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A19175 The palinod of Iohn Coluill wherein he doth penitently recant his former proud offences, specially that treasonable discourse lately made by him against the vndoubted and indeniable title of his dread soueraigne Lord, King Iames the sixt, vnto the crowne of England, after decease of her Maiesty present. Colville, John, 1542?-1605.; A. C., fl. 1600. 1600 (1600) STC 5587; ESTC S108516 18,930 40

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succeede secluding altogether Margaret Queene of Scotland his eldest Sister and her descēt Wherunto I reply shortlie first by coniectures next by peremptorie answeres It is not probable that a Prince so righteous so wise so kinde as King Henrie the eight was known to be that he should so vnkindlie and vnrighteouslie deale with his eldest sister germane as to spoile and degrade her and her innocent succession of all honor and exspectation that God and nature had prouided for them Next hee could not forget the commendable answere of Henrie the seaventh his moste prudent father who at the contract of mariage made betwixt King Iames the fourth of worthie memorie and Ladie Margaret eldest daughter to the said King Henry the seauenth sundry of his counsel labouring to empesh that mariage said vnto him that it might come to the great dishonour and discommoditie of the realme in cace which was verie possible that England shoulde fall to bee subiect to the Kings of Scotland Whereunto the said noble Prince answered that in cace it fell out so there was no inconuenient to England for as William the Conquerour atteining to the crowne of England did ioine and subiect Normandie to England and not England to Normandy so Scotland beeing the least of the two Realmes should be subiected to England if any such accident should arriue because the lesser must cede and giue place to the greater By which answere the saide noble Prince Henrie the eight knew full wel it was not his Fathers meaning to defraud his eldest daughter nor her succession And therfore it is altogether improbable that hee should haue forget the mind and intention of his magnanime Father in a matter so recentlie and righteouslie done and that with his owne speciall consent and good lyking Thirdlie the said noble King knowing what torte and wrong his Father had receaued of Richard the 3. by such partiall exceptions made against his title and publishing so bitter lawes against him he coulde not be so obliuious much lesse iniurious as to fall in the same error which both hee himselfe and all iust men did so much abhorre in the person of the said vsurper Ferdlie in respect that about the same time when the said pretended Testament is alledged to be made it is certainlie knowne that the said noble King Henrie the eight did treat a mariage betwixt Prince Edward his sonne Mary of Scotland his petite Niece for which cause it were out of all purpose to think that hee should at one time deale so kindelie and vnkindelie as vnder pretext of such newe affinitie to preiudge his nearest Niece of all her lawfull esperances Last shall we beleeue that King Henrie the 8. who was a miracle yea a mirrour in his age of all magnificence appertaining to a Christian Prince should haue bene inferior in iustice and pietie to Iohn Galeas Duke of Millaine who shall bee for euer praised for his equitie in preseruing the prerogatiue of birth-right For going to depart he called his children said O dura Lex ô dura natalitij iuris praerogativa quae aequales genere ac natalibus inaequali sorte seiungis Dolebat enim Iani fily stolidioris annos virtuti Philippi Mariae anteferri My peremptorie answeres be these The first is grounded vpon this decision Nec verò si aliquis Rex consensum statuum haberet vt priuaret regno filiū aut proximum posset tamen id iure facere quia qui priuare non poterit non debet id facere cuius praetextu per Legem inducatur privatio For it is so cleare as the Sunne at mid day all the Doctors both of the Canon and Civill Lawe in one voice agree thereunto that no Prince nor estate separatim vel coniunctim hes power to transfer the crowne from one to an other namelie where the crowne is successiue For if it were lawfull to reiect one and mak choise of an other then should succession be turned in election which were absurde And heerevpon is there manie decisions of the Doctours whereof I repeat a few One of Iason saying Quod regna deferantur lege Diuina naturali consuetudinaria Canonica primogenito per rationem huius textus Nemo potest disponere regna nisi secundum Legis dispositionem Idem Felinus asserit Ioannes Andreas Cap. licet De voto