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<DATE>2007-05-09</DATE>
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<NAME>Robyn Anspach</NAME>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P><HI>THE</HI>
INSTRVMENTS
OF
A KING:
<HI>OR,</HI>
A SHORT DISCOVRSE
OF
<LIST>
<ITEM>The <HI>SVVORD.</HI></ITEM>
<ITEM>The <HI>SCEPTER.</HI></ITEM>
<ITEM>The <HI>CROWNE.</HI></ITEM>
</LIST></P>
<Q><L><HI>Satis habet Rex ad poenam,</HI></L>
<L><HI>Quod Deum expectet Ultorem.</HI></L>
<L>'Tis puni&s;hment enough for th' King,</L>
<L>That God will Him to judgment bring.</L></Q>
<P><HI>LONDON.</HI>
Printed in the Yeare, 1648.</P>
</DIV1>
<DIV1 TYPE="author's note">
<PB REF="2" MS="y">
<PB REF="2">
<HEAD>The Author's Apology.</HEAD>
<P>_I Am no Lawyer otherwi&s;e then what
nature hath made me, &s;o every
man, as he is born the child of
<HI>Rea&s;on,</HI> is a Lawyer, and a <HI>Logitian</HI> al&s;o
who was the fir&s;t kind of Lawyer: This
di&s;cour&s;ive <HI>faculty</HI> of Rea&s;on comes with us
into the world accompanied with certaine
generall notions and principles to di&s;tin|gui&s;h
Right from Wrong, and Fal&s;hood
from Truth: But touching this following
<HI>Di&s;cour&s;e,</HI> becau&s;e it relates &s;omething to
<HI>Law,</HI> the Authour would not have adven|tured
to have expo&s;ed it to the world, if, be|&s;ides
tho&s;e common innate <HI>notions</HI> of Rea|&s;on,
and &s;ome private <HI>Notes</HI> of his owne,
<PB REF="3">
he had not inform'd &amp; a&s;certain'd his judg|ment
by conference with &s;ome profe&s;&s;ed
Lawyers, and tho&s;e the Eminente&s;t in the
Land, touching the truth of what it Treats
of; therefore he dares humbly aver that it
containes nothing but what is con&s;onant to
the fundamentall and fixed Con&s;titutions,
to the knowne clear Lawes of this King|dome.</P>
<CLOSER>J. <GAP DESC="illegible" REASON="faint" RESP="tech" EXTENT="1 letter">.</CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="3">
<HEAD>THE
INSTRUMENTS
OF
A KING.</HEAD>
<P>_IN a Succe&s;&s;ive hereditary King|dome,
as ENGLAND is known
and <HI>acknowledged</HI> to be by all
Parties now in oppo&s;ition,
There are 3 things which are
inalienable from the Per&s;on of
the KING: they are,
<LIST>
<ITEM>1. The <HI>Crowne.</HI></ITEM>
<ITEM>2. The <HI>Scepter.</HI></ITEM>
<ITEM>3. The <HI>Sword.</HI></ITEM>
</LIST></P>
<P>The one, He is to carry on His Head, the other in His
Hand, and the third at His Side; and they may be tear|med
all three the en&s;ignes or peculiar in&s;truments of a
KING: by the fir&s;t, He <HI>Reignes,</HI> by the &s;econd He
makes <HI>Lawes,</HI> by the third He maintaines them: and
the two fir&s;t are but bables without the la&s;t.</P>
<P><PB N="2" REF="4">
<MILESTONE N="1"> 1. Touching the <HI>Crowne</HI> or royall Diadem of <HI>Eng|land,</HI>
there is none, whether <HI>Presbyterian, Independent,
Prote&s;tant,</HI> or others now in action, but confe&s;&s;e that it
de&s;cends by a right hereditary Line, (though through
divers Races, and &s;ome of them Conquerours) upon
the Head of CHARLES <HI>the fir&s;t</HI> now Regnant: 'tis
His owne by inherent birthright and nature, by Gods
law, and the Law of the Land, and the&s;e Parliament|men
at their fir&s;t &s;itting did agnize &s;ubjection unto Him
accordingly, and recognize Him for their Soveraigne
liege Lord: Nay, the <HI>Roman Catholick</HI> denies not this,
for though there were <HI>Bulls</HI> &s;ent to di&s;pen&s;e with the
Engli&s;h Subjects for their allegiance to Queen <HI>Eliza|beth,</HI>
yet the Pope did this again&s;t Her as he took Her
for a <HI>Heretique,</HI> not an <HI>U&s;urpre&s;&s;e,</HI> though he knew well
