THE TRIAL OF JUDGE JENGINS At the House of COMMONS BAR: UPON An Impeachment of High-Treason, on Monday last, Februa. 21. 1647. WITH Heads of the Charge read against him. And his ANSWER. ALSO The Votes of the House of Commons thereupon. Printed at London by Robert Ibbitson in Smithfield, near the Queens-head Tavern. 1647. Feb. 21: Imprimatur, Gilb. Mabbot. THE Trial of Judge JENKINS at the House of Commons Bar, upon an Impeachment of High-TREASON. Die Lunae 21 Februa. 1647. MR. Wollaston, the Keeper of Newgate, brought Mr. David Jenkins, formerly a Judge in Wales, now a Prisoner in that Gaol, committed for High Treason, by the House of Commons, to the Commons Bar, according to an Order of the House sent to him on Saturday last, Feb 19 1647. The House being acquainted that he was at the door, appointed the Sergeant at Arms to call him in, and according he was brought to the Bar, with the Mace before him. Mr. Speaker (according to the Order of the House, he being a Delinquent, brought upon his Trial) commanded him to kneel down but he refused, only put off his hat, and looked round about the House: and being told that he ought to kneel, yet (although he hath been a Judge himself, and knew the Laws, and that he ought to kneel and submit to the House in a Parliamentary way) he still continued obstinate, and would not kneel at all. The House proceeded to the reading of a Charge of High-Treason, and other high-Misdemeanors against him, (divers witnesses being then ready at the door, if occasion was, for them, or any of them, to be called in, some of the Collections of the Charge are to this effect, Viz. Heads of a particular Charge of High Treason, and other high misdemeanours, against Mr. David Jenkins, read in the House of Commons on Monday the 21 of Feb. 1647. He being then at the Bar. 1 That the said David Jinkins, to the betraying of the trust reposed in him, he being a Judge in Wales.) did condemn several innocent men to suffer death, for aiding and assisting the Parliament. 2 That he did himself in person take up arms actually against the Parliament, contrary to the known Laws of the Land, to destroy them. 3 That, in a Traitor's manner, the said David Jinkins, did stir up, and combine Forces to the disturbance of the peace of the Kingdom, and actually levy war against the Parliament. 4 That the said David Jenkins hath (traitorously against the Parliament and the peace of the Kingdom) charged the Parliament, and the Commissioners of the Great Seal, with counterfeitting of a Great Seal. And opposed the power of the great Seal, as illegal, because it was not delivered to them by his Majesty, and in a seditious manner, charged the Commissioners of the said Great Seal, to have neither Court, Seale, or Commission, and therefore not to be submitted to. These (with other particulars) were at large charged against him, at the Bar in the House of Commons, being drawn up upon the examining of witnesses, were read unto him. After which M. Speaker by Order of the House asked him what he had to say for himself? David Jenkins said, that they had no power to try him, and at the Bar in the open House, gave very contemptuous words, and reproaches against the Houses, and the power of Parliaments. And by a seditious construction quoted divers Authors, to traduce the power, and proceed of the Parliament, with much venom and spleen. He was called in twice but went on in obstinancy in opposition to the House he spoke much, and still in contempt of the Power of Parliament. He said that six years since the difference between the King and the Parliament was about the Militia, pleading for the King to have it, both by sea and land and (whereby it is manifect he seeks to ruin the Public weal) He said that Kings formerly did not enter into covenant with the people to maintain the Law of the Land, but only to be merciful to the people. He threatened the Parliament with the King's numerous issue, of the many persons in Scotland, of the Blood-royal, and that during their life England shall have neither peace nor profit. With divers other Reproachful words, such as the like were never offered in the face of a Parliament. After that he came out of the House, he put off his hat, and spoke to this effect, before the Soldiers of the Guard, and divers Gentlemen at the door. Gentlemen, God bless you all, Protect the Laws of the Kingdom, When he was with drawn, some Gentlemen had discourse with him in the Lobby, near the House of Commons door, to see what reasons he could give for his obstinate malignant practices against the Parliament, and the peace of the Kingdom, who shown him, how contrary to law it was for him, or any other, to oppose the power of Parliament. He pleaded still that there can be no Law without the King, nor repeal of Laws without him, and speaking disgracefully of the power of the Parliament. But when he was asked what obedience should be given to a King, that should be distracted, or not capable to Govern, or that, in malice, against his people went about to destroy them, and whether the Parliament ought not in such a case to protect the people this and some other arguments alleged to him, did much puzzle him to answer them. In the mean time the house of Commons went upon a debate concerning him, and made several Votes, viz. i That the carriage of the said David Jenkins in opposition to the House, is an high contempt and misdemeanour. 2 That the said contempt is a breach of the Privileges of Parliament. 3 That for the said contempt against the House he shall be fined a thousand pound. 4 That he be carried back to the prison of Newgate. Then the House proceeded upon an Ordinance against him, which hath been twice read, but before it pass, he is to receive a full trial. And for that purpose, all the witnesses are to be summoned in, and examined before the whole House; and they are also to be sworn, and examined before the Lords. The said Mr. David Jenkens, is to be present at the examinations of the witnesses, and to give in his Answers, and in this method the Houses are to proceed to his Trial, and so to Judgement. And in the mean time he is Ordered to be kept prisoner in Newgate FINIS. Feb 21.. 1647. Imprimatur Gil. Mabbot.