THE PALINOD OF JOHN colvil, WHEREIN HE DOTH PEnitently recant his former proud offences, specially that treasonable discourse lately made by him against The undoubted and indeniable title of his dread Sovereign Lord, King JAMES the sixth, unto the crown of England, after decease of her Majesty present.  
EDINBURGH Printed by Robert Charteris. 1600.   

TO THE READER.  
BEhold here (gentle Reader) a strange spectacle of a man tormented with the rack of his own conscience, who as he was not afraid to spew out of his knowledge and wilfully, the gall and venom of a malicious heart, against his sacred Prince, of whom he had in most bountiful manner receivedmanie Princely favours, so now doth he not stick resolutely to proclaim before the heavens and the earth, that he is forced to eat up that same filthy vomit, and to speak more bitterly a thousand fold against himself, than any man else could: and so much the more, as he was more privy to the faults, and anguishs of his own soul, than any others could be. The work I have published as it came to my hands, without adding any thing there to, or diminishing aught therefrom, or altering any part thereof presuming that the same should neither be offensive to his Majesty, for whose private satisfaction it was first penned, or displeasing to M. john Coluill the author thereof: whom thou mayest assure thyself upon the credit both of honourable and honest persons to have purposely written and signed the same with his own hand & most humbly upon his knees, in the presence of the Earls of Argyle & Craufurd to have delivered it to the L. Archbishop of Glasgow, his Mayest. Ambassador in France, most earnestly craving, that his Lordship (without any intercession for him) would only vouchsafe to present it to his majesties view, not in any hope that in reason he could conceive of any favour or pardon from his highness thereby, but rather to disbur then his own fraughted conscience, pressed down with a weight of sorrow, heavier than the mountain Aethna. Which reasonable petition what stony heart could deny to him, who seems to think no shame to be a sufficient revenge taken of himself, who with so high a hand, had reviled the anointed of the Lord▪ & doth now by this, as with a loud trumpet proclaim to all subjects,  
Discite justitiam moniti. etc.  
And truly (good Reader) notwithstanding hypocrisy is of all sins the most close and secret, and most hardly removed, and that (as he doth confess of himself) that he hath had a most subtle and undiscernible vail of it: yet remember the common saying, that the man runs far who never returns, and that in charity we are to conceive and hope his repentance to be unfeigned, which we may boldly and confidently affirm, if to this good beginning he shall add of his fervent zeal, to bear testimony to the truth, a plain and perfit discovery of all manner of plots & treacheries, intended against the King's Majesty, by himself or others to his knowledge, which the great King of Kings would never have to be concealed: & likewise of all manner of persons subjects or aliens, who hath either of malice to his Majesty, or love to himself, been contrivers, entysers, provokers, counsellors, adoers, or assisters to any such mischievous enterprises, as directly or indirectly could subvert, or any wise harm his majesties Royal person, crown, title, honour, state, or dignity, and by consequence might draw with them the confusion and ruin both of the Kirk and Common weal. To which, no doubt, all his honest friends will earnestly incite him, and his conscience (if it be sincere) will prick him, and for which all good and religious persons will highly commend him, seeing hereby God shall be glorified, his majesties safety and honour continued, his country preserved, and the Kirk fully satisfied in his hearty conversion and repentance.  
Farewell. A. C.   

THE PALINOD OF JOHN colvil, Wherein he doth penitently recant his former proud offences, specially that treasonable discoúrse lately made by him, against the undoubted, & indenyable title of his dread sovereign Lord, King JAMES the sixth, unto the crown of England, after decease of her Majesty present.  
IF my only name mentioned in the inscription of this my recantation shall make my discourse odious, I can not marvel, seeing I am becum for my treasonable naughtiness loathsome and odious to myself, my conscience not only standing up as a thousand witnesses against me, testifying the heinousness of my transgression, but also furnishing within myself, against myself, all other necessary members of a lawful court to condemn me, she being my actor, assize, judge, dempster and burreau, ieaning and tormenting me with unspeakable terrors, whereof I never could find rest or quietness, till God of his infinite mercy knowing my weakness and imbecility to be such, as without help I could never rise, did send unto me a Nathan, whereas I lay lethargic in my former desperation, without sense or feeling of the dangerous estate I was into, who letting me see and feall the deep & dolour of my Aposteme (which of before as a blind and leprous person I did neither see nor feel) incontinent I waxed eecstatic and astonished, as if without my knowledge I had found a snake hid in my bosom not knowing the means how to be rid thereof. So remaining some days in this inquietude the foresaid Nathan, or rather Eliseus appointed by God to cure my leprosy, finding me in this perplexity, began to comfort me in manner following: saying, My friend, I have let you see and feel an hid & horrible apostume, the dolour whereof, if you have an soul, must needs torment you in pitiful manner. Now to ease you of this dolour, I will minister unto you an unexpected medicine, for the inexspected wound that I have opened up unto you: letting you understand that as your proud enormity is threefold, so must you make a threefold satisfaction: one to God whom against your conscience, as you yourself confess▪ you have offended, in offending his anointed your Lord and Sovereign, and in this point I remit you to your own private meditation, wishing you to beware of hypocrisy, as you would incur or escape eternal damnation. Another satisfaction is due to your Prince, wherein you cannot better declare your unfeigned repentance, than to bless with the same tongue that hes blasphemed: and with the same hand that did write against the verity, to publish your own lewdness and unloyaltie, to his majesties honour, & your own turpitude. And this form of doing by all appearance shall also satisfy the third party whom you have exasperate, to wit, all good subjects scandalised by your presumptuous and arrogant misbehaviour: the rather when as they shall see your repentance voluntare, and not constrained, & yourself free and no prisoner. The Olive branch was not more welcome to Noah, nor to the cripple, Tolle grabatum tuum & ambula, than this advise was unto me, for fulfilling whereof my very secret tears, (requiring neither vaunting nor witness, Ille dolet verè, qui sine teste dolet) and this my public recantation shall bear testimony to the world. In which recantation, I will not go about to declare what pretended necessities may move men unto: but setting aside all excuses, I acknowledge in humility that no such occasion can be offered by a Prince, as can make a good subject decline, as I have done. For the Prince is the immediate Lord of our bodies, and of all our worldly fortunes, having power to dispo●e thereupon at his pleasure, as Saint Ambrose doth confess, Epist. 