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Judge Jenkin's PLEA

Delivered in to the EARLE of Mancheſter, and the Speaker of the Houſe of Commons ſitting in the Chancery at Weſtminſter.

Which was Read by their Command in open Court, the 14. of February 1647.

And there avowed,

By DAVID IENKINS, Priſoner in Newgate.

Feb. 16Printed in the Yeare, 1647.


Judge Jenkins PLEA, DELIVERED In to the EARLE of Mancheſter, and the Speaker of the Houſe of Commons, ſitting in the Chancery at Weſt­minſter. Which was read by their command in open Court the 14. of February, 1647. and there avowed,

I Have beene required to appeale in Chancery the 12th. of this inſtant February before Commiſſioners appoynted by the two Houſes for the keeping of their great Seale, and managing the affaires of the Chan­cery.

4I cannot, nor ought, nor will ſubmit to this power; I am a Judge ſworne to the Lawes. The Law is: Firſt,4. pars inſtit. fol. 79. 8. Ed. 4. fol. 5. 9. Ed. 4. fol. 15. that this Court is coram Rege in Cancellaria: Se­condly, the Chancellor or Keeper of the great Seale is by delivery of the great Seale to him by the King, and by taking of an Oath:

The Oath followeth in theſe words.

1. Well and truely to ſerve our Soveraigne Lord the King,4. pars inſtit. fol. 88. 10. R. 2. rot. Parl. num. 8. and his people in that Office.

2. To doe right to all manner of people poore and rich, after the Lawes and uſages of the Realme.

3. Truely to counſell the King, and his Counſell to conceale and keepe.

4. Not to ſuffer the hurt or diſheriting of the King, or that the Rights of the Crowne he decreaſed by any meanes as far as he may let it.

5. If he may not let it, he ſhall make it clearely and expreſly to be knowne to the King with his true advice and counſell.

6. And that he ſhall doe and purchaſe the Kings proffit in all that he reaſonably may, as God him helpe, and the contents of Gods booke.

The ſaid Commiſſioners among others have im­priſoned their King,Declar. 17. Jannua. 1647. have declared to the Kingdome5 that they will make no addreſſes or applications to him, nor receive any from him.

Have counterfeited a new great Seale,Articuli ſup. chartas chap. 5. and after deſtroyed the true old great Seale which belonged by the Law to the Kings cuſtody.

Theſe Commiſſioners have had no Seale delivered to them by his Majeſty, have taken no ſuch Oath, or full ill kept it; and for theſe evident reaſons grounded upon the Fundamentall Lawes of this Land, theſe Commiſſioners have neither Court, Seale, or Commiſſion, and therefore I ought not againſt the Lawes, againſt my knowledge, and againſt my conſcience ſubmit to their power.

To affirme that they maintaine the Kings Power and Authority in relation to his Lawes (as they often doe) and reſtraine on­ly his Perſon, is ſtrange.

They muſt be remembred that the Houſe of Commons this Parliament gave in charge to Mr. Mr. Solicirot. Pag. 27.Solicitor upon the proſecution of the Bill of attainder againſt the Earle of Strafford,6 to declare the Law to be, that Machination of war againſt the Lawes or Kingdome, is againſt the King, they cannot be ſevered.

Mr. Pym had in charge likewiſe upon the ſame proſecution to declare. Mr. Pym. Pa. 16.That the King and his people are obliged one to another in the neareſt relations, he is a Father, and the child in law is called pars patris, he is the Husband of the Common wealth, they have the ſame intereſts, they are inſeperable in their condition be it good or evill; he is the head, they are the body, there is ſuch an incorporation as cannot be diſſolved without the deſtruction of both. 20. H. 7. fol. 7. 8. H. 7. fol. 12. 1. Ed. 5. fol. 3. 4. Ed. 4. fol. 25. 5. Ed. 4 fol. 29.This agrees with our lawes, and the law of this Land: In that argument of Mr. Sollicitour, and diſ­courſe of Mr Pym directed by the Houſe of Commons are contained the true rights, li­berties and Lawes of the people deduced from our Anceſtors in all ages, and wherein there is no line or word but is agreable to the Lawes, and is a neceſſary and uſefull booke to be peruſed, and followed by all; which booke was publiſhed by Order of the Houſe of Commons. If the doctrine of that book had been followed, wee had not been ſo mi­ſerable7 as wee are; neither had theſe great evills enſued, for the which the Land mournes.

In this moneth of February 6 yeares now paſt,Collect. of Ordinances, 1a. pars. fol. 66.67.81. the only difference betweene his Majeſty and the prevai­ling party in both Houſes was touching the power of the Militia, which in plaine Engliſh is power over Sea and Land: this was the Sole quarrell: the King and his progenitors have had it in all times, the Lawes have fixed it upon them, they have uſed it for the weale of the people: none of the Subjects ever had it, or claimed it; the Lawes deny it them; for the time they have had it, our preſſures have beene miſerable.

His Majeſty hath a numerous iſſue, and ſo hath his Father; many great perſons of England, and Scotland are of the blood Royall, and all the Kings of Chriſtendome are of the ſame blood, ſo long as the Lawes laſt, or any of the ſaid perſons, or their deſcendants be liveing, this people ſhall have nei­ther peace nor profit; but all the confuſions that are imaginable will atend them.

And therefore (at length) be good to your ſelves, reſtore our King, receive from him an Act of obli­vion, a generall pardon, aſſurance for the arreares of the Souldiery, and meet ſatisfaction to tender Con­ſciences.

David Ienkins, Priſoner in Newgate.

About this transcription

TextJudge Jenkin's plea delivered in to the Earle of Manchester, and the Speaker of the House of Commons sitting in the Chancery at Westminster. Which was read by their command in open court, the 14. of February 1647. And there avowed, / by David Ienkins, prisoner in Newgate.
AuthorJenkins, David, 1582-1663..
Extent Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images.
SeriesEarly English books online.
Additional notes

(EEBO-TCP ; phase 2, no. A87532)

Transcribed from: (Early English Books Online ; image set 161463)

Images scanned from microfilm: (Thomason Tracts ; 67:E427[12])

About the source text

Bibliographic informationJudge Jenkin's plea delivered in to the Earle of Manchester, and the Speaker of the House of Commons sitting in the Chancery at Westminster. Which was read by their command in open court, the 14. of February 1647. And there avowed, / by David Ienkins, prisoner in Newgate. Jenkins, David, 1582-1663.. 7, [1] p. s.n.],[London :Printed in the yeare, 1647 [i.e. 1648]. (Place of publication from Wing.) (Annotation on Thomason copy: "Feb. 16".) (Reproduction of the original in the British Library.)
  • Jenkins, David, 1582-1663 -- Trials, litigation, etc. -- Early works to 1800.
  • Trials (Treason) -- England -- Early works to 1800.
  • Great Britain -- History -- Civil War, 1642-1649 -- Peace -- Early works to 1800.

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  • Text Creation Partnership,
ImprintAnn Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2).
  • DLPS A87532
  • STC Wing J598
  • STC Thomason E427_12
  • STC ESTC R204228
  • EEBO-CITATION 99863884
  • PROQUEST 99863884
  • VID 161463

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