THE KINGDOMS CASE: OR, The Question resolved, Whether the King's Subjects of this Realm of England may or aught to aid and assist each other, in repressing the persons now assembled together, under the name of the KING'S Army.  
Pro Lege ad illam propugnandum.  
Pro Rege ad illam informandum.  
Pro Grege ad illam conservandum.  
By him that prayeth the peace of the King. 
 By him that studieth the peace of the Kingdom.  

April 24. 1643.  
IT is this day ordered by the Committee of the House of Commons in Parliament, concerning printing, that this book, entitled (The Kingdom's Case) be printed by john Wright.  
john White.   
LONDON, Printed for john Wright in the Old-baily, May 1. 1643.   

The Case.  
FIve or ten thousand, or more Persons, aggregate and assemble themselves together, in a warlike manner, with Officers, and and all provisions of War, and go from Nottingham towards London, kill divers of the King's Subjects, rob, steal, and take away the Goods of others, break into Towns and Houses by force, and imprison divers.  
Upon this Case there are divers Questions put.  
Quaere 1. WHether others of the King's Subjects may not by the Laws of this Kingdom of England, by all means whatsoever, whether by raising of Arms or otherwise, endeavour to their uttermost, to apprehend, oppose, quell, and vanquish, the aforesaid persons.  
Answer. IT is not only lawful but commanded by the Laws of this Kingdom, that all persons able, should by all or any means whatsoever, endeavour to apprehend, oppose, quell, and vanquish the said persons; and if any present at the aforesaid outrages, do not without command, or absent do not upon command endeavour to apprehend, oppose, quell, and vanquish the said persons; they are punishable by the Laws of this Kingdom.  
The Proof. First, for that this assembling and demeaning themselves in this manner, as the case is put, is a breach of the Peace, and that in the highest degree; now every man may take up Arms; to preserve the Peace, nay ought, if otherwise it cannot be preserved, though it be only in danger to be broken, in particular private Towns, and by a small number of persons: and therefore if two fall out and fight, and the one killeth the other, and a third man stand by, and do not endeabour to part them, or prevent the breach of the Peace, this third man is to be amerced, 3 Edw. 3. Item. Northampton, Corone 293. But by M. Lambert, he is to be fined, and imprisoned, Lam. justice of P. pag. 133, 134, 135, etc. much more, and a Fortiori, where the peace is broken, with a high hand, and in such transcendent manner, as the present Case is put; and every public Officer, as Sheriffs, Constable, etc. may and aught to raise and levy the power of the County, Hundred, or Town, to repress the breaking of the peace, if other wise it cannot be repressed; or for the apprehending of Traitors, Felons, etc. 3 Hen. 7.10. Dalton Office of Sheriffs, 136, and if they fasle in perfor, mance of their duties therein, they are to be fined and imprisoned; and if any refuse to aid them therein, they are in like manner to be punished.  
Secondly, for that this assembling and demeaning themselves as aforesaid, is in terrorem populi Domini Regis, in amazement of the King's Liege-people, and so a riot, rout, and unlawful assembly. Now if the number of there or more persons, assemble themselves together, to do an unlawful act, all persons in the County where the same assembly is, being able to travel, are to aid and assist the justices of the Peace, and Sheriffs to resist, repel, and take such offenders, and that under pain of imprisonment, fine, and ransom by the Statute 2 Hen. 5. cap. 8. a fortiori, where unlawful acts are done, as in the case put.  
Thirdly, for that this assembling and demeaning of themselves as aforesaid, is by the Common Laws of this Kingdom high Treason; every Rebellion is high Treason, and so was it resolved and adjudged by all the judges of England, pasch. 39 of Eliz. of that multitude then assembled in warlike manner to pull down Enclosures, in those places, where they had no colour to claim Common, and so was adjudged by the whole Parliament, 29 Hen. 6. cap. 2. in Cades rebellion, that he was a Traitor, and the levying of Arms within this Kingdom in warlike manner, without lawful cause, is Rebellion, and so Treason; and so it is resolved, Abridgement of Dier 13 Eliz. 298.  