Abbas cap. intellecto de Iureiurando Vbi dicit Reges non possepriuare consanguineos spe regni * secundum Innocentium Nec patres Reges possunt primogenitos exharedare aut minuere iura primogeniturae Benedictus in cap. Reynutius in verbo in eodem testamento Quia Regna deferuntur iure sanguinis quae naturae beneficio competunt liberis exhaeredatione paterna tolli non possunt nec etiam statuum Regni ministerio in remotiorem transferri Denique cum Dominus non tulerit Israclitas imo dederit illos in direptionem quod spreta domo Dauid sibi Regem Ieroboam filium Nabath constituissent negari nequit quantum partiales Regnorum translationes à propinquioribus ad remotiores non solum legibus humanis ver●…metiam voluntati Diuinae repugnent Secondlie the said pretended Testament was supposititious contriued by such as meant to defraud both the heires female of the said king Henrie the 8. aswell as these of his eldest sister which did manifestly appeare immediatlie after the death of the said yoūg Prince Edward when as the Lord Gilford eldest son to the Duke of Northumberland did marie with Ladie Ieane eldest daughter to the foresaid Ladie Francoyse Duchesse of Suffolke to whome the said Testament designed the succession the meaning of which mariage was to erect the said Ladie Ieane and to deject the two innocent and moste illuster Enfantes of Henrie the eight Queene Marie and Queene Elizabeth Thirdlie of the witnesse that had signed the saide pretended Testament three of the most honest famous thereof vppon remorse of conscience before Queene Marie their Soveraigne Lady and her honorable Counsel did depone confesse and sweare that the said Testament was neuer signed by the said king Henrie but was sealed by one William Clerk with the kings seale when as the king was either dead or in the last article or agonie of death hauing no sense knowledge or remembrance and these three witnesses were the Lord Paget Sir Edmond Montague Knight cheef Iustice and the said William Clerk affixer of the seale as is aforesaid Vpon which testification the same beeing duelie tried by all circumstances requisit that it was not by corruption suborning nor menaces exhibite by the said witnesses the saide Queene Marie to the honour of God and her Realm for defence of the verity iustice and dignitie of the succession Royall and for auoyding of manie inconuenients that thereof might haue ensued by the partialitie of the said pretended Testament caused the examplar memoriall thereof which was in the Chācellarie to be cancellat lacerate and destroyed as a thing indigne to
haue place amongst the true and authentick registers of so noble a Realme By which genereux and iust act she merites no lesse praise nor the Romanes and Ephesians the one defacing the name of the Tarquins for the meshant act of Tarquinius Superbus the other making a Law prohibitiue to all historians neuer to mention the name of Impius Erostratus within their commentaries But fearing least prolixitie make mee tedious I retranche and omitt manie pithie allegations that might be pertinentlie opponed to the aduersare reserring a more ample discourse vpon this subiect to more leasure or rather to one more versed in Lawes and histories nor I am closing this section of my Palinod with a double admiration In the one I cannot enough maruell howe our aduersaries can obiect so confidently against vs this law positiue against strangers seeing they think the positiue Law salique should haue no place nor power against their proximitie of blood in France Et si identitatis ratio sequenda est aequalium aequalis esse debet consideratio quod sibi fieri nolunt alteri facere non debent And so they should in reason think their law transmarine or peregrine to haue no more authoritie against his Maiestie nor they would wish the Lawe Salique to haue against their self according to old decisions Patiendae sunt Leges quas ipsi tulimus Quod quisque iuris in alios statuit ipse eodem iure teneatur My other admiration is that a Nation so wise politick and prudent should not for-see the inquencheable combustion that may bee kindled within their owne bowels by establishing or maintaining Lawes vniustlie made against iust successors to their crowne which kind of partialitie as it hes euer beene the pest perdition of all common wealthes vsing the same speciallie of such as haue bene most famous and glorious so can it not in this age produce anie better effects but to distract the people vpon diuersitie of respects to follow diuerse and dangerous factions Which inconuenient no other Christian Nation had more need to prevent nor the flourishing Realm of England for as they are