THE PALINOD OF IOHN COLVILL, WHEREIN HE DOTH PEnitently recant his former proud offences, specially that treasonable discourse latelie 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.
EDINBVRGH Printed by Robert Charteris. 1600.
TO THE READER.
BEhold heere (gentle Reader) a strange spectacle of a man tormented vvith the rack of his ovvne conscience, vvho as he vvas not affrayed to spevv out of his knovvledge and vvilfullie, the gall and venome of a malitious heart, against his sacred Prince, of vvhom he had in most bountifull manner receivedmanie Princelie favors, so novv doth he not stick resolutelie to proclaime before the heavens and the earth, that he is forced to eat vp that same filthie vomit, and to speak more bitterlie a thousand folde against himself, then anie man else could: and so much the more, as he vvas more privie to the faults, and anguishes of his ovvn soule, then any others could be. The vvork I haue published as it came to my hands, vvithout adding any thing ther to, or diminishing ought therfrom, or altering any part therof presuming that the same should neither be offensiue to his Maiestie, for vvhose privat satisfaction it vvas first penned, or displeasing to M. Iohn Coluill the authour therof: vvhom thou mayest assure thy self vpon the credite both of honorable and honest persons to haue purposelie vvritten and signed the same vvith his ovvne hand & most humblie vpon his knees, in the presence of the Erles of Argyle & Craufurd to haue deliuered it to the L. Archbishop of Glasgovv, his Maiest. Ambassadour in France, most earnestly craving, that his Lordship (vvithout any intercession for him) vvould only vouchsafe to present it to his Maiesties vievv, not in any hope that in reason he could conceiue of any favour or pardon from his highnesse thereby, but rather to disbur then his ovvn fraughted conscience, pressed dovvn vvith a vvaight of sorrovv, heauier than the mountain Aethna. Which reasonable petition vvhat stonie heart could denie to him, vvho seemes to think no shame to be a sufficient reuenge taken of himself, vvho vvith so [Page] high a hand, had reuyled the annointed of the Lord▪ & doth novv by this, as vvith a loud trumpet proclaime to all subiects,
‘Discite Iustitiam moniti. &c.’
And trulie (good Reader) notvvithstanding hypocrisie is of all sinnes the moste close and secrete, and most hardlie remooued, and that (as he doth confesse of himself) that he hath had a most subtile and vndiscernable vaile of it: yet remember the common saying, that the man runnes far vvho neuer returnes, and that in charity vve are to conceyue and hope his repentance to be vnfained, vvhich vve may boldly and confidētly affirme, if to this good beginning he shall add of his feruent zeale, to beare testimonie to the truth, a plaine and perfite discouerie of all manner of plots & treacheries, intended against the Kings Maiesty, by himself or others to his knovvledge, vvhich the great King of Kings vvould neuer haue to be concealed: & lykevvise of all manner of persons subiects or aliens, vvho hath either of malice to his Maiesty, or loue to himself, bene contriuers, entysers, prouokers, counsellers, adoers, or assisters to any such mischeuous enterprises, as directly or indirectly could subuert, or anie vvise harme his Maiesties Royall person, croun, title, honour, state, or dignity, and by consequence might dravv vvith them the confusion and ruine both of the Kirk and Common vveale. To vvhich, no doubt, all his honest friends vvill earnestlie incite him, and his conscience (if it be sinceare) vvill prick him, and for vvhich all good and religious persons vvill highlie commend him, seing heerby God shall be glorified, his Maiesties safetie and honour continued, his countrie preserued, and the Kirk fully satisfied in his harty conuersion and repentance.
THE PALINOD OF IOHN COLVILL, Wherin he doth penitentlie recant his former proud offences, specially that treasonable discoúrse lately made by him, against the vndoubted, & indenyable title of his dread soueraigne Lord, King IAMES the sixt, vnto the crown of England, after decease of her Maiestie present.