33. ad Marcellinam sororem. Whereof Samuel in the original institution of a King hes left to all posterities an indenyable testimony: So Princes being as it were Gods of the earth, they are not answerable to earthly men, bot to the supreme Godhead allanerlie: and we their Vassals, do as they list to us, can have no warrant to go further, nor Samuel did go, viz. to pray for them till God forbid: and if he should forbid, yet never to lose our tongue, nor lift our heart nor hand, or animat the people against them, more nor Samuel & David the anointed 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 lovable example of some Prophets that did pray for the felicity of infidel Princes, obeying and exhorting others to obey them. I am not then to extenuat, but to aggravat my offences, accusing, not excusing myself: And in one word, Christian Reader (unto whose hands, this Recantation witness of my unworthiness, may come) I pray thee read it with patience & pity, and judge with thyself, if I have not just occasion to lament my estate, since neither at God, nor my Prince's hands I can look for any thing, but just deserved punition, both here and hence, except of grace they have pity on me. Take me for an example of unhappiness, and as a Mirror wherein thou may see what is deform and unseemly to them that would remain in honest reputation, and how easily it may be lost, that is most difficile to be found. Of one thing I may assure thee (as is before said) that my behaviour cannot seem half so detestable to thee, as it is to myself, whereof thou may in thy own person have experience, in case (which God forbid) thou fall as I have done. Wherefore I pray Almighty God of his mercy, that as my actions have been offensive to many, so my repentance may not only be acceptabil to many, but also a caveat for all to flee such dangerous & disloyal courses, wherein scarce one of a thousand ca escape. That same Almighty God grant unto thee a better mind and better fortune, and unto me a better answer, and end, nor my former life hes deserved.  
AS the wounded Vrse or wyldegoat seeking his Origane, doth with his filthy some and breath infect all other herbs: and as the Wasp of good and bad flowers gathereth no thing but poison: Even so a man wounded with malice and curiosity, doth vitiat and wrest whatsoever subject he taketh in hand, delighting more to defend lies nor truth, improbabilities nor probabilities, paradoxes & shadows in stead of Orthodox and substance: and hereupon hes proceeded so many idle and absurd opinions, sum impugning the snow to be white, or the Sun hore, some praising folly, Cupid, and many other far more ridiculous toys, yea some presuming to deny God's providence and God himself. Like as out of this same puddle of malice & curiosity, did flow my late invective against the King my sovereigns' just title to the crown of England, wherein by Elenches, and by no good arguments, by sophistry, and no formal Syllogisms, I labour, to my eternal discredit, to make white black, and light darkness. But as the Sun cannot always be obscured with clouds, and as the gem or precious stone doth not loss his virtue, though he be covered with filth & villainy: no more can my partial cavillations impeshe his majesties possibilities, or diminish any thing of his grandeur. For as the steill the more it is used the less it doth roust: a valiant knight the more he be assailed, the more appeareth his valour: and the more gold be tried in the fire the more it is purified: Even so the more his majesties title be oppugned with frivolous sophistique contradiction: the equity and justness thereof is but the more manifested, as by this refutation of my former naughtiness, shall evidently appear.  
Then to come to the purpose, the scope of all my venomous satire, was to prove that his Majesty had no just title to the crown of England, neither by divine nor human Law, drawing my first Sophism from the Law of nature in this sort.  
By right or law of nature nothing is mine nor thine: but all be common, nothing proper, and no proprietare: Ergo, be law of nature no propriety can be acclaimed.  
Hereunto is answered, that in the liberty usurped by me in confounding Ius & Legem, that is to say. Right and Law, (it being genus, and this species:) I hide myself in many starting holes, whereof by distinction of these two words I am easily cut off. Next the antecedent is fals. For in the original creation of all natural things, when as there could be no other Law but Ius naturae, no Ius gentium nor civil, because there was neither nation nor city at that time, Adam was Lord and proprietar of that original place, and of all natural things therein contained: as in Genesis the first and most ancient history is expressed. So the antecedent being false, the consequent can infer no verity.  
My second caption is grounded upon the Etymology or definition of the Law of Nations in this sort.  
The right of Nations is that which equally is observed among all Nations: but the right whereby his Majesty would possess the crown of England is not equally observed among all Nations: Ergo, etc.  
By distinguishing or explaining the assumption the subtlety of this caption is elided: for although the Law of proximity of blood (whereupon his majesties title is grounded) be not equally observed in all Nations, yet all Nations admit the general: that is to say, to have Magistrates and superior powers, confessing therewithal that these Magistrates or powers have just titles either by succession, election, or by some other form agreeable to the nature of the country where they are: so the particular diversity of customs in succession proceeding from the diversity of civil and municipal Laws in every Realm, doth not seclude the general uniformity of all Nations which (saving in such as be altogether barbarous, & quae pro beluis habendae sunt) do all hold that Magistrates have just titles to such kingdoms or Republics as they be called unto. And therefore his Majesty's title doth not disaccord, but accord with the right of Nations ingenere.  
