom for wisdom no Prince was ever comparable) when he considered what was intended by his brother Adonia, (who yet thirsted and longed for his crown) making a conscience to endanger the life of his subjects, the which assuredly had followed, if either Adonia, 1. Regum. 2. or any for him, had taken arms: without any farther process, he commanded him to be taken and slain. So did the virtuous and most merciful Empenrour Constantine, Eusebius, Mexia, & alii. upon the like fear of a new insurrection and destruction of his people, take away the life of the Emperor Li●●nius. So did king Henry the 5. after his glorious victory over the French at Egincourt, Grafton in his Chronicles on the reign of H. 5. show great clemency unto the persons that were taken: but when his tents were spoiled, and he justly feared a new assault: then contrary to his accustomed pity, he commanded every man upon pain of his life, to kill his prisoner: for then to have spared them, beginning a second fight might have turned to the destruction of him & his whole army. And therefore lest a prince might seem to honour one above the safety of his people, and to lose the hearts of his loyal subjects, by not having care of them, and their posterity; lest the massacring of them be reputed his fault, and God require their blood at his hand; least by his connivency he should embolden the hearts of the wicked, and cause his subjects to take part with the enemy: he may well conclude as in the like case did Cicero, Natura me clementem, sed patria severum fecit, Tully contra Catelinam. Nature made me pitiful, but the love of my country hath made me cruel. Pereat Absalon & vivat Israel. The Conclusion. WHerefore let all the world witness, and the consciences of good men, which without all partial affection in the singleness of their hearts, follow & favour a truth, what the Prince and people of England for the glory of God, and furtherance of his truth, for the safeguard of her Majesty and preservation of their estate, either could or should have done rather than this; by the death of one troublesome, and treason-working person, to have redeemed the quiet and safety of themselves. For since she hath taken on her the arms and title of the crown of England, and refused to repeal her doings being thereunto solicited: since she hath been the ruin of many worshipful houses, and cause of the destruction of some of the Nobility. Since she incited the rebels of the North to levy open war against her Majesty; and relieved them being fled, by her friends in Scotland; & afterward by the Pope, who through her procurement sent to their relief in Flaunders, 12000. crowns: Nay since, not content with all this, she hath laboured by her letters and ministers, sundry foreign princes to invade this realm: & the pope & Spanish king, with sundry combined & confedered, have a long time intended, in part have practised, and are now in some readiness to perform the same. Since her feed servant Morgan practised with Parrie to murder our Sovereign, & she after she knew it, yet favoured & maintained him still. Since by her privity consent and direction, Babington with his company would have killed her Majesty, & she promised to reward their doings in them, or if they miscarried in their posterity. Let kings & princes & all nations of the earth witness, whether ever so many, so monstrous, so horrible treasons were committed by a prince, a woman, and that against the Lords anointed, in her own realm and if they were, yet that ever they escaped unpunished. And here although so many impieties do call for vengeance and command by God's law every Magistrate to justice so high a trespasser: yet, see, upon pity rather than policy; hoping for amendment, rather than looking for a new conspiracy; not hearkening to the manifold requests of her humble, loyal, and most loving subjects, her majesty continued her a troublesome jonas in the ship of England still: yet notwithstanding after, since the graceless minds of malcontented subjects, could not so be satisfied, nor her majesties great clemency could work in them a conscience of their duty, but like nettles the gentler they were handled, the more they stinged. Since after her condemnation published, the Scottish Queen's favourits, yet again and again, practised the death of her Majesty: Since the Pope for her sake hath cursed our sovereign and his seeds men teach, that the Queen is no Queen, if the Pope depose her: Since they have encouraged her evil minded subjects, to move rebellion, & like viper's brood to gnaw out the womb of our common mother: Since her favourites concluded at home, that which was consulted abroad, & is of late confessed by them, to invade our Realms, overrun the land, spoil the Cities, massacre the subjects, destroy her Majesty, and together with religion to make a change of the government that is now amongst us, nay to subject us all, our goods, lands, liberties, children, posterity, to the slavery and tyranny of the Spanish and foreign power. Since the whole Realm assembled in Parliament made their many and humble petitions unto her Majesty, as specially interressed in the matter being the body of the same common wealth, whereof her Majesty is the head, by taking away one to deliver them all from their present fears & future dangers. Sithence her Majesty was moved by remembrance of her oath, than solemnly taken when she was invested in her crown to