Marie and other her confederates haue manie times done before In the Parliament holden 13. Elizabeth and therefore she had been in the high court of Parliament condemned to die manie yeeres past but that her Maiestie of her singular and great clemencie spared to giue her assent thereunto and of late againe vpon an other horrible conspiracie there is by the chiefest Lordes and Iudges of this Realme sentence giuen against her Proclamation therevpon and due execution respectiuely made according to an act of Parliament in the xxvii yeere of her Maiesties raigne The thirde Chapter conteining certaine presidentes of sundrie Emperours and Kinges vvhich haue put other Princes vnto death HOwbeit wee neede not farder by ensample to shewe that one Prince hath put another vnto death yet for the farther warrant and quiet of princes mindes and to stoppe the euill speeches of such whose heades are wholy busied in Princes matters it is not amisse vnto the former examples to adde first certaine presidentes of Emperours then of Kinges and lastly for those euill affected sort vnto whome the actions of the Pope are their best instructions the doings and iudgements of sundry Popes COnstantin so much renovvmed in the church of God and that amongest other his princelie vertues for his singular clemencie and care in religion did cause to bee put to death not onely the Emperour Licinius as before but also Maximinianus The loue of the countrey knoweth no kinted the elect Emperour beeing detected by his daughter vvife of the saide Constantine for an horrible conspiracie against her husbande and yet consider Constantine shevved vnto him all duties of humanitie and courtesie in so much that hee married his daughter receiued him vnder his protection giuing vnto him all princely entertainement at vvhat time hee vvas pursued by his vvicked sonne Maxentius to death yet consider vvhen so many benefites of this Emperour could not stay him Ambition no lesse vngratefull than bloudie but in the desire of a kingdome hee thought to bereaue his protector of life then Constantine loath to nourish in his bosome anie such serpent commaunded his death and saued himselfe An other like example is that of Rhescuporis A second president of an Emperour as Tacitus calleth him or as Suetonius Liuie Thrasipolis king of Thrasia vvho by Tiberius the Emperour vvas put to death Cornelius Tacitus lib. 2. annalium For vvhe ras the said Rhescuporis had compassed the death of king Cotys for that hee coulde not abide to haue him confort vvith him in the kingdome of Thrasia vvhich in Augustus daies vvas deuided betvveene them the sayd Rhescuporis vvas accused by queene Cotys to the Emperour and Senate of Rome for this his villanous fact in destroying her husbande vvhere he receiued iudgement both of depriuation of his kingdome and also of banishment but assoone as he vvent about to flee frō Alexandria vvhere he vvas confined vvith a strong garde honored against his vvill the Emperour Tiberius presentlie gaue in commandement to behead him Bloud thirsteth after bloud and yet the said king did neuer practise the death of the Emperour as Marie of Scotland hath practised the death of the Queene of Englande Holling sheds chronicle and that since the said Marie came to be a titulary Queene and had giuen ouer to her sonne Kinge Iemie to be the onely and absolute king of Scotlande An other president I find in the Emperor Henry the seuenth of that name The third president of an Emperour vvho conuincing Robert king of Naples and Prouince of open rebellion conspiracie vvith his subiectes against his person and Empire Peter Mexia in the life of Henrie the Emperour summoned him to appeare and finally by processe of iustice gaue sentence of death against him depriuing him of his kingdome of Naples A king for treason deposed sentenced to death and discharging all his vassals of their homage and fidelitie that they ovved him and farther gaue licence to Fredericke king of Sicelie the said king Roberts enimie to make a cōquest of the said kingdom in the behalf of his sonne Thus farre goeth the Historie Clementin de re iudicata c. pastoralis hovvbeit Pope Clement the seuenth in his Clementine calleth the saide Robert king of Sicely according to the old error of Popes Fazellus de rebus Siculis and not of Naples according to all old vvriters and found fault in themperours sentence about the manner of proceeding and not the matter in question for he doth not call in question the said iudgement as though it had bin vnlavvefull for him to haue put the said king to death for treason if he had bin founde vvithin anye of his dominions vvhere he had committed anie such horrible crime against him but in that hee did cite him out of that district and limites of the Empire to vvit out of Naples vvhich the Pope calleth Sicely vvhere had beene euer his continuall and notorious residence to the citie of Pisa a place iustly feared most daungerous to his person but if the saide king Robert had contriued the death of the Emperour vvithin the iurisdiction of the Empire and there