IF my onelie name mentioned in the inscription of this my recantation shal make my discourse odious, I can not meruell, seing I am becum for my treasonable naughtinesse lothsome and odious to my selfe, my conscience not only standing vp as a thousand witnesses against mee, testifying the heynousnesse of my transgression, but also furnishing within my self, against my self, all other necessarie members of a lawfull court to condemne mee, shee being my actor, assise, Iudge, dempster and burreau, ieaning and tormenting mee with vnspeakable terrors, whereof I neuer could finde rest or quietnesse, till God of his infinite mercie knowing my weaknesse and imbecillitie to be such, as without help I could neuer ryse, did send vnto mee a Nathan, whereas I lay lethargicke in my former desperation, without sense or feeling of the dangerous estate I [Page] was into, who letting mee see and feall the deepe & dolour of my Aposteme (which of before as a blinde and leprous person I did neither see nor feele) incontinent I waxed exstatick and astonished, as if without my knowledge I had found a snake hid in my bosome not knowing the meanes how to be ridd thereof. So remaining some dayes in this inquietude the foresaid Nathan, or rather Eliseus appointed by God to cure my leprosie, finding mee in this perplexitie, began to comfort mee in manner following: saying, My friend, I haue let you see and feele an hid & horrible Aposteme, the dolour whereof, if you haue an soule, must needes torment you in pitifull manner. Now to ease you of this dolour, I will minister vnto you an vnexspected medecine, for the inexspected wound that I haue opened vp vnto you: letting you vnderstand that as your proud enormity is three-fold, so must you make a threefold satisfaction: one to God whome against your conscience, as you your selfe confesse▪ you haue offended, in offending his annointed your Lord and Soueraigne, and in this point I remit you to your owne priuate meditation, wishing you to bewar of hypocrisie, as you would incurre or escape eternall damnation. Another satisfaction is due to your Prince, wherein you cannot better declare your vnfeined repentance, than to blesse with the same tongue that hes blasphemed: and with the same hand that did write against the veritie, to publish your owne lewdnes and vnloyaltie, to his Maiesties [Page] honour, & your owne turpitude. And this forme of doing by all appearance shal also satisfie the third partie whome you haue exasperate, to wit, all good subiectes scandalized by your presumpteous and arrogant misbehauiour: the rather when as they shal see your repentance voluntare, and not constrained, & your self free and no prisoner. The Oliue branche was not more welcome to Noah, nor to the creple, Tolle grabatum tuum & ambula, then this advyse was vnto mee, for fulfilling whereof my verie 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 [Page] 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, [Page] 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 [Page] 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 [Page] 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 [Page] 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.
[Page]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 [Page] 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 [Page] 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: [Page] 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 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 [Page] 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 cō passe 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 foū ded [Page] 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 [Page] 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 [Page] 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 [Page] 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: [Page] 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: [Page] 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 birthright. 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, [Page] 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 [Page] 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 Chā cellarie, to be cancellat, lacerate, and destroyed as a thing indigne to 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.
[Page]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, [Page] 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 [Page] 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 cō scienceles 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 [Page] 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 hū bled 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 spē ded, wherin he had not done some work of cōpassion. [Page] 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 incredible: who when they were most ▪ opinatre against him, his Maiestie laked [...] not ▪ bontifeus to animate him to fire and sworde, [...] and to all violent vindications vppon his inobedient townes and subiects, yet his answere euer was, Voulez vous que ie ne soy que Roy des cendres & des Cemiters.
But his patience aboue all toward George L'apostre (a man both learned and eloquent) is remarkeable: for not withstanding the said George had written many iniurious and irreuerent pamphlets against his person and title, yet his Maiestie receaued him gratiouslie without recitall of anie offence past. For which benigntie the said George hes changed his style, & hath alreadie begun in a treatise mosse exquisitelie written, to conferre, yea, to prefer his Soueraigne in prowesse, pitie, and in all other Princelie parts to Iulius Caesar, and some day will serue him for a Virgill and Homer.
To this same purpose of clemencie Clemens Romanus in constitutionibus Apostolicis lib. 1. inquit, Aequum est vt in iudicando Dei sententiam sequamur, & vt ille iudicat peccatores, modo poenitentes, ita & tu iudices. Nonne Dauidem inpuluere stratum, Ionam in ventre Balenae lugentem, Ezechiā [Page] lachrymantem, Manassem in vinculis languentem, &c. crimine liberauit? Publicani, Petri, Magdalenae, Filij perditi, Ovis errantis exempla & parabolae misericordiam diuinam abunde praedicant. Asceleribus peccantium, non ab eorum consortie abstinendum Christi cum Publicanis conuersatio indicat. Sed hîc iudicio opus est, quibus parcendum, quibus non. Hactenus Clemens. Cui non ineptè respondere videtur Citero, 2. de natura Deorum dicens: Sipoenitentibus grates habendae sunt, illis fiant qui voluntariè, non necessariò, liberi, non captiui, resipiscunt.