distribute justice equally to all, and to defend her Realm, & people, crown, and dignity, from the pestilent underminers & subverters of the same; sithence the matter grew so dangerous, & came to that extremity, that either her Majesty must justice & sentence the Scottish Queen, or must hazard the loss of her life, the disturbance of the common peace, the conquest of her country, the loss of the love & hearts of her subjects, without which no Prince can well govern, or kingdom stand. Sithence the like sentence and execution of life and death, as the Scottish Queen hath received is testified, confirmed and warranted by the testimonies, reasons, & examples of so many Emperors, Kings, and Popes. Since no law will save so high a trespasser, but the law of Nations, of Nature, and of every kingdom and country would inflict death on so great offenders. Sithence the like sentence and execution have been practised and put in ure by godly and Christian Princes, and that upon consultation disputation and resolution of the cause by learned men of the law. Sithence the statute law of every kingdom, where the intent of the law makers is such, doth bind aswell the king himself as every other king coming within & offending in that jurisdiction. Since the Queen of Scots by her delict & manifold offences, made herself so fubiect to the laws of this country, as if she had actually consented to them. What man of reason, in whom there is any natural love to his country or appearance of an honest man would not counsel by justice to remove the Scottish queen; the very plague & calamity of our country, the very groundwork & chief impulsive cause of all these treasons & conspiracies; the hope of discontented subjects; & the very cause, for whom the Pope thundereth & keepeth this stir, for whom so many monsters have adventured themselves to destroy her Majesty, & for whose sake other pretend to have just cause offered to invade this land. To conclude, since that mercy is without mercy, that spareth one to the spoil of so many; since to do justice on the offender cannot be but honourable, & God is well pleased in the punishment of the wicked; since there was no hope of reconcilement with one, which deadly hated, and was still aspiring to the present possession of the kingdom; since there was no remedy left, but to justice her, or to live in continual fear of being daily murdered, many attempting since her sentence published to destroy her Majesty: Since many good princes have redeemed their safeties with the death of other, and there is no just place or cause left to her of complaint, that is so dealt with, as she would have dealt with other. Let other princes and people of the earth make the queen of England's case, their case & the state of England, the state of their country: than I doubt not but as England hath done, so would they have done: and as England is right sorry, that such treasons were committed, so would they sorrow, if they escaped unpunished. FINIS. Errata. In the first chapter. IN the 3. page in margin, examinution, for examination. In the 5. pag. maintenatce, for maintenance. 6. pag. in mark letters employment, for, letters of employment. Ibid. Petrus exea, for Pe●●us Mexia. 8. pag. laly, for Italy. In the 2. Analogy, First pag. by any writer, for by any good writer. Ibid. in margin, marentij, for maxentij. 2. pag. in mark college for colleague. 6. pag. in fine, to England, for of England. In the 3. chapter. sixth pag. that than postested in the kingdom, for, that than were possessed in the kingdom. Ibid. pag. Conradine king, for Conrade king. prisoned, for, poisoned. he bequeathed, for, who bequeathed. jone Neapolitan Queen, for, jone the Neapolitan Queen. In the 4. chapter. In marg. 2. pag. of putting a king to death, pro, for putting a king to death. In the 5. chapter, second pag. presciencie, for prescience. Ibidem made in the same effect, for, to the same effect. 3. pag. than being kept close prisoner, for, than this to be kept a close prisoner. 4. pag. an offence given in the highest degree, for, an offence committed in the highest degree. 3. pag. therein, adding. without comma therein. in the time of Embassy, for in the time of their Embassy. In the 6. chapter. And is a law, for, it is a law. Fardinand Vaskins, for, Vaskius. to the 3. objection, her privy consent, for, her privity, consent, and promise. to the 4. objection, express accord, for, express action. In the 7. chapter. in vita Conradini, for, vita Conradini. Anthony Babingtons' letter to the Queen of Scots. MOST mighty, most excellent, my dread Sovereign Lady and Queen, unto whom Only obedience to the Queen of Scots: ●rgo not to the Queen of England. only I do owe all fidelity and obedience. It may please your gracious Majesty to admit excuse for my long silence and discontinuance from your dutiful office, incepted upon the remove of your Royal person from the ancient place of your abode, to the custody of a wicked puritan, a mortal enemy both by faith and faction to your Majesty and state Catholic, I held the hope of your countries The weal of the realm to depend upon the Queen of Scots. weal (depending next under God upon the life and health of your Majesty,) to be desperate, and thereupon resolved to departed the land, determining to spend the remnant of my life in such solitary sort as the wretched & miserable estate of my country did require, only He expected the confusion of the