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 goe from Nottingham towards London, kill divers of the Kings SubIects, rob, steale, and take away the Goods of others, breake into Towns and Houses by force, and imprison divers.

Upon this Case there are divers Questions put.

Quaere 1. WHether others of the Kings SubIects may not by the Lawes of this Kingdome of England, by all meanes whatsoever, whether by raising of Armes or o­therwise, endeavour to their uttermost, to apprehend, oppose, quell, and vanquish, the aforesaid persons.

Answer. IT is not onely lawfull but commanded by the Laws of this Kingdome, 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, doe not without com­mand, or absent doe not upon command endeavour to apprehend, oppose, quell, and vanquish the said persons; they are punishable by the Laws of this Kingdome.

The Proofe. 1 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 Armes; to preserve the Peace, nay ought, if otherwise it cannot be preserved, though it be onely 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 doe 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. Iustice of P. pag. 133, 134, 135, &c. 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 publique Officer, as Sheriffs, Constable, &c. may and ought to raise and leavy the power of the County, Hundred, or Towne, to represse the breaking of the peace, if other wise it cannot be repressed; or for the apprehending of Traytors, Felons, &c. 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; [Page 3]and if any refuse to ayd them therein, they are in like manner to be punished.

2 Secondly, for that this assembling and demeaning themselves as aforesaid, is in terrorem populi Domini Regis, in amazement of the Kings Liege-people, and so a riot, rout, and unlawfull assembly. Now if the num­ber of there or more persons, assemble themselves toge­ther, to doe an unlawfull act, all persons in the County where the same assembly is, being able to travell, are to ayd and assist the Iustices of the Peace, and Sheriffs to resist, repell, and take such offenders, and that under paine of imprisonment, fine, and ransome by the Statute 2 Hen. 5. cap. 8. a fortiori, where unlawfull acts are done, as in the cafe put.

3 Thirdly, for that this assembling and demeaning of themselves as aforesaid, is by the Cōmon Laws of this Kingdome high Treason; every Rebellion is high Trea­son, and so was it resolved and adiudged by all the Iudges of England, pasch. 39 of Eliz. of that multitude then assembled in warlike manner to pull downe Inclo­sures, in those places, where they had no colour to claime Common, and so was adiudged by the whole Parlia­ment, 29 Hen. 6. cap. 2. in Cades rebellion, that he was a Traytor, and the leavying of Armes within this King­dome in warlike manner, without lawfull cause, is Re­bellion, and so Treason; and so it is resolved, Abridg­ment of Dier 13 Eliz. 298.

Now by the Laws of this Land, all are bound to ap­prehend and take all Felons and Traytors, under the penalties before mentioned; yea, I conceive, under grea­ter. For if A commit Treason, and B know it, and con­ceale it, it is misprision of Treason, and he shall forfeit [Page 4]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 downe Inclosures afore mentioned, were adIudged Traytors, much more these Rebels as­sembled to pull downe the Inclosures namely, the fence of our Religion, Laws and Liberties, viz. the Parlia­ment, which is the onely Fence and Guard we have in this Kingdome, against ruine of Religion, Lawes, and Liberties, the generall medicine, to cure all our grievan­ces, the life of our lives and livelyhoods.

And that this is the maine intention of this Rebelli­on, appeareth, not onely by their owne speeches, but also for that:

• 1 First, they perswaded the King to absent himselfe from the Parliament, thereby to nullifie (as much as in them lay) the benefit and profit, that the Kingdom might receive thereby.
• 2 Secondly, to detaine divers Members of both Hou­ses, from returning to the Houses whereof they were Members.
• 3 Thirdly, to withhold divers Delinquents from being brought to answer their crimes.
• 4 Fourthly, to go to the House of Commons to demand the five Members, with such an attendance, as might have been the ruine and death of all that had opposed.

The principall 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 sences will agree the same to be the Common Laws of this King­dome; therefore the Case is further put: [Page 5] Admit that this Assembly is by the Kings 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.

1 First, it is not to be beleeved that they have the Kings command, for that His Masesty hath off promised by divers Dedatations, and also protested by his solemne Protestations, that he will rule and governe his Sub­Iects by and according to the knowne Lawes of this Kingdome; both which Promises and Protestations were broken, if His Maiesty should command the assem­bling of the foresaid persons, in manner as aforesaid; or to doe or commit the outrages aforesaid, being both un­lawfull, and contrary to the knowne Lawes of this Kingdome, as before is apparently manifested.

