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A38407 Englands monarch, or, A conviction and refutation by the common law, of those false principles and insinuating flatteries of Albericus delivered by way of disputation, and after published, and dedicated to our dread soveraigne King James, in which he laboureth to prove by the civill law, our prince to be an absolute monarch and to have a free and arbitrary power over the lives and estates of his people : together with a generall confutation (and that grounded upon certaine principles taken by some of their owne profession) of all absolute monarchy. 1644 (1644) Wing E2997; ESTC R10980 14,794 18

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ENGLANDS MONARCH OR A CONVICTION AND refutation by the Common law of those false Principles and insinuating flatteries of Albericus delivered by way of Disputation and after published and dedicated to our dread Soveraigne King JAMES in which he laboureth to prove by the Civill Law our Prince to be an absolute Monarch and to have a free and Arbitrary power over the lives and Estates of his people TOGETHER WITH A GENErall confutation and that grounded vpon certaine Principles taken by some of their owne profession of all absolute Monarchy LONDON Printed by Thomas Paine Anno Dom. 1644. To the Reader THis worke after so much labour and expence of time by others in the like subiect may now be thought vaine and superstitious scarce deserving the vacant houres of a mans time much lesse those oppertunities which necessary occasions and imployments call for But Reader let not this make you vilipend or undervalue his endeavour who doth here present you with such a peece of Sophistry that hapily you never read nor heard off and that is Albericus published in latine the great propugnor of our King to be an absolute Monarch which he would mainetaine too by the Civell Law and who but our good King JAMES must be made the Patron of these absurde Principles Give me but your patience I will not acomagere tread in others steps the Author hath lead me into a large field of novelty where if you please to solace your selfe but a while you shall finde it more apt to informe your iudgement then confirme your memory which if made good unto you let him have your favourable censure who ever was and will be a faithfull servant to his Country ENGLANDS MONARCH HAving by accident met with a Book full of the fallacies of these times and yet dedicated to our late Soveraigne King Iames and for ought I can be informed passed over in silence without the least reproofe I thought it my duty out of that faith and loyaltie that I owe to my King and Countrey to publish its principles to the world and by the way as I goe to give a particular answer to every one of them The Authors name is Albericus what Country man I know not but his name as also his principles seeme to speake him a stranger by birth and a Civilian by his profession His Book is intituled Three Regall disputations Regales Disputationes tres And the first is Of the absolute power of the King Depotestate Regis absolutae And this is the taske that I have at this time imposed upon my selfe to debate and refute the absurditie of this principle being a Tenet utterly repugnant and absolutely destructive to the Lawes of England and the Liberties of the Subject I am not ignorant that the greatest part of the unhappie hereticall principles of this Booke are at this day defended by force of Armes by such as would be called Royalists or if you will the Kings friends while in the meane time they sell their Birthright and inheritance for a poore messe of Pottage and become Actors in this sad Tragedie of the ruine of their King and Countrey But to begin with the Author who in the very first position of his Booke were it Orthodox in this Kingdom would quite confound all our Lawes and Liberties That which pleaseth the Prince saith he hath the force of a Law Quod Principi placvit Legis habet vigorem pag. 5. I this is that which your Prelaticall flatterers Parasiticall Courtiers perswade his Majesty and this peece of poyson they have suckt out of such unworthy underminers of their own Liberty as my Author is And this he saies to be Page 5. a regall Law brought in by his Empire for that the people have conferred upon him all their rule and power That is the people have given power to their Prince to bee a Tyrant and tread them under feet at liberty a principle so void of reason that it carries not the least colour or probabality with it but of this hereafter But this position Quod Principi placuit c. That which pleaseth the Prince hath the force of a Law He saith is to to be understood of the Romane Emperour Page 5 6 7. for his excellency above others as also for other reasons that he renders If this bee so Albericus what have we that are English Subjects live under a Municipall Law to doe with that or why diddest thou dedicate this unsound and unwarrantable peece of flattery to our King couldest thou imagine so learned and so wise a Prince would be wrought upon to subvert the Lawes and enslave his Subjects who can make as good a Title by the Law to their liberty as the King to his Crowne But Albericus well knew that the best Princes might be corrupted and that ambition may captivate the Crowne as well as the Peasant I even in those dayes our Liberties were invaded by the infusion of such false Maximes as these are And to this houre we groane under that heavie burthen my little finger shall bee heavier then my Fathers Loynes And though we live under a Municipall Law which utterly denies and condemnes these flattering positions of the Civilians as absolutely destructive to that freedom wee were borne under yet my Author doth affirme that all interpeters that is of the Civill Law without any difficulty do attribute this power to all supreame Princes Page 7. Now hence he raises a question who those supreame Princes are Page 7 8 9. And the some of his definition of the supreame Princes may be reduced shortly to this They are supreame Princes who neither have nor acknowledge any one above them but God and to him onely are bound to render an account who are free from all Law whose willis a sufficien treason whose reason is as an absolute law And he saies this is no barbarous Law but the Romane Law If so Albericus why doe such Sycophants vent their poyson here in England Sir God be thanked wee have a Law of our owne whose fundamentalls crye downe this definition as paradoxicall to sence and reason whose light is so great that it neede not borrow of others to adde to its perfection But here wee may see that the same Doctrine is preached to our King at this day that was to his predecessor what else meant the long discountinance of Parliaments the onely assurance we have of the continuance of our Lawes and Liberties I and what meanes the taking up of Armes too against them But yet to come nearer to this definition of the Civilians of an absolute Prince what meanes that frequent expression of His Majestie in His Declarations that he is responsible to God alone for his actions I am certaine this is Lex Romana the Romane Law But when hee had shewne what is not this supreame power and who are not these supreame Princes he saith Page 10. That our King is amongst the other