had beene founde or as it is vvoont to bee vsed in criminall causes had beene sent thither to aunsvvere the contempt doone against his Maiestie then in that case Pope Clement did agnize and insert in expresse vvoordes in his Clementine published in the Councell of Vienna that the Emperour mought haue sentenced the sayde king lavvfullie to death Popes censure in what case a Prince may lentence an other lawfullie to death his vvordes are these Quòd si punitio criminis intra districtum imperialem commissi ad imperatorem forsan pertinuisse asseratur d c pasteralis verum est quidem si ineodem districtu fuisset inventus delinquens vel ad illum de more remissus Wherein hee doth agree very vvell vvith the ciuill lavv vvhich is that sortitur quis forum tà m ratione delicti quà m ratione domicilij that is a man may be vvithin the compasse of an other Princes iurisdiction and prerogatiue asvvell in regarde of his offence cōmitted as of his place of dvvelling the discourse vvhereof more at large hereafter In like maner Barnard king of Italie Barnard king of Italie put to death by Lewes the French king being persvvaded by the Clergie of his right and title that he had to the crovvn of Fraunce leuied an armie intending to recouer his right and to destroie them that than possessed in the kingdome but in the first encounter he vvas taken Belleforest in his French history had his eies put out a vvhile vvas kept in prison and after by Lewes Debonaire king of Fraunce and Emperour for the better assurance of his state commaunded to be put to death So likevvise Conradine king of Sicelie vvas by Manfredus prisoned Collmitius lib. 4 he bequeathed his kingdome to Conradine his
vaine the benefit of the lawe that doeth offend against the lawe So is the Queenes Maiestie in her gratious Realme a sanctuarie to euerie king that commeth within the same vnder her highnesse protection vntill he committeth a capitall delict and offence against the same and than vpon the reason of the foresaid lawes he looseth the benefit priuiledge thereof like as the benefite or priuiledge of safeconduit is lost when after the safe conduit graunted any crime is committed but for a farder confirmation of the premisses we shall speake more at large in the next chapter The sixt Chapter containing an aunswere to certaine obiections latelie made by certaine fauorites of the Queene of Scottes FOR asmuch as some partiall and euill affected Aliens and some hollow and dissembling subiects will perhaps in this honourable and iust action maligne the proceedings of the whole Parliament and the sentence and execution thereuppon I thinke it not amisse to meet with some of the best of their Arguments the which at the first showe might seeme to crosse or controll their doings The first obiection The first obiection is That Par in parem non habet imperium that is an absolute Prince ouer and against another absolute Prince hath no iurisdiction or soueraintie And this was by Prince Conradine a Prince more skilfull in feats of warre than in points of law Collinutius lib. 4 hist Neapolit obiected vnto Barius king Charles his Prothonotarie after that he had read the sentence of death giuen against him The like argument doth Matheus Parisiensis alledge in king Iohns case Parisiensis Monachus in sua historia whē the French king wold haue sentenced him for the Dukedome of Normādie Vpon the which maxime or rule it is inferred that forasmuch as our Queen Marie of Scotland were both Queenes and of egall power and authoritie that the one can haue no such power to sentence or punish the other The Answeare For aunswere it may then trulie and iustlie be said that whatsoeuer showe this argument maketh in apparance yet it is nothing at all in substance For to let passe that which is much doubted of by many whether the Scottish Queene were at the time of the sentence giuen Queene of Scotland or no seeing by the three estates of Scotlād she was disabled To omit also that shee relinquished long time before all her right title and interest in the same realme if she had any to the Lord Iemie her sonne now king of Scotland To passe ouer in like maner how euident a thing it is and most notorious that the kinges of Scots haue been feudataries and done homage vnto the kings of England See Hall and Foxes historie reg 4. William Conqerour malconib Edward 1. Richard 2. and haue appeared in person in Parliament at Yorke and had the place of the first Peere in England whereby it may bee inferred that the Scottish Queene was no absolute Queene but had respect was inferior to the crowne of England if we should graunt them all this for dispution sake that shee was still Queene of Scotland and farder that she was an absolute Queen what than what can they infer of this doth equalitie in dignitie giue supreame power and soueraintie in the kindome of England This her soueraintie hath vndoubtedly a necessarie relation to her owne subiects the Scots and kingdome of Scotland not vnto the English and realme of England albeit I do graūt here for argument sake more than may doe to wit