realm. expecting according to the just judgement of God the deserved confusion thereof (which the Lord of his mercy sake prevent:) the which my purpose being in execution and standing upon my departure, there was addressed unto me from the parts beyond the seas, one Ballard the traitor commended for a man of virtue, and zealous to their religion & the Squeens service. Ballard a man of virtue and learning, and of a singular zeal to the Catholic cause, and your majesties service, the man informed me of great preparation by the Christian princes your majesties Allies for the deliverance of our country, Preparation by Christian princes her mayest. allies of fortaine invasion for alteration of religion. from the extreme and miserable estate, wherein it hath so long remained. which when I understood, my special desire was, to advise by what means I might with the hazard of my life and my friends general, to do your sacred Majesty One good days service. one good days service. Whereupon most dread Sovereign, according to the great care, which those princes have of the preservation and safe deliverance of your Mayest. sacred person, I advised of means & considered of circumstances according to the weight of the affairs. And after long considerations and conference had with so many of your wisest and most trusty, The consultation. as with safety I might commend the secrecy thereof unto: I do find (by the assistance of our Lord jesus) assurance of good effect & desired fruit of our travel. These things are first to be advised in this great & honourable action upon the issue of which depends not only the life of your most excellent Ma. (which GOD long preserve to our most inestimable comfort & the salvation of English souls, Upon these traitorous actions depended 1. the life of the Sc. Qu. 2. thewealth of the country 3. restoration of faith. 4. redemption from heresy. & the life of us all actors herein) but also the wealth of our country far then our lives more dear unto us, and the last hope ever to recover the faith of our forefathers and to redeem ourselves from the servitude & bondage which heresy hath imposed us, with the loss of a 1000 souls. First assuring of invasion with sufficient strength in the invaders parts to arrive well appointed with a strong part at every place to join with them & warrant the landing, the deliverance of your Ma. the dispatch of the usurped He calleth our Queen an usurped competitor. competitor, for the These desperate practiscs undertaken by B. effectuating of all which it may please your Excellency to rely upon my service, I vow and I protest before the face of almighty god (who hath miraculously long preserved your sacred person no doubt tosome universal good end) that what I have said shall be To be performed or to die. performed, or all our bodies happily lost in the execution thereof, Which The traitor's vow and oath taken. vow all the chief actors herein have taken solemnly, and are upon assurance by your majesties letters unto me to receive the blessed sacrament thereupon, either to prevail in the Church's behalf and your Mayest. or fortunately to die for the honourable cause. Now forasmuch as the delay is extreme dangerous, it may please your Excellent Ma. by your wisdom to direct us, and by your princely authority to enable such as may advance the affairs foreseeing that there is not any of the nobility at liberty, assured to your Majesty in this desperate service (except unknown to us.) And seeing it very necessary that some there be to become heads to lead the multitude, ever disposed by nature in this land to follow some noble man to be head. nobility, considering withal it doth not only make the commons and the country to follow, without contradiction or contention, which is ever found in equality, but also doth add great courage to the Addeth courage to the leaders. leaders. For which necessary regards I would recommend some to your majesty, as fittest in my knowledge to be your Lieutenants in the West parts, in the north parts, South-Wales and North-wales, the Counties of Lancaster Derbie and Stafford. All which countries by parties already made, & fidelity taken in your majesties name, I hold us most assured and of undoubted fidelity. Myself with 10. The delivery of the Queen of Scots. gentlemen and an hundred followers will undertake the delivery of your royal person from the hands of your enemies, from the dispatch of the usurped (from the obedience of whom, by the execution of her we are made free Our Queen's death the catholics freedom. ) There be 6. noble The tragical execution by 6 gentlemen. Gentlemen all my private friends who for the zeal they bear to the Catholic cause, and your majesties service, will undertake that tragical execution. It resteth according to their infinite good deserts & your majesties bounty their honourable attempt may be honourably Ambition & aspiring hope. rewarded in them (if they escape with life) or in their posterity, and that so much I may be able by your majesties authority to assure them. Now it remaineth only, that by your majesties wisdom it be reduced into The S. queen to prescribe the method of thesetraiterous actions. method, that your happy deliverance be first, for that thereupon dependeth the only good, and that all other circumstances so concur that the untimely fall of one end do not overthrow the rest. All which your majesties wonderful experience and wisdom will dispose of in so good manner, as I doubt not through God's assistance all shall come to desired effect. For the obtaining of which every one of us shall think his life most happily spent. Upon the 12. day of this month I will be at Leichfield expecting your majesties answer & letters, in readiness to execute what by them shallbe commanded. Your majesties most faithful subject, and sworn servant Anthony Babinton The Queen of Scots letter to Anthony Babington. xii. july. 1586. TRusty and well-beloved. According to the zeal and entire affection which I have known in you towards the Two things in tended. 