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kingdom_n french_a king_n time_n 3,290 5 3.6745 3 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A86626 The instruments of a king: or, A short discourse of the svvord. The scepter. The crowne. ... Howell, James, 1594?-1666.; Howell, James, 1594?-1666. 1648 (1648) Wing H3083; Thomason E464_7; ESTC R5326 6,719 15

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of 24 howers against his Judges but if ever after he traduces them he is punishable It is no otherwise here where every ignorant peevish Client every puny Barister specially if he become a Member of the House will be ready to arraign and vie knowledge with all the reverend Judges in the Land whose judgement in points of Law shold be only tripodicall and sterling so that he may be truly call'd a just King and to rule according to Law who rules according to the opinion of his Judges therfore under favor I do not see how his Majestie for his part could be call'd injust when he leavied the Ship-money considering he had the judges for it I now take the Sword in hand which is the third Instrument of a King and which this short discours chiefly points at it is aswell as the two first incommunicable and inalienable from his Person nothing concernes his honor more both at home and abroad the Crown and the Scepter are but unweildy and impotent naked indefensible things without it There 's none so simple as to think there's meant hereby an ordinary single sword such as ev'ry one carrieth by his side or som imaginary thing or chymera of a sword No 't is the polemical publique sword of the whole Kingdom 't is an aggregative compound sword and 't is moulded of bell-metall for 't is made up of all the ammunition and armes small and great of all the military strengths both by Land and Sea of all the Forts Castles and tenable places within and round about the whole I le The Kings of England have had this sword by vertue of their royall signory from all times the Laws have girded it to their sides they have employed it for repelling all forren force for revenging all forren wrongs or affronts for quelling all intestine tumults and for protecting the weal of the whole body politike at home The peeple were never capable of this sword the fundamentall constitutions of this Kingdom deny it them 't is all one to put the sword in a mad mans hand as in the peeples or for them to have a disposing power in whose hands it shall be Such was the case once of the French sword in that notorious insurrection call'd to this day La Jaqueris de Beauvoisin when the Pesants and Mechanics had a design to wrest it out of the Kings hand and to depresse all the Peers Gentry of the Kingdom the busines had gone very far had not the Prelats stuck close to the Nobility But afterwards poor hare-brain'd things they desire the King upon bended knees to take it againe Such popular puffs have blowen often in Poland Naples and other places where while they sought and fought for liberty by retrenching the regall power they fool'd themselfs into a slavery unawares and found the rule right that excess of freedom turns to thraldom and ushers in all confusions If one shold go back to the nonage of the world when Governers and Rulers began first one will find the peeple desir'd to live under Kings for their own advantage that they might be restrain'd from wild exorbitant liberty and kept in unity Now unity is as requisit for the welbeing of all naturall things as entity is for their being and 't is a receiv'd maxim in policy that nothing preserves Unity more exactly then Royall Government besides 't is known to be the noblest sort of sway In so much that by the Law of Nations if Subjects of equall degrees and under differing Princes shold meet the Subjects of a King shold take predency of those under any Republique and those of a successif Kingdom of those that are under an Electif But to take up the Sword again I say that the Sword of public power authoritie is fit only to hang at the Kings side so indeed shold the great Seal hang only at his girdle because 't is the Key of the Kingdom which makes me think of what I read of Charlemain how he had the imperiall Seal emboss'd alwaies upon the pommell of his sword and his reason was that he was ready to maintain whatsoever he signed and sealed The Civilians who are not in all points so great friends to Monarchy as the Common Law of England is say there are six lura Regalia six Regall Rights viz. 1. Potestas Iudicatoria 2. Potestas vitae necis 3. Armamenta 4. Bona adespota 5. Census 6. Monetarum valor to wit Power of Judicature power of life and death all kind of arming masterlesse goods Sessements and the value of money Among these Regalias we find that Arming which in effect is nought else but the Kings Sword is among the chiefest and 't is as proper and peculiar to his person as either Crown or Scepter By these two he drawes a loose voluntary love and opinion onely from his Subjects but by the Sword he drawes reverence and awe which are the chiefest ingredients of allegiance it being a maxime That the best mixture of government is made of feare and love With this sword he conferrs honor he dubbs Knights he creates magistrats the Lord Deputy of Ireland the Lord Mayor of London with all other Corporations have their swords from him and when he entreth any place corporat we know the first thing that is presented him is the Sword With this Sword he shields and preserves all his peeple that ev'ry one may sit quietly under his own Vine sleep securely in his own House and enjoy sweetly the fruits of his labours Nor doth the point of this sword reach only to ev'ry corner of his own dominions but it extends beyond the seas to gard his Subjects from oppression and denial of justice as well as to vindicate the publike wrongs make good the interests of his Crown and to assist his confederates This is the sword that Edward the third tied the Flower deluces unto which stick still unto it when having sent to France to demand that Crown by maternall right the Counsell there sent him word that the Crown of France was not tied to a d●staff to which scoffing answer he replied that then he wold tie it to his sword and he was as good as his word Nor is this publike sword concredited or intrusted by the peeple in a fiduciary conditionall way to the King but it is properly and peculiarly belonging unto him as an inseparable concomitant perpetuall Usher and attendant to his Crowne The King we know useth to maintain all garrisons upon his own charge not the peeples he fortifies upon his own charge not the peeples And though I will not averr that the King may impresse any of his Subjects unlesse it be upon an actuall invasion by Sea or a sudden irruption into his Kingdom by Land as the Scots have often don yet at any time the King may raise Volunteers and those who have received his money the Law makes it felony if they forsake his service Thus we see there 's