Now by the Laws of this Land, all are bound to apprehend and take all Felons and Traitors, under the penalties before mentioned; yea, I conceive, under greater. For if A commit Treason, and B know it, and conceal it, it is misprision of Treason, and he shall forfeit therefore all his goods, and the profit of his Lands during his life; and much more where be doth refuse to assist in apprehending, and punishing the offenders. If the assemblers to pull down Enclosures afore mentioned, were adjudged Traitors, much more these Rebels assembled to pull down the Enclosures namely, the fence of our Religion, Laws and Liberties, viz. the Parliament, which is the only Fence and Guard we have in this Kingdom, against ruin of Religion, Laws, and Liberties, the general medicine, to cure all our grievances, the life of our lives and livelyhoods.  
And that this is the main intention of this Rebellion, appeareth, not only by their own speeches, but also for that: 

First, they persuaded the King to absent himself from the Parliament, thereby to nullify (as much as in them lay) the benefit and profit, that the Kingdom might receive thereby.  
Secondly, to detain divers Members of both Houses, from returning to the Houses whereof they were Members.  
Thirdly, to withhold divers Delinquents from being brought to answer their crimes.  
Fourthly, to go to the House of Commons to demand the five Members, with such an attendance, as might have been the ruin and death of all that had opposed.    
The principal Case, and all the other Cases in answer thereunto are put, as supposing the King not commanding, and then the Conclusions thereupon are so apparent, that all men that have their right senses will agree the same to be the Common Laws of this Kingdom; therefore the Case is further put: Admit that this Assembly is by the King's command, and that others are prohibited by the King to oppose them.  
Quare 2. WHat alterations are thereby made of the Conclusions aforesaid.  
Answer. NOne at all.  
First, it is not to be believed that they have the King's command, for that His Masesty hath off promised by divers Dedatations, and also protested by his solemn Protestations, that he will rule and govern his Subjects by and according to the known Laws of this Kingdom; both which Promises and Protestations were broken, if His Majesty should command the assembling of the foresaid persons, in manner as aforesaid; or to do or commit the outrages aforesaid, being both unlawful, and contrary to the known Laws of this Kingdom, as before is apparently manifested.  
And therefore his Majesty's command by word is not sufficient, but it must be in all Cases to justify the party, by or from some of his Courts of justice, or under some of his Majesty's Seals thereunto Appointed, Co. Ma. Cham 186. b. 187. forevery His Masesties Seales are appropriated to each Court, as the Laws of this Kingdom have disposed, and every Seal will not serve in every case; and therefore until the foresaid persons produce such warrant as is according to law, it is not only lawful, but commanded by the Laws of this Kingdom, that all perssons able, should by all, or any means whatsoever, endeavour to apprehend, oppose, quell the aforesaid persons assembled as aforesaid, under the name of the King's Army; which is proved by a familiar Case, viz. a Capias issueth to the Sheriff of S to take A ad respondendum, etc. and before the taking, A procureth a protection or a Supersedeas, the Sheriff of S may justify the taking of him, until the showing of the Protection or Supersedeas by A unto him, and that the Protection or Supersedeas do appear legal, both for the matter, manner, Court and Seal; And if the Sheriff do not take him, having fit opportunity, an Action of the case lieth against him, he hath broken his Oath, and is to be amerced, notwithstanding these countermands concealed or kept in the pocket, and so in the present case.  
Secondly, but admitting they have a command from the King, under His Majesty's great Seal, or any other legal Seal, yet that command, put it as strong as may be, maketh no alteration of the former conclusions:  
Because it is already proved, that this Assembly, and demeanour in itself considered, is against Law in case the King command it not; now it a thing be in itself against Law, the King's command doth not, nor cannot make it lawful: for the King's commands or prohibitions, against the known Laws of the Kingdom, are ipso facto void, and so saith Bracton, Nihil aliud potest Rex, quam quod de jure potest, and the rule is general as well in the King case, as in the case of a common person, Quod contra legem fit pro infecto habetur, and the Actors and Executioners of these: comm … are to be punished, as if no such command or prohibition were.  
For instance, The King commands A to arrest B without cause, (which is an unlawful act) and A accordingly doth arrest him; B may have an Action of false imprisonment against A notwithstanding the King's command, 16 Hen. 6. numende faits 182. So in like manner, if the King should command A to kill B, and he accordingly should kill him, T. H. 8. Coron. 229.19 H. 6 63, etc. A may be indicted at the King's suit therefore, notwithstanding the King's command, and executed for the same, as if no such command had beéen.  
