Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	great_a	king_n	normandy_n	4,212	5	10.9535	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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