case OF arm see Philips v Eyre lr Q b upon a assembly of all the justice and  baron at SergeantsInn this term on Monday the that day of April upon this  question move by Anderson chief justice of the common bench whether man may  arm themselves to suppress riot rebellion or to resist enemy and to endeavour  themselves to suppress or resist such disturber of the peace or quiet of the  realm and upon good deliberation it be resolve by they all that every justice  of peace sheriff and other minister or other subject of the king where such  accident happen may do it and to fortify this their resolution they peruse the  statute of e cap which enact that none be so hardy as to come with force or  bring force to any place in affray of the peace nor to go or ride arm night  nor day unless he be Popham a servant to the king in his presence and the  minister of the king in the execution of his precept or of their office and  these who be in their company assist they or upon cry make for weapon to keep  the peace and this in such place where accident happen upon the penalty in the  same statute contain whereby it appear that upon cry make for weapon to keep  the peace every man where such accident happen for break the peace may by the  law arm himself against such evil doer to keep the peace but they take it to  be the more discreet way for every one in such a case to attend and be  assistant to the justice sheriff or other minister of the king in the do of it  at the same time it be also resolve by they all except Walmsley fennor and  Owen in the case of one Richard Bradshaw and Robert Burton who with other late  by word eutred themselves into a agreement one with another to rise and put  themselves into arm and so to go from one gentleman house to another and so  from house to house to pull down enclosure general that this so appear by  their own confession or by two witness accord to the statute be high treason  by the statute of Elizabeth cap the word of which statute be that if any  intend to levy war against the queen and this malicious advice and express  declare or utter by any word or say that this shall be high treason for all  agree that rebellion of subject against the queen have be always high treason  at the commonlaw for the Popham er p statute of e cap be that levy of war  within the realm against the kin treason and rebellion be all the war which a  subject can make against the king but Walmsley and the other with he say that  the statute of mark cap that if any to the number of twelve or more assemble  themselves to the intent to pull down enclosure pale and the like with force  and continue together after proclamation accord to the statute to go away by  the space of a hour or do any of the offence mention in the statute that this  be felony so that if these action have be treason at the commonlaw it have be  to no purpose to have make it felony and it seem to they that the resistance  ought to be with force to the queen before that such act shall be say treason  but all the other justice agree and so it be put in ure late in the case of  the apprentice of London that if any assemble themselves with force to alter  the law or to set a price upon victual or to lie violent hand upon the  magistrate as upon the mayor of London and the like and with force attempt to  put it in action that this be rebellion and treason at commonlaw and this  statute of nariae make it in such a case but felony and they put a diversity  between the case of pull down enclosure pale c comprise in the statute of mark  for those be to be understand where diverse to the number of twelve or more  pretend any or all of they to be injure in particular as by reason of their  common or other interest in the land enclose and the like and assemble to pull  it down forcible and not to the case where they have a general dislike to all  manner of enclosure and therefore the assemble in a forcible manner and with  arm to pull they down where they have any interest whereby they be in any  Popham particular to be annoy or grieve be not treason but the case here tend  to a generality make the act if it have be execute to be high treason by the  course of the commonlaw and therefore the intention appear as the case be here  it be treason by the statute of aforesaid periam in some manner doubt of the  principal case but to intend to rise with force to alter the law to set price  upon any victual or to use force against a magistrate for execute his office  of justice and the like be say that they be clear treason by the statute of  aforesaid if it may appear by express word or otherwise as the say statute  mention for all these tend against the queen her crown and dignity and  therefore shall be as against the queen herself and if it have be put in  practice it have be treason at the commonlaw here end the Lord popham report  Popham a addition OF certain select case in the time OF king james and king  Charles the first trin James in the king bench enter hill James rot