In like manner, if the King should command A to ●ill a judge of Assize, while he is doing his Office, and he accordingly kill him, this is high Treason, notwithstanding the King's command, and the Indictment shall be contra Legeanciae suae debitum, against the duty of his Allegiance; for his duty of Allegiance is only to obey the King in his commands according to Law, and not contrary to Law: and if this be Treason, as it is by the Common Law, to kill a judge as afore, then much more hamous Treason is it, to kill the judges of that judge, which are the Lords and Commons in Partliament.  
The same Law is, if the king command A to take away the Gods of B without Just cause, and A do accordingly, A shall therefore be punished, as if no such command had been, as appeareth by the present experience of the late Sheriffs, for taking away men's Goods for the Shipmoney; and by the Officers of Monopolies, who have not in any manner been excused for that they had the king's Command: and so is the ancient Experience of former times. 42 ass 5.  
If the Rebels in Ireland had, (as they pretend they have) the king's Commission for what they do, it would not in any manner abate or mitigate their offence, but that it should be high Treason, and they to be apprehended and proceeded against as if they had no such Commission: and the same Law is in the case put, of the persons assembled here in England, in like Rebellious manner aforesaid.  
Thirdly, the King cannot by his command under the great Scale or otherwise, deny, hinder, or prohibit justice to any of his Subjects, or any Just thing, to them, or for them, to be done; but this command unto the Cavaliers, to rob, spoil, and take away men's goods, hill, imprison, and wrong their persons, without making satisfaction for them; is a denying, hindering, and prohibiting justice to them, and for them.  
As if the King grant a protection under the grant Seal to I. N. directed to the Sheriffs, and other Officers, commanding them that they shall not arrest the said I. N. during one whole proze next answeing at any man's suit, and this per praerogativam nostram quam nolumes esse arguendam; yet if the Sheriff do not arrest the laid I. N. upon process against him, he shall be amerced, and this command or prohivitions of the Kings shall he no excuse to him; and so is Co. Mag. Chars. 56. Where particular cases are put to that purpose.  
Quere 3. But suppose the aforesaid persons, calling themselves the King's Army, were no Peace-breakers, Traitors, nor Felons, (as before we have proved them to be) yet being so declared de facto, by the judges of the suppreame Court, viz the Parliament: Whether are the Subjects of this Kingdom bound, by the Laws of the same, to give credit to their judgement, and so fare to believe them, as to endeavour to apprehend such persons so declared, and proceed against them accordingly?  
Answer. THey are.  
1. Because the judgement of a Court of Record is quasi juris dictum, that is, the sentence or dictate of the law, for the Court is, as it were, the mouth of the Law, by which it speaks to all that are Within the jurisdiction of it; now we are bound to believe the sentence, or dictates of the Law, when they are thus uttered unto us, without dispution or oer amination; for that these Courts are entrusted by the Laws, to utter and express their sense in the cases, that are within their cognizance and jurisdiction.  
Therefore if the Lords and Commons in Parliament Assembled make an Ordinance or Declaration, that is their judgement, and bindeth all persons with in the jurisdiction of the Court, until it be reversed, which must only be done in Parliament, and so is the express book of 8 hen. 4.14.  
If all persons, within the jurisdiction of any other interior Court of Record, within Kingdom are hound to believe and obey the judgement of the same Court, until it be reversed: then much more, those within the jurisdiction of the highest and supreme. But all persons are bound by the Laws of this Land, to believe the judgement of interior Courts, that are within the jurisdiction of the same, until it be reversed. For Example:  
If I. S. a man free from all Felony, be outlawed for Felony, which is but a Declaration by and before the Coroners, which are of the most interior sort of judges of Record, in this Kingdom; every Subject is bound, so fare to believe, and credit the said judgement to be true, that he is not to receive, relieve, or comfort the said I. S. it be do, knowing the said Outlawry, or living in the County where the said Outlawry was proclaimed, whereby he is bound to take notice thereof, at his peril; he is accessary to the said Felony, 12 E. 2. Coron. 377. which is cited 19 Eliz. die. 355. And the very case of Attainder by Parliament is put, 1 Hen. 7.4. v. where divers then elected as Knights and Burgesses of the then intended Parliament, had been attainted by a former Parliament, held 10 Rich. 3. in which book it is resolved by the judges there, that the persons so attainted, could not by the King, or otherwise be discharged thereof, but by reversing it in Parliament, though it were none in the time of an Usurper, and without any Just cause: And no doubt, if any bad apprehended any of those persons, so declared Traitors, before the reversal of the Attainder, or the said I. S. Outlawed as aforesaid, he might well lustily it, and was not any way for to be punished: Nay, had amny refused to apprehend any of those persons attainted, or I. S. outlawed as aforesaid, he should therefore be justly liable to the punishment aforesaid.  