that she was still a Queene in dignitie Thomas Grammaticus yet I may right well deny her to be a Queene in soueraintie for she left all her soueraintie behinde her and became a priuate person and no soueraine at what time shee came from Loghléuen castle in Scotlande to the castle of Cokermouth in Englande And this point may soone be tryed by sampling the same in an other Princesse comming into anie forreine countrey If the King of Spaine should come into Fraunce although perhaps the French King mought take him for his brother in the sence of the Poet fratrum concordia rara yet I doubt he would not take him there for his fellow Lucan Tullie in his booke of dutiess Omnisque potestas impatiens consortis erit there is no kingdome that will abide a Copartner D D in l. est receptum f. de iurisd omnium Iudicum And as Tullie saieth Nulla sides nec sancta societas regni est There can be no firme faith nor holy societie of a kingdome ouer and aboue that euerie Prince in his owne principalitie is the greater c cum inferior de maior obed and it is an infallible rule that euerie Kinge out of his owne kingdome is no more but a priuate person Lapus in allegat xcij. Preses saith Paulus in suae prouinciae homines tantùm imperium habet hoc dum in prouincia est I. preses f. de officio presidis nam si excesserit priuatus est A president hath souerainty onely vppon the subiectes of his owne prouince and that whilest he is within his prouince but if he goeth forth of it he is a priuate person Vpon the conclusion of which lawe there grew amongest the learned this question Baratolus lib. 12. de dignitatibus c. whether a Kinge passing thorough or resiant in another kinges Realme and dominion mought make anie of his subiectes knightes and some helde opinion that he could not for that he had not there merum imperium supreme power and soueraintie but Regiam duntaxat dignitatem that is only the honour and dignitie of a king Other resolued thus that albeit in this case hee had no such soueraintie in him yet bicause this act was not cōtentiosae iurisdictionis of a cōtentious iurisdiction as when sutes passe in the kings cōsistory between party party Iason Alexander in L. extra territorium de iurisd omnium iudicum but iurisdictionis voluntariae of a iurisdiction voluntarie such as passe vpon pleasure before himselfe they were of opiniō that he myght make knights like as one Bishop may approue willes and confer orders in the Diocesse of another Bishop because the same is iurisdictionis voluntariae of a iurisdiction voluntarie but that a king in another kings dominiō or a Bishop in the diocesse of another Bishop hath merum imperium or soueraigntie that can neuer be showne but the quite contrarie Neither only is euery one in his owne territorie chiefe and greater than an other who in other respects notwithstanding is many wayes greater than himselfe but also he may punish there such a person greater than himself offending in his territorie insomuch that an Archbishop by a Bishop in the Bishops own territory an Emperor by a king in a kings dominion and countrie and a king by a Magistrate of a free Citie may there be punished for his offence Neither doth the rule Par in parem take anie place
the eternall and Almightie Lorde of his vnspeakable and accustomed goodnesse by a myraculous discouerie preserued the same The second Chapter containing a second Analogie or Resemblance betvveene the Emperor Licinius and the said Marie Queene of Scotland A second president much resembling the case in question is offered vnto vs from our countrieman and most Christian Emperor Constantine the Great who commaunded the death of Licinius the Emperor and yet this act was neuer controlled by any writer The Historie AFter that Constantine had taken in open hostilitie Licinius consort with him in the Empire Eusebius Socrates Sozomenus Sigonius de imperio occidentali Mexia in vitis Constantini Marentii Licinii who fauoured the Heathen persecuted the Christians and came in armes to violate his person yet at the request of Constantia his sister wife to the said Licinius he spared his life bound him to remaine at Nicomedia in the Prouince of Bithinia But when afterwards Constantine was enformed that the saide Licinius attempted a new insurrection and was to that purpose confedered with other Princes Constantine the Emperor put to death his Colledge Emperor Licinius and neuer controuled therefore and sought to flee away from the place appointed than did he foorthwith commaund the said Licinius to be put to death in the xv yeere of the said Constantines raigne when hee was lx yeeres of age and in the yeere of our Lord God 377. The comparison and resemblance betweene these two cases is verie like First Constantine and Licinius vvere both chosen Lordes and Princes of the Empire So Elizabeth Queene of England and Marie Queene of Scotland vvere both called to the state of kinges in the yle of Britanie The Empire of Britanie diuided into two kingdomes as the Empire in Constantines time was into two Empires although in diuers distinct kingdomes