Judge Jenkin's PLEA Delivered in to the EARL of Manchester, and the Speaker of the House of Commons sitting in the Chancery at Westminster. Which was Read by their Command in open Court, the 14. of February 1647. And there avowed, By DAVID JENKINS', Prisoner in Newgate. Feb. 16 Printed in the Year, 1647. Judge Jenkins PLEA, DELIVERED In to the EARL of Manchester, and the Speaker of the House of Commons, sitting in the Chancery at Westminster. Which was read by their command in open Court the 14. of February, 1647. and there avowed, By David jenkin's, Prisoner in Newgate. I Have been required to appeal in Chancery the 12th. of this instant February before Commissioners apppointed by the two Houses for the keeping of their great Seal, and managing the affairs of the Chancery. I cannot, nor aught, nor will submit to this power; I am a Judge sworn to the Laws. The Law is: First, 4●. pars instit. fol. 79. 8. Ed. 4. fol. 5. 9 Ed. 4. fol. 15. that this Court is coram Rege in Cancellaria: Secondly, the Chancellor or Keeper of the great Seal is by delivery of the great Seal to him by the King, and by taking of an Oath: The Oath followeth in these words. 1. Well and truly to serve our Sovereign Lord the King, 4●. pars instit. fol. 88 10. R. 2. rot. Parl. num. 8. and his people in that Office. 2. To do right to all manner of people poor and rich, after the Laws and usages of the Realm. 3. Truly to counsel the King, and his Counsel to conceal and keep. 4. Not to suffer the hurt or disheriting of the King, or that the Rights of the Crown he decreased by any means as far as he may let it. 5. If he may not let it, he shall make it clearly and expressly to be known to the King with his true advice and counsel. 6. And that he shall do and purchase the King's profit in all that he reasonably may, as God him help, and the contents of God's book. The said Commissioners among others have imprisoned their King, Declar. 17. Jannua. 1647. have declared to the Kingdom that they will make no addresses or applications to him, nor receive any from him. Have counterfeited a new great Seal, Articuli sup. chartas chap. 5. and after destroyed the true old great Seal which belonged by the Law to the King's custody. These Commissioners have had no Seal delivered to them by his Majesty, have taken no such Oath, or full ill kept it; and for these evident reasons grounded upon the Fundamental Laws of this Land, these Commissioners have neither Court, Seale, or Commission, and therefore I ought not against the Laws, against my knowledge, and against my conscience submit to their power. To affirm that they maintain the King's Power and Authority in relation to his Laws (as they often do) and restrain only his Person, is strange. They must be remembered that the House of Commons this Parliament gave in charge to Mr. Mr. Solicirot. Pag. 27. Solicitor upon the prosecution of the Bill of attainder against the Earl of Strafford, to declare the Law to be, that Machination of war against the Laws or Kingdom, is against the King, they cannot be severed. Mr. Pym had in charge likewise upon the same prosecution to declare. Mr. Pym. Pa. 16. That the King and his people are obliged one to another in the nearest relations, he is a Father, and the child in law is called pars patris, he is the Husband of the Common wealth, they have the same interests, they are inseparable in their condition be it good or evil; he is the head, they are the body, there is such an incorporation as cannot be dissolved without the destruction of both. 20. H. 7. fol. 7. 8. H. 7. fol. 12. 1. Ed. 5. fol. 3. 4. Ed. 4. fol. 25. 5. Ed. 4 fol. 29. This agrees with our laws, and the law of this Land: In that argument of Mr. Solicitor, and discourse of Mr Pym directed by the House of Commons are contained the true rights, liberties and Laws of the people deduced from our Ancestors in all ages, and wherein there is no line or word but is agreeable to the Laws, and is a necessary and useful book to be perused, and followed by all; which book was published by Order of the House of Commons. If the doctrine of that book had been followed, we had not been so miserable as we are; neither had these great evils ensued, for the which the Land mourns. In this month of February 6 years now past, Collect. of Ordinances, 1a. pars. fol. 66.67.81. the only difference between his Majesty and the prevailing party in both Houses was touching the power of the Militia, which in plain English is power over Sea and Land: this was the Sole quarrel: the King and his progenitors have had it in all times, the Laws have fixed it upon them, they have used it for the weal of the people: none of the Subjects ever had it, or claimed it; the Laws deny it them; for the time they have had it, our pressures have been miserable. His Majesty hath a numerous issue, and so hath his Father; many great persons of England, and Scotland are of the blood Royal, and all the Kings of Christendom are of the same blood, so long as the Laws last, or any of the said persons, or their descendants be living, this people shall have neither peace nor profit; but all the confusions that are imaginable will attend them. And therefore (at length) be good to yourselves, restore our King, receive from him an Act of oblivion, a general pardon, assurance for the arrears of the Soldiery, and meet satisfaction to tender Consciences. 12. February, 1647. David jenkin's, Prisoner in Newgate. FINIS.