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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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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
said Law was proponed in the 25 yeare of the raigne of Edward the 3. vppon a question mooued If children borne out of his alleageance might possesse heritage within England Whereunto was answered and enacted that all children borne ouersea hauing their Parents at the time of their birth at the faith and obedience of the croun of England should enioy alike benefite priuiledge as other heires borne within the Realm so the statute is a generall affirmatiue for that particular and the argument obiected therupon is â contrario sensu which kinde of argument prooues nothing For if I should say Omnis homo est animal Ergo quod non est homo non est animal the consequent wer false and therefore is the decision of the Law Argumentum à contrario sensu nō procedit in verbis narratiuis Legis Nec etiam in verbis dispositiuis Legis when that argument is inferred to correct or reforme the common Law like as in this cace it doth by drawing the Law contra trans mare natos in a specialitie contrair the common Lawe to the prejudice of higher powers which be not vnder the power or cōpasse of humane lawes and for this cause the other ancient decision is contrair to their intention wherin is said Argumentum á contrario sensu non procedit vbi sequitur correctio Iuris cōmunis in specie Thirdly the words of the said statute running vpon and so oft expressing heires and inheritance declares the meaning therof onlie to be directed for priuat persons who must succeede to their antecessors Iure haereditario for Princes succeede aswell Iure familiae as Iure haereditario ordinis naturae beneficio non hominis and are not as priuate mē astricted to enter cum onere debitorū but they enter as pleases them the one or the other way to the end their crownes bee not exhaust and exsorbed so the saide statute beeing conceaued for the vse of priuate men allanerly that must enter as heires and no other way it cannot preiudge his Maiestie who may enter an other way viz. per Ius familiae apperteining to all Princes Soveraigne Ferdlie seeing this Law against strangers was foūded vpon two respects which pertaine onlie to priuat men and not to Princes it can no way strike vppon them The first respect was grounded vpon the consideration of loyaltie Quia duorum Principum summorum vnus subditus esse non potest agreeable vnto that of the Evangell Nemo potest duobus dominis seruire The other respect was to saue transport of gold and siluer and other defended commodities and to cut off the occasion of priuate intelligence practises For which cause in France was made Ius albinatus as the practisians testifie Now in the person of a Royall successor these considerations of loyaltie transport and intelligence are not to be feared Fiftlie in Realmes where most strait Lawes bee kept against strangers as in France that Ius albinatus forsaid by which of necessity all strangers that would testate or succeed they must be naturalized with this clause modò sint Regnicolae yet Princes haue succeeded and do succeede to great lands and Dignities within that Realme without anie benefite of naturalization as the old Kings of Nauarre borne out of France to manie fair lands in Guyen and Languedok The D. of Lorane to the Dukerie of Bar yea of old the kings of England to the ample Dukeries of Aquitane Aniou Normandie and Britaignie and that because soveraignes are presumed euerie one to be brethren to other and being brethren it wer indigne to esteeme them externe or strangers and inept to make them subiect to Lawes of alleageance which be onely proper to subiects and vassals Sixtlie the clause conteined in the said pretended act excepting Les Enfans du Roy doth exeeme the king my soveraigne out of the compasse thereof for that word Enfans is in the Latine Liberi and be Liberi in the originall and right signification is not only meaned children in primogradu but also Nepotes pronepotes natinatorum qui nascentur ab illis Et ●…os omnes qui ex nepotibus descendunt lex duodecim tabularum filiorum nomine comprehendit Seuenthlie this Law foresaid de albinatu although conceaued generallie yet could it not bee extended to the crowne aswell as to the subiect and therefore the wise and learned did deuise the Lawe Salique for the succession Royall Last if this statute against forrain birth take place then shall manie absurde inconuenients follow therupon First Princes the ornament bewtie and light of the world without whome were nothing but darknesse disorder confusion they should be in worse condition nor the moste ignoble subiect of their Realme for by that Law subiects may euer succeed hauing their parents subiects but Princes cannot haue that immunitie because their Parents were neuer subiects Againe if a Prince for honor of his Realm or for securitie or enlarging therof shall matche him self or his children with a forraine nation where hee or they beget children what barbarous iniquitie wer it to preiudge the parents remaining abroad for so honorable causes or to hurte the innocent children for a matter which lay not in their power to mend Now for particular examples to illustrate these argumentes I alledge but a fewe both before and after the conquest to shewe that forraine birth makes not incapabilitie to the crowne of England Edward the King Confessor before the conquest did cal home out of Hungarie his Nevoy Edward surnamed Vdislae borne in Hungarie who deing before the king his Vncle the same King Edward declared Edgar Athelin sonne to the said Vdislae borne also in Hungarie to be iust heritor albeit he was afterward defrauded thereof And after the Conquest Richard the first going to conqueis Ierusalem institute his Nevoy Arthur who was borne in Britaignie young Duke thereof to be his successor Like as king Stephan and King Henrie the 2. were both borne in France their Parents not being of the alleageance of England yet they were capable of the crowne of England The vther argument wherewith they impugne his Maiesties title is grounded vppon a statute made in the 28. yeare of the raigne of Henrie the 8. of worthy memorie wherein by consent of his Estates in Parliament is graunted vnto him full power by his letters Patents or by his Testament signed with his hand to declair determine and designe the successour of the crowne in cace his owne children should faile without issue of their owne bodies and the said crown to bee established in the person of the said successor by way of reversion or retour as they call it By vertue of this authoritie or arrest of Parliament giuen to the said noble Prince our aduersares doe alledge that by his latter Will or Testament he did institute and ordaine the succession of Francoyse Countesse of Suffolke his Neice by Marie his youngest sister to