My third captioun grounded on the civil Law is so confused and cautelous, that it cannot well be reduced to any form: I will therefore with this clear demonstration open up and impugn the same. As for the civil Law, if we mean the Roman or imperial to the Emperors, their selves have confirmed and observed jura sanguinis, following Edicta Praetorum, unde Liberi, unde Legitimi, unde Cognati. And if thereby we shall understand the Municipal or common Law of every Realm: then may it be evidently proved that every Realm hes provided and established fundamental Laws for maintaining the blood Royal in the right line. Whereby it is evident, that by the Law Civil, in what sense soever it be taken, his Majesty hath a most just claim and competition.  
As to the Law Divine, by the history of jacob & Esau may appear, what respect and preferment was given to Primogenitur, or first-birth, seeing jacob, though he was elected, did pretend no right thereto, until his elder brother did renounce and abjure the same. And in Numeri the same prerogative is confirmed to the eldest: and every one ordained to succeed according to proximity of blood. herewithal the lineal succession of the Kings of juda, from father to children, and failing thereof, to nearest kinsmen, doth manifestly prove this Ius sanguinis to have been authorized as well in the Pallice, as amongst the people.  
Neither can that of Moses in Deuteronom. be omitted: ubi Odiosae Filius primogenitus dilectae Filio praeferri iubetur, such was the respect of primogenitur. And albeit this right of primogenitur was altered in jacob, joseph, Solomon, and some others: yet such few particular exceptions, done at the special command of God, (whose pleasure is reason, and whose power hes no limitation) doth not abolish the general Law more nor the particular fact of Phineas doth abolish the general Law against homicide: or the Polygamy and incest of the patriarchs, destroy the Law against Incest and Adultery. Then the Law of God, (howsoever I have wrested the same in my former partiality) doth not derogate, but corroborate the title of my Sovereign Lord, unto the Realm foresaid.  
But the chief question wherein I do most cavil, and calumniat is this, If a Prince having Ius sanguinis to an other Realm, (as this present King of France, Henry the 4. being but King of Navarre had to the Realm of France, and as my sovereign Lord hath to that of England) if any Positive Law of that Realm where he should succeed, can justly seclude him? Whereunto my answer is negative: impugning my former affirmation first in Thesi, sign in Hypothesi, by these urgent reasons and examples following. In Thesi.  
First, Princes having no superior power but the supreme Godhead, they be only subject to his laws & omnibus aliis legibus humanis soluti dicuntur, and if of their natural piety or goodness they shall humble themself to be subject thereunto, (as Theodosius & Valentinian seemed to advise them, saying, Digna vox Principe Legibus se subditum esse fateri) that subjection or rather moderation est voluntatis, non necessitatis officium. Which assertion is founded upon good reason: for if foreign Laws should bind them, than were they vassals & no Princes: if domestic laws, than should they be astricted to punition, in case of transgression, and to be astricted to punition, is a manifest subjection, no sovereignty.  
Next, although it may be said that the Prince in his 
〈…〉  Fisque, and in many uther things quae sunt privati juris, is subject to the Law: yet neither may he nor his crown be bound in iis quae sunt juris publici. * Atqui ius Regiae successionis publicum est, cum omnes ●●…uitates sint publicae. As also the same may be verified by all the titles of the Law conceived of Dignities and Magistrates, both in the Digests and Code.  
thirdly, if any Law may be extended to the crown or Prince, they should be expreshe mentioned therein: specially, where the Law is exclusive, dinisive, or obligatory: and for this cause the Law excluding the females à feudis, the Law of division of heritage inter fratres & sorores the Law oblishing the successor with the goods of the defunct to pay his debts, binds not the crown, when the crown is not expressed, & per rationis sdentitatem, the Law contra peregrinos conceived simply without mention of the crown may not be extended thereunto. To affirm the contrary hereof, and to allege that jura successionis & haereditaria which be made in any Realm should bind the Prince aswell as the people, because they be made within the Realm which he hes or pretends to have is to stir up sedition: yea it is as absurd and inept as to pursue a Shiref or a whole Province for fulfilling all contracts made within his jurifdiction, or within the precinct of the said Province, or as who should think the Schoolmaster subject to the order appointed by himself for ruling his Disciples.  
Perdlie, to this hour there can be no example exhibit where any having the title of blood to the crown of England, with power and courage to bear out the same, that any Positive law hath barred them. For proof whereof, I will use only such examples as be most recent. The Positive laws made in Henry the sixth his time, against Edward Duke of York, did not impeshe him, nor his race, from the crown, nor the bitter statutes made by Richard the usurper against that most magnanime Prince of worthy memory, Henry the 7. did not seclude him from the right which he had both by God and nature. Yea in our days the manifold Laws, and libels defamatours made against the most christian King present, could not impeach him from the crown of France.  
Now in Hypothesi: I come to examine such Positive Laws as be objected against the King my sovereigns' title, of which kind there be specially two: One ancient, an other later. To impugn the ancient I take my first argument from the Rubric, or Intitulation thereof, bearing these words: De ceux qui sont nez outre ou de la mer. i. De trans mare natis. By which Rubric or argument, it is very probable that this stature in the original thereof, did not contain this word Peregrinis: for the tenor of a Law should not exceed the nature or substance of the title, and so it should not prejudge his Majesty, who is borne within the said Island. As also to them that will indifferently mark the drift and intention of that statute, they shall find ittend only against children borne without the four seas which compass the said island: whereby Scotland is no more secluded nor Wales & Cornwall. And so it is not improbable, (which some allege) that the Rubrique foresaid should be De Peregrinis trans mare natis, non De Peregrinis & trans mare natis.  
