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. Printed in the Year, 1647. Judge Jenkins Remonstrance, etc. 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's books, which Order they may find printed in the last leaf of the second part of his Institutes, in these words, (viz.) Die Mercurii 12. May 1641 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 Pleas of the Crown, and the jurisdiction of 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 copy thereof. H. Elsing Cler. Dom. Com. And I do further desire them that they would read and peruse Mr. Solicitor Saint-Iohn, 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 a Committee of both Houses of Parliament. By Mr. Saint-Iohn His Majesty's Solicitor General. Published by Order of the Commons house. LONDON, Printed by G. M. for Jo. Bartlet, at the sign of the guilt Cup, near St. Augustine's gate in Paul's 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 the 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. 3. I desire the benefit of Magna Charta, the Petition of Right, and other good Laws of this Land, which ordain that all men's trials should be by the established 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 by their own confession; ●● Part col. of Ordinances, fol. 7●8. 2. Part instit. fol. 47 48. 157 647. 4. Part instit. 23. 232. 298. 4. H. 7. 18. and by the books of the Lord Cook, published by their Order as aforesaid this Session in six several places. For Sedition, in my books there is none, but such as they have authorised 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, and to have been in all times in all the particulars following, as here ensueth. 1. To imprison the King is High Treason. 3. Part instit. pag. 12. 2. To remove Counselors from the King by force is High Treason. Mr. Solicitor. pag. 12. 3. part instit. pag. 9 Mr. Pym, pag 28. 3. Part instit. 3. 10. 12 16. 3. Parts instit. pag 9 3. To alter the established Laws in any part by force is High Treason. 4. To usurp the Royal power is high Treason. 5. To alter the Religion established is high Treason. 6. To raise rumours and give out words to alienate ●he people's affections from the King, is high treason. Mr. Solicitor. pag. 30. 31. 36. 7. To sesse Soldiers upon the people of the Kingdom without their consent, is high treason. Mr. Solicitor. pag. 9 8. Mr. Solicitor. pag. 9 The execution of paper orders by Soldiers in a military way, Mr. Solicitor. pag. 24. 4. part. instit. p. 125. justice's Huttons argument, fol. 39, 40. 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, 4. part Instit. justices, Sheriffs, etc. but the King: The King makes every Court. 12. 2. part instit. articul. super charta● cap. 5. The great Seal belongs to the King's custody, or to whom he shall appoint, and none other. 13. 1. part. Coll. of Ordin. and Cool● ut supra. Ordinances of one or both Houses are no laws to bind the people. 14. 4 part instit. 25. No Privilege of Parliament holds for treason, felony, or breach of the peace, not for twenty Parliament men, forty, nor three hundred. 15. M. Solicitor. pag. 8. 70. M. Solicitor pag. 12. 27. To subvert the fundamental Laws, is high treason. 16. To levey war against the person of the King, is high treason. 17. M. Solicitor pag. 26. To persuade Foreigners to levy war, within this Kingdom, is high treason. 18. M. Solicitor pag. 35. To impose unlawful taxes, to impose new Oaths, i● high treason. 19: M. Pym pag. 8. The King can do no wrong. 20. M. Pym pag. 17. It is a pernicious doctrine to teach subjects, they may be discharged from the Oath of Allegeiance. The what means the Doctrine of the Votes of both house of the 11. of Febr. 1647. 21. M. Pym pag. 24. A necessity of a man's own making, doth not excuse him. The requiring and forcing of the Militia brought the necessity of arming upon the Houses. 22. 3. part instit. pag. 9 None can levy war within this Realm, with out authority from the King for to him only it belonge● to levy war, by the Common Law of the Land, to d● otherwise, is high treason, by the said Common Law. Th● only quarrel was and is the Militia; for the which so much blood hath been spent and treasure. At whose door doth the sin lie. 23. No Parliament without the King, M. Solicitor 70. 71. 4. part instit. pag. 1. 3. 4. 4. part instit. 41. 356. he is Principium caput & finis. 24. Presentment or trial by jury, is the birthright of the Subject. 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 fare; but the madness of the people (who are very unstable, and so they will find them) and the success of their arms (having this great rich City to supply them, with all accommodations) have so elated them, that the evil is come to this height. For myself, to put me to death in this cause, is the greatest honour I can possibly receive in this World: Dulce & Decorum est mori pro patria. And for a Lawyer and a Judge of the Law, to die, Dum sanctis patriae legibus obsequitur; for obedience to the Laws; will be deemed by the good men of this time, a sweet smelling sacrifice; and by this, and future times, that I died full of years, and had an honest and 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, etc. Yet Mercy is above all the works of God, Bracton. lib. 3. cap. 9 pag. 107. 4. part instit. 342. 343. Stanford. 99 The King is God's Vicar on earth. In Bracton, who was a Judge in Hen. 3. time, you shall find the King's Oath; To show 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 passed is not revocable; tak● to your thoughts, your parents, your wives, your children, your friends, your fortunes, your country▪ wherein foreigners writ there is mira aeris suavitat & rerum omnium abundantia: invite them not hither, the only way to be free of their company will be, 〈◊〉 restore his Majesty, and receive from him an act of Oblivion, a general Pardon, assurance for the arrears of the Soldiery, and meet satisfaction to tender consciences. God preserve the King and the Laws. Da. jenkin's Prisoner in Newgate. FINIS.