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parliament_n burgess_n king_n knight_n 3,853 5 7.2952 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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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 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 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 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 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 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 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 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 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. 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 FINIS