secondly, because the said Law was proponed in the 25▪ year of the reign of Edward the 3. upon a question moved, If children borne out of his allegiance might possess heritage within England. Whereunto was answered and enacted, that all children borne oversea, having their Parents at the time of their birth at the faith and obedience of the crown of England, should enjoy alike benefit & privilege as other heirs borne within the Realm: so the statute is a general affirmative for that particular: and the argument objected thereupon, is â contrario sensu, which kind of argument proves nothing. For if I should say, Omnis homo est animal: Ergo quod non est homo non est animal the consequent were false and therefore is the decision of the Law, Argumentum à contrario sensu non procedit 
〈…〉  in verbis narrativis Legis. Nec etiam in verbis dispositivis Legis, when that argument is inferred to correct or reform the common Law (like as in this case it doth by drawing the Law contra trans mare natos in a speciality contrary the common Law, to the prejudice of higher powers, which be not under the power or compass of human laws) and for this cause the other ancient decision is contrary to their intention, wherein 
⸪ 〈…〉  is said. Argumentum á contrario sensu non procedit ubi sequitur correctio juris communis in specie:. Thirdly the words of the said statute running upon, and so oft expressing heirs and inheritance, declares the meaning thereof only to be directed for private persons, who must succeed to their antecessors jure haereditario: for Princes succeed aswell jure familiae, as jure haereditario, & ordinis 
〈…〉  naturae beneficio non hominis, and are not as private men astricted to enter cum onere debitorum, but they enter as pleases them, the one or the other way, to the end their crowns be not exhaust and exsorbed: so the said statute being conceived for the use of private men allanerly, that must enter as heirs and no other way: it cannot prejudge his Majesty who may enter an other way, viz. per Ius familiae, appertaining to all Princes Sovereign.  
Ferdlie, seeing this Law against strangers was founded upon two respects which pertain only to private men and not to Princes, it can no way strike upon them. The first respect was grounded upon the consideration of loyalty Quia duorum Principum summorum unus subditus esse non potest, agreeable unto that of the evangel, Nemo potest duobus dominis servire. The other respect was to save transport of gold and silver, and other defended commodities, and to cut off the occasion of private intelligence & practices. For which cause in France was made Ius albinatus, as the practisians' testify. Now in the person of a Royal successor 
〈…〉  these considerations of loyalty, transport, and intelligence are not to be feared.  
fiftly, in Realms where most straight Laws be kept against strangers, as in France, that Ius albinatus foresaid, by which of necessity all strangers that would▪ testate or succeed, they must be naturalised with this clause (modò sint Regnicolae) yet Princes have succeeded and do succeed to great lands and Dignities within that Realm without any benefit of naturalisation, as the old Kings of Navarre borne out of France, to many fair lands in Guienne and Languedok. The D. of Lorane to the Dukerie of Bar: yea of old the kings of England to the ample Dukeries of Aquitane, Anjou, Normandy, and Britaignie, and that because sovereigns are presumed every one to be brethren to other: and being brethren, it were indign to esteem them extern or strangers, and inept to make them subject to Laws of allegiance, which be only proper to subjects and vassals.  
sixtly, the clause contained in the said pretended act, excepting Les Enfans du Roy, doth exeme the king my sovereign out of the compass thereof: for that word Enfans is in the Latin Liberi: and be Liberi in the 
〈…〉  original 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.  
seventhly this Law foresaid de albinatu, although conceived generally, yet could it not be extended to the crown aswell as to the subject: and therefore the wise and learned did devise the Law Salic for the succession Royal.  
Last, if this statute against foreign birth take place, then shall many absurd inconvenients follow thereupon. First Princes (the ornament, beauty, and light of the world, without whom were nothing but darkness, disorder, & confusion) they should be in worse condition nor the most ignoble subject of their Realm: for by that Law subjects may ever succeed, having their parents subjects: but Princes cannot have that immunity, because their Parents were never subjects. Again, if a Prince for honour of his Realm, or for security or enlarging thereof, shall match himself or his children with a foreign nation where he or they beget children: what barbarous iniquity were it to prejudge the parents remaining abroad for so honourable causes, or to hurt the innocent children for a matter which lay not in their power to mend.  
Now for particular examples to illustrate these arguments, I allege but a few both before and after the conquest, to show that foreign birth makes not incapabilitie to the crown of England. Edward the King & Confessor before the conquest, did call home out of Hungary his Nevoy, Edward surnamed Vdislae borne in Hungary, who deing before the king his Uncle, the same King Edward declared Edgar Athelin son to the said Vdislae borne also in Hungary, to be just heritor, albeit he was afterward defrauded thereof. And after the Conquest, Richard the first going to conqueis jerusalem, institute his Nevoy Arthur, who was borne in Britaignie, & young Duke thereof, to be his successor. Like as king Stephan and King Henry the 2. were both borne in France, their Parents not being of the allegiance of England, & yet they were capable of the crown of England.  
The uther argument wherewith they impugn his majesties title, is grounded upon a statute made in the 28. year of the reign of Henry the 8. of worthy memory, wherein by consent of his Estates in Parliament is granted unto him full power by his letters Patents, or by his Testament signed with his hand, to declare, determine, and design the successor of the crown in case his own children should fail, without issue of their own bodies, and the said crown to be established in the person of the said successor by way of reversion or retour, as they call it. By virtue of this authority or arrest of Parliament given to the said noble Prince, our adversares do allege that by his latter Will or Testament, he did institute and ordain the succession of Francoyse Countess of Suffolk, his Niece by Marie his youngest sister to succeed, secluding altogether Margaret Queen of Scotland his eldest Sister and her descent. Whereunto I reply shortly, first by conjectures, next by peremptory answers.  
It is not probable that a Prince so righteous, so wise, so kind, as King Henry the eight was known to be, that he should so unkindly and unrighteously deal with his eldest sister german, as to spoil and degrade her and her innocent succession of all honour and expectation that God and nature had provided for them.  