and therfore the doinges of Licinius mought seeme to haue more colour of right to the Empire than Mary of Scotland to entitule herselfe in this Realme Marie queene of Scotland but a titularie queene Kings of Scotland haue been feudaturies done homage to the kings of England beeing also but a titularie Queen in her ovvn land as it appeareth by the Chronicles and by auncient recordes her Progenitors haue done homage for their kingdomes to the crovvne of England Licinius notvvithstanding manie princelie benefites receiued at the Emperor Constantins hands Eusebius Socrates insomuch that he vvas aduaunced by him to the mariage of his ovvne sister Constantia vvhich descended from a princelie progenie of kings yet contrarie to his oath and promise like an vngratefull man he became a professed enemie to Constantine Marie of Scotland albeit shee receaued manie great fauours at the hands of Queen Elizabeth in sauing both her honour and life Scotland in an 1568. England 1◠reg Eliz. vvhen she vvas so earnestlie pursued by the Lordes and the commons both of Scotland and England yet like an vnthankfull person shee did shevve her selfe contrarie to her vovved promise an apparant enemie to the Queene of England Her letters to the B. of Glascon to B. Rose Morgan and Mendoza Licinius vvould alone haue bin Lord and prince of the Empire by the remoue of Constantine So Marie vvoulde bee the onelie Queene of Britanie Diuers books and pedegrees published by her agents and fauorites to that effect Resignatio facta 1567. Vide Buconanum fol. 196. And Holingsheds Chronicle fol. 388. and not onlie abandon her ovvne sonne from the kingdome of Scotland after that she had resigned the same vnto him but also expell her Maiestie Queene Elizabeth from her proper vndoubted kingdome of England Licinius vsurped an vniust title calling himselfe the vniuersall Emperor So did Marie of Scotlande giue long since In the booke called Expositio cansarum And she did it at her entrie into Poitiers in Fraunce and would not be reduced from the allowing of the same in all her proceedings ouer since both the title and armes of England vsurping therein the roiall state of her Maiestie and crovvne of England Licinius came not vvillinglie vnto Constantine but by force of armes vvas taken at Chrysopolis a Citie vvithin the prouince of Bithinia and brought to Constantine Marie of Scotland came not vvillinglie into the lande and dominion of our Soueraigne Queen Elizabeth Hollingsheds Chronicle fol. 392. but being encountred vvith her nobilitie enforced to leaue the field came by boate into Werkington Hauen in the vvest marches of England Licinius had his life once pardoned for open hostilitie against the Emperor Constantine Mexia in vita Cōstantini ca. 1. Eusebius Socrates Sozomenus Marie of Scotlande hath had her life spared for murdring her husbād also for hostilitie and treason practised against Elizabeth Queene of England 13. regni Reginae Elizabethae published in Parliament Licinius although pardoned Mexia cap. 10. Socrates lib. 1. cap. 2. Sozomenus lib. 1 cap. 2. yet vvas not too far trusted by Constantine but first cōfined to Nicomedia aftervvards to Thessalonica and there had a noble gard about his palace and person Marie of Scotland Iustlie mistrusted for giuing the armes and title of England and refusing to ratifie the treatie of Edingburg and afterward for procuring the rebellion in the North and manie other treasons since she had for her abode Carlile castle Bolton Castle Sheffeld castle all at the Queene of Englands great charges and expenses and great fauours vvas vpon most iust cause mistrusted and therefore confined to certaine statelie houses in England there had princely maintenance and an honourable gard attending her person Licinius did seeke to flee avvay from the place vvhereunto he vvas enioyned Marie of Scotlande did manie times practise the like in England Confessed by her before the Lords at Fodringa castle Licinius did treat vvith diuers princes and captaines to make nevv vvarres against Constantine Marie of Scotland did not onlie practise vvith diuers princes The practise of bringing in of forces cōfessed by her before the Lords Noblemen and others to bring in forreine forces into the Realme of Englande The rest confessed by Babington Ballard and other of that conspiracie and most horrible treason but also did conspire and contriue vvith euil disposed subiectes to England the chaunge of the state the ouerthrovve of religion the death of her Maiesties sacred person the massacre of the nobilitie and an vniuersal desolation of the vvhole Realme To conclude Mexia in vita Constantini ca. 1 Socrates Sozomenus in the foresaid places Licinius for endangering againe Constantines person and seeking by nevv troubles to aspire to the Empire like as Maximinianus before had done vvas by the appointment of Constantine adiudged to die Marie of Scotland hath giuen far greater cause to our Constantine Elizabeth Queen of England to fear nevv conspiracies both against her Maiestie the state of the vvhole realme like as the said