And therefore his MaIesties command by word is not sufficient, but it must be in all Cases to Iustifie the party, by or from some of his Courts of Iustice, or under some of his MaIesties Seales thereunto Appointed, Co. Ma. Cha. 186. b. 187. forevery His Masesties Seales are appropriated to eath Court, as the Laws of this King­dome have disposed, and every Seale will not serve in every case; and therefore untill the foresaid persons pro­duce such warrant as is according to law, it is not onely [Page 6]lawfull, but commanded by the Lawes of this King­dome, that all perssons able, should by all, or any meanes whatsoever, endeavour to apprehend, oppose, quell the aforesaid persons assembled as aforesaid, under the name of the Kings Army; which is proved by a familiar Case, viz. a Capias issueth to the Sheriffe of S to take A ad respondendum, &c. and before the taking, A pro­cureth a protection or a Supersedeas, the Sheriffe of S may Iustifie the taking of him, untill the shewing of the Protection or Supersedeas by A unto him, and that the Protection or Supersedeas doe appeare legall, both for the matter, manner, Court and Seale; And if the She­riffe doe 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.

2 Secondly, but admitting they have a command from the King, under His MaIesties great Seale, or any o­ther legall Seale, 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 demeanor in it selfe considered, is against Law in case the King command it not; now it a thing be in it selfe against Law, the Kings command doth not, nor cannot make it lawfull: for the Kings commands or prohibi­tions, against the knowne Lawes of the Kingdome, are ipso facto voyd, and so saith Bracton, Nihil aliud potest Rex, quam quod de Iure potest, and the rule is generall 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 [...] [Page 7]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 unlawfull act) and A accor­dingly doth arrest hun; B may have an Action of false imprisonment against A notwithstanding the Kings 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, &c. A may be indicted at the Kings suit therefore, notwithstanding the Kings 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 Iudge of Assize, while he is doing his Office, and he accordingly kill him, this is high Treason, notwithstan­ding the Kings command, and the Indictment shall be contra Legeanciae suae debitum, against the duty of his Allegiance; for his duty of Allegiance is onely 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 Iudge as afore, then much more hamous Treason is it, to kill the Iudges of that Iudge, 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 Iust cause, and A doe ac­cordingly, A shall therefore be punished, as if no such command had béen, as appeareth by the present expe­rience of the late Sheriffes, for taking away mens Goods for the Shipmoney; and by the Officers of Monopolies, who have not in any manner beene excu­sed [Page 8]for that they had the kings 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 kings Commission for what they doe, 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.

3 Thirdly, the King cannot by his command under the great Scale or otherwise, deny, hinder, or prohibite Iustice to any of his SubIects, or any Iust thing, to them, or for them, to be done; but this command unto the Ca­valiers, to rob, spoyle, and take away mens goods, hill, imprison, and wrong their persons, without making satisfaction for them; is a denying, hindering, and prohi­biting Iustice to them, and for them.

As if the King grant a protection under the grant Seale 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 mans suite, and this per praerogativam nostram quam nolumes esse arguendam; yet if the Sheriffe doe not arrest the laid I. N. upon processe 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 Kings Army, were no Peace-breakers, Traytors, nor Felons, (as before we have proved them to be) yet being so declared de facto, by the Iudges of the suppreame Court, viz the Parliament: Whether are the SubIects of this Kingdome bound, by the Lawes of the same, to give credit to their Iudgement, and so farre to beleeve them, as to endeavour to apprehend such persons so de­clared, and proceed against them accordingly?

Answer. THey are.

1. Because the Iudgement of a Court of Record is quasi Iuris 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 speakes to all that are Within the Iurisdiction of it; now we are bound to beléeve the sen­tence, or dictates of the Law, when they are thus utte­red unto us, without dispution or er amination; for that these Courts are intrusted by the Lawes, to utter and expresse their sence in the cases, that are within their cog­nizance and Iurisdiction.

Therefore if the Lords and Commons in Parlia­ment Assembled make an Ordinance or Declaration, that is their Iudgement, and bindeth all persons with in the Iurisdiction of the Court, untill it be reversed, which must onely be done in Parliament, and so is the ex­presse booke of 8 hen. 4.14.