Next, he could not forget the commendable answer of Henry the seventh, his most prudent father, who at the contract of marriage made betwixt King james the fourth of worthy memory, and Lady Margaret eldest daughter to the said King Henry the seventh: sundry of his counsel labouring to impeach that marriage, said unto him, that it might come to the great dishonour and discommodity of the realm, in case, which was very possible, that England should fall to be subject to the Kings of Scotland: Whereunto the said noble Prince answered, that in case it fell out so, there was no inconvenient to England: for as William the Conqueror attaining to the crown of England, did join and subject Normandy to England, and not England to Normandy, so Scotland being the least of the two Realms should be subjecteth to England, if any such accident should arrive, because the lesser must cede and give place to the greater. By which answer the said noble Prince Henry the eight knew full well it was not his Father's meaning to defraud his eldest daughter, nor her succession. And therefore it is altogether improbable that he should have forget the mind and intention of his magnanime Father, in a matter so recentlie and righteously done: and that with his own special consent and good liking.  
thirdly, the said noble King, knowing what torte and wrong his Father had received of Richard the 3. by such partial exceptions made against his title, and publishing so bitter laws against him, he could not be so oblivious, much less injurious, as to fall in the same error, which both he himself, and all just men did so much abhor in the person of the said usurper.  
Ferdlie in respect that about the same time when the said pretended Testament is alleged to be made it is certainly known that the said noble King Henry the eight, did treat a marriage betwixt Prince Edward his son & Mary of Scotland his petite Niece, for which cause it were out of all purpose to think that he should at one time deal so kindly and unkindly: as under pretext of such new affinity to prejudge his nearest Niece, of all her lawful esperances'.  
Last, shall we believe that King Henry the 8. who was a miracle, yea a mirror in his age of all magnificence appertaining to a Christian Prince, should have been inferior in justice and piety to john Galeas Duke of Milan, who shall be for ever praised for his equity in preserving the prerogative of birthright. For going to depart, he called his children, & said: O dura Lex, o dura natalitij juris praerogativa, quae aequales genere, ac natalibus inaequali sort seiungiss? Dolebat enim jani fily stolidioris annos, virtuti Philippi Mariae anteferri.  
My peremptory answers be these.  
The first is grounded upon this decision. Nec verò si aliquis Rex consensum statuum haberet, ut privaret regno filium aut proximum, posset tamen id iure facere: quia qui privare non poterit, non debet id facere cuius praetextu per Legem inducatur privatio. For it is so clear as the Sun at mid day, & all the Doctors both of the Canon and Civil Law, in one voice agree thereunto, that no Prince nor estate separatim vel coniunctim, hes power to transfer the crown from one to an other, namely, where the crown is successive. For if it were lawful to reject one, and make choice of an other, then should succession be turned in election, which were absurd. And hereupon is there many decisions of the Doctors, whereof I repeat a few. One of jason saying, Quod regna 
〈…〉  deferantur lege Divina, naturali, consuetudinaria & Canonica, primogenito: per rationem huius textus, Nemo potest disponere regna, nisi secundum Legis dispositionem. Idem Felinus asserit & joannes Andreas Cap. licet De voto, Abbas cap. intellecto, de jure iurando. Vbi dicit Reges non posseprivare 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 David, sibi Regem jeroboam filium Nabath constituissent, negari nequit quantum partiales Regnorum translationes à propinquioribus ad remotiores, non solum legibus humanis, ver●…metiam voluntati Divinae repugnent.  
secondly, the said pretended Testament was supposititious, & contrived by such as meant to defraud both the heirs female of the said king Henry the 8. aswell as these of his eldest sister, which did manifestly appear immediately after the death of the said young Prince Edward, when as the Lord Gilford eldest son to the Duke of Northumberland did marry with Lady Ieane, eldest daughter to the foresaid Lady Francoyse Duchess of Suffolk, to whom the said Testament designed the succession: the meaning of which marriage was to erect the said Lady Ieane, and to deject the two innocent and most illuster Enfantes of Henry the eight, Queen Marie, and Queen Elizabeth.  
thirdly, of the witness that had signed the said pretended Testament, three of the most honest & famous thereof, upon remorse of conscience before Queen Marie their Sovereign Lady and her honourable Counsel, did depone, confess, and swear, that the said Testament was never signed by the said king Henry, but was sealed by one William Clerk with the king's seal, when as the king was either dead, or in the last article or agony of death, having no sense, knowledge, or remembrance: and these three witnesses were the Lord Paget, Sir Edmond Montague Knight chief justice, and the said William Clerk affixer of the seal as is aforesaid. Upon which testification the same being duly tried, by all circumstances requisite, that it was not by corruption, suborning, nor menaces exhibit by the said witnesses: the said Queen Marie, to the honour of God and her Realm, for defence of the verity, justice, and dignity of the succession Royal, and for avoiding of many inconvenients that thereof might have ensued by the partiality of the said pretended Testament, caused the exemplar, memorial thereof, which was in the Chancellarie, to be cancellat, lacerate, and destroyed as a thing indign to have place amongst the true and authentic registers of so noble a Realm. By which genereux and just act, she merits no less praise nor the Romans and Ephesians, the one defacing the name of the Tarquins for the meshant act of Tarqvinius Superbus: the other making a Law prohibitive to all historians, never to mention the name of Impius Erostratus within their commentaries.  
But fearing least prolixity make me tedious, I retranche and omit many pithy allegations that might be pertinently opponed to the adversare, referring a more ample discourse upon this subject, to more leisure: or rather, to one more versed in Laws and histories, nor I am: closing this section of my Palinod with a double admiration.  
