Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	king_n	law_n	positive_a	3,676	5	11.2679	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

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

in a corrupted age to trouble or inquiet the Christian and moderate estate and gouernement of a Prince so moderate so Christian and one so accomplist with all vertues necessarie for his Royall vocation Pietatis Iustitiae prototocus Last of all my obleist dutie binding mee in all leasome manner to wish and procure the felicity of the Realme of England for manifold courtesies there receyued which with great fulnesse according to my meannesse I shall alwaies remember I cannot omit to present vnto them this friendlie remonstrance wherin the captious interpretations of cunning persons wherunto I shal be subiect cannot impeshe mee to vtter the sinceritie of a well affected friend affirming that the cheef worldly meane to continue their long enioyed prosperitie is tymouslie to set their minde vpon the King my Soueraigne their vndoubted second person by giuing vnto him some certain signification of his due and of their dutie For their silence is not without probable suspition that their mindes bee inclined and directed some other way whereby his Maiestie may take iust occasion to establish his pairtie by some other forraine course It is not yet so long agoe since the calamitie procured by the doubtful succession of the houses of York Lancaster distracting that nation in contrair factions but that the deplorable memorie thereof may yet serue for a present caveat and instruction To preuent such dangerous inconuenients God hes offred vnto them a meane and way which they may or rather should with reason policie and saue conscience vse and embrace as a singular blessing prouided to incresse their happinesse and to continue them in their former securitie For reason and good conscience doth recōmend vnto them the King of Scotland because he is the righteous successor and policie will perswade his preferment because he is a Prince and all other Cōpetitors within the Iland bee but subiectes he hes an auncient Realm to ioine vnto theirs he hes a princelie power to maintaine them against their enemies He hes the vniuersall loue and amity of all Christian Princes by vertue whereof if they were once known to be his subiects their merchands might traffick alwhere without danger and their Realme needed not to feare anie foraine invasion But if confiding in positiue Lawes and in their owne power they minde to bar him notwithstanding his iust title and all other commodities which he might import vnto them let them at least be terrified from such desperate induration by example of such as heretofore haue attempted and repented such like machinations For God Almightie is the authour and autorizer of all right speciallie in Realmes For defence whereof amongst his owne people he hes not onelie raised vp extraordinarlie both men and women as Iosue Sampson Debora and the rest of the Iudges to bee his champions but he hes vsed spirituall powers yea sometyme dumb elements to execute his vengeance vpon vniust vsurpers with their consorts and complices His Angell destroyed the host of Sennacherib The red sea devoured Pharao and all his chariots The fire was a fortresse and the cloudes a cabinet sor his people til they wer brought in possession of their promised inheritāce from which no might no slight could seclude them All histories be full of such examples but for auoyding tediousnesse I content mee with that onelie of the present King of France the ornament of this age because it is moste recent and remarkable What leagues what proiects what * monopoles what Machiauelian machinations was made against him But all in vaine Lapidem quem reprobauerunt aedificantes hic factus est in caput anguli Mirabile est in oculis nostris sed hoc factum est Domino contra quem nō est potest as non est virtus non est consilium By this my remonstrance my meaning is not seditiouslie to stirre vp anie faction or pairtie against her gracious Maiestie of England during her time For with my hart I wish vnto her a long peaceable and prosperous raigne knowing that her naturall inclination to justice kindnes and equitie will not suffer her to be vnkinde to her nearest neighbour Cousing and moste faithfull confederate nor so improuident for the securitie of her people amongst whom shee hes so long liued lyke the louing Pelican as to leaue them in such incertitude after her death that they shall not know whome to obey much lesse that shee shall establish anie Lawe to the preiudice of the lawfull successor whose patience should be a great perswasion to rander vnto him such arles and assurance of his possibilitie Quia vt intrantes egredientium moram quaentumuis prolixam patienter ferre debent ita egredientes aus possessores successoribus certa intrandi argumenta prastare tenētur ●e hi vanaspe illi quotidianis expostulationibus fatigat● querantur And as all louing the prosperitie of the Iland do wish this mutual correspondence to bee betwixt their Maiesties so no doubt the reciproque practise thereof should produce great loue and contentment betwixt them with no small felicitie present and future to the said Iland And this is the only scope and marke that I aime at as one now abhorring all ambition vnfit for anie preferment scorning all flatterie fearing no temporall feare nor establishing my felicitie vppon fragill worldlie esperances For my foote is alreadie in the graue Choreae baluea symphoniaci symposia fel absynthium Cibus nauseam potus vomitum prouocat Dies noctibus diebus noctes grauiores Appropinquant anni in quibus dicam non placent Commouentur custodes domus otiosae sunt molentes in minuto numero tenebrescunt videntes per foraminae consurgitur ad vocem volucris Amygdalus florere incipit locusta inpinguari dissipari cappar● funiculus argenteus conteri hydria aurearumpi Age and sicknesse the sergeants of death already charges me personallie apprehended least I should pretend ignorance to pay the due of nature Et somni breues insomnijsque perturbati Sororem pro foribus praestolari indicant Dies mei praeterierunt cogitationes meae dissipatae sunt torquētes animam meam Sicut arcus aut arator incuruatus sum Itaque vado dicere putredini pater meuses mater mea soror mea vermibus In this last period of my lothsom life these tē porall trūperies of fortune can yeeld mee no profite Non domus aut fundus non aeris aceruus auri Aegroto Domini deducunt corpore febres Neither can they pleasure me anie more Quàm lippum pictae tabulae fomenta podagram Auriculas cythara collecta sorde dolentes So since I am inutile to the world and the world vncouth to mee my pleasure shal be a priuat and reteered life if I can attaine thereunto and I will study to hinde vp all my treasure where roust cannot rotte nor theefrobbe To this effect as Elias ascending did willinglie let his mantle fall that it shoulde not empesh his transumption so will I not bee ashamed to quite the mantle of hypocrisy wherewith to this hour I haue couered a multitude of greeuous vices which alla●e with long habitude haue so possessed and ouerruled mee that the more I should liue the more I should offend God and my neighbour Propterea tadet me vitae meae cupio dissolui esse cum Christo. I haue too long remained in the Tentes of Kedar in diuersorijs Mesech where I haue bene a soiourner no Citizen a Pilgrime no Proprietare Now it is high time for me after so long exile and peregrination in this worldly desert and wildernesse to seek out my promised inheritance from which my long abode nor great vnloyaltie God assisting mee with his grace cannot seclude mee For by example of the forlorne Sonne Publicane I feare neither my insolence nor vnworthinesse By example of the labourers I hope to be rewarded as soone if not before them as them that haue trauelled from the break of day notwithstanding my latenes And by example of the faithfull Brigand I expect in the last article of my life that ioyfull verdite and sentence that was pronounced vnto him Hodiè me cum eris in Paradiso Io. Coluille 〈…〉 〈…〉 ⸪ 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 ●urres 〈…〉