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justice_n constable_n officer_n peace_n 4,647 5 6.0431 4 true
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A87771 The kingdomes case: or, The question resolved, whether the kings subjects of this realm of England may or ought to ayd and assist each other, in repressing the persons now assembled together, under the name of the kings army. Pro lege rege grege adillam propugnandum. informandum. conservandum. By him that prayeth studieth the peace of the King. kingdome. April 24. 1643. It is this day ordered by the committee of the House of Commons in Parliament, concerning printing, that this booke, entituled (The kingdomes case) be printed by Iohn Wright. Iohn White. He that prayeth/studieth the peace of the King/kingdome. 1643 (1643) Wing K583; Thomason E100_9; ESTC R13566 6,998 15

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THE KINGDOMES CASE OR The Question resolved Whether the Kings SubIects of this Realm of England may or ought to ayd and assist each other in repressing the persons now assembled together under the name of the KINGS 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 Kingdome April 24. 1643. IT is this day ordered by the Committee of the House of Commons in Parliament concerning printing that this booke entituled The Kingdomes Case be printed by Iohn Wright Iohn White LONDON Printed for Iohn 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 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 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 and if any refuse to ayd 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 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 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 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 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 Secondly to detaine 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 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 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 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