In the one I cannot enough marvel how our adversaries can object so confidently against us this law positive against strangers, seeing they think the positive Law salique should have no place nor power against their proximity 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 have no more authority against his Majesty, nor they would wish the Law Salic to have against their self according to old decisions. Patiendae sunt Leges quas ipsi tulimus, &, Quod quisque juris in alios statuit, ipse eodem iure teneatur.  
My other admiration is, that a Nation so wise, politic and prudent, should not foresee the inquencheable combustion that may be kindled within their own bowels by establishing, or maintaining Laws unjustly made against just successors to their crown: which kind of partiality as it hes ever been the pest & perdition of all common wealths using the same, specially of such as have been most famous and glorious, so can it not in this age produce any better effects, but to distract the people upon diversity of respects, to follow diverse and dangerous factions.  
Which inconvenient no other Christian Nation had more need to prevent nor the flourishing Realm of England: for as they are wealthy, so are they much envied for their felicity, whereby it cannot fail if any debate be for their crown betwixt contrary competitors, but their Realm shall be a stage or playing field to all Nations: the one pairtie inviting some foreigners to his aid, and his adversare doing the like: knowing that no stranger shall be unwilling thereunto, some upon avarice, some upon malice, some for both: every one already attending to set up their rest upon hope to repair their adverse or base fortunes, with the ruin of that most noble, famous, and virtuous Realm, which of old for the fertility of the soil, and rare beauty of the inhabitants was called the Realm of God, whom of his great mercy with ardent vows and humble supplication I implore, long (yea ever) to preserve them from such destanie, disaster, and desolation.  
As to that where I most irreverently and injuriously allege his Majesty to be made incapable by reason of a clause contained in the act of Association, made at Westminster, Anno _____ which his majesties mother of good memory did sign (as is alleged.) In this injust allegation, I confess a malicious & impudent error: for no such clause is contained in the Association, and though it were contained, yet what her Majesty did consent or yield unto in her captivity (& propter metum qui potest cadere insexum constantiorem) is not obligatory to herself, much less to her innocent successor, whose title is Maior omni exceptione: For probation whereof, I will not reckon his ancient descent from the Royal blood of England, (as that of Malcolm the 3, called Canmore with the Niece of Edward the Confessor before the conquest, nor that of King james the first, with the petite Niece of john of Gant Duke of Lancaster) but I hold me at a probation so patent and recent, as no man can pretend ignorance or oblivion thereof, affirming (as the truth is) that his Majesty hes the just title ex utroque Parent: For being the undoubted heir of Margaret eldest daughter to King Henry the 7. he must also be-he undoubted heritour of the crown, after the death of Queen Elizabeth her Majesty present, who is the only graft or branch remaining of the masculine descent, or of the sons of the said Henry the 7. In whose person by virtue of his marriage with the righteous heir of the house of York, like as he was the undoubted heir of the house of Lancaster, the crown of England was infallibly established, and the two roses united. And the clearness of this Pedigree joined with the knowledge I had thereof, maketh my offence so much the more inexcusable, I being a conscienceles contradictor to my own knowledge, committing thereby not only an civil heresy, but even a sin against the holy spreit in oppugning the known verity, God most justly punishing my pride, & adding unto to the multitude of my other sins, this most capital & damnable consort of desperation, which by no means I had escaped, if I had obstinately persevered in my former induration, yea notwithstanding my unfenzeit repentance I should yet doubt of God's mercy, if former examples did not assure me. But when I see a chief Apost. against his knowledge denying his Master, repenting, confiding, & receiving pardon, I begin to think that it is natural to sin, brutal to persevere, Christian to repent, & devilish to despair, & 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 will be humbled with the Publican, confess my insolence with the forlorn son, repent & weep bitterly with Peter, & confide with the faithful Brigand. Knowing there is no sin can exceed the mercy of God, who descended from heaven to earth, & from thence did again ascend to heaven, to save the sinners & not the just, the Publican & not the Pharisee, leaving behind him many pithy arguments unto such as would be called his Disciples, persuading them to mercy after his example. Whereunto the most noble both fiddle & infidel Princes have ever been inclined, according to that of the Poet, Quo maior quisque est magis est placabilisirae, Et faciles motus mens generosa capit, etc., The great Monarch julius Caesar could forget nothing but injuries: & Titus called delitiae generis humani, thought the day evil spended, wherein he had not done some work of compassion. And the Royal Prophet says, Ne tradas bestijs animam confitentem tibi: whereby is meant, as the learned affirm, that confessing penitents should not be devourcd nor driven to desperate courses. By which clement moderation this present most christian King hath so honoured, enriched and strengthened himself with the hearts of the people, as is incredible: who when they were most▪ opinatre against him, his Majesty laked 
〈…〉  not▪ bontifeus to animate him to fire and sword, 
〈…〉  and to all violent vindications upon his inobedient towns and subjects, yet his answer ever was, Voulez vous que ie ne soy que Roy des cendres & des Cemiters.  
But his patience above all toward George L'apostre (a man both learned and eloquent) is remarkable: for not withstanding the said George had written many injurious and irreverent pamphlets against his person and title, yet his Majesty received him graciously without recital of any offence past. For which benignity the said George hes changed his style, & hath already begun in a treatise moss exquisitely written, to confer, yea, to prefer his Sovereign in prowess, pity, and in all other Princely parts to julius Caesar, and some day will serve him for a Virgil and Homer.  