The Law of England giveth so much credit to every Court of Record, that no averment can be taken against it, none shall be admitted to contradict it, or to say, it is not true; no not the King himself, but it must remain valid and of force, until it be reversed.  
And therefore it was lately held, by the judges of the King's Bench, in the Lord Says Case for the Ship-money; that it being resolved by the mayor part of the judges of England in the Exchequer Chamber, for the king; That that judgement standing in force, the same matter was not to be brought in question again, nor to be disputed, though betwixt other parties; and therefore refused to hear the Lord Says counsel, except they had new matter not resolved before: and some of the judges then affirmed, that that, and every such judgement by all the judges, is as it were and Act of Parliament to bind the Subject, and is in as much force until the same be reversed, which must be in Parliament, and no where else, as accordingly since, the said judgement in the case of Shipmoney hath been; so that as all men were bound up, by the said judgement, now by the reversal thereof all men are at large, and the King thereby as much bound as the Subject was before; Whereupon we may see how deeply it concerneth the Subjects of this kingdom, to have frequent Parliaments, to review the judgements of interior Courts, And also to have bonest and able judges, chosen into the places of judicature; and that such of them as offend may be punished according to their demerit, and that, that punishment may not be dispensed with.  
If the verdict of twelve men, by the Laws of this Kingdom, are obligatory, and bind the King and Subject perpetually where an attaint lieth not, and if an an attaint lieth, there it is contradicted by four and twenty, where the former was but by twelve only; than it ought not to be marvelled that such esteem is had of the judgement of the judges: but a verdict bindeth, as appeareth by the resolution of a question propounded by King Henry 4. to Gasco●gne, his then C●i●fe justice and remembered 7 H. 4.14. which was, That one killeth another in the presence of the said Chief justice, and a third man which is not guilty, is by the verdict of twelve men found guilty; what the law in that case wire? to which the Chief justice made answer, That be aught to respite the judgement therein, and petition His Majesty for his pardon: so that the Verdict doth and must stand in force against both King and Subject, and the King's command by word, or affitmation, to the contrary is of no effect. And if the said judge had not had particular knowledge, who it was that killed that man, than he ought to have given judgement without any delay; or if he had given judgement and the party against whom such judgement was given, was apprehended or executed by any Officer; that Officer, and all assissing him therein, had bien freed from all blame, and were not any way to be punished: Nay, if the Officer had not done his Office, or others had not assisted him therein, both he and they had been subject to punishment, in manner aforesaid.  
Lastly, it may be proved by that general rule taken Co. 10.76. in the Case of the Marshall-sea, viz. that where a Court hath jurisdiction of the cause, but proceedeth erroneously, or against Law, to a judgement that all Officers and others employed in execution of that judgement, are to be excused; and whatsoever they do therein is lawful, and justifiable, and may not be admitted to dispute or question the illegality thereof; so that upon the whole matter it appeareth, That the supreme and highest Court of Record in the Kingdom, which hath jurisdiction over all Courts and Causes, namely, the Parliament, Declaring the aforesaid Assembly to be disturbers of the Peace, Traitors, Felons, etc. That their judgement doth and must stand in force, until it be reversed; and all Officers and others are bound to further the execution to that their judgement, and to do their commands, and the commands of the Law, touching the same, and are by the same Law justified therein.  
And hereupon it appeareth that, Quacumque via data, the first conclusion standeth firm, viz. that it is not only lawful, but commanded by the Laws of this Kingdom, that all persons able, should by all or any means whatsoever, endeavour to apprehend, oppose, quell, and vanquish, the said persons assembled in manner as aforesaid, notwithstanding the King's Command or Prohibition, Commune periculum, commune auxilium petit.   
FINIS.