Selected quad for the lemma: nature_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nature_n	humane_a	law_n	positive_a	2,470	5	10.9031	5	false

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

secreat teares requiring neither vaunting nor witnes Ille dolet verè qui sine teste dolet and this my publict recantation shal beare testimonie to the world In which recantation I will not go about to declare what pretended necessities may moue men vnto but setting aside all excuses I acknowledge in humilitie that no such occasiō can be offered by a Prince as can make a good subiect declyne as I haue done For the Prince is the immediat Lord of our bodies and of all our worldlie fortunes hauing power to dispo●e thereupon at his pleasure as Saint Ambrose doth confes Epist 33. ad Marcellinam sororem Whereof Samuel in the originall institution of a King hes left to all posterities an indenyable testimonie So Princes beeing as it were Gods of the earth they are not answerable to earthly men bot to the supreme Godhead allanerlie and we their Vassals doe as they list to vs can haue no warrand to go further nor Samuel did go viz. to pray for them till God forbid and if he should forbid yet neuer to loose our tongue nor lift our hart nor hand or animat the people against them more nor Samuel Dauid the annointed successor did against Saul and Elias against Achab. And to this effect are pronounced all those golden sentences Omnis anima potestatibus superioribus subdita sit Reddite Caesari quod Caesaris est Obedite Principibus etiam discolis Together with the louable example of some Prophetes that did pray for the felicity of infidell Princes obeying and exhorting others to obey them I am not then to extenuat but to aggrauat my offences accusing not excusing my self And in one word Christian Reader vnto whose hands this Recantation witnes of my vnworthines may come I pray thee read it with patience pitie and iudge with thy selfe if I haue not iust occasion to lament my estate since neither at God nor my Princes hands I can look for anie thing but iust deserued punition both heere and hence except of grace they haue pitie on mee Take mee for an example of vnhappines and as a Mirrour wherein thou may see what is deforme and vnseemlie to them that woulde remain in honest reputation and howe easilie it may be lost that is most difficill to be found Of one thing I may assure thee as is before said that my behauior cannot seeme half so detestable to thee as it is to my self wherof thou may in thy owne person haue experience in cace which God forbid thou fall as I haue done Wherefore I pray Almightie God of his mercie that as my actions haue bene offensiue to manie so my repentance may not only be acceptabil to manie but also a caveat for all to flee such dangerous disloyall courses wherin skarce one of a thousand ca escape That same Almightie God graunt vnto thee a better minde and better fortune and vnto mee a better answere and end nor my former lyfe hes deserued AS the wounded Vrse or wyldegoat seeking his Origane doth with his filthie some and breath infect all other hearbes and as the Waspe of good and bad flowrs gathereth no thing but poison Euen so a man wounded with malice and curiositie doth vitiat and wrest whatsoeuer subiect he taketh in hand delyting more to defend lies nor trueth improbabilities nor probabilities paradoxes shadowes in stead of Orthodoxe and substance and herevpon hes proceeded so manie idle and absurde opinions sum impugning the snow to be white or the Sunne hore some praising follie Cupid and manie other far more ridiculous toyes yea some presuming to deny Gods providence and God him selfe Lyke as out of this same puddle of malice curiositie did flow my late inuectiue against the King my soueraignes iuste title to the crowne of England wherin by Elenches and by no good arguments by sophistrie and no formal Syllogismes I labour to my eternall discredite to make white black and light darknes But as the Sun cannot alwaies be obscured with cloudes and as the gemme or pretious stone doeth not losse his vertue though he be couered with filth villanie no more can my partiall cavillations impeshe his Maiesties possibilities or diminish anie thing of his grandeur For as the steill the more it is vsed the lesse it doeth rouste a valiaunt knight the more he be assailed the more appeareth his valour and the more gold be tryed in the fire the more it is purified Euen so the more his Maiesties title be oppugned with frivolous sophistique contradiction the equitie and iustnesse therof is but the more manifested as by this refutation of my former naughtinesse shall euidentlie appeare Then to come to the purpose the scope of al my venemous satyre was to proue that his Maiestie had no iust title to the crown of England neither by divyne nor humane Lawe drawing my first Sophisme from the Law of nature in this sort By right or lawe of nature nothing is myne nor thine but all be common nothing proper and no proprietare Ergo be law of nature no proprietie can be acclaimed Heervnto is answered that in the libertie vsurped by mee in confounding Ius Legem that is to say Right and Law it being genus and this species I hyde my self in many starting holes whereof by distinction of these two words I am easily cut off Next the antecedent is fals For in the originall creation of all naturall things when as there could be no other Lawe but Ius naturae no Ius gentium nor civill because there was neither nation nor citie at that time Adam was Lord and proprietar of that originall place and of al naturall things therein contained as in Genesis the first and most ancient history is expressed So the antecedent beeing false the consequent can inferre no verity My second caption is grounded vpon the Etymologie or definition of the Law of Nations in this sort The right of Nations is that which equallie is obserued among all Nations but the right whereby his Maiestie would possesse the crown of England is not equallie obserued among all Nations Ergo c. By distinguishing or explaining the assumption the subtility of this caption is elided for although the Law of proximitie of blood wherupon his Maiesties title is grounded be not equallie obserued in all Nations yet all Nations admit the generall that is to say to haue Magistrates and superior powers confessing therwithal that these Magistrats or powers haue iust titles either by succession election or by some other forme aggreable to the nature of the countrie wher they are so the particular diversitie of customes in succession proceeding from the diuersitie of civill and municipall Lawes in euery Realme doeth not seclude the generall vniformitie of all Nations which sauing in such as be altogether barbarous quae pro beluis habendae sunt doe all holde that Magistrates haue iust titles to such kingdomes or Republiques as they be called vnto And therfore his Majesties tytle

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