1 rehgion 2 her cause. common cause of religion and Her cause 1 for her delivery 2 bringing in of foreign forces 3 the murdering of the Qu. ma. 4 Rebellion within the Realm. mine: having always made account of you, as a principal and right worthy member to be employed both in the one and the other: It hath been no less consolation unto me, to understand your estate, as I have done by your last, and to have found means to renew mine intelligence with you; than I felt grief all this while paste, to be without the fame. I pray you therefore from hence forth to write unto me so often as you can of all occurrences which you may judge in any wise important to the good of my affairs. Whereunto I shall not fail to correspond with all the care & diligence that shallbe in my possibility. For divers great and important considerations which were here too long to be deduced, I cannot but greatly praise and commend your common desire to prevent in time the desseignment of our enemies for the extirpation of our religion out of this realm, with the ruin of us all. For I have long Pretences long sithence with other princes for alteration of religion here. ago shown unto the foreign Catholic princes, and experience doth approve it, the longer that they and we by delay of execution of the complotts the number of Papists diminished. delay to put helping hand on the matter on this side, the greater leisure have our said enemies to prevail and win advantage over the said princes, as they have done against the king of Spain. And in the mean time the Catholics here remaining exposed to all kind of persecution and cruelty, do daily diminish in number, forces, means, & power. So as if remedy be not thereunto hastily provided, I fear not a little, but that they shall become altogether unable for ener to arise again, and to receive any aid at all, whensoever it were offered them. For mine own part I pray you to assure our principal friends, that albeit I had not in this cause any particular interest (that which I may pretend unto being of no consideration unto me in respect of the public good of this state) I shallbe always ready and most willing to employ therein my life and all that I have, or may ever look for in this world. Now for to ground substantially this enetrprise, and to bring it to good success, you must first examine deeply what Forces of rebels and captains to be prepared in every shire in englad forces aswell on foot as on horse, you may raise amongst you all, and what captains you shall appoint for them in every shire, in case a chief general cannot be had. Of what towns, Ports and havens to be assured for landing. Ports, and havens you may assure yourselves of, aswell in the North, West, as south, to receive Secure from France, Spain and the low untr●yes. succour. from the Low Countries, Spain, and France What ●co be place fittest to assemble their forces place you esteem fittest and of greatest, advantage to assemble the principal company of your forces at, and the same being assembled which way you have to march. What What foreign forces would be required foreign forces aswell on horse as foot, you require, which would be compassed conform to the proportion of yours) for how long pay & what What provision for munition, money etc. munition and ports the fittest for their landing in this realm, from the three foresaid foreign Countries. What provision of money and armour (in case you want) you would ask. By what means do the six The 6. gentlemen's proceeding. Gentlemen deliberate to proceed. Her own deliverance. And the manner also of my getting forth of this hold upon which points having taken amongst you (who are the principal authors, and also as few in number as you can) the best resolution, my advife is that you impart the same with all diligence, to Bernardino de Mendoza, To impart all to Bernardine de Mendoza Ambassador Leaguer for the king of Spain in France, who beside the experience he hath of the state of this side, I may Her assurance of the spanish ambassador. assure you will employ himself most willingly. I shall not fail to write unto him of the matter with all the earnest recommendations that I can, as I shall also to any else that shallbe needful. But you must make choice for managing of this affair with the said Mendoza and others out of the realm, of some faithful and very secret parsonage, unto whom only you must commit yourselves, to the end things be kept more secret, which for your own security I commend unto you above the rest. If your Messenger bring you back again sure promise and sufficient assurance of the succour which you demand, than thereafter (but no sooner for that it were in vain) take diligent order that all these of your party on this side, make so secretly as they can, provision of armour, fit horse and ready