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england_n chief_a king_n lord_n 7,114 5 4.0735 3 true
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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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doth not disaccord but accord with the right of Nations ingenere My third captioun grounded on the civill Law is so confused and cautelous that it cannot well bee reduced to anie forme I will therefore with this cleare demonstration open vp and impugne the same As for the ciuil Law if we meane the Romane or Imperiall to the Emperours their selues haue confirmed and obserued Iura sanguinis following Edicta Praetorum vnde Liberi vnde Legitimi vnde Cognati And if thereby we shall vnderstand the Municipall or common Law of cuerie Realme then may it be evidentlie prooued that euery Realme hes prouided and established fundamentall Lawes for maintayning the blood Royall in the right line Whereby it is euident that by the Law Ciuill in what sense soeuer it be taken his Maiestie hath a most iust claime and competition As to the Law Diuine by the historie of Iacob Esau may appeare what respect and preferment was giuen to Primogenitur or first-birth seing Iacob thogh he was elected did pretend no right thereto vntill his elder brother did renounce and abiure the same And in Numeri the same prerogatiue is confirmed to the eldest and euerie one ordained to succeede according to proximitie of blood Heerewithall the lineal succession of the Kings of Iuda from father to children and failing thereof to neerest kinsmen doeth manifestlie proue this Ius sanguinis to haue bene autorized as wel in the Pallice as amongst the people Neither can that of Moises in Deuteronom be omitted vbi Odiosae Filius primogenitus dilectae Filio praeferri iubetur such was the respect of primogenitur And albeit this right of primogenitur was altered in Iacob Ioseph Salomon and some others yet such few particular exceptions done at the speciall command of God whose pleasure is reason and whose power hes no limitation doth not abolish the generall Law more nor the particular fact of Phineas doth abolish the general Law against homicide or the Polygamy and incest of the Patriarkes destroy the Lawe against Incest and Adulterie Then the Law of God howsoeuer I haue wrested the same in my former partialitie doeth not derogate but corroborate the title of my Soueraigne Lord vnto the Realme foresaid But the chief question wherein I doe most cavill and calumniat is this If a Prince hauing Ius sanguinis to an other Realme as this present King of France Henrie the 4. beeing but King of Nauarre had to the Realme of France and as my soueraigne Lord hath to that of England if anie Positiue Law of that Realme where he should succeede can iustlie seclude him Whereunto my answere is negatiue impugning my former affirmation first in Thesi syne in Hypothesi by these vrgent reasons and examples following In Thesi First Princes having no superiour power but the supreame Godhead they be only subiect to his lawes omnibus alijs legibus humanis soluti dicuntur and if of their naturall pietie or goodnesse they shall humble them self to be subiect therevnto as Theodosius Valentinian seemed to advyse them saying Digna vox Principe Legibus se subditum esse fateri that subiection or rather moderation est voluntatis non necessitatis officium Which assertion is founded vpon good reason for if forraine Lawes should binde them then were they vassals no Princes if domestick lawes then shoulde they be astricted to punition in cace of transgression and to be astricted to punition is a manifest subiection no soveraignitie Next althogh it may be said that the Prince in his Fisque and in manie vther things quae sunt privati iuris is subiect to the Lawe yet neither may hee nor his crown be bound in ijs quae sunt iuris publici * Atqui ius Regiae successionis publicum est cùm omnes ●●…uitates sint publicae As also the same may bee verefied by all the titles of the Lawe conceiued of Dignities and Magistrates both in the Digestes and Code Thirdlie if anie Lawe may be extended to the crowne or Prince they suld bee expreshe mentioned therein speciallie where the Law is exclusiue dinisiue or obligatorie and for this cause the Law excluding the femals à feudis the Lawe of division of heritage inter fratres sorores the Lawe oblishing the successor with the goods of the defunct to pay his debts binds not the crowne when the crowne is not expressed per rationis sdentitatem the Law contra peregrinos conceiued simply without mention of the crown may not be extended therevnto To affirme the contrary heerof and to alleadge that Iura successionis haereditaria which be made in any Realme suld binde the Prince aswell as the people because they bee made within the Realme which he hes or pretends to haue is to sturre vp sedition yea it is as absurde and inept as to persew a Shiref or a whole Prouince for fulfilling all contracts made within his jurifdiction or within the precinct of the said Prouince or as who should think the Schoole-maister subiect to the order appointed by him self for ruling his Disciples Perdlie to this houre there can bee no example exhibite where anie having the title of blood to the crowne of England with power and courage to bear out the same that any Positiue law hath barred them For proof whereof I will vse onlie such examples as be most recent The Positiue lawes made in Henrie the sixt his time against Edward Duke of Yorke did not impeshe him nor his race from the crowne nor the bitter statuts made by Richard the vsurper against that most magnanime Prince of worthie memorie Henrie the 7. did not seclude him from the right which he had both by God and nature Yea in our dayes the manifold Lawes and libels defamatours made against the most christian King present could not impesh him from the crowne of France Now in Hypothesi I cum to examine such Positiue Lawes as bee obiected against the King my soueraignes title of which kinde there bee speciallie two One auncient an other later To impugne the ancient I take my first argument from the Rubricke or Intitulation thereof bearing these words De ceux qui sont nez outre ou de la mer. i. De trans mare natis By which Rubricke or argument it is verie probable that this stature in the originall thereof did not containe this word Peregrinis for the tenour of a Lawe shoulde not exceed the nature or substance of the title and so it should not preiudge his Maiestie who is borne within the said Yland As also to them that will indifferentlie marke the drift and intention of that statute they shall finde ittend onelie against children borne without the four seas which compasse the said yland whereby Scotland is no more secluded nor Wales Cornewall And so it is not improbable which some alleadge that the Rubrique foresaid should be De Peregrinis trans mare natis non De Peregrinis trans mare natis Secondlie because the