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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
church_n	according_a	order_n	time_n	2,805	5	3.1681	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A05353	A treatise concerning the defence of the honour of the right high, mightie and noble Princesse, Marie Queene of Scotland, and Douager of France with a declaration, as wel of her right, title, and interest, to the succession of the croune of England: as that the regiment of women is conformable to the lawe of God and nature. Made by Morgan Philippes, Bachelar of Diuinitie, An. 1570.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France	Leslie, John, 1527-1596.	1571 (1571)	STC 15506; ESTC S106704	132,510	314

the establishing of the succession and prouiding that the Realme should not be left void of a Gouernour And therefore we must not subuert the statute in cauilling for the defect of the Kings hand forasmuch as the Parlament might haue had authorised his consent only without any hand writing Which as I doe not denie so in these great affaires and so ample a commission in suche absolute authoritie geuen to him it was prouidently and necessarily foresene to binde the Acte to the Kings owne hand for auoyding al sinister and euil dealing the whiche the Aduersaries would haue vs in no case to misdoubt or mistrust in this Wil. Whereas the notoriousnes of the fact and the lamētable euent of things do openly declare the same and pitifully crieth out against it Neither wil we graunt to them that the minde and purpose of the Parlament is satisfied for such causes as we haue and shall hereafter more largely declare And if it were otherwise true yet doth this only defect of the Kinges hand breake and infringe the whole Acte For this is a statute correctorie and derogatorie to the common course of the Lawe as cutting away the successiō of the lawful and true inheritours It is also as appeareth by the tenour of the same a most greuouse penal Law and therfore we may not shift or alter the wordes of the law Neither may we supply the māner and doing of the Acte prescribed by any other Acte equiualent So that albe it in some other thing the Stampe or the Kinges certaine and knowen consente may counterpaise his hande yet as the case standeth here it wil not serue the turne by reason there is a precise order and forme prescribed and appointed Wherfore if by a statute of a Citie there be certaine persons appointed to do a certaine acte and the whole people do the same acte in the presence of the the said persons the acte by the iudgement of learned Ciuilians is vitious and of no valewe yea though the reason of the lawe cease yet must the forme be obserued For it is a rule and a Maxime that wher the law appointeth and prescribeth a certaine plat forme whereby the Acte must be bound and tyed in that case though the reason of the law ceasse yet is the acte voyd and naught And whereas the Aduersaries obiecte against this rule the Parlamentes made by Queene Marie without the vsual style called and somoned this obiection may sone be answered For it may sone appeare to all them that reade and pervse the said statute of Anno 35. Henrici octaui conteining the said style that by any especial wordes therin mentioned it is not there limited and appointed that the forme of the style therin sette foorth should be obserued in euery Writ And therfore not to be cōpared vnto the said statutes of 28. and 35. Henrici octaui wherein by special wordes one expresse forme and order for the limiting of the succession of the Croune by the King is declared and set forth Bysides that the said Writtes being made both according to the auncient forme of the Regester and also by expresse commaundement of the Prince vtterly refusing the said style could neither be derogatorie to the said Queenes Maiestie and her Croune nor meaning of the said statute Cōcerning the said style and for a final and sul answere vnto this matter it is to be noted that the Writts being th'Actes of the Court though they wante the prescript fourme set foorth either by the common lawe or statute yet are not they nor the iudgements subsequēt thervpon abated or voide but only abatable and voidable by exception of the partie by iudgemente of the Courte For if the partie without any exception doo admitte the forme of the said Writte and pleade vnto the matter whervpon the Court doth procede then doth the Writte and the iudgement therevpon following remaine good and effectual in lawe And therefore admitting that the said statute of 35. H. 8. had by special wordes appointed the said style to be put in euery Writte and that for that cause the said Writtes of Somons were vitious wanting their prescript forme yet when the parties vnto the said Writtes had admitted them for good both by their electiō and also by their appearence vpon the same the law doth admit the said Writtes and al actes subsequent vpon the same to be good and effectual And yet this maketh no prouffe that therfore the said supposed Wil wanting the prescript order and fourme should likewise be good and effectual in law For as touching specialties estates and cōueiances or any other external acte to be done or made by any person whose forme and order is prescribed either by the cōmon law or by statute if they want any part of their prescript forme they are accōpted in law to be of no validitie or effect As for example the law doth appoint euery Specialtie or Deede to be made either in the first person or in the third person Therefore if part of a Deede be made in the first person and the residue in the thirde person that Dede is not effectual but void in the law Bysides that the law hath appointed that in euery Deede mention should be made that the partie hath putto his Seale to the same If therefore any Deede doth want that special clause and mention although the partie in deede hath put his Seale vnto the same yet is that Dede or Specialtie void in law So likewise the law geueth authoritie to the Lorde to distraine vpon the land holden of him for his rentes and seruices dewe for the same And farther doth appoint to carie or driue the same distresse vnto the pound there to remaine as a gage in law for his said rents and seruices If the Lord shal either distraine his Tenāt out of his Fee or Seignory or if he shal labour and occupie the Chatles distrained the distresse so takē by him is insurious and wrongful in law forasmuch as he hath not done according to the prescribed order of the law The statute made An. 32. H. 8. geueth authoritie vnto Tenant in taile and to others being seased of land in the right of their wiues or Churches to make leases of the same Wherin also a prescript order and forme for the same is set foorth If any of the said persons shal make any Lease wherin he doth not obserue the same prescribed order in all pointes the same Lease is not warranted in any point by the said statute Likewise the statute made in Anno 27. Henrici octau● of Bargaines and sales of land appointeth a forme and order for the same that they must be by writing indēted sealed and enrolled within six monethes next after the dates of the same writings If any bargaine and sale of land be made wherein any of the thinges appointed by the said statute are omitted the same is vitious and voide in the lawe So

