THE DECLARATION OF David Jenkins Late prisoner in the Tower of London; concerning the Parliaments Army, and the Laws and Liberties of the People of ENGLAND. With the Copy of his Letter sent from Wallingford Castle, to his Dread Sovereign the KING; and his Advice and Directions touching the Treaty. Subscribed, DAVID JENKINS. portrait of David Jenkins Printed in the Year, 1648. JUDGE JENKINS DECLARATION Concerning The Parliaments Army, and the Laws and Liberty of the People. Whereas the Army (under the Command of the Lord General Fairfax) have and do still endeavour the executing and bringing to trial the Capital Offenders of these Times, and to execute and inflict exemplary and condign punishment upon those who have acted contrary to the fundamental laws of this Kingdom, whom they account to be the great and sole enemies to peace and truth, and the only Caterpillars which casts the unsavoury mist to eclipse the brightness and splendour of the true consonant Word of God; therefore, to remove those who are the most prevalent, and by their poisonous Pills, and painted papers, infects the hearts of divers well affected in and about the City of London; it was thought requisite, by the Lords and Commons assembled in Parliament, to remove Judge Jinkins the Oracle of his time, in esteem with many in London) from Neugate to Wallingford Castle, and having a Convoy from the City to conduct him thither, on Sunday last he was met by a party of horse from the Army at Uxbridge, who desiring a conference with some of the Commanders, it was assented to, where he declared, That he had always a good opinion of the Army, and (notwithstanding his opposing the power and Ordinances of Parliament, and the insufferable and long imprisonment inflicted upon his weak and frail body) were resolved to sacrifice his life for the Laws of the Land, the Gospel of jesus Christ, and the liberties of the people of England; saying, that he would submit to any thing that should be concluded by the King and Parliament, but would die with the Laws, rather than act against them, before they be repealed, but then he would submit to any. So soon as he had declared his Sense and Resolution touching the Army, the fundamental Laws of the Land, the Government of the Church of England, the Power and Prerogative of his Prince, and the common Rights, Freedom, and Liberties of the people; A Colonel then present, asked him, whether he thought the King might do what he will; he said, yes, with the consent of his Judges and Ministers: it being objected, what if they be corrupted; he answered, they must be obeyed, and so the Conference ended; which being done, on Sunday in the afternoon he was conducted from Uxbridge to Wallingford, by a Troop of horse belonging to the Army. Omnia jura sunt in manu Regis, Ezr. 7.26. Whosoever will not do the Law of thy God, and the Law of the King, let judgement be executed speedily upon him, whether it be unto Death, or to Banishment, or to Confiscation of Goods, or to Imprisonment. EZra concludes with blessing, that the King's heart was for God, v. 27. and mercy to him from the Author; and so many instruments, as the King, his Councillors, and Princes, v. 28. The King received a government from his Ancestors, such as the Nation were never under before, and of all forms it came next to the divine pattern, for God himself rules by seven Spirits which are before his Throne, Rev. 1.4. & 4.5. called 7 Eyes, Zec. 4.10. not to inform the Almighty, but to be his Witnesses, and wise workers of all his Counsels: this was derived to his people, who shown him his name in God's Book, with his great Office to be God's Shepherd, which caused great admiration, And Artaxerxes with his 7 Councillors following the steps of Cyrus, honoured the God of heaven more than any hod done before them, being Pagans: So happy is it for Kings to learn from God, and to have ●is Law go before theirs, and when there is such a conjunction, Judgement is seasonable upon all Offenders. His Majesty's Proposals touching Church-Government, to the Parliaments Commissioners. 1. His Majesty said, He had been bred and instructed in the way He stands for, and that by his Father, the wisest King, and best man in the world; therefore could not easily yield, n●r must it be wondered if He did not. The Ministers answer for satisfaction, the course was held: and desired he declared his scruples. His Majesty replied, He had yielded far, having denied nothing but the sale of Bishop's Lands, and desired them to speak whether his answer was not good to the Commissioners to that part, offering a Copy to Mr. Martial, but he refused it as not having power, nor was it, said he, fit they judge in such things. When the King could nor get it received, he said, Is it so hot that you fear to burn your fingers. Then his Majesty declared the three scruples, which the Commissioners desired to see before the Ministers had them. The last, which was the Coronation Oath, because depending upon the Law, was judged improper for them to resolve: the other two Mr. Marshal received, and desiring to withdraw, the King consented; after they returned, Mr. Martial, M. Vines, and M. Seaman spoke: His Majesty desired it in writing, which they were willing, if the Commissioners thought fit: they treated about the Oath at Coronation, and the Ministers were Tuesday to bring their answer, which was done. The King's Bishops and other Clergy, and the Ministers of Parliament being present, Mr. Vines read it, His Majesty desired it, promising to prepare an answer; as to the sale of Bishop's Lands as Sacrilege: the Commis. told his Mai. that thing lay so much in the Laws of the Land, that the Ministers could not judge of it; at last his Mai. appeared inclinable, but said, That if they were alienated, than they did revert to the Crown. On Thursday the King and the Com. debated about the Directory, and taking away the Liturgy, but nothing concluded of. The King in this debate asked, what fault they found in the Common prayer Book, one one of the Commis. answered, He had heard it was the saying of a very learned man, that the Liturgy was taken out of the Mass Book only spoiled in the translation: Who was that, said his Majesty? It was replied, It was your Father King James: His Majesty said, If it were good in itself, that did not make it ill: the King hath since made offer of a limited Episcopacy. Newport, 13. October, 1648. Other letters from the Commis. on Wednesday last, and read in both Houses say, That the King grants the militia as is desired, that is for 20 years to be in the Parl. and after if occasion be of using the sword, in case the Parl. see cause, the King refusing, the Parl. may make war, and to suppress any foreign Forces who shall invad, or endeavour to invade the kingdoms of England and Ireland, Dominion of Wales, the Isles of Guernsey and Jersey, and the town of Barwick upon Tweed or any of them. As for the Church which was before it in order, the King still refuses, and offers Episcopacy; and for the Bishop's Lands, he will not consent to any other, than a Lease for 99 years: they are now upon the 4 Bill touching Ireland: the House voted, that the answer to the Church proposition is not satisfactory, and ordered their Commissioners to press it to the King again, so soon as the Bill of Ireland is over. By an Express from Wallingford it is said, That the aforesaid Judge Jenkins hath sent a Letter to the King, (but intercepted) humbly beseeching his Majesty, to salve up the Sores of this Kingdom, in this present personal Treaty, and to embrace the opportunity now on foot, and to play his Cards so, that he may ingratiate himself into the City and Parliament, by offering to come to Westminster to treat, desiring him to court the Lord General Fairfax, Lieutenant General Cromwell, the Commissioners, and others of the Army, by messages from himself, for the effecting thereof; as also to send Proposals to the Army, and to promise them large gratuities to be instrumental therein. This Letter is (said to be) directed from Wallingford Castle, Octob. 12. and Subscribed, D. JENKINS. FINIS.