Of which number although I may without ostentation affirme my selfe, yet vnflattering my self I must also confesse, that no satisfaction, no expiation, no merite of myne present or future, can deserue mercy, without his Maiesties extraordinar grace: for in all degrees that a passionat lyer, calumniator, blasphemer, yea an Atheist could in thoght, worde, or write offend his Prince, I haue offended: and in such sort, as if his Maiestie shall think my crime irremissible, hee neither ceases to be mercifull, nor no other offender should take occasion to doubt thereof, because none hes or can offend so desperatlie as I haue done. The remorse and sorrow whereof hath so cauterized my wounded conscience, that I protest before God and his holie Angels, neuer to pardon my self, howsoeuer his Maiesties pleasure be to accept of my penitencie. But to close this digression, since the practise of this mercie and benignitie (which is the visible image of God) was neuer more liuelie expressed in any Prince nor in my soveraigne Lord, to perswad him vnto that which hee dailie practises, were superstuous, or to [Page] bring anie other example but himself (the examplar and pattern thereof) were a matter iniurious. For what is the man of account within his Realme, that hath not tasted of his mercie? Or who vnfenzetlie repenting, needed euer to doubt of reconciliation, and not only of reconciliation, but of reward? as one not delyting in the blood of his people, but in their benevolence, a father to orphelings, a warrand to wedowes, a fortresse to forlorne, a refuge to al that haue recourse vnto him: and in one word,
O miserable vnhappie wretche that Iam in offending so beastlie a Maiestie so bening, and yet neither miserable nor vnhappie in respect of his naturall humanitie which holdes mee in hope against hope.
Now for Catastrophe of this my recantation, since I haue refelled my former cauillations so penitently and pithyly as I could: First I humblie implore the beneuolence and pitie of the Reader, & of all others [Page] skandalized by my lewd example, seeing my deplorable estate is more to bee pitied, nor enuied: as also though I haue most worthelie procured the ire of all honest men, yet my misery makes me vnworthy therof. For what am I but a dead Dog, stipula sicca, & folium quod vento rapitur. To eik affliction to my affliction, est cum larvis luctari,
Next if anie thing be omitted herein that may be thought necessarie for his Maiesties satisfaction, beeing aduertised thereof I shall indelaitlie adde and enlarge the same: Protesting notwithstanding, that if I haue forget anie materiall point, it is of no fraud or malice, but for lack of better knowledge, as by the originall invectiue all written with my owne hand, & deliuered to an honorable person his Maiesties most loyall subiect will in the owne time appeare. Moreouer, if by anie malitious person anie thing bee added or put out in my name, more nor I haue said, I shall Godwilling disburthen my self dewtifullie, & charge the authors thereof in such sort, as perhaps shall bee to his Maiesties contentment, and litle to their credite, and that indelaitly after the same shall come to my knowledge.
Thirdlie, since God of his infinite mercy hes blessed our poore Realme of Scotland with a Prince so learned, so wise, so clement, so godly: my exhortation is that no offender his present subiect, or that may be hereafter, doubt of his benignitie and grace, seeing [Page] the daily experience we haue of the same: speciallie, whosoeuer hes priuatlie or opinlie participate with mee of my lewdnes or rebellion, I beseech them also for safetie both of soule and bodie, to ioine with mee in my rescipiscence: for they may be well assured that the hand of the Omnipotent (if not his Maiesties hand) will finde them out some day, either by sea or land to their confusion, if they incline not to speedie and penitent conuersion. And heerewithall I would wish such as haue bene so happy as not to offend, that they may remaine constant and loyall to the end, to the effect that all may vnanimelie concurre to incres his Maiesties greatnes, and to advance his most equitable possibilities, burying their own particular querrels, and abstaining vpon whatsoeuer respect to make *Remuemens or commotiōs within his Realm, much [...]urres lesse against him self. For if the most inward and irreprehensible seruants of God in ages past (as is before said) did for conscience sake without murmuration or mutinerie, obey idolatrons and infidell Princes, what reason can we haue that be corrupted, & 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: [Page] (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 recō mend 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 Cō petitors [Page] 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 [Page] 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 tenē tur: [...]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 [Page] 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.
Neither can they pleasure me anie more
So since I am inutile to the world, and the world vncouth to mee, my pleasure shal be a priuat and reteered [Page] 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.