money, wherewith to hold themselves in Readiness for to march readiness to march so soon, as it shall be signified unto them by their chief and principals in every shire. And for better The colour in providing armour and horse to be the papists defence against the putitans. colouring of the matter (referring to the principals the knowledge of the ground of the enterprise) it shallbe enough for the beginning to give out to the rest, that the said provisions are made only for fortifiing yourselves in case of need against the puritans of this realm. The principal whereof having the chief forces of the same in the low countries, have (as you may let the bruit go) desseigned to A slanderous rumour of a massacre. ruin and overthrow at their return home, the whole Catholics, and to usurp the crown not only against me and all the lawful pretenders thereunto: but against their own Queen, that now is, if she will not altogether commit herself to their only government. The same pretext may serve to found and establish amongst you all an A wicked association association and consideration general, as done only for your own just preservations and defence aswell in the religion, as lives, lands and goods against the attempts of the said puritans, without touching directly by writing any thing against the Queen. But rather An old pretence of rebels to pretend one thing and intend another. showing yourselves willing to maintain her and her lawful heirs after her not naming me. The affairs being thus prepared, and forces in readiness both without and within the realm, then shall it be time to set the The 6. gentlemen toexecute the desseignment. six gentlemen to work, taking order upon the accomplishing of their design, I may be suddenly transported out of this place, and that all your forces in the same time be on the field to meet me in tarrying for the arrival of foreign aid, which then must be hastened with all diligence. Now for that there can be no certain day appointed of the accomplishing of the said gentlemen's desseignement, to the end that others may be in readiness to take me from hence I would that the said gentlemen had always about them, or at the least at court, Some to be furnished with speedy horse to advertise the design a four stout men furnished with good and speedy horses, for so soon as the said design shall be executed, to come with all diligence to advertise thereof those that shallbe appointed for my transporting to the end that immediately thereafter, they may be at the place of my abode before that my keeper can have advise of the execution of the said design, or at least before he can fortify himself within the house, or carry me out of the same. It were necessary to dispatch two or three of the said advertisers by diverse ways, to the end that if one be stayed, the other may come through: and at the same instant were it also needful to assay to cut of the posts ordinary ways. This is the plot which I find best for this enterprise, and the order whereby you should conduct the same for our common securities. For stirring on this side before you be well To be sure of foreign forces before the rebellion begin here. assured of sufficient foreign forces, it were but for nothing to put yourselves in danger of following the miserable fortune of such as have heretofore traveled in like occasions. And to take me out of this place unbeeing before Upon her delivery to set her in the midst of an army of rebels. well assured to set me in the midst of a good army, or in some very good strength, where I may safely stay on the assembly of your forces, and arrival of the said foreign succours, it were sufficient cause given to that Queen in 〈◊〉 catching me again, to enclose me for ever in some hole, forth of the which I should never escape, if she did use me no worse, and to pursue with all extremity those that had assisted me, which would grieve me more than all the unhap which might befall on myself. And therefore must I needs yet once again admonish you so earnestly as I can, to look and take heed most carefully and vigilantly to compass and assure so well all that shall be necessary for the effectuating of the said enterprise, She referreth the managing of this complot to the domestical traitors. as with the grace of God you may bring the same to happy end, remitting to the judgement of our principal friends on this side with whom you have to deal therein to ordain or conclude upon this present (which shall serve you only for an overture and proposition) as you shall among you find best. And to yourself in particular I refer to The reward promised to the 6. gentlemen. assure the gentlemen above mentioned of all that shall be requisite on my part for the entire execution of their goodwill, I leave also to your common The rest of the enterprise referred to consideration, if the design were not done. resolutions (in case the desseignment do not take hold as may happen) whether you will or not pursue my transport and the execution of the rest of the enterprise. But if the mishap should fall out, that you should not come by me being set in the Tower of London, or in any other strength with great guard, But if she were kept in the tower that then for God's sake the rest of the conspiracy must proceed. yet notwithstanding leave not for God's sake to proceed in the rest of the enterprise, for I shall at any time die most contented understanding of your