THE ANSWER OF JUDGE JENKINS, TO THE Imputation put upon his Plea in CHANCERY; Which was read in open Court the 14 of February, 1647.  
And avowed by DAVID JENKINS, Prisoner in NEWGATE.  
Printed in the Year, 1648. 1647.   

The Answer of Judge JENKINS, to the Imputation put upon his Plea in CHANCERY, etc.  
I Have no disposition, nor ever had, to be known by any public writing: These miserable times, which fill many men's mouths, and most men's ears with notorious untruths, thereby to blast and destroy the King's Sacred Majesty, his Laws and Government, and to bring in a confusion; enforceth me at this time (who formerly have written nothing but for the public) to let the world know how unjustly the Pamphleter of this week, Licenced by our Reformers, hath traduced me touching a Suit commenced in their Court of Chancery against me, by one M. Erneley a Wiltshire Gentleman, touching the Estate of one M. Thomas of Glamorganshire: The truth whereof is as followeth:  
M. Thomas, whose Father and my Grandfather were two Brothers, about 17 years passed made his Will, and declared by the same his son being then of very tender years) a Ward to his Majesty, and made him his Executor, and myself during his minority, (referring to his Wardship) to Administer his Estate personal and testamentary, and to be accountable to his son when he came to age: And 17 years since the Father died.  
This Estate consists in a stock of Sheep, so disposed by me as the number are yet continued, and for the number and condition, they were at their delivery back, to be made as good by those persons who had the charge of them, as they were when they were rec●●●ed.  
The rest of the Estate (for any considerable part) was in mortgages of Land, forseited in the life of my young Cousin Thomas for many of them; and many absolutely purchased by me in his name in his life time, for the which I am not yet paid.  
The Land descended, and aught, upon Sir Edward Thomas, my Cousin's Heir at Common Law; so that M. Erneley, the Plaintiff in Chancery, hath no colour for the Land: For my young Cousin died without issue about 17 years old, and could not dispose of the Inheritance of any Land by any pretended Will: The stock of Sheep remains, if the plaintiff and the Reformers have not Plundered them: For the Money, it came all to the Court, it was to satisfy the King for the Marriage.  
The colour the Plaintiff hath, is this: After the death of my old Kinsman M. Thomas, by undue means the young Gentleman was married to M. Erneleys Daughter, in a way of Ravishment, being both children, without one penny paid, or consent of Friends or Kindred: For the which, a Suit of Ravishment depended against M. Erneley and others in the Court of wards.  
The young Gentleman died about 17 years of age, since these confusions, without Issue; and some hour before my young Cousin's death (who died of a pestilent Fever) M. Erneley pretends a Will made by him, and that he made his wife (M. Erneleys Daughter) his Executrix: His said wife dies soon after, and is pretended to make a Nuncupative Will, and to make her Father (M. Erneley) her Executor, and so pretends as Executor of an Executor of an Executor: which pretended Wills, he saith he hath proved in the Courts of his Friends, the Reformers.  
Whether such Wills were made or no, must receive an equal examination, and of what validity they are, being pretended to be made by children in extremis, if made at all? And whether an Executor of an Executor of an Executor can maintain an account by the Law of the Land? And whether (I being Executor during the minority, viz. the Wardship) my young Cousin could make such a Will as is pretended, he being no Executor till his full age.  
The age touching Wills, the Law of this Land determines to be 21 years, 
37. H. 6.5. 21 Ed. 4.24.  and before that age at Common Law an use could not be devised. For Wills touching Goods and Chattels, our Law for many ages have left the same to the decision of the Civil and Canon Laws, in the Bishop's Courts: That Law, (as justinian hath it in the second Book of his Institutions, the twelfth chap.) is, Impuberi non licet testari: This Pubertas gins at 14, it is Plena pubertas at 18 years of age; The question is, whether this jus testandi is in pubertate plena, or pubertate inceptâ: Pigot's Case, 5. part of Cook's Reports, the Doctors affirmed, that 17 years of age was a full age as to an infant Executor to dispose of Goods: This opinion hath been by others since denied. Sir Edward Cook 11 part, Instit. sect. 123. saith, He must be 18, which is the time of plena pubertas. 2 Hen. 4.12. an infant of 18 years of age may be a deisseisour. Sir Io. Dodderidge in his Book called, The Office and Duty of Executors; which they say is his, and it is a Learned and laborious Treatise, fol. 347. delivers, that this opinion of 17 years, for that ability in an infant, hath been reported otherwise: This latter opinion comes nearer the Common Law, and the Statute Law of the Land: which Common Law, and Statute Law, gives infants no power by Deed or Will to make any disposition of any thing they have, before 21 years of age.  