To this same purpose of clemency Clemens Romanus in constitutionibus Apostolicis lib. 1. inquit, Aequum est ut in iudicando Dei sententiam sequamur, & ut ille judicat peccatores, modo poenitentes, ita & tu judices. Nun Davidem inpuluere stratum, jonam in ventre Balenae lugentem, Ezechian lachrymantem, Manassem in vinculis languentem, etc. crimine liberavit? Publicani, Petri, Magdalenae, filii perditi, Ovis errantis exempla & parabolae misericordiam divinam abunde praedicant. Asceleribus peccantium, non ab eorum consortie abstinendum Christi cum Publicanis conversatio indicat. Sed hîc judicio 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 captivi, resipiscunt.  
Of which number although I may without ostentation affirm myself, yet unflattering myself I must also confess, that no satisfaction, no expiation, no merit of mine present or future, can deserve mercy, without his majesties extraordinar grace: for in all degrees that a passionate liar, calumniator, blasphemer, yea an Atheist could in thought, word, or write offend his Prince, I have offended: and in such sort, as if his Majesty shall think my crime irremissible, he neither ceases to be merciful, nor no other offender should take occasion to doubt thereof, because none hes or can offend so desperately as I have done. The remorse and sorrow whereof hath so cauterized my wounded conscience, that I protest before God and his holy Angels, never to pardon myself, howsoever his majesties pleasure be to accept of my penitency. But to close this digression, since the practice of this mercy and benignity (which is the visible image of God) was never more lively expressed in any Prince nor in my sovereign Lord, to persuade him unto that which he daily practices, were superstitious, or to bring any other example but himself (the exemplar and pattern thereof) were a matter injurious. For what is the man of account within his Realm, that hath not tasted of his mercy? Or who unfenzetlie repenting, needed ever to doubt of reconciliation, and not only of reconciliation, but of reward? as one not delighting in the blood of his people, but in their benevolence, a father to orphelings, a warrant to widows, a fortress to forlorn, a refuge to all that have recourse unto him: and in one word,  

Est piger ad poenac Princeps, ad praemia praeceps:  
Qutque dolet quotics cogitur esse ferox.   
O miserable unhappy wretch that jam in offending so beastly a Majesty so benign, and yet neither miserable nor unhappy in respect of his natural humanity which holds me in hope against hope.  

Name mihispes superest cumte mitissime Princeps,  
Spesmihi, respicio cum mea facta, cadit.  
Ipselicet sperare vetes, sperabimns, atque  
Hoc unum, liceat te prohibente, fore.  
Sed redeunt abeuntque mihi variantque timores,  
Et spem placandi dantque, negantque tui.  
Parceprecor fulmenque tuum & fera tela reconde,  
Heu nimium misero cognita tela mihi.  
Parce pater Patriae, nec nominis immemor huius.  
Tandem placandi spem mihi redde tui.   
Now for Catastrophe of this my recantation, since I have refelled my former cavillations so penitently and pithily as I could: First I humbly implore the benevolence and pity of the Reader, & of all others skandalized by my lewd example, seeing my deplorable estate is more to be pitied, nor envied: as also though I have most worthily procured the ire of all honest men, yet my misery makes me unworthy thereof. For what am I but a dead Dog, stipula sicca, & folium quod vento rapitur. To eik affliction to my affliction, est cum larvis luctari,  

Quid iuvat extinctos ferrum dimittere in artus,  
Non habet in nobis iam nova plaga locum.   
Next if any thing be omitted herein that may be thought necessary for his majesties satisfaction, being advertised thereof I shall indelaitlie add and enlarge the same: Protesting notwithstanding, that if I have forget any material point, it is of no fraud or malice, but for lack of better knowledge, as by the original invective all written with my own hand, & delivered to an honourable person his majesties most loyal subject will in the own time appear. Moreover, if by any malicious person any thing be added or put out in my name, more nor I have said, I shall God willing disburden myself dutifully, & charge the authors thereof in such sort, as perhaps shall be to his majesties contentment, and little to their credit, and that indelaitly after the same shall come to my knowledge.  
thirdly, since God of his infinite mercy hes blessed our poor Realm of Scotland with a Prince so learned, so wise, so clement, so godly: my exhortation is that no offender his present subject, or that may be hereafter, doubt of his benignity and grace, seeing the daily experience we have of the same: specially, whosoever hes privately or openly participate with me of my lewdness or rebellion, I beseech them also for safety both of soul and body, to join with me in my rescipiscence: for they may be well assured that the hand of the Omnipotent (if not his majesties hand) will find them out some day, either by sea or land to their confusion, if they incline not to speedy and penitent conversion. And herewithal I would wish such as have been so happy as not to offend, that they may remain constant and loyal to the end, to the effect that all may unanimelie concur to increase his majesties greatness, and to advance his most equitable possibilities, burying their own particular querrels, and abstaining upon whatsoever respect to make * Remuemens' or commotions within his Realm, much 
●urres  less against himself. For if the most inward and irreprehensible servants of God in ages past (as is before said) did for conscience sake without murmuration or mutinerie, obey idolatrons and infidel Princes, what reason can we have that be corrupted, & in a corrupted age, to trouble or inquiet the Christian and moderate estate and government of a Prince so moderate, so Christian, and one so accomplist with all virtues necessary for his Royal vocation (Pietatis & justitiae prototocus.  