2 If all persons, within the Iurisdiction of any other interiour Court of Record, within Kingdome are hound to beléeve and obey the Iudgement of the same Court, untill it be reversed: then much more, those with­in the Iurisdiction of the highest and supreame. But all persons are bound by the Lawes of this Land, to be­léeve the Iudgement of interiour Courts, that are with­in the Iurisdiction of the same, untill it be reversed. For Example:

If I. S. a man frée 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 Iudges of Record, in this Kingdome; every SubIect is bound, so farre to beléeve, and credit the said Iudgement to be true, that he is not to receive, relieve, or comfort the said I. S. it be doe, 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 perill; he is accessary to the said Felony, 12 E. 2. Coron. 377. which is cited 19 Eliz. dy. 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 béene attainted by a former Parliament, held 10 Rich. 3. in which booke it is resol­ved by the Iudges 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 Iust cause: And no doubt, if any bad apprehended any of those persons, so declared Traytors, before the reversall of the Attainder, or the said I. S. Outlawed as aforesaid, he might well lustilie it, and was not any way for to be [Page 11]punished: Nay, had āny refused to apprehend any of those persons attainted, or I. S. outlawed as aforesaid, he should therefore be iustly lyable to the punishment aforesaid.

3 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 himselfe, but it must remaine valid and of force, untill it be reversed.

And therefore it was lately held, by the Iudges of the Kings Bench, in the Lord Sayes Case for the Ship­money; that it being resolved by the maior part of the Iudges of England in the Exchequor Chamber, for the king; That that Iudgement standing in force, the same matter was not to be brought in question againe, nor to be disputed, though betwixt other parties; and therefore refused to heare the Lord Sayes counsell, except they had new matter not resolved before: and some of the Iudges then affirmed, that that, and every such Iudgement by all the Iudges, is as it were and Act of Parliament to bind the SubIect, and is in as much force untill the same be reversed, which must be in Parliament, and no where else, as accordingly since, the said Iudgement in the case of Shipmoney hath been; so that as all men were bound up, by the said Iudgement, now by the reversall thereof all men are at large, and the King thereby as much bound as the SubIect was before; Whereupon we may see how deepely it concerneth the SubIects of this king­dome, to have frequent Parliaments, to review the Iudgements of interiour Courts, And also to have bonest and able Iudges, chosen into the places of Iudicature; and that such of them as offend may be punished accor­ding [Page 12]to their demerit, and that, that punishment may not be dispenced with.

4 If the verdict of twelve men, by the Lawes of this Kingdome, are obligatory, and binde the King and Sub­Iect perpetually where an attaint lyeth not, and if an an attaint lyeth, there it is contradicted by foure and twenty, where the former was but by twelve onely; then it ought not to be marvelled that such estéeme is had of the Iudgement of the Iudges: 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 Iustice and remembred 7 H. 4.14. which was, That one killeth ano­ther in the presence of the said Chiefe Iustice, 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 Chiefe Iustice made answer, That be ought to re­spite the Iudgement therein, and petition His MaIesty for his pardon: so that the Verdict doth and must stand in force against both King and SubIect, and the Kings command by word, or affitmation, to the contrary is of no effect. And if the said Iudge had not had particular knowledge, who it was that killed that man, then he ought to have given Iudgement without any delay; or if he had given Iudgement and the party against whom such Iudgement 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 beene subIect to punishment, in man­ner aforesaid.

5 Lastly, it may be proved by that generall rule taken [Page 13] Co. 10.76. in the Case of the Marshall-sea, viz. that where a Court hath Iurisdiction of the cause, but pro­ceedeth erroneously, or against Law, to a Iudgement that all Officers and others imployed in execution of that Iudgement, are to be excused; and whatsoever they doe therein is lawfull, and iustifiable, and may not be admit­ted to dispute or question the illegality thereof; so that upon the whole matter it appeareth, That the supreame and highest Court of Record in the Kingdome, which hath Iurisdiction over all Courts and Causes, namely, the Parliament, Declaring the aforesaid Assembly to be disturbers of the Peace, Traytors, Felons, &c. 1 That their Iudgement doth and must stand in force, untill it be reversed; and all Officers and others are bound to further the execution to that their Iudgement, and to do their commands, and the commands of the Law, touch­ing the same, and are by the same Law Iustified therein.

And hereupon it appeareth that , Quacumque via data, the first conclusion standeth firme, viz. that it is not onely lawfull, but commanded by the Lawes of this King­dome, that all persons able, should by all or any meanes whatsoever, endeavour to apprehend, oppose, quell, and vanquish, the said persons assembled in manner as afore­said, notwithstanding the Kings Command or Prohibi­tion, Commune periculum, commune auxilium petit.