<1r>

Anno 13tio Elizabethæ
Certain Argumts collected out of ye scriptures out of ye civill Law & ye Coon exhibited to ye Queens Matie by some of both houses against ye Queen of Scots

Reasons to prove ye Queen Majesty bound in Conscience to ceed in severity in this case of ye late Q. of Scots.

The word of God wch is ye only direction of Conscience & a certaine rule for all Estates & Offices doth often & most earnestly teach yt Godly P{ri}ples \Princes/ & Magistrates not only in Conscience safely may but also in duty towards God ought severely & uprightly to administer justice. For this is one of ye principall causes for ye wch ye providence & wisdome of God hath ordained Magistrates in Coonweales yt they might by Iustice & punishmt according to ye greatness of ye offence repress ye wickedness of mankind whereunto by corruption of Nature they are inclined.

The Magistrate (as St Paul saith)[1] is ye minister of God & ye revenger of wrath towards him yt hath done evill &c

And St Peter [2]be subject to ye King as to ye cheif or to ye under Rulers as sent of him ad vindictam nocentium to ye punishmt or revengement of Offenders & to ye praise of them yt do well

If ye Magistrate doe not this God threatneth heavy punishmt when you were (saith wisdome to Princes)[3] ye Ministers of his Kingdome you have not executed Iudgmt rightly nor kept ye Law nor walked according to his will horrible & right soon shal he appear unto you. For as hard Iudgment shal they have yt fear rule & Potentes proventur tormenta patentur. Now then if ye Magistrate be ye Minister of God in his name & authority to punish ye wicked according to ye measure of their offences & are threatned grievous punishmt if they do not & on ye other party ye scottish Q hath offended in two highest degrees both concerning Gods religion & ye disheriting <1v> & destruction of our Prince. We see not but her Matie must needs offend in Conscience before God if she do not punish her according to ye measure of her offence in ye highest degree.

Consider not saith God[4] ye person of ye poor nor honour ye countenances of ye rich. It is not good saith Solomon[5] to regard ye person of ye wicked thereby to decline from ye truth of Iudgment.

And Iesus Syrack[6] make no labor to be a Iudge except thou have ye stoutness yt thou mightily maist put down wickedness, for if thou stand in awe of ye mighty thou canst not but faile in giving sentence. Wherefore whether ye late Queen of Scots be Queen or Subject be stranger or citizen be kinn or not kinn by Gods word for so great offences she should have ye just deserved punishmt & yt in ye highest degree.

When God by his just providence doth commit any greivous offender into ye hands of a Prince or Magistrate as to his Minister to be punished he ought to fear ye heavy displeasure of God if by any color he do omitt ye same. Non enim hominis judicium est sed Dei. et maledictus est qui facit opus Domini fraudulenter vel negligenter. For God oftentimes bringeth Sinners to punishmt for other Offences then those yt are known & appear to ye world. And therefore hath he shewed himself greivously displeased when such by ye color of mercy & pitty in Princes have escaped just Iudgment.

When Saul spared Agag[7] although he were a King God took from ye same Saul his good Spirit & stransferd ye kingdome of Israel from him & his heirs forever.

When Achab spared Benadab ye King of Syria by his unreasonable clemency tho he were a great Prince God willed the Prophet to say unto him Because thou hast let escape out of thine <2r> hand ye Man yt I would have \had/ to dye thy life shall be for his life & thy people for his people. In these examples great pretence might be made for mercy for sparing of them & great reproah {sic} of bloodiness & cruelty in in {sic} contrary. But we see how God judged in them. The late Q. of Scots being a greivous offender divers ways both before she came ino this land & afterwards, hath been by Gods especialll & marvellous providence put into ye Queens Maties hand to be punished & far more notably then Agag & Bo | enadab were put into ye hands of Saul & Achab Therefore it is greatly to be feared if she escape as Benadab did under pretence of mercy & honourable dealings yt Gods heavy displeasure will for ye same light both upon ye Prince & ye Realm as it did upon Achab & ye Israelites shortly after.

This sentence of ye Prophets as it is for certain reported was spoken to ye Ld Iames late Regent of Scotland when wth so much lenity he proceeded therein. It hath followed too true in him ye Ld turne it from our gracious soveraigne.

