A Declaration of Mr. David jenkin's now Prisoner in the Tower of London, one of his majesty's judges in Wales, for Trials, murders, Felonies and all other capital crimes that they ough only to be by Juries and not otherwise unless it be by Act of Parliament.  
THe common Law of this Land is, that every free man is subject to a trial by a bill of Attainder in Parliament wherein his majesty and both houses must necessarily concur, for that trial and attainder is an Act of Parliament to which all men are subject to.  
No man shall otherwise be destroyed, &c. but by the lawful judgement of his Peers, or by the common law of the Land; Peers to Noble men are Noble men, peers to the Commons, are Knights, Gentlemen, &c. 
a Mag. Char. chap. 29. 2. part. inst. fol. 28. 29. 46. 48. 49. 50. composed by Sir Ed. Cook and published by the Order of the House of Commons in May, 1641.  Judgement of peers refers to peers, those words of the Law the land, refers to the Commons, the Law of the land is for the trial of the life of a free Commoner, by Indictment, presentment of good and lawful men where the deed is done, or by writ original of the common law, all this is declared in Magna Churta c. 29. and by the 25. Ed. 3. c. 4. 28. Ed. 3. c. 3. 37. Ed. 3. c. 8. 42. Ed. 3. c. 3. If the Lords will try any man by an Ordinance, they destroy that excellent Act of Magna Charta, and all those other good laws.  
Sir Simon de Bereford a free Commoner of England was condemned by the Lords to death by an Ordinance, which after the Lords better considering the matter, that they might be acquitted of that sentence, became suitors to the King, that what they had so done in future time might not be drawn into precedent; because that which they had so done was against the Law, 
b Rhot. par. 2. roll 4. Ed. 3. Num. 2. part. inws. page 50. with this agrees Sir John Lees case, Ror. Par. 41. E 3. Num. 22. 23. 2. inst. fol. 50.  with this agrees the practice and usage of all times in this land, all the free Commoners of this kingdom, have always been t●yed and acquitted or condemned in capital causes by luters of their equals.  
An Ordinance bindeth not in law at all, 
c See 4. part. inst. fol 23 48. 292, 2. part inst. f. 47, 48.  and but pro tempore, as the two houses now affirm, a manslife cannot be tried by that which is not binding, and to continue for all times, for a life lost cannot be restored.  
By an act of Parliament of the 1. and 2. of Philip and Mary chapter 10. It is enacted that all trials for Treason hereafter to be had, shall be according to the course of the common law.  
If the crime charged upon any be Treason against the two houses (against the Parliament it cannot be, for there is no Parliament without the King) that is no Treason in law, as appease by 25. Ed. 3. chap 2. 11. R. 2, ch. 3. 1. Hen. 4 ch. 10, 1. and 2. Philip and Mary. chap. 10.  
An act of Parliament to make any a Judge where he is party, is a yoid act, 
d Dr. Bonam's case 8. part of Cook. reports.  for none can be a Judge and party in the same cause, and therefore the house of peers being a party touching the crime charged upon any man, whom they would try by an Ordinance for Treason against both houses, cannot be a Judge.  
By the petition of right, 
e Petition of Right 3. Car, reges.  if any man deseive death he ought to suffer the same according to the laws of the Land established, and not otherwise, but an Ordina●ce of the Lords is no established law.  
The Protestation, the Vow and Covenant, the solemn League and Covenant, the Declarations of both Houses, had made and published since this unnatuarll war, are amongst other things sworn and set down to be for the maintenance of the laws, the people of this Land ought to enjoy the benefit of their birthright the law of the land, and making good of the said protestation, Vow and Covenant, League and Covenant and Declarations, otherwise Truth must be said and will be said, that there is brought in a new arbitrary and tyrannical government.  
If the Lords have taken one man's life by an ordinance, they are not bound to take any more, & the case differs in case any appeal be made from a trial by ordinance to a trial at common law, which was not done by that man whose life was taken away by an ordinance.  
The Lords ought to remember, that his Majesty and his progenitors have made them a house of Peers, they are trusted to counsel him in peace 
f Nevel's case 8. part Cooks reports.  and defend him in war, his Majesty in Parliament is to consult and treat with his Peers and with his counsel at law, judges, his Sergeants, attorney, and Solicetor, and masters of the chancery, the Lords and that counsel by the respective writs of summons to Parliament are to give counsel, 
g 4 part. insti. fol. 4. 9  the House of Commons by their writ to perform and consent.  
In the House of Lords, the Court of Parliament only is, for they only examine upon oath, 
h 1. Hen 7. f. 20.  with them, the King in person sits, and by them there erroneous judgements 
* 14. Ed. 3. c. 5.  (upon a petition to his majesty for obtaining of a writ of error) by the advice of the judges are reversed, or affirmed, &c. the Lords are to remember that their eminency and grandeur, is preserved by the laws, if they leave all to will and dishonour their King, and make nothing of the laws, they will make nothing of themselves in the end.  
And therefore, it is well worth your observation what was said by Mr. John Pym a member of the house of Commons in speech against the Earl of Strafford in the beginning of the Parliament, which speech is published by the express order of the house of Commons, the words are these. The law is that which puts a difference betwixt good and evil, betwixt just and unjust if you take away the law, all things will fall into a confusion every man will become a law unto himself, which in the depraved condition of human nature must needs produce many great enormities: Lust will become a law, and envy will become a law, covetousness & ambition will become laws, and what dictates what derisions such laws will produce, may easily be discerned, 
i See 1, part. book deel. pag 140. 163.  &c. They that love this Common wealth as things now stand, will use all means to procure an act of oblivion, a general pardon from his majesty the soldiers their Arrears, and tender conscience a just and reasonable satisfaction, else we all must perish first or last.  
God preserve his majesty and the laws wherein their Lordships and the whole kingdom are concerned. 17 Ma. 1647. David jenkin's Prisoner in the Tower of London.