JUDGE JENKINS DECLARATIONConcerning The Parliaments Army, and the Lawes and Liberty of the People.
VVHereas the Army (under the Command of the Lord General Fairfax) have and do ſtill indeavour the executing and bringing to tryall the Capitall Offenders of theſe Times, and to execute and inflict exemplary and condign puniſhment upon thoſe who have acted contrary to the fundamentall laws of this Kingdom, whom2 they account to be the great and ſole enemies to peace and truth, and the only Caterpillars which caſts the unſavoury miſt to eclipſe the brightneſſe and ſplendor of the true conſonant VVord of God; therefore, to remove thoſe who are the moſt prevalent, and by their poyſonous Pills, and painted papers, infects the hearts of divers well affected in and about the City of London; it was thought requiſite, by the Lords and Commons aſſembled in Parliament, to remove Judge Jinkins the Oracle of his time, in eſteem with many in London) from Neugate to Wallingford Caſtle, and having a Convoy from the City to conduct him thither, on Sunday laſt he was met by a party of horſe from the Army at Vxbridge, who deſiring a conference with ſome of the Commanders, it was aſſented to, where he declared, That he had alwayes a good opinion of the Army, and (notwithstanding his oppoſing the power and Ordinances of Parliament, and the inſufferable and long impriſonment inflicted upon his weak and frail body) were reſolved to ſacrifice his life for the Lawes of the Land, the Goſpell of Ieſus Chriſt, and the liberties of the people of England; ſaying, that he would ſubmit to any thing that ſhould be concluded by the King and Parliament, but would dye with the Laws, rather then act against them, before they be repealed, but then he would ſubmit to any.
So ſoon as he had declared his Senſe and Reſolution touching the Army, the fundamentall Lawes of the Land, the Government of the Church of England, the Power and Prerogative of his Prince, and the common Rights, Freedom, and Liberties of the people; A Colonell then preſent, asked him, whether he thought the3 King might do what he will; he ſaid, yes, with the conſent of his Judges and Ministers: it being objected, what if they be corrupted; he anſwered, they muſt be obeyed, and ſo the Conference ended; which being done, on Sunday in the afternoon he was conducted from Vxbridge to VVallingford, by a Troop of horſe belonging to the Army.
Omnia jura ſunt in manu Regis,Ezr. 7.26.Whoſoever will not do the Law of thy God, and the Law of the King, let judgment be executed ſpeedily upon him, whether it be unto Death, or to Baniſhment, or to Confiſcation of Goods, or to Impriſonment.
EZra concludes with bleſſing, that the Kings heart was for God, v. 27. and mercy to him from the Author; and ſo many inſtruments, as the King, his Councellors, and Princes, v. 28. The King received a government from his Anceſtors, ſuch as the Nation were never under before, and of all forms it came next to the divine pattern, for God himſelf rules by ſeven Spirits which are before his Throne, Rev. 1.4. & 4.5. called 7 Eyes, Zec. 4.10. not to inform the Almighty, but to be his Witneſſes, and wiſe workers of all his Councels: this was derived to his people, who ſhewed him his name in Gods Book, with his great Office to be Gods Shephard, which cauſed great admiration, And Artaxerxs with his 7 Councellors following the ſteps of Cyrus, honored the God of heaven more then any hod done before them, being Pagans: So happy is it for Kings to learn from God, and to have•is Law go before theirs, and when there is ſuch a conjunction, Judgment is ſeaſonable upon all Offenders.
His Maiesties Propoſals touching Church-Government, to the Parliaments Commiſſioners.
1. His Majeſty ſaid, He had been bred and inſtructed in the way He stands for, and that by his Father, the wiſeſt King, and beſt man in the world; therefore could not eaſily yeeld, n•r muſt it be wondred if He did not.
The Miniſters anſwer for ſatisfaction, the courſe was held: and deſired he declared his ſcruples.
His Majeſty replyed, He had yeelded far, having denied nothing but the ſale of Biſhops Lands, and deſired them to ſpeak whether his anſwer was not good to the Commiſſioners to that part, offering a Copy to Mr. Marſhall, but he refuſed it as not having power, nor was it, ſaid he, fit they judge in ſuch things.
When the King could nor get it received, he ſaid, Is it ſo hot that you fear to burn your fingers.
Then his Majeſty declared the three ſcruples, which the Commiſſioners deſired to ſee before the Miniſters had them.
The laſt, which was the Coronation Oath, becauſe depending upon the Law, was judged improper for them to reſolve: the other two Mr. Marſhall received, and deſiring to withdraw, the King conſented; after they return'd, Mr. Marſhall, M. Vines, and M. Seaman ſpake: His Maieſty deſired it in writing, which they were willing, if the Commiſſioners thought fit: they treated about the Oath at Coronation, and the Ministers were Tueſday to bring their anſwer, which was done. The Kings Biſhops and other Clergy, and the Ministers of Parliament being preſent, Mr. Vines read it, His Maieſty deſired it, promiſing to prepare an anſwer; as to the ſale of Biſhops Lands as Sacriledge: the Commiſ. told5 his Mai. that thing lay ſo much in the Laws of the Land, that the Ministers could not judge of it; at laſt his Mai. appeared inclinable, but ſaid, That if they were alienated, then they did revert to the Crown. On Thurſday the King and the Com. debated about the Directory, and taking away the Liturgy, but nothing concluded of. The King in this debate asked, what fault they found in the Common prayer Book, one one of the Commiſ. anſwered, He had heard it was the ſaying of a very learned man, that the Liturgy was taken out of the Maſſe Book only ſpoiled in the tranſlation: Who was that, ſaid his Maiesty? It was replied, It was your Father King James: His Majeſty ſaid, If it were good in it ſelf, that did not make it ill: the King hath ſince made offer of a limited Epiſcopacy.
Newport,13. October, 1648.
Other letters from the Commiſ. on Wedneſday laſt, and read in both Houſes ſay, That the King grants the militia as is deſired, that is for 20 yeers to be in the Parl. and after if occaſion be of uſing the ſword, in caſe the Parl. ſee cauſe, the King refuſing, the Parl. may make war, and to ſuppreſſe any forraign Forces who ſhall invad, or indeavour to invade the kingdoms of England and Ireland, Dominion of Wales, the Iſles of Guernſey and Jerſey, and the town of Barwick upon Tweed or any of them.
As for the Church which was before it in order, the King ſtill refuſes, and offers Epiſcopacy; and for the Biſhops Lands, he will not conſent to any other, then a Leaſe for 99 yeers: they are now upon the 4 Bill touching Ireland: the Houſe voted, that the anſwer to the Church propoſition is not ſatisfactory, and ordered their6 Commiſſioners to preſſe it to the King again, ſo ſoon as the Bill of Ireland is over.
By an Expreſſe from Wallingford it is ſaid, That the aforeſaid Judge Jenkins hath ſent a Letter to the King, (but intercepted) humbly beſeeching his Majeſty, to ſalve up the Sores of this Kingdom, in this preſent perſonall Treaty, and to embrace the opportunity now on foot, and to play his Cards ſo, that he may ingratiate himſelf into the City and Parliament, by offering to come to Westminſter to treat, deſiring him to court the Lord Generall Fairfax, Lieutenant Generall Cromwell, the Commiſſioners, and others of the Army, by meſſages from himſelf, for the effecting thereof; as alſo to ſend Propoſals to the Army, and to promiſe them large gratuities to be inſtrumentall therein. This Letter is (ſaid to be) directed from VVallingford Caſtle, Octob. 12. and Subſcribed, D. JENKINS.