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JUDGE JENKINS Remonſtrance TO THE LORDS AND COMMONS OF The two Houſes of Parliament AT Weſtminſter, The 21. of February, 1647.

By DAVID JENKINS Priſoner in Newgate.

London, Re-printed in the year, 1660.


JUDGE JENKINS Remonſtrance TO THE Lords and Commons AT Weſtminſter.

I Deſire that the Lords and Commons of the two Houſes, would be pleaſed to remember, and that all the good people of England do take notice of an Order of the Houſe of Commons this Seſſion, for publiſhing the Lord Cook his Books: which Order they may find printed in the laſt leaf of the ſe­cond part of his Inſtitutes, in theſe words, viz.

UPon debate this day in the Commons Houſe of Par­liament, the ſaid Houſe did then deſire and held it fit, that the Heir of Sir Edward Cook ſhould publiſh in print the commentary [upon Magna Charta, the Pleas2 of the Crown, and the Juriſdiction of the Courts, according to the intention of the ſaid Sir Edward Cook, and that none but the Heir of the ſaid Sir Edward Cook, or he that ſhall be authorized by him, do preſume to publiſh in print any of the foreſaid Books, or any Copie thereof.

H. Elſyngo Cler. Dom. Cont.

And I do further deſire them that they would read and peruſe Mr. Solicitour Saint-John, and Mr. John Pym, their Books, publiſhed likewiſe this Seſſion, whoſe Titles are as followeth, viz.

  • An Argument of Law concerning the Bill of Attainder of high treaſon of Thomas Earl of Strafford. At a conference in the Committee of Both Houſes of Parliament, By Mr. Saint-John his Majesties Solicitor General. Publiſhed by Order of the Commons Houſe.

    London, Printed by G. M. for Jo. Bartlet, At the ſign of the Gilt Cup near St. Auſtins gate in Pauls Church­yard, 1641.

  • And the Speech or Declaration of John Pym Eſquire. After the recapitulation or ſumming up of the charge of High Treaſon againſt Thomas Earl of Strafford, 12 April. 1641. Publiſhed by order of the Commons Houſe. London Printed for John Bartlet, 1641.

1 NOthing is delivered for Law in my Books, but what the Houſe of Commons have avowed to be Law in Books of Law publiſhed by their command this Seſſion, and agreeable to the books of Law, and Statutes of this Realm in all former times and Ages.

2 The ſuppoſed offence charged on me is againſt the two Houſes, and none ought to be Judges and Parties; by the Law of this Land, in their own caſe.

33 I deſire the benefit of Magna Charta, the Petition of right, and other good Laws of this Land, which ordain that all mens tryals ſhould be by the eſtabliſh'd Laws and not otherwiſe: they are the very words of the Petition of Right.

An Ordinance of both Houſes is no Law of the Land,1 Part Col. of Ordinances, f. 728. 2 pars Inſt. fol. 47, 48, 157.143. 4 par. Inſtit. 23.232.298. H. 7.18. by their own confeſſion; and by the Books of the Lord Cooke, publiſhed by their Order as aforeſaid this Seſſions, in Six ſeveral places.

For Sedition in my Books their is none, but ſuch as they have authorized, this Seſſion, to be publiſhed and Printed. To publiſh the Law is no ſedition. Theſe Poſitions fol­lowing I do ſet down for the Law of the Land in my Books, and they themſelves have juſtified and avowed them as aforeſaid, we agree the Law to be,3 Part. Inſtit. pag. 12. M. Sollicitor, pag. 12. 3 Part Inſtit. pag. 9. M. Pym, p. 28. 3 part Inſtit. .10, 1, 1, 3 part. Inſtit. p. 9. M. Sollicitor p. 10.136. M. Sollic. p. 9. M. Sollic. p. 9. Mr sollic. p. 23. 4 part. 4. Inſt. p. 25. Juſtice Hut­tons Agu•••f. 39.40. 4 part. Inſtit. 2 part Inſt artic. ſu­per chartas. cap. 5. 1 part. coll. of Ordinances. & Cookut ſupra. and to have been in all times, in all the particulars following, as here enſueth;