It seems also more reasonable, because infants at 18 years have, by the intendment of Law, as they grow in years, more use of reason, to discern what is fit for them to do and act. And for a mere stranger to sue in a Court of Conscience, who pretends by such Wills of infants (the infant Husband being ravished) against the will of the Kindred of the deceased, who died six years since without issue (being 17 years of age) and that any part of his estate should go that way by a course of Equity, unless the Law be for M. Erneley, who paid not a penny with his Daughter, and who would have the Husband of his Daughter bring him a Portion, by his pretended Title of an Executor of an Executor of an Executor, viz. of an infant the Executor of another infant, the Executor of a third person, seems very strange.  
The said Licenced Historiographer of theirs, hath published the 16 of this present month of February, 1647, That I, out of a desire to keep the Estate, have in a Suit in the Court of Wards, in my Cousin's life time, pleaded to the Jurisdiction of that Court. It is true, I did so: for I conceived that the Estate would be unsafe in M. Erneley's hands, and I was willing to preserve it till my young Cousin came to be of age, to dispose of it himself, according as I was trusted.  
The Law being, 
32 H. 8. c. 45. 4 pars Instit. fol. 201.202.  that the Court of Wards had no Jurisdiction over the personal Estate (for then the Marriage was paid for to the King, and all due to the King ascertained.) It is true, that that was insisted upon as was just, for to preserve the Estate from M. Erneley, who would have made what Account he pleased to my Cousin at his full age: And this is the truth of that business.  
That I declined not the Jurisdiction of the Chancery, to keep an Estate in my hand, appears, by my declining long since the Power of the House of Commons to examine me; and the Reformers have all my Estate: What would M. Erneley have, when they (the Reformers) have all already, or can have from me, if he had any colour?  
I desire the good people of this City to observe what notorious Untruths their Licenced Historiographers publish, to delude the people: In this particular Case they publish;  
First, That the Suit against me, is in the behalf of an Orphan: M. Erneley (who is Plaintiff in their Court) is a Wiltshire Gentleman, at least of 50 years of age; there is their Orphan.  
Secondly, That I made a speech to the people at the Hall door, that the questioning of me for what I had done for the King, was illegal; and that the judges had no power to try me, the King being absent: Another notorious untruth! For I protest to God, all that I said was only this, God preserve the King, and the Laws.  
Thirdly, it is said, That coming to the Bar, I stirred not my Hat: All the Lawyers then at the Bar were uncovered; wherefore I held it a civility, to be also uncovered: and so I was, as they all know.  
Fourthly, That the Earl of Manchester should say, I received a great Estate in Money of the Orphan's Estate: As there is no truth in it, so it is most untrue that the said Lord said so (as all men present can testify.) The truth is they care not what they do what they say, what they swear, nor what they writ: Witness their Declaration of a prevailing party of the House of Commons, of the 11 of this instant February; who contrary to the Oath of Allegiance, the Oath of Supremacy, the Protestation, their solemn League and Covenant, their Declarations, to make his Majesty a glorious King, fearful to his Enemies, and beloved of his Subjects; and yet now, after 22 years, they would insinuate to the people, that this King, whom they have so much magnified, hath poisoned his own Father.  
Fifthly, it is a public notorious untruth▪ That the Parliament hath published a Declaration against the King, of the 11 of this instant February; whereas it is well known to be the Declaration of the prevailing party of the House of Commons only, without the Lords; and so they would make that prevailing party only to be the 
* Their licenced Historiographer, who publisheth this, is called their Kingdom's weekly Post, from Wednesday, Febr. to wednesday the 16 of Febr. 1647.  Parliament.  
Let the people of England believe their five Senses; how it was with them seven years ago, and before, during his Majesty's Reign; how this Kingdom abounded then with Peace, Plenty and Glory, to the admiration and envy of other Nations: and now let them consider and judge by their Senses, since those men (whom nothing would satisfy, but all Power both by Sea and Land, which in truth is the Regality and Kingship, and which they call the Militia) have usurped the said Power Regal, whether they have not by Impostures and Delusions, diffused among the people by themselves and their Agents, brought a flourishing Kingdom to the most deplorable condition it now is in.  
To the end that this Kingdom may not utterly be ruined, God incline their hearts to restore his Majesty, and for their own and their Posterities sake, to receive from his Majesty an Act of Oblivion, a general Pardon, assurance for the arrears of the soldiery, and meet satisfaction for tender Consciences.  
DA. JENKINS.  
FINIS.