Last of all my obleist duty binding me in all leasome manner to wish and procure the felicity of the Realm of England, for manifold courtesies there received: (which with great fullness according to my meanness I shall always remember) I cannot omit to present unto them this friendly remonstrance, wherein the captious interpretations of cunning persons whereunto I shall be subject, cannot impeshe me to utter the sincerity of a well affected friend, affirming that the chief worldly mean to continue their long enjoyed prosperity, is, timously to set their mind upon the King my Sovereign (their undoubted second person) by giving unto him some certain signification of his due, and of their duty. For their silence is not without probable suspicion that their minds be inclined and directed some other way, whereby his Majesty may take just occasion to establish his pairtie by some other foreign course. It is not yet so long ago since the calamity procured by the doubtful succession of the houses of York & Lancaster, distracting that nation in contrary factions, but that the deplorable memory thereof, may yet serve for a present caveat and instruction. To prevent such dangerous inconvenients, God hes offered unto them a mean and way, which they may (or rather should) with reason, policy, and save conscience use and embrace, as a singular blessing provided to increase their happiness, and to continue them in their former security. For reason and good conscience doth recommend unto them the King of Scotland, because he is the righteous successor: and policy will persuade his preferment, because he is a Prince, and all other Competitors within the Island be but subjects: he hes an ancient Realm to join unto theirs: he hes a princely power to maintain them against their enemies: He hes the universal love and amity of all Christian Princes, by virtue whereof, if they were once known to be his subjects, their merchands might traffic allwhere, without danger: and their Realm needed not to fear any foreign invasion. But if confiding in positive Laws, and in their own power, they mind to bar him, notwithstanding his just title, and all other commodities which he might import unto them, let them at least be terrified from such desperate induration, by example of such as heretofore have attempted, and repented such like machinations. For God Almighty is the author and autorizer of all right, specially in Realms. For defence whereof amongst his own people, he hes not only raised up extraordinarily both men and women, as joshua, Samson, Deborah, and the rest of the judges to be his champions: but he hes used spiritual powers, yea sometime dumb elements, to execute his vengeance upon unjust usurpers with their consorts and complices. His Angel destroyed the host of Sennacherib. The red sea devoured Pharaoh and all his chariots. The fire was a fortress, and the clouds a cabinet sor his people, till they were brought in possession of their promised inheritance: from which no might, no slight, could seclude them. All histories be full of such examples, but for avoiding tediousness, I content me with that only of the present King of France (the ornament of this age) because it is most recent, and remarkable. What leagues? what projects? what * monopoles? 
〈…〉  what Machiavelian machinations was made against him? But all in vain. Lapidem quem reprobaverunt aedificantes, hic factus est in caput anguli. Mirabile est in oculis nostris, sed hoc factum est▪ Domino, contra quem non est potest as, non est virtus, non est consilium.  
By this my remonstrance my meaning is not seditiously to stir up any faction or pairtie against her gracious Majesty of England during her time: For with my heart I wish unto her a long, peaceable, and prosperous reign, knowing that her natural inclination to justice, kindness, and equity, will not suffer her to be unkind to her nearest neighbour, Cousin and most faithful confederate, nor so improvident for the security of her people, (amongst whom she hes so long lived like the loving Pelican) as to leave them in such incertitude after her death, that they shall not know whom to obey: much less that she shall establish any Law to the prejudice of the lawful successor, whose patience should be a great persuasion to render unto him such arles and assurance of his possibility: Quia ut intrantes egredientium moram, quaentumuis prolixam, patienter ferre debent: ita egredientes aus possessores successoribus certa intrandi argumenta prastare tenentur: ●e high vanaspe, illi quotidianis expostulationibus fatigate, querantur. And as all loving the prosperity of the Island do wish this mutual correspondence to be betwixt their Majesties: so no doubt the reciproque practise thereof, should produce great love and contentment betwixt them, with no small felicity present and future to the said Island. And this is the only scope and mark that I aim at: as one now abhorring all ambition, unfit for any preferment, scorning all flattery, fearing no temporal fear, nor establishing my felicity upon fragile worldly esperances'. For my foot is already in the grave. Choreae, baluea, symphoniaci, symposia, fell, & absynthium. Cibus nauseam, potus vomitum provocat. Dies noctibus, diebus noctes graviores▪ Appropinquant anni in quibus dicam, non placent. Commoventur 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 sickness the sergeants of death already charges me, personally apprehended, (lest I should pretend ignorance) to pay the due of nature. Et somni breves, insomnijsque perturbati Sororem pro foribus praestolari indicant. Dies mei praeterierunt, cogitationes meae dissipatae sunt, torquentes animam meam. Sicut arcus aut arator incuruatus sum. Itaque vado dicere putredini pater meuses, matter mea & soror mea vermibus, In this last period of my loathsome life, these ten porall trumperies of fortune can yield me no profit.  

Non domus aut fundus, non aeris aceruus & auri,  
Aegroto Domini deducunt corpore febres.   
Neither can they pleasure me any more  

quam lippum pictae tabulae, fomenta podagram,  
Auriculas cythara collecta sorde dolentes:   
So since I am inutile to the world, and the world uncouth to me, my pleasure shall be a private and reteered life, if I can attain thereunto, and I will study to hind up all my treasure where roost cannot rot, nor theefrobbe. To this effect as Elias ascending did willingly let his mantle fall, that it should not impeach his transumption, so will I not be ashamed to quite the mantle of hypocrisy wherewith to this hour I have covered a multitude of grievous vices, which (allane) with long habitude have so possessed and overruled me, that the more I should live, the more I should offend God and my neighbour. Propterea tadet me vitae meae, & cupio dissolui & esse cum Christo. I have too long remained in the Tents of Kedar, & in diversorijs Mesech, where I have been a sojourner, no Citizen, a Pilgrim, no Proprietare. Now it is high time for me after so long exile and peregrination in this worldly desert and wilderness, to seek out my promised inheritance from which my long abode, nor great unloyaltie (God assisting me with his grace) cannot seclude me. For by example of the forlorn Son & Publican, I fear neither my insolence nor unworthiness. By example of the labourers I hope to be rewarded as soon, (if not before them) as them that have traveled from the break of day, notwithstanding my lateness. And by example of the faithful Brigand I expect in the last article of my life, that joyful verdict and sentence that was pronounced unto him:  
Hodiè me cum eris in Paradiso.  
Io. Coluille.