delivery forth of the Our freedom under our most gracious Qu. she calleth a servitude and slavery. servitude, wherein you are holden as slaves. I shall assay at the same time that the work shallbe in hand in these parts, to make the Catholics of She would raise a rebellion in Scotland and take the king her son prisoner. scotland to arise, and to put my son in their hands to the effect that from thence our enemies here may not prevail of any succour. I would also that some A rebellion or invasion in lielande. stirring in Ireland were laboured for, and to begin some while before that any thing were done here, to the end that the alarm might be given thereby on the But the blow and invasion to come by the king of Spain's forces, out of Flaunders. flat contrary side that the stroke should come from. Your reasons to have some general She liked to have an head and chief stay in rebellion. head or chief me thinks are very pertinent, and therefore were it good to sound some obscurely for that purpose. From over sea the 11The Earl of Westmoreland a man of that faction. Earl of Westmerlande may be had, whose house and name may do much, you know, in the North parts, as also the The L. Paget to return and be head of the conspiracy. Lord Paget of good ability in some shires here abouts. Both the one and the other may be brought home secretly: amongst whom some more of the principal banished may return, if the enterprise be once resolute. The said Lord Paget is now in Spain and may entreat all there, which by his brother Charles Paget. Charles you will commit unto him, touching this affair. Beware that none of your messengers, whom you send forth of the Realm, A caveat for transporting of letters. carry over any letters upon themselves, but make their dispatch be conveyed either after or before them by some other: take good heed of spies and A caveat of false brethren and especially priests. false brethren that are amongst you, specially by some Priests that are already by our enemies wrought for your discovery. And in any wise never keep any A caveat to keep no paper that may do harm. paper about you that may in any sort do harm, For from like The inconvenience that hath happened by papers. errors have come the only condemnation of all such as have suffered heretofore, against whom could there otherwise have been nothing proved. Discover as little as you can your names and intentions to the french Ambassador now leiger in London, for although he be as I understand a very honest gentleman and of a good conscience and religion, yet fear I that his Master entertaineth with that Queen, a course far contrary to our desseignements, which may move him to cross us, if it should happen he should have any particular knowledge thereof, All this while passed I have sued to change & remove from this house and for answer only the castle of Dudleye hath been named to serve the turn, so as by appearance within the end of this summer, I may go thither, Wherefore advise so soon as I shall be there, To make pronision for her escape when she shall come to Dudley castle. what provision might be had about that part 19 for my escape from thence. If I stay here, there is for that purpose one of these 20 three means following to be looked for, The first that at one certain day appointed in my walking abroad on horseback on the moors betwixt this and Stafford where ordinarily you know very few people do pass, She deviseth 3 means to escape. The 1. mean to escape. a fifty or threescore men well horsed and armed may come to take me there, as they may easily, my keeper having with him ordinarily but eighteen or twenty horsemen only with daggs. The second mean to come at midnight or soon after to set fire in the barns and stables which you know are near to the house, The second. and whilst my Guardian his servants shall run forth to the fire, your company having every one a mark, whereby they may know one an other under night, might surprise the house, where I hope with the few servants I have about me, to give you correspondency. And the third, some that bring carts hither, ordinarily coming early in the morning, The 3 mean. the carts might be so prepared, and with such cart-leaders, that being just in the midst of the great gate, the carts might fall down or over whelm, and that thereupon you might come suddenly with your followers to make yourself Master of the house, and carry me away, so you might do easily before that any number of soldiers (who lodge in sundry places forth of this place, some half a mile, some a whole mile of) might come to their relief. Her large promise of reward to the traitors. Whatsoever issue the matter take, I do and will think myself obliged as long as I live towards you for the offers you make to hazard yourself as you do for my delivery: And by any means that ever I may have I shall do my endeavour to recognise by effect your deserts herein I have commanded a more ample alphabet to be made for you, which herewith you shall receive. The contents of a letter written by the Scottish Queen to Bernardin de Mendoza 20. of May, 1586. after the Pope's Calendar. I Find myself greatly troubled what course to take To take a new course for an other course before. a new for the affairs on this side the sea: Charles Paget hath a charge from me to impart unto you certain an overture to be imparted to the spanish Ambassador for his master by C. Paget. overtures in