enough that She had been declared Illegitimate by the
Act of an Engli&s;h Parliament.</P>
<P>This Imperiall Crowne of <HI>England</HI> is adorned and
deck'd with many faire Flowers, which are called, <HI>royall
Prerogatives;</HI> and they are of &s;uch a tran&s;cendent na|ture,
that they are unforfeitable, individuall, and un|transferable
to any other: The KING can only &s;um|mon
and di&s;&s;olve Parliaments: The KING can onely
Pardon (for when He is Crowned, He is &s;worn to rule
in <HI>mercy</HI> as well as in <HI>ju&s;tice:</HI>) The KING can onely
Coyn Money, and enhance or decry the value of it: The
power of electing Officers of State, of Ju&s;tices of Peace,
and A&s;&s;i&s;e is in the KING; He can only grant &s;overaign
Commi&s;&s;ions: The KING can only wage War, and
make Out-landi&s;h Leagues: The KING may make
all the Courts of ju&s;tice ambulatory with His Per&s;on,
as they were u&s;ed of old; 'tis true, the Court of <HI>Common
Pleas</HI> mu&s;t be &s;edentary in &s;ome certain place for &s;uch a
time; but that expired, 'tis removeable at His plea&s;ure:
<PB N="3" REF="4">
The KING can only employ Amba&s;&s;adours and Treat
with forain States, &amp;c. The&s;e, with other royal Preroga|tives
which I &s;hall touch hereafter, are tho&s;e rare and
whol&s;ome flowers wherewith the Crowne of <HI>England</HI>
is embelli&s;hed, nor can they &s;tick any where el&s;e but in
the Crowne, and all confe&s;&s;e the Crowne is as much the
KING's, as any private man's Cap is his own.</P>
<P><MILESTONE N="2"> The &s;econd regall In&s;trument is the <HI>Scepter,</HI> which
may be called <HI>an in&s;eparable companion,</HI> or <HI>a nece&s;&s;ary ap|pendix
to the Crowne;</HI> this inve&s;ts the KING with the
&s;ole Authority of making Lawes, for before His confir|mation
all re&s;ults and determinations of Parliament are
but Bills or <GAP DESC="foreign">, they are but abortive things,
and meer Embryos; nay, they have no life at all in them
till the KING puts breath and vigour into them: and
the antient cu&s;tome was for the KING to touch them
with His <HI>Scepter,</HI> then they are Lawes, and have a virtue
in them to impo&s;e an obligation of univer&s;all obedience
upon all &s;orts of people, It being an undeniable maxime,
That <HI>nothing can be generally binding without the King's
royall a&s;&s;ent,</HI> nor doth the Law of <HI>England</HI> take notice of
any thing without it: This being done, they are ever
after &s;til'd <HI>the King's Lawes,</HI> and the Judges are &s;aid to
deliver the King's judgments, which agrees with the
holy Text, <HI>The King by judgment &s;hall &s;tabli&s;h the Land:</HI>
nay, the Law pre&s;umes the <HI>King</HI> to be alwaies the &s;ole
Judge Paramount, and Lord chief Ju&s;tice of <HI>England,</HI>
for he whom He plea&s;eth to depute for His chiefe&s;t Ju|&s;tice,
is but &s;til'd <HI>Lord chief Ju&s;tice of the King's Bench,</HI>
not Lord chief Ju&s;tice of <HI>England,</HI> which title is peculiar
to the KING Him&s;elf, and ob&s;ervable it is, that where|as
He grants Commi&s;&s;ions and Parents to the Lord
Chancellour (who is no other then <HI>Keeper of His Con|&s;cience</HI>)
<PB N="4" REF="5">
and to all other Judges, He names the Chief Ju|&s;tice
of His own Bench by a &s;hort Writ only containing
two or three lines: Now, though the <HI>King</HI> be liable to
the Law, and is contented to be within their verge, be|cau&s;e
they are chiefly His owne productions, yet He is
&s;till their Protector, Moderator, and Soveraigne, which
attributes are incommunicable to any other conjunctly
or &s;eparately.</P>
<P>Thus the KING with His <HI>Scepter,</HI> and by the mature
