Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	court_n	england_n	king_n	6,974	5	3.9777	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87772	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 ad ill. propugnandam. informandum conservandam. 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 John Wright. Iohn White.	He that prayeth/studieth the peace of the King/kingdome.; England and Wales. Parliament. House of Commons. aut	1649 (1649)	Wing K584; Thomason E475_38; ESTC R202670	6,939	14

by or from some of his Courts of Iustice or under some of His Maiesties Seales thereunto appointed Co. Ma. Cha. 186. b. 187. for every His Maiesties Seales are appointed to each Court as the Lawes 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 only lawfull but commanded by the Lawes of this Kingdome that all persons able should by all or any means whatsoever endeavour to apprehend oppose quell vanquish 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 do 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 lyeth 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 Maiesties great Seale or any other legal 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 demean or in it selfe considered is against Law in case the King command it not now if 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 void and so saith Bracton Nihil aliud potest Rex quam quod de jure potest and the rule is generall as well in the Kings case as in the case of common persons Quod contra legem fit pro infecto habetur and the Actors and Erecutioners of these commands 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 him B may have an Action of false imprisonment against A notwithstanding the Kings command 16 Hen. 6. ●mrance de 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 been In like manner if the King should command A to kill 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 fuae 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 hainous Treason is it to kill the Iudges of that Iudge which are the Lords and Commons in Parliament The same Law is if the King command A to take away the Goods of B without iust cause and A doe accordingly A shall therefore be punished as if no such command had beene 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 xcused 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 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 Seale 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 kill 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 great Seale to I. N. directed to the Sheriffes and other Officers commanding them that they shall not arrest the said I. N. during one whole yeere next ensuing at any mans suit and this per praerogativam nostram quam nolumus esse arguendam yet if the Sheriffe doe not arrest the said I. N. upon processe against him he shall be amerced and this command or prohibition of the Kings shall be no excuse to him and so is Co. Mag. Chart. 56. where particular cases are put to that purpose Quaere 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 Judges of the Supreame Court viz. the Parliament Whether are the Subjects of this Kingdome bound by the Lawes of the same to give credit to their Judgement and so farre to beleeve them as to endeavour to apprehend such persons so declared and proceed against them accordingly Answer THey are Because the iudgement of a Court of Record is quasi Jurisdictum 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 believe the sentence or dictates of the Law when they are thus uttered unto us without disputing or examination 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 within 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 It all persons within the Iurisdiction of any other inferiour Court of Record within this Kingdome are bound to beleeve and obey the Iudgement of the same Court untill it be reversed then much more those within in the Iurisdiction of the highest and supreame But all persons are bound by the Lawes of this Land to beleeve the Iudgement of inferiour Courts that are with in the Iurisdiction of the

