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.  
London, reprinted in the year, 1660.   

JUDGE JENKINS Remonstrance TO THE Lords and Commons AT Westminster.  
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 his 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 the 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. Elsyngo Cler. Dom. Cont.   
And I do further desire them that they would read and peruse Mr. Solicitor Saint-John, 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 the Committee of Both Houses of Parliament, By Mr. Saint-John 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 Gilt 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 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, 
1 Part Col. of Ordinances, f. 728. 2 pars Inst. fol. 47, 48, 157.143. 4 par. Instit. 23.232.298. ● H. 7.18.  by their own confession; and by the Books of the Lord Cook, published by their Order as aforesaid this Sessions, in Six several places.  
For Sedition in my Books their is none, but such as they have authorized, 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, 
3 Part. Instit. pag. 12. M. Solicitor, pag. 12. 3 Part Instit. pag. 9 M. Pym, p. 28. 3 part Instit. ●. 10, 1●, 1●, 3 part. Instit. p. 9 M. Solicitor p. 10.136. M. Sollic. p. 9 M. Sollic. p. 9 Mr sollic. p. 23. 4 part. 4. Inst. p. 25. Justice Hutton's A●gu●●● f. 39.40. 4 part. Instit. 2 part Inst artic. super chartas. cap. 5. 1 part. coll. of Ordinances. & Cookut supra.  and to have been in all times, in all the particulars following, as here ensueth; 

1. To imprison the King is High Treason.  
2. To remove Counsellors from the King by force is High Treason.  
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 the People affections from the King is High Treason.  
7. To sesse Soldiers upon the People of the Kingdom without their consent is High Treason.  
8. The execution of Paper Orders by Soldiers in a military way 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, Justices, Sheriffs, etc. but the King; the King makes every Court.  
12. The Great Seal belongs to the King's custody, or to whom he shall appoint, and none other.  
13. Ordinances of one or both Houses are no Laws to bind the People.  
14. 
part. Instit. p. 25. M. Solic. p. 8.70. M. solic. pag. 12.27. M. solic. pag. 26. M. solic. p. 35. M. Pym p. 8. M. Pym, p. 17. M. Pym, p. 24.3 part Instit. pag. 9  No Privilege of Parliament, holds for Treason, Felony, or breach of the Peace, not for 20, Parliament-men, forty, nor three hundred.  
15. To subvert the Fundamental Laws is High Treason.  
16. To levy war against the Person of the King is High Treason.  
17. To persuade Foreiners to levy war within this Kingdom is High Treason.  
18. To impose unlawful Taxes, to impose new Oaths is High Treason.  
19 The King can do no wrong.  
20. It is a pernicious Doctrine to teach Subjects, they may be discharged from the Oath of Allegiance. Then what means the Doctrine of both Houses of the Votes 11. of Febr. 1647.  
21. A Necessity of a man's own making doth not excuse h. m. The requiring and forcing of the Militia, brought the necessity of arming upon the Houses.  
22. None can levy war within this Realm without authority from the King, for to him only it belongeth to levy war, by the Common Law of the Land, to do otherwise is High Treason by the said Common Law. The only Quarrel was and is the Militia: for which so much Blood hath been spent, and Treasure.  
23. 
M. Solicitor, p. 70, 71. 4 part. Inst: p. 1, 3, 4. 4 part. Instit. 41, 356.  No Parliament without the King, he is Principium, caput & finis.  
24. Presentment or Trial by jury, is the birthright of the Subjects.    
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 far; but the madness of the People (who are very unstable, and so they will find them,) and the success of their Armies (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 the 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 of 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 & 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 l. c. 9 p. 10.7 4 pars Inst. 342, 343. stanford 99  The King is God's Vicar on Earth. In Bracton, who was a Judge in Henry 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; take to your thoughts your Parents, your Wives, your Children, your Friends, your Fortunes, your Country, wherein Foreiners writ there is Mira aeris suavitas & rerum omnium abundantia. Invite not them hither; the only way to be free of their company will be, To 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. David Jenkins, Prisoner in Newgate.  
FINIS.