advice of His two Hou&s;es of Parl. which are His highe&s;t
Councel &amp; Court, hath the &s;ole power of making Laws;
other Courts of judicature doe but expound them and
di&s;tribute them by His appointment, they have but <HI>Juris
dati dictionem</HI> or <HI>declarationem,</HI> and herein, I meane for
the Expo&s;ition of the Lawes <HI>the twelve Judges</HI> are to be
<HI>believed before the whole Kingdom be&s;ides.</HI> They are as the
Areopagites in <HI>Athens,</HI> the chief Pre&s;idents in <HI>France</HI>
and <HI>Spaine</HI> in an extraordinary <HI>Junta,</HI> as the <HI>Cape-Syn|diques</HI>
in the <HI>Rota's</HI> of <HI>Rome,</HI> and the Republique of <HI>Ve|nice</HI>
who&s;e judgments in point of interpreting Lawes are
incontroulable, and preferred before the opinion of the
whole Senate whence they received their being; and
who hath &s;till power to repeal them, though not to ex|pound
them. In <HI>France</HI> they have a Law-maxime,
<HI>Arre&s;t donn&eacute; en Robbe rouge e&s;t irrevocable,</HI> which is, <HI>a
Scarlet Sentence is irrevocable,</HI> meaning when all the
Judges are met in their Robes, and the Client again&s;t
whom the Cau&s;e goes, may chafe and chomp upon the
bit, and &s;ay what he will for the &s;pace of 24 howers a|gain&s;t
his Judges, but if ever after he traduces them, he
is puni&s;hable: It is no otherwi&s;e here where every igno|rant
peevi&s;h Client, every puny Bari&s;ter, &s;pecially if he
become a Member of the Hou&s;e will be ready to arraign
and vie knowledge with all the reverend Judges in the
<PB N="5" REF="5">
Land, who&s;e judgement in points of Law &s;hold be only
tripodicall and &s;terling: &s;o that he may be truly call'd
a ju&s;t King, and to rule according to Law, who rules ac|cording
to the opinion of his Judges; therfore, under fa|vor,
I do not &s;ee how his Maje&s;tie for his part could be
call'd inju&s;t when he leavied the Ship-money, con&s;ide|ing
he had the judges for it.</P>
<P><MILESTONE N="3"> I now take the <HI>Sword</HI> in hand, which is the third In&s;tru|ment
of a King, (and which this &s;hort di&s;cours chiefly
<HI>points</HI> at) it is a&s;well as the two fir&s;t, incommunicable
and inalienable from his Per&s;on; nothing concernes his
honor more both at home and abroad; the <HI>Crown</HI> and
the Scepter are but unweildy and impotent naked indefen|&s;ible
things without it. There's none &s;o &s;imple as to think
there's meant hereby an ordinary &s;ingle &s;word, &s;uch
as ev'ry one carrieth by his &s;ide, or &s;om imaginary thing
or chymera of a &s;word; No, 'tis the polemical publique
&s;word of the whole Kingdom, 'tis an aggregative com|pound
&s;word, and 'tis moulded of bell-metall; for 'tis
made up of all the ammunition and armes &s;mall and great,
of all the military &s;trengths both by Land and Sea, of all
the Forts, Ca&s;tles and tenable places within and round a|bout
the whole Ile: The Kings of England have had this
&s;word by vertue of their royall &s;ignory from all times,
the Laws have girded it to their &s;ides, they have employ|ed
it for repelling all forren force, for revenging all for|ren
wrongs or affronts, for quelling all inte&s;tine tu|mults,
and for protecting the weal of the whole body po|litike
at home: The peeple were never capable of this
&s;word, the fundamentall con&s;titutions of this Kingdom
deny it them; 'tis all one to put the &s;word in a mad mans
hand, as in the peeples; or for them to have a di&s;po&s;ing
<PB N="6" REF="6">
power in who&s;e hands it &s;hall be. Such was the ca&s;e once
of the French &s;word, in that notorious in&s;urrection call'd