Every good Prince ought by Gods commandmt to punish even by death all such as do seek to seduce the people of God from his true worship unto superstition and Idolatry. For yt offence God hath always greivously punished such as coitted agt ye first Table Deut. 13 his words are these. If thy brother ye Son of thy Mother or thy own Son or thy Daughter or ye wife yt lieth in thy bosome or thy friend wch is as thy own Soul unto thee entice thee saying let us go and serve {other}|stran|g Gods & thou shalt not consent unto him nor hearken unto him thy eye shal not pity him neither shalt thou have compassion on him nor keep him secret but cause him to be slain thine own hand shal be first upon him to kill him &c And afterwards addeth yt all Israel shal fear to do any more such wickedness. The residue of ye chapter containes more previous matter wch we wold <2v> wish all them to read yt in great offences under color of pity are loath to have sharp punishmt used. Now you may perceive yt God willeth his Magistrates not to spare either brother or sister or son or daughter or wife or freind be he never so nigh if he seek to seduce ye people of God from his true worship much less is an enemy or traytor to be spared, yea & he addeth ye cause t|w|hy he wold have so sharp punishmt used in such cases yt Israel may fear to do ye like. But ye late Q. of Scots hath not only sought & wrought by all meanes she can to seduce ye people of God in this realm from true religion but it is ye only hope of all ye adversaryes of God throughout all Europe & ye instrumt whereby they trust to overthrow ye Gospell of Christ in all Countries. And therefore if she have not ye punishmt wch God in this place aforementioned appointeth It is of all Christian hearts to be feared yt Gods just plague{illeg} will light both upon ye Magistrates & Subjects for yt by our slackness & remisse Iustice we give an occasion of ye same overthrow of Gods glory & truth in his Church mercifully restored unto us in these latter dayes.

[8]Constantinus Magnus caused Licinius to be put to death being not his subject but his fellow Emperor for yt ye said Licinius laboured to subvert Christian Religion. The same Constantine is for ye same in all historyes highly coended. Much more shal it be lawfull & honourable for ye Queens Matie to execute this woman who besides ye subversion of religion hath sought ye life of ye same our gracious soveraign.

[9]It is dangerous for any Prince as well as for his own state as also for yt punishmt yt may come from Gods hands by slackness of Iustice in great offences to give occasion by hope of impunity of ye encrease of like wickedness. Ioab being spared of David for murthering of Abner killed Amasa also. Because Aon was winked at by his father for committing rape & incest with his own sister, Absalon under hope of like impunity was emboldened <3r> to murder his brother Ammon.

But look I pray you how greivously God punished ye slack Iustice of David coloured wth tender heart towards his natural Children did he not suffer yea & by his just Iudgment raisd|e| one of his own Sons towards whom he used but excessive tenderness & pity to rebell agt him & drive him out of his kingdom.

The late Scottish Q. hath heaped up all ye sins of ye licentious Sons of David adultery, murder, conspiracy, treason & blasphemies agt God also & if she escape wth slight or no punishmt her Matie in Conscience ought {illeg} as also good & faithful subjects to fear yt God will reserve her as an Instrument to put her from ye royall seat of this kingdom & to plague the unthankfull & naughty subjects. Quod omen ut Deus avertat precamur. Shall we think yt God will no {sic} plague it surely our hearts do greatly fear he will do it greivously.

[10]A Prince ought in Conscience before God by all ye means he can to see to ye quietness safety & good estate of ye people over wch God hath appointed him governour for in ye Prophets own times under ye names of pastors & watchmen he threatneth great punishmt to Princes {illeg}|&| Governours for ye contrary Especially Ezek. 33d & 34th & signifyeth yt if his people perish either in soul or body by slackness in administrating Iustice or by any other misgovermt God will require their blood at ye Princes hands wch places if they may be applyed to Prophets & Teachers, so do they not exclude but principally comprehend Kings & Magistrates as Ironimus noteth in Ezek 33d. The words of ye Prophet are these

If ye watchmen see ye sword & blow not ye Trumpet so yt ye people is not warned if ye sword come then & take any man from among them ye same shal be taken away in his own sin from among them but his blood will I require at ye watchmans hands.[11]