  • 1. To impriſon the King is High Treaſon.
  • 2. To remove Councellours from the King by force is High Treaſon.
  • 3. To alter the eſtabliſh'd Laws in any part by force is High Treaſon.
  • 4. To uſurp the Royal Power is High Treaſon.
  • 5. To alter the Religion establiſh'd is High Treaſon.
  • 6. To raiſe Rumours and give out words to alienate the People affections from the King is High Treaſon.
  • 7. To ſeſſe Souldiers upon the People of the Kingdom without their conſent is High Treaſon.
  • 8. The execution of Paper Orders by Souldiers in a milita­ry way is High Treaſon.
  • 9. To counterfeit the Great Seal is High Treaſon.
  • 10. The Commiſſion of Array is in force and none o­ther.
  • 11. None can make Judges, Juſtices, Sheriffs, &c. but the King; the King makes every Court.
  • 12. The Great Seal belongs to the Kings cuſtody, or to whom he ſhall apoint, and none other.
  • 13. Ordinances of one or both Houſes are no Laws to bind the People.
  • 414.
    part. Inſtit. p. 25. M. Solic. p. 8.70. M. solic. pag. 12.27. M. solic. pag. 26. M. solic. p. 35. M. Pym p. 8. M. Pym, p. 17. M. Pym, p. 24.3 part Inſtit. pag. 9.
    No Privilege of Parliament, holds for Treaſon, Felony, or breach of the Peace, not for 20, Parliament-men, forty, nor three hundred.
  • 15. To ſubvert the Fundamental Laws is High Treaſon.
  • 16. To levy war against the Perſon of the King is High Treaſon.
  • 17. To perſwade Foreiners to levy war within this King­dom is High Treaſon.
  • 18. To impoſe unlawfull Taxes, to impoſe new Oaths is High Treaſon.
  • 19. The King can do no wrong.
  • 20. It is a pernicious Doctrine to teach Subjects, they may be diſcharged from the Oath of Allegiance. Then what means the Doctrine of both Houſes of the Votes 11. of Febr. 1647.
  • 21. A Neceſsity of a mans own making doth not excuſe h. m. The requiring and forcing of the Militia, brought the neceſſity of arming upon the Houſes.
  • 22. None can levy war within this Realm without au­thority from the King, for to him only it belongeth to levy war, by the Common Law of the Land, to do otherwiſe is High Treaſon by the ſaid Common Law.The only Quarel was and is the Militia: for which ſo much Blood hath been ſpent, and Treaſure.
  • 23.
    M. Solicitor, p. 70, 71. 4 part. Inſt: p. 1, 3, 4. 4 part. Inſtit. 41, 356.
    No Parliament without the King, he is Principium, caput & finis.
  • 24. Preſentment or Tryal by Iury, is the birth-right of the Subjects.

There is no doubt but that many in both Houſes are free from this great ſin, and that moſt of the prevailing party, had at firſt no intentions to proceed ſo far; but the madneſſe of the People (who are very unſtable, and ſo they will find them,) and the ſucceſſe of their Armies (having this great rich City to ſupply them with all accommodations) have ſo elated them, that the evil is come to this height.

For my ſelf, to put me to death in this cauſe, is the greateſt honour I can poſſibly receive in the world: Dulce5 & decorum eſt mori pro patria, and for a Lawyer and a Judge of the Law, to dye, Dum ſanctis patriae legibus obſequitur, for obedience of the Laws, will be deemed by the good men of this time a ſweet-ſmelling Sacrifice; and by this and future times, that I dyed full of years, and had an honeſt & an honourable end; And poſterity will take knowledge of theſe Men who put ſome to death for ſubverting of the Laws, and others for ſupporting of them, &c.

Yet mercy is above all the works of God. Bracton l. c. 9. p. 10.7 4 pars Inſt. 342, 343. stanford 99.The King is Gods Vicar on Earth. In Bracton, who was a Judge in Henry 3 time, you ſhall find the Kings Oath; To ſhew mercy is part of it. You are all his Children; ſay, and do what you will, you are all his Subjects, and He is your King and Parent. Pro magno peccato paululum ſupplicii ſatis eſt patri; and therefore let not the prevailing party be obdurate, out of a deſperation of ſafety: That which is paſt is not revocable; take to your thoughts your Parents, your Wives, your Children, your Friends, your Fortunes, your Country, wherein Foreiners write there is Mira ae­ris ſuavitas & rerum omnium abundantia. Invite not them hither; the only way to be free of their company will be, To reſtore his Majeſty, and receive from him an Act of Oblivi­on, a general pardon, aſſurance for the Arrears of the Soul­diery, and meet ſatisfaction to tender Conſciences.

God preſerve the KING and the LAWS.
David Jenkins, Priſoner in Newgate.

About this transcription

TextJudge Jenkins remonstrance to the Lords and Commons of the two Houses of Parliament at Westminster, the 21. of February, 1647. By David Jenkins prisoner in Newgate.
AuthorJenkins, David, 1582-1663..
Extent Approx. 10 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images.
SeriesEarly English books online.
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(EEBO-TCP ; phase 2, no. A87536)

Transcribed from: (Early English Books Online ; image set 119788)

Images scanned from microfilm: (Thomason Tracts ; 151:E1023[8])

About the source text

Bibliographic informationJudge Jenkins remonstrance to the Lords and Commons of the two Houses of Parliament at Westminster, the 21. of February, 1647. By David Jenkins prisoner in Newgate. Jenkins, David, 1582-1663.. [2], 5, [1] p. [s.n.],London :Re-printed in the year, 1660.. (Annotation on Thomason copy: "May 8".) (Reproduction of the original in the British Library.)
  • Treason -- England -- Early works to 1800.
  • Monarchy -- England -- Early works to 1800.
  • Law -- England -- Early works to 1800.
  • Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800.
  • Great Britain -- History -- Constitution -- Early works to 1800.

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  • DLPS A87536
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