to this day <HI>La Jaqueris de Beauvoi&s;in,</HI> when the Pe&s;ants and
Mechanics had a de&s;ign to wre&s;t it out of the Kings hand,
and to depre&s;&s;e all the Peers &amp; Gentry of the Kingdom;
&amp; the bu&s;ines had gone very far, had not the <HI>Prelats</HI> &s;tuck
clo&s;e to the Nobility; But afterwards poor hare-brain'd
things they de&s;ire the King upon bended knees to take
it againe; Such popular puffs have blowen often in <HI>Po|land,
Naples</HI> and other places, where while they &s;ought
and fought for liberty by retrenching the regall power,
they fool'd them&s;elfs into a &s;lavery unawares, and
found the rule right, that <HI>exce&s;s of freedom turns to thral|dom,</HI>
and u&s;hers in all confu&s;ions. If one &s;hold go back
to the nonage of the world, when Governers and Rulers
began fir&s;t, one will find the peeple de&s;ir'd to live under
Kings for their own advantage, that they might be re|&s;train'd
from wild exorbitant liberty, and kept in unity;
Now <HI>unity</HI> is as requi&s;it for the welbeing of all naturall
things, as <HI>entity</HI> is for their being, and 'tis a receiv'd max|im
in policy, that nothing pre&s;erves Unity more exactly
then Royall Government: be&s;ides 'tis known to be the
noble&s;t &s;ort of &s;way; In &s;o much that by the Law of
Nations, if Subjects of equall degrees, and under differing
Princes &s;hold meet, the Subjects of a King &s;hold take pre|dency
of tho&s;e under any Republique, and tho&s;e of a <HI>&s;uc|ce&s;sif</HI>
Kingdom, of tho&s;e that are under an Electif.</P>
<P>But to take up the <HI>Sword</HI> again. I &s;ay that the <HI>Sword</HI> of
public power &amp; authoritie is fit only to hang at the Kings
&s;ide, &amp; &s;o indeed &s;hold the <HI>great Seal</HI> hang only at his gir|dle,
becau&s;e 'tis the Key of the Kingdom: which makes me
think of what I read of <HI>Charlemain,</HI> how he had the impe|riall
Seal embo&s;s'd alwaies upon the pommell of his
<PB N="7" REF="6">
&s;word, and his rea&s;on was, that he was ready to maintain
what&s;oever he &s;igned, and &s;ealed.</P>
<P>The Civilians, who are not in all points &s;o great friends
to Monarchy as the Common Law of England is, &s;ay,
there are &s;ix<HI> lura Regalia, </HI>&s;ix Regall Rights,<HI> viz. 1. Po|te&s;tas
Iudicatoria, 2. Pote&s;tas vitae &amp; necis, 3. Arma|menta,
4. Bona ade&s;pota, 5. Cen&s;us, 6. Monetarum va|lor:</HI>to wit,<HI> Power of Judicature, power of life and death,
all kind of arming, ma&s;terle&s;&s;e goods, Se&s;&s;ements, </HI>and<HI> the va|lue
of money.</HI></P>
<P>Among the&s;e <HI>Regalias,</HI> we find that <HI>Arming,</HI> which in
effect is nought el&s;e but the Kings <HI>Sword,</HI> is among the
chiefe&s;t; and 'tis as proper and peculiar to his per&s;on, as
either Crown or Scepter. By the&s;e two he drawes a loo&s;e
voluntary love and opinion onely from his Subjects, but
by the <HI>Sword</HI> he drawes reverence and awe, which are the
chiefe&s;t ingredients of allegiance, it being a maxime,
<HI>That the be&s;t mixture of government is made of feare and
love.</HI> With this &s;word he conferrs honor, he dubbs
Knights, he creates magi&s;trats, the Lord Deputy of <HI>Ire|land,</HI>
the Lord Mayor of London with all other Corpo|rations
have their &s;words from him, and when he en|treth
any place corporat, we know the fir&s;t thing that is
pre&s;ented him is the <HI>Sword:</HI> With this Sword he &s;hields
and pre&s;erves all his peeple that ev'ry one may &s;it quietly
under his own Vine, &s;leep &s;ecurely in his own Hou&s;e,
and enjoy &s;weetly the fruits of his labours.</P>
<P>Nor doth the point of this &s;word reach only to ev'ry