And again who {sic} unto ye Shepherd {sic} yt destroy & scatter my flock, <3v> saith ye Lord &c. you scatter & thrust out my flocks {illeg} and do not look upon them therefore will I visit ye wickedness of your imaginations &c. By these & such other words in many places God signifieth if his people perish either in soul or body by ye slackness or remise governmt of them yt are appointed Rulers over them {illeg} as it were shepherds and herdsmen to keep them from danger yt he will require ye blood of his people at their hands. Solomon a wise & a good Prince spared not his own natural yea & his own elder brother Adoneus for suspition & likelyhood of Treason & for a marriage not purposed only but did put him to death for ye same & that speedily without course of Iustice least by delay trouble & danger might have ensued not only to his own person being Prince & cheif Minister of God in ye land but also to ye people over wch he had ye charge, & for safety where of in Conscience he was bound to deal he wold have thought it a great burthen to his Conscience if by ye sparing of ones mans life were he never so nigh a blood \un/to him he should have hazarded ye state in wch God had placed him & ye blood of many thousands of his people wch by rebellion might have been spent. But this woman & her greatly desired husband as she prtended have put far more heinous matters in execution wherefore her cause standing as it doth there is no scruple in conscience to proceed wth severity but great danger of \in/ Conscience for dealing too mild & contrary to order of Iustice making ye punishmt less then ye offence wch is ye the evident danger of her Maties own Person ye hazard of ye Realme & ye subversion of Gods truth.

[12]It is dangerous for any Christian Prince contrary to ye word of God wth colour of mercy & pitty to do yt whereby he shall discourage & kill ye heart not only of his own good subjects, <4r> & faithfull Counsellors but also of all other nations faithfully professing Gods religion & his true worship as it may well appear in ye example of David. David having this infirmity of too much pitty & indulgence towards offenders wch is not of any Prince to be followed. That his trayterous son Absalon should be slayn & when he was killed effeminately bewailed ye same to ye discouraging of his people but he was sharply rebuked by Ioeb his Counsellor Thou hast shamed this day ye faces of thy servants wch have saved thy life & ye life of thy Sons &c Thou lovest those yt hate thee & thou hatest those yt love thee & thou shewest this day yt thou passests not for thy captains & for thy servants. And now I perceive if Absalon had lived & all we had been slayne it wold have pleased thee well. What great inconvenience was like to fall unto David by this doing & wt other good directions may be taken out of this history well considered, for brevity sake we leave to ye consideracon of wise Princes and Governors. But David was so much moved wth these words yt he was contented to take any other course wch turned both to ye comfort of his own subjects & his own benefitt, ye application needeth not. If David were moved thus to do for ye comfort of his own subjects only & ye abasing of his own private rebells how much more have we to desire God to move ye Queens Matie by ye execution of this Lady to glad ye hearts of all true Christians in Europe & to bash & damp all ye minds of all ye enemies of God & freinds of Antechrist.

[13]It may be objected yt thus to proceed is not honourrable for ye Queens Matie

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[14]The shadow of honour (as may evidently appear) deceived upon like occasion both King Saul in Sparing Agag King of Amaleck & King Ahab in receiving to his mercy King Benadab as it is in ye example in ye second resason menconed who did prtend great honour in saving the sam King & yt dishonour countrary yt one King shold kill another. But mans judgments & Gods in such cases are divers for indeed execution of justice upon any person whatsoever is & ever hath been accounted honourable.

Ioshua[15] a worthy Prince & governour put to death five Kings & yt as might appear causing his soldiers to sett their feet on their necks & slay them & willed ym to be stout & not to fear to do it.

We find also in ye scripture yt in this zeale of Iustice two wicked Queens Isabell & Athalea both inferior in mischeif to this late Queen have been by Gods magistrates executed & ye same execution coanded in the Scripture

[16]If it may be further objected yt ye Queens Matie in so doing should exceed ye bounds & limits of mercy and clemency.

