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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