corner of his own dominions, but it extends beyond the
&s;eas to gard his Subjects from oppre&s;&s;ion, and denial of
ju&s;tice, as well as to vindicate the publike wrongs, make
good the intere&s;ts of his Crown, and to a&s;&s;i&s;t his con|federates;
This is the &s;word that <HI>Edward</HI> the third tied the
<PB N="8" REF="7">
<HI>Flower deluces</HI> unto (which &s;tick &s;till unto it,) when ha|ving
&s;ent to France to demand that Crown by maternall
right, the Coun&s;ell there &s;ent him word that the <HI>Crown of
France was not tied to a d<GAP DESC="illegible" REASON="faint" RESP="tech" EXTENT="1 letter">&s;taff,</HI> to which <HI>&s;coffing</HI> an&s;wer he
replied <HI>that then he wold tie it to his &s;word,</HI> and he was as
good as his word. Nor is this publike &s;word concredited
or intru&s;ted by the <HI>peeple</HI> in a fiduciary conditionall way
to the King, but it is properly and peculiarly belonging
unto him, as an in&s;eparable concomitant, perpetuall U&s;her
and attendant to his Crowne. The King, we know, u|&s;eth
to maintain all garri&s;ons upon his own charge, not the
peeples; he fortifies upon his own charge, not the pee|ples:
And though I will not averr, that the King may im|pre&s;&s;e
any of his Subjects, unle&s;&s;e it be upon an actuall in|va&s;ion
by Sea, or a &s;udden irruption into his Kingdom
by Land, as the Scots have often don, yet at any time the
King may rai&s;e Volunteers, and tho&s;e who have received
his money, the Law makes it <HI>felony,</HI> if they for&s;ake his
&s;ervice.</P>
<P>Thus we &s;ee there's nothing that conduceth more to the
glory, and indeed the very e&s;&s;ence of a King then the
<HI>Sword,</HI> which is the Armes and military &s;trength of his
Kingdome; wherfore under favor, there cannot be a grea|ter
point of di&s;honor to a King then to be di&s;armed,
then to have his Sword taken from him, or di&s;pos'd of
and intru&s;ted to any but tho&s;e whom he &s;hall appoint;
for as <HI>&agrave; minori ad majus</HI> the Argument often holds, if a
privat Gentleman chance to be di&s;arm'd upon a quarrell,
'tis held the utmo&s;t of di&s;graces, much greater and more
public is the di&s;honor that falls upon a King, if after
&s;ome traver&s;es of difference 'twixt him and his Subjects,
they &s;hold offer to di&s;arme him, or demand his &s;word of
him: when the Eagle parted with his talons, and the
Lion with his teeth and ongles, the Apolog tells us how
<PB N="9" REF="7">
contemptible afterwards the one grew to be among
Birds, the other among Bea&s;ts. For a King to part with
the Sword politic is to render him&s;elf &s;uch a ridiculous
King, as that logg of wood was which <HI>Jupiter</HI> let down
among the froggs for their King at the importunity of
their croaking; 'tis to make him a King of clouts, or as
the Spaniard hath it, <HI>Rey de Havas,</HI> a Bean-King, &s;uch as
we u&s;e to choo&s;e in &s;port at Twelf-night.</P>
<P>But my hopes are, that the two pre&s;ent Hou&s;es of Par|lement
(for now they may be call'd &s;o, becau&s;e they begin
to <HI>parley</HI> with their King,) wilbe more tender of the honor
of their Soverain Liege Lord, which, together with all
his Rights and Dignities, by &s;everall &s;olemn Oaths, and
by their own binding in&s;truments of <HI>Prote&s;tation and Co|venant,</HI>
(not yet revok'd) they are &s;worn to maintain, and
that they will demand nothing of him which may &s;avour
of <HI>A&s;pert&egrave;</HI> or force, but what may hold water hereafter:
But now, touching the <HI>Militia</HI> or Sword of the Kingdom,
I think, under favor, the King cannot transfer it to any
other; for that were to de&s;ert the protection of his peo|ple,