same untill 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 inferior sort of Iudges of Record in this Kingdome every Subiect i● bound so farre to beleeve and credit the said Iudgement to be true that he is not to receive relieve or comfort the said J. S. if he 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 beene 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 therof but by reversing it in Parliament though it were done in the time of an Vsurper and without any iust cause And no doubt if any had apprehended any of those persons so declared Traytors before the reversal of the Attainder or the said I. S. Outlawed as aforesaid he might well iustifie it and was not any way for to be punished Nay had any refused to apprehend any of those persons attainted or I. S. outlawed as aforesaid he should therefore be iustly lyable 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 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 Ship-money 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 therfore refused to heare the Lord Sayes counsell except they had new mater not resolved before and some of the Iudges then affirmed that that every such Iudgement by all the Iudges is as it were an 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 Shipmony hath been so that as all men were bound up by the said Iudgement now by the reversall therof all men are at large the King therby 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 Iudgments of interiour Courts also to have honest and able Iudges chosen into the places of Iudicature and that such of them as offend may be punished according to their demerit and that that punishment may not be dispenced with If the verdict of twelve men by the Lawes of this Kingdome are obligatory and binde the King Subiect perpetually where an attaint lyeth not and if an attaint lyeth there it is contradicted by foure and twenty where the former was but by twelve only then it ought not to be marvelled that such esteeme is had of the Iudgement of the Iudges but a verdict bindeth as appeareth by the resolution of a question propounded by King Hen. 4. to Gascoigne his then Chiefe Iustice and remembred 7 H. 4.14 which was That one killeth another in the presence of the said Chiefe Iustice a third man which is not guilty is by the verdict of twelve men found guilty what the law in that case were to which the Chiefe Iustice made answer That he ought to respite the Iudgement therein and petition His Maiesty for his pardon so that the verdict doth must stand in force against both King and Subiect and the Kings command by word or affirmation to the contrary is of no effect And if the 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 the party against whom such Iudgement was given was apprehended or executed by any Officer that Officer and all assisting him therein had beene freed from all blame and were not any way to be punish●d 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 Lastly it may be proved by that generall rule taken Co. 10.76 in the Case of the Marshall sea viz. that where a Court hath Iurisdiction of the cause but proceeded erroneously or against Law to a Iudgement that all Officers others imployed in execution of that Iudgement are to be excused and whatsoever they do 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 supream and highest Court of Record in the Kingdome which hath Iurisdiction over all Courts and Causes namly the Parliament Declaring the aforesaid Assembly to be disturbers of the Peace Traytors Felons t. That their Iudgement doth and must stand in force untill it be reversed and all Officers and others are bound to further the execution of that their Iudgement to do their commands and the commands of the Law touching the same and are by the same Law iustified therin And hereupon it appeareth that Quacumque via data the first conclusion standeth firme viz. that it is not only 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 FINIS

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 ad ill propugnandam informandum conservandam 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 John Wright Iohn White LONDON Printed for John VVright at the Kings head in the Old-bayley 1649. The Case FIve or ten thousand or more Persons aggregate and assemble themselves together in a Warlike manner with Officers and all provisions of Warre 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 Honses by force and imprson divers Upon this Case there are divers Quaeres Quaere VVHether others of the Kings Subjects may not by the Lawes of this Kingdome of England by all meanes whatsoever whether by raising of Armes or otherwise endeanour to their uttermost to apprehend oppose quell and vanquish the aforesaid persons Answer 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 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 punish able by the Lawes 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 cake 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 endeavour to part them or prevent the breach of the Peace this third man is to be amerced 3 Edward 3. Itinere Northampton Corone 293. But by M. Lambert hee is to be fined and imprisoned Lamb. Justice 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 publike Officer as Sheriffs Constable c. May and might to raise and leavie the power of the County Hundred or Towne to repressed or for the apprehending of Traytors Felons c. 3. Hen. 7.10 Dalton Office of Sheriffes 136. And if they faile in performance of their duties therin 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 three or more persons assemble themselves together to do 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 pansome by the statute 2 Hen. 5. cap. 8. a fortiori where unlawfull Acts are done as in the case put Thirdly for that this assembling and demeaning of themselves as aforesaid is by the Common Lawes of this Kingdome high Treason every Rebellion is high Treason and so was it resolved and adiudged by all the Judges of England pasch 39 of Eliz. of that multitude then assembled in warlike manner to pull down Inclosures in those places where they had no colour to claim 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 resolded A bridgement of Dier 13. Eliz. 298. Now by the Lawes of this Land all are bound to apprehend and take all Felons and Traitors under the penalties beforementioned 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 forefeit therefore all his goods and the profit of his Lands during his lite much more where he doth ret use toasst in apprehending and punishing the offenders If the assemblers to pull downe Inclosures aforementioned were adiudged Traytors much more these Rebels assembled to pull downe the Inclosures namely the fence of our Religion Lawes 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 lively hoods And that this is the maine intention of this Rebellion appeareth not onely by their own speeches but also for that First they perswaded the King to absent himselfe from the Parliament thereby or 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 Delinquenes 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 apposed The principall Case and all the other Cases in answer thereunto ate 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 Lawes 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 Quaere 2. VVHat 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 Maiesty hath oft promised by divers Declarations and also protested by his solmne 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 assemqling 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 iustiste the party