[17]Indeed a Prince should be mercifull but he should be just also. It is said misericordia & veritas custodiunt Regem but in ye next chapter it followeth Qui sequitur justiciam & misericordiam inveniet vitam. The Prince in Governmt must be like unto God himself who is not amiable by mercy but terrible by justice also & therefore is called misericors & justus Dominus mercy it self sheweth in ye Image of Iustice Iustice is {sic} Scripture <5r> is in God called mercy Ps. 136 who smote Egypt wth the first borne for his mercy endureth for ever. In yt Psalme ye smiting of Egypt wth terrible plagues The destruction of Pharaoh The killing of great & mighty Kings are called ye mercifull works of God as indeed they were but mercy towards ye people of God & not towards ye enemies of God & his people. Therefore as ye Queens Matie indeed is mercifull so we most humbly desire her yt she would open ye laps of her mercy towards Gods people & her good Subjects in dispatching those enemies yt seek ye confusion of Gods cause among us & of this noble Realm It may also be said yt to spare one person being an enemy a stranger a fessed member of Antechrist & convicted so many heynous crimes wth ye evident perill of so many thousands of bodies & souls of good & faithfull subjects may justly be termed crudelis misericordia.

[18]Petiliano objiciente Deum non dilectari humano Sanguine respondet multos legimus a famulo Dei \Moise/ misericorditer interfectos nunquid crudelis effectus est cū de monte descendens tot millia juberet occidi.

[19]Saul & Iosaphat Reges fuerunt populi Dei, & Deum misericordiam ijs quos Deus oderet prosteterunt. Dei offensum in opere pietatis incurrunt e contrario Phineas filij Levi gratiam Dei humana s|c|ede & suorū paricidio meruerunt.

The same Hierome de origine aminæ saith ye like sparing of evil persons is misericors inod|b|edientia

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St Augustine also saith sicuti est misericordia puniens ita est etiam crudelitas parcens.

But happily it may be yt some do discredit these reasons by ye persons when they cannot by ye matter & will put in her Maties mind yt we in perswading her respect our own danger & feare of perill coming to us & not right & true Iudgmt yea & yt may appear very unseemly & worthy sharp reproofe in Bps to excite a Prince to cruelty & blood contrary to her mercifull inclination

As touching ye first branch surely we see not any great continuance of danger likely to come to us more then to all good subjects whilst this state standeth And ye State cannot likely alter without ye certain perill both of our Prince & Country now if our danger be joyned wth ye danger of our gracious soveraigne & natural Country we see not how we can be accompted godly Bishops or faithfull subjects if in common perill we shold not cry & give warning, or on ye other side how they can be thought to have true hearts towards God & towards their Prince & their Country yt will mislike wth us so doing & seek thereby to discredit us. As touching ye second branch God forbid yt we should be instruments to incenc|s|e a mercifull Prince to cruelty & bloodiness neither can we think well or Iudge yt they have true meaning hearts yt of ye ministers of God & Officers do term justice & right punishmt by ye name of bloodiness or cruelty God in time I hope shall open her Maties eyes to see & espy their cruell <6r> purposes under ye cloake of extolling mercy. When the Prince or Magistrate is slack in punishing ye sinfull & wicked The Bs & Preachers are bound in Conscience before God to exhort him to move diligence therein least ye blood both of Prince & people be required at their hands

May ye Prophet be accounted cruel to incite Ahab to cruelness & bloodiness wch so sharply rebuked him for his clemency shewed towards Benab|d|ab. May Samuel be justly termed cruell becasue on like cause for Sparing ye life of King Agag he killed ye sd Agag with his own hands in ye sigh {sic} of ye Prince. What shal we say of ye Prohpet Elijiah shal we call him cruell because in ye Zeale of Iustice he killed all ye fals Prophets of Baal. Did not God approve of this his fact with ye miraculous sending abundance of rain after three years continual drought. But to those men I think God himself & his Angels will seeme cruel & his justice cruelty yt they under ye color of mercy might be spared untill time will serve to satisfy their own cruell hearts

St Augustine also saith Sicuti est misericordia puniens ita est etiam crudelitas parcens

[1] Rom. 13

[2] 1 Pet. 2

[3] Sap. 6

[4] Levt. 19.

[5] Prov. 18.

[6] Ecclus 7sti

[7] 1 Reg. 5.

[8] Euseb. Lib. 2d de vita Constant.

[9] The 4th reason

[10] The 5th reason

[11] Ierem. 23

[12] 6th reason.

[13] Objection

[14] Answer

[15] Ios. 10

[16] Object.

[17] Answer

[18] August cont. Lras Petiliani Lib. 2. c. {illeg}|86|

[19] Hier.

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