my behalf: whereupon I pray you deliver him freely, what you think may be obtained thereof from the king your master. There is an other point depending thereof, which I have reserved to write to your own self for to be by you sent unto the king your master on my behalf, no man else, if it be possible, being privy thereunto, that is, that considering my sons great obstinacy in heresy, and foreseeing hereupon the imminent danger and harm like to ensue to the catholic church, he coming to the succession of this Realm: I have resolved with myself, in case my said son do not reduce himself before my death to the catholic religion (as I must tell you plainly, I have small hope so long as he shall remain in scotland) to A promise to give by her last will to the spanish king the succession of the crown of England. give and grant my right to the said king your master in the succession of this crown by my last will and testament, praying him in Note the consideration. consideration hereof from this time forward to take me wholly into his protection, likewise the state and affairs of this country, the which for discharge of my conscience, I can not think I can put into the hands of a Prince more zealous of our religion and able in all respects to re-establish the same on this side, as it imports all the rest of Christendom. Let this be kept secrecy required for 3. causes 1. loss of dower. 2. breach with her son. 3. her total ruin. secret for as much as if it come to be revealed, it should be in France the loss of my dower, in scotland a clear breach with my son, and in this country my total ruin and destruction. Thank on my behalf the said king your master for the favour and liberality extended to the The kings liberality to the L. Paget and his brother. L. Paget and his brother, which I pray him most earnestly to continue, and to gratify for my sake with some pension What poor Morgan hath endured for her and the common cause poor Morgan, who hath so much endured not only for me, but for the common cause. I recommend likewise unto you, Fulsambe to have some supply. Fulsambe (whom you know) to help him to some supply, above the entertainment, that I have allotted him, according to the small means I have. Points out of Babingtons' letter subscribed by Curl. 13. Sep. 1586. Upon the sight and perusal of the copy of the letter written by Babington to the Queen's Majesty my mistress, I do remember well that the clauses hereafter written were contained in the same letter dispatched at her majesties commandment by me Gilbert Curl 23. of September. 1586. THere was addressed unto me from the parts beyond the seas one Ballard a man of virtue and learning, and of singular zeal to the Catholic cause and your majesties service. This man informed me of great preparation by the Christian princes your majesties allies for the deliverance of our country from the extreme & miserable estate, wherein it hath so long remained: my especial desire was to advise by what means with the hazard of my life & my friends in general, I might do your sacred Majesty one good days service etc. Afterwards did follow. THese things are first to be advised in this great and honourable action etc. First, assuring of invasion: Sufficient strength in the invader, ports to arrive at, appointed with a strong party to join with them, and warrant their landing. The deliverance of her Majesty. The dispatch of the usurped competitor. For the effectuating of all which I vow and protest etc. that what I have said shallbe performed, or all our lives happily lost in the execution thereof, which vow all the chief actors have taken solemnly, etc. After some other sentences this doth follow. Myself with ten Gentlemen & an hundredth our followers, will undertake the deliverance of your Royal person from the hands of your enemies, for the dispatch of the usurper, from the obedience of whom (by the excommunication of her) we are made free: there be six noble gentlemen all my private friends, who for the zeal they bear to the Catholic cause, and your majesties service, will undertake the tragical execution: It resteth that according to their infinite good deserts and your Maiestics bounty, their heroical attempt may be honourably rewarded in them, if they escape with life, or in their posterity, and that so much I may be able by your majesties authority to assure them. etc. By me Gylbert Curl, 23. September. 1586. Nawes affirmation of the manner of the Scottish Queens writing translated, out of her ciphered letters, 6. September. 1586. TOuching the letter written by the Queen of Scots my Mistress to Babington, I wrote the same by her express direction and commandment, as I have deposed it. Touching the other letters (as always her Majesty hath accustomed herself sitting at table, and Curl and I before her) her Majesty commanded me particularly, and from point to point all that which it pleased her to have written, and under her I did draw the points thereof as particularly, and amply as may be. After I showed and read them unto her according to the which (there resting no more but the disposition of the matter) I wrote the said letters: and showed them unto her, & delivered the same, after which that was done therewith which it pleaseth her Majesty to appoint, for her Majesty will not suffer that any do write her letters of secrecy, or importance out of her own Cabinet. And there is not any dispatch sealed, but that she is present at it: And she doth always peruse all the letters before they be put in Cipher and translated, which is done by Curl, namely of the letter written to Babington. Points out of the Scottish Queen's letters subscribed by Curl 23. Septemb. 