which is point-blank again&s;t his Coronation Oath
and his Office: What forren Prince or State will &s;end
either <HI>Amba&s;&s;ador, Re&s;ident</HI> or <HI>Agent</HI> to him, when they
under&s;tand his Sword is taken from him? What reformed
forren Church wil acknowledg Him <HI>Defender of the Faith,</HI>
when they hear of this? Nay, they who wi&s;h England
no good will, will go neer to paint him out, as not long
&s;ince another King was, with a fair velvet Scabbard, a &s;pe|cious
golden hilt and chape, but the blade within was of
wood. I hope that they who &s;way now, will make bet|ter
u&s;e of their &s;ucce&s;&s;es: Many of them know 'tis as <HI>dif|ficult
a thing to u&s;e a victory well, as to get one;</HI> there is as
much prudence requir'd in the one, as prowe&s;&s;e in the o|ther;
<PB N="10" REF="8">
they wilbe wi&s;er &s;ure then turn it to the di&s;honor
of their King: it being a certaine rule, that the glory of a
Nation all the world over depends upon the glory of
their King, and if he be any way ob&s;cur'd, the whole
Kingdom is under an eclip&s;e.</P>
<P>I have ob&s;erved, that among other characters of gal|lantry,
which forren Writers appropriat to the Engli&s;h
Nation, one is, that they u&s;e to be mo&s;t zealous to pre|&s;erve
the Honor of their King; I tru&s;t that they who are
now upp will return to the &s;teps of their Progenitors, both
in this particular and divers other; that their &s;ucce&s;&s;es may
&s;erve to &s;weeten and moderat things, and &s;uppre&s;&s;e the
popular Sword which &s;till rages; And it had been hearti|ly
wi&s;hed that a &s;u&s;pen&s;ion of Arms had preceded this
Treaty, which u&s;eth to be the ordinary fore-runner, and
a nece&s;&s;arie antecedent to all Treaties; for while acts of
ho&s;tility continue, &s;om ill favour'd newes may intervene
which may imbitter and di&s;turb all: nor can it be expected
that the proceedings will goe on with that candor and
confidence, while the old rancor is &s;till in action; 'tis im|po&s;&s;ible
a &s;ore &s;hold heale till the inflamation be taken a|way;
To ca&s;t <HI>water</HI> into a wound in&s;tead of <HI>oyle</HI> is not the
way to cure it: or to ca&s;t <HI>oyle</HI> upon a fire in&s;tead of <HI>wa|ter</HI>
is not the way to quench it; poor England hath had a
con&s;uming fire within her bowells many yeeres, &s;he is
al&s;o mortally wounded in all her members, that &s;he is
&s;till in a high Fever, which hath made her rave and &s;peak
idle a long time; and 'tis like to turn to a <HI>Hectic</HI> if not
timely prevented. I p<GAP DESC="illegible" REASON="missing" RESP="tech" EXTENT="1 letter">ay God &s;he may have no occa&s;ion
to make u&s;e of the &s;ame complaint as <HI>Alexander</HI> the
great made when he was expiring his la&s;t, <HI>Perii turba Me|dicorum:
too many Phy&s;itians have undon me.</HI></P>
<P>To conclude in a word, there is but one only way, under
<PB N="11" REF="8">
favor, to put a period to all the&s;e fearfull confu&s;ions; it is,
to put the great Ma&s;ter-wheele in order, and in its due
place again, and then all the inferior wheels will move
regularly; let the King be re&s;tor'd, and ev'ry one will com
to his own, all intere&s;ts will be &s;atisfied, all things quick|ly
rectified; till this be done, 'tis as ab&s;urd to attempt the
&s;etling of peace, as if one &s;hold go about to &s;et a Watch by
the gnomon of an horizontall Diall when the Sun is in a
cloud.</P>
<EPIGRAPH>
<Q>Dolor Capitis
e&s;t
Caput Doloris.</Q>
</EPIGRAPH>
<CLOSER><SIGNED>Jam. Howell.</SIGNED>
<DATE>16. Septemb. 1648.</DATE></CLOSER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