he maketh as it it were a plaine demurre with vs in law that we haue pleaded our matters al this while in a wrong Court. For lo this matter by this sobre mans iudgement seemeth not triable either in the Arches or Consistorie of Poules by the Ciuil or Cannōlaw or in Westminster Hal by any law or Acte of Parlamēt This plee must be only mainteined with the recordes of holy Scripture but of his owne sobre braines interpretatiō only and holdē before himself and his new erected tribunal furnished and adorned with such quiet and sobre spirits as hiself is Th'infallible verity the high M ie of the sacred scriptures I do most hartly cōfesse and most humbly reuerence But yet if ye wil intrude your selfe and others with the promulging from your new Tribunal seate such and so strange paradoxes and sentences to the vtter ouerthrowing of al humaine policies and lawes yea to the present and and īminent danger not only of this of Scotland but also of al other whatsoeuer Queenes we must be bold to see what warrant and commission you haue and to examine and well to vew the same we must buckle with you and trie whether the autoritie of holy Scripture whiche is your only refuge wil vpholde and beare out your strange and stout conclusion The place then wherevpon he groūdeth him selfe is this Thow shalt make him King ouer thee whome thy Lorde thy God shal choose from amongst thy brethern him shalt thou make a King amongst them From this authoritie he fetcheth out al his high mystical and supernatural conclusions And first he excludeth the Queene of Scotland bycause she is an alien and not ex fratribus and therefore not chosen of god Wherevnto he addeth that the King must be suche as the people may say to him as the Israelites said to King Dauid Ecce ●s tuum caro tua nos sumus We are of one nation and blood Therevnto he adioyneth that it is assigned as one iuste cause why Athalia was turned out of her kingdome bycause she was alienigena an alien maternum genus ducens à Tyriis Sidoni●● These now are all the proufes deducted by this man out of holy Scripture For other hath he none why the Queene of Scotland being a stranger ought to be disherited and reiected from al such claime as she pretendeth to the Croune of England Now for answere and first to the 17. of Deuteronomie wherein as I wil not quarel with you for the shrewde meaning that perchaunce some man may probablie gather out of this Treatise and smal liking that ye haue to the Gouernment proceeding from succession onely so I plainly affirme first that we are not bound to the Ceremoniall or Iudicial or other preceptes of the Iewish law except the Decaloge farther then the Churche or Ciuil policie haue renued againe I say then farther that this authoritie of Deutronomie can not fitly serue your purpose for that it taketh place when the people chooseth a King and not when there is a lawful and ordinary Succession as was euen amongest the Iewes from King Dauides time Albe it he and King Saul before him came in by Gods and the peoples special election Wherefore I doe admit your Principle to be wel groūded vpon Scripture That the choise and election of Princes must be directed and measured by Gods Holy Worde wil and pleasure What then I would fame know by what Logike by what reason a mā may thus conclude we ought to choose no straunger to our Prince ergo a straunger though he be the iust and next inheritour to the Croune must be displaced The one d●pendeth of our owne free wil and election which we may measure and rule as we see good cause the other hangeth only vpō the disposition and prouidence of God. There we may pick out choice here we must take such as God sendeth There consent beareth the stroke here proximitie of blood beareth the sway There we offre no iniurie to any partie in accepting the one and leauing th' other here do we iniurie to god that doth send and to the partie that is by him sent And to say the trueth it is but a malaperte controlment of Gods owne direction and prouidence For in the former parte we be the choosers and must direct and gouerne our choise by reason and discretion by the merit and worthines of the person here al the choice al the voices are in Gods hād only As good right hath the infant in the swadling clothes as hath any man called at his perfect age and wisdom It is a true saying Christiani fimus we are made Christiā men● we are not borne Christiā men nō nascimur But in this case of successiō Reges nascūtur nō fium men are borne and not made kings Let this fellow therfore cōclude as strōgly as he cā or wil against the chosing of straūgers yet if he bring forth no place out of Scripture against the Successiō of a stranger claiming by proximitie of the blood Roial as farre as the man shoteth he shoteth to short to hit the marke But Lord what an ●lfauored short shote wil it be accōpted if she be found no straūger at al It is very probable that in this place the scripture meaneth of a mere foreiner and straunger such as were neither borne in Iewrie nor of the Iewishe blood For with suche Aliens they were forbidden also to couple in mariage by reason they were Idolatours and might thereby them selues be occasioned as they were oftentimes in deede to abandone and forsake their true and sincere Religion Such a stranger I am wel assured this Ladie is not to vs if she be any straunger at al. The Scottesmen and we be al Christians and of one Iland of one tonge and almost of one fashion and manners customes and lawes So that we can not in any wise accompt them amongest such kinde of straungers that this place of Moyses mentioneth namely the Ladie Marie the Quene of Scotland being not only in hart wel affectioned and minded to al Englishmen as hath by many experiments ben wel knowē but also by descent and Roial blood all English whiche she taketh from the noble Kinges longe before the Conquest and after the Conquest from the worthie Princes Henry the first and Edward the third and of late daies from the excellent Prince King Henry the seuenth and his daughter Ladie Margaret her grandmother Al which causes with some other in such number concurrant ought rather to inforce vs to thinke and to take her as no straunger to vs rather then to estraunge her from vs by the only place of her Natiuitie which is yet neuerthelesse within the fower seas and very nigh to England by Osbred bounding at Starling bridge Last of al touching the forsaid Chapter of Deuteronomie we affirme that it is vntrue that ye say aswel that this lawe of Gouernment bindeth our Kinges to the