wealthy so are they much enuied for their felicitie whereby it cannot faile if anie debate be for their crowne betwixt contrair competitors but their Realme shall be a stage or playing fielde to all Nations the one pairtie inuyting some forainers to his aide and his aduersare dooing the like knowing that no stranger shal be vnwilling thervnto some vpon auarice some vpon malice some for both euerie one already attending to set vp their rest vpon hope to repaire their aduerse or base fortunes with the ruine of that most noble famous and vertuous Realme which of old for the fertilitie of the soile and rare bewtie of the inhabitants was called the Realme of God whome of his great mercie with ardēt vowes and humble supplication I implore long yea euer to preserue them from such destanie dysaster and desolation As to that where I moste irreuerentlie and iniuriouslie alledge his Maiestie to bee made incapable by reason of a clause contained in the act of Association made at Westminster Anno _____ which his Maiesties mother of good memorie did signe as is alledged In this iniust allegation I confes a malitious impudent error for no such clause is contained in the Association and though it were contained yet what her Maiestie did consent or yeeld vnto in her captiuitie propter metum qui potest cadere insexum constantiorem is not obligatorie to her self much lesse to her innocent successor whose title is Maior omni exceptione For probation whereof I will not reckon his auncient descent from the Royall blood of England as that of Malcolme the 3 called Canmore with the Niece of Edward the Confessor before the conquest nor that of King Iames the first with the petite Niece of Iohn of Gant Duke of Lancaster but I holde mee at a probation so patent and recent as no man can pretend ignorance or obliuion thereof affirming as the trueth is that his Maiestie hes the iust title ex vtroque Parente For being the vndoubted heire of Margaret eldest daughter to King Henry the 7. he must also be-he vndoubted heritour of the crowne after the death of Queene Elizabeth her Maiesty present who is the only graff or branche remaining of the masculine descent or of the sonnes of the said Henry the 7. In whose person by vertue of his mariage with the righteous heire of the house of York like as hee was the vndoubted heire of the house of Lancaster the crown of England was infallibly established and the two roses vnited And the cleernesse of this Pedegree ioined with the knowledge I had thereof maketh my offence so much the more inexcusable I being a cōscienceles contradictor to my owne knowledge committing therby not only an civill heresie but euē a sin against the holy spreit in oppugning the known veritie God most iustly punishing my pride adding vn to the multitude of my other sins this most capital damnable consort of desperatiō which by no meanes I had escaped if I had obstinatly perseuered in my former induration yea notwithstanding my vnfenzeit repentance I should yet doubt of Gods mercy if former examples did not assure mee But when I see a chief Apost against his knowledge denying his Maister repenting confiding receiuing pardon I begin to thinke that it is naturall to sin brutall to perseuere Christian to repent diuelish to dispair quia peccantium partus optimus poenitentia poenitentium statio tutissima confidentia Sed quia veram poenitentiam pudor peccati commissi pracedit I will with Miriam be ashamed of myself as if my father had spitted in my face I wil be hūbled with the Publican confes my insolence with the forlorne sonne repent weep bitterly with Peter confide with the faithfull Brigand Knowing there is no sinne can exceed the mercy of God who descended from heauen to earth from thence did againe ascend to heauē to saue the sinners not the iust the Publican not the Pharisie leauing behind him many pithy arguments vnto such as would be called his Disciples perswading them to mercy after his example Whereunto the most noble both fidell infidel Princes haue euer bene inclyned according to that of the Poet Quo maior quisque est magis est placabilisirae Et faciles motus mens generosa capit c The great Monarch Iulius Caesar culd forget nothing but iniuries Titus called delitiae generis humani thoght the day euil spēded wherin he had not done some work of cōpassion And the Royall Prophet sayes Ne tradas bestijs animam confitentem tibi wherby is meant as the learned affirm that confessing penitents should not be deuourcd nor driuen to desperate courses By which clement moderation this present most christian King hath so honored enriched and strengthened him selfe with the harts of the people as is