1586. Certain principal points contained in the letter written from the Queen of Scots in answer to a letter of Babingtons', which were expressed by the said Queen in these kind of sentences hereafter following, as upon the sight and perusal of the copy of the letter which was first written by Nawe in French by the Queen's commandment I do acknowledge to have been so written. Now for to ground substantially this enterprise, and to bring it to good success, you must first examine deeply what forces as well on foot as on horse, you may raise amongst you all, and what Captains you shall appoint for them in every shire, in case a chief general cannot be had. Of which towns, ports, and havens you may assure yourself, as well in the North, West, as South, to receive succours from the Low countries, Spain, and France. What places you esteem fittest and of greatest advantage, to assemble the principal company of your forces and the same being assembled, which way you have to march, what foreign forces you require, for how long pay, etc. what provision of money, in case you want would you ask, by what means do the vj. gentlemen deliberate to proceed, and the manner also of my getting forth of this hold. In an other part of the same letter this also did follow. IF your messenger bring you back again sure promise and sufficient assurance of the succour you demand, than thereafter, (but no sooner, for that it were in vain) take diligent order that all those on your party on this side make so secretly as they can, provision of armour, fit horse, and ready money, wherewith to hold themselves in readiness to march, so soon as it shall be signified unto them by their chief & principales in every shire. And for better colouring of the matter reserving to the principal the knowledge of the ground of the enterprise, it shallbe enough for the beginning to give out to the rest, that the said provisions are made only for fortifying yourselves in case of need against the puritans of this Realm. In an other part of this same letter this also followeth. THe affairs being thus prepared and forces in readiness both without and within the Realm, than shall it be time to set the six gentlemen to work, taking order upon the accomplishment of their desseignement, I may be suddenly transported out of this place, and that all your forces in the same time be in the field to meet me tarrying for the arrival of foreign aid, which then must be hastened with all diligence. Now for that there can be no certain day appointed for the accomplishing of the said gentlemen's desseignement, to the end they may be in readiness to take me from hence: I would that the said gentlemen had always about them or at the least at the Court a four stout men, furnished with good and speedy horses, for, so soon as the said design shall be executed, to come with all diligence to advertise thereof, those that shall be appointed for my transporting, to the end that immediately thereafter they may be at the place of my abode before that my keeper can have advise of the execution of the said desseignement, or at the least before he can fortify himself within the house or carry me out of the same. It followeth also in the same letter. This is the plot which I find best for this enterprise, and order whereby you should conduct the same for our common security, etc. There followeth also in the same letter. I shall affaie, at the same time that the work shall be in hand in these parts, to make the Catholics of Scotland to arise, and to put my son into their hands, to the effect that from thence our enemies here may not prevail of any succour. I would also that some stirring in Ireland were laboured for, and to begin some while before that any thing were done here, to to the end, the alarm might be given thereby on the flat contrary side that the blow should come from. Towards the end of the Letter this doth follow. IF I stay here, there is for that purpose but one of these three means following. The first that on a certain day appointed in my walking abroad on horseback on the mores betwixt this and Stafford, etc. a fifty or threescore men well horsed & armed may come to take me there etc. The second mean is to come at midnight or foone after to set fire on the barns and stables which you know are near to the house, and whilst my guardiant servants shall come forth to the fire, your company might surprise the house etc. And the third, some that bring carts hither ordinarily, their carts might be so prepared, and with such cart-leaders that being just in the midst of the great gate, the carts might fall down or overwhelm, and thereupon you might come suddenly with your followers, and make yourselves masters of the house and carry me away. These are the points that were in the letter written in the Queen's Majesty my Mistress name to Babington, which as already I have said and written, was first written in French by Master Nawe, and translated into English and ciphered by me Gilbert Curl by the Queen's commandment. Septemb. 23. 1586. Nawe in effect is contest with Curl, with the concurrency of Babington and Ballardes' confession, and other of the conspiracy.