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<DATE>2009-10-05</DATE>
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<NAME>Mona Logarbo</NAME>
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<ITEM>Proofed and reviewed as part of batch B090719.pdcc.</ITEM>
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<BIBNO T="umi">99863884</BIBNO>
<VID>161463</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y"><!-- PDF PAGE 69 -->
<P><HI>Judge Jenkin's</HI> PLEA</P>
<P>Delivered in to the EARLE of <HI>Manche&s;ter,</HI> and the Speaker of the Hou&s;e of Commons &s;itting in the Chancery at <HI>We&s;tmin&s;ter.</HI></P>
<P>Which was <HI>Read by their Command</HI> in open Court, the 14. of <HI>February</HI> 1647.</P>
<P>And there avowed,</P>
<P>By DAVID IENKINS, Pri&s;oner in <HI>Newgate.</HI></P>
<P><DATE><ADD>Feb. 16</ADD></DATE> Printed in the Yeare, 1647.</P>
</DIV1>
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<DIV1 TYPE="text">
<PB REF="2"><!-- PDF PAGE 70 -->
<PB N="3" REF="2"><!-- PDF PAGE 70 -->
<HEAD><HI>Judge Jenkins</HI> PLEA, DELIVERED In to the EARLE of <HI>Manche&s;ter,</HI> and the Speaker of the Hou&s;e of Commons, &s;itting in the Chancery at <HI>We&s;t|min&s;ter.</HI></HEAD>
<HEAD TYPE="sub">Which was <HI>read by their command</HI> in open Court the 14. of <HI>February,</HI> 1647. and there avowed,</HEAD>
<BYLINE>By <HI>David Ienkins,</HI> Pri&s;oner in Newgate.</BYLINE>
<P>_I Have beene required to appeale in Chancery the 12th. of this in&s;tant February before Commi&s;&s;ioners appoynted by the two Hou&s;es for the keeping of their great Seale, and managing the affaires of the Chan|cery.</P>
<P><PB N="4" REF="3"><!-- PDF PAGE 71 -->
I cannot, nor ought, nor will &s;ubmit to this power; I am a Judge &s;worne to the Lawes. The Law is: <HI>Fir&s;t,
<NOTE PLACE="marg">4<GAP DESC="illegible" EXTENT="1 letter">. pars in&s;tit. fol. 79. 8. Ed. 4. fol. 5. 9. Ed. 4. fol. 15.</NOTE> that this Court is coram Rege in Cancellaria:</HI> Se|condly, the Chancellor or Keeper of the great Seale is by delivery of the great Seale to him by the King, and by taking of an Oath:</P>
<P>The Oath followeth in the&s;e words.</P>
<Q><P N="1">1. <HI>Well and truely to &s;erve our Soveraigne Lord the King,
<NOTE PLACE="marg">4<GAP DESC="illegible" EXTENT="1 letter">. pars in&s;tit. fol. 88. 10. R. 2. rot. Parl. num. 8.</NOTE> and his people in that Office.</HI></P>
<P N="2">2. <HI>To doe right to all manner of people poore and rich, after the Lawes and u&s;ages of the Realme.</HI></P>
<P N="3">3. <HI>Truely to coun&s;ell the King, and his Coun&s;ell to conceale and keepe.</HI></P>
<P N="4">4. <HI>Not to &s;uffer the hurt or di&s;heriting of the King, or that the Rights of the Crowne he decrea&s;ed by any meanes as far as he may let it.</HI></P>
<P N="5">5. <HI>If he may not let it, he &s;hall make it clearely and expre&s;ly to be knowne to the King with his true advice and coun&s;ell.</HI></P>
<P N="6">6. <HI>And that he &s;hall doe and purcha&s;e the Kings proffit in all that he rea&s;onably may, as God him helpe, and the contents of Gods booke.</HI></P></Q>
<P>The &s;aid Commi&s;&s;ioners among others have im|pri&s;oned their King,
<NOTE PLACE="marg">Declar. 17. Jannua. 1647.</NOTE> have declared to the Kingdome
<PB N="5" REF="3"><!-- PDF PAGE 71 -->that they will make no addre&s;&s;es or applications to him, nor receive any from him.</P>
<P>Have counterfeited a new great Seale,
<NOTE PLACE="marg">Articuli &s;up. chartas chap. 5.</NOTE> and after de&s;troyed the true old great Seale which belonged by the Law to the Kings cu&s;tody.</P>
<P>The&s;e Commi&s;&s;ioners have had no Seale delivered to them by his Maje&s;ty, have taken no &s;uch Oath, or full ill kept it; and for the&s;e evident rea&s;ons grounded upon the Fundamentall Lawes of this Land, the&s;e Commi&s;&s;ioners have neither Court, Seale, or Commi&s;&s;ion, and therefore I ought not again&s;t the Lawes, again&s;t my knowledge, and again&s;t my con&s;cience &s;ubmit to their power.</P>
<P>To affirme that they maintaine the Kings Power and Authority in relation to his Lawes (as they often doe) and re&s;traine on|ly his Per&s;on, is &s;trange.</P>
<P>They mu&s;t be remembred that the Hou&s;e of Commons this Parliament gave in charge to Mr.
<NOTE PLACE="marg">Mr. Solicirot. Pag. 27.</NOTE> Solicitor upon the pro&s;ecution of the Bill of attainder again&s;t the Earle of <HI>Strafford,</HI>
<PB N="6" REF="4"><!-- PDF PAGE 72 -->to declare the Law to be, <HI>that Machination of war again&s;t the Lawes or Kingdome, is again&s;t the King, they cannot be &s;evered.</HI></P>
<P>Mr. <HI>Pym</HI> had in charge likewi&s;e upon the &s;ame pro&s;ecution to declare.
<NOTE PLACE="marg">Mr. Pym. Pa. 16.</NOTE> <HI>That the King and his people are obliged one to another in the neare&s;t relations, he is a Father, and the child in law is called</HI> pars patris, <HI>he is the Husband of the Common wealth, they have the &s;ame intere&s;ts, they are in&s;eperable in their condition be it good or evill; he is the head, they are the body, there is &s;uch an incorporation as cannot be di&s;&s;olved without the de&s;truction of both.</HI>
<NOTE PLACE="marg">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.</NOTE> This agrees with our lawes, and the law of this Land: In that argument of Mr. Sollicitour, and di&s;|cour&s;e of Mr <HI>Pym</HI> directed by the Hou&s;e of Commons are contained the true rights, li|berties and Lawes of the people deduced from our Ance&s;tors in all ages, and wherein there is no line or word but is agreable to the Lawes, and is a nece&s;&s;ary and u&s;efull booke to be peru&s;ed, and followed by all; which booke was publi&s;hed by Order of the Hou&s;e of Commons. If the doctrine of that book had been followed, wee had not been &s;o mi|&s;erable
<PB N="7" REF="4"><!-- PDF PAGE 72 -->as wee are; neither had the&s;e great evills en&s;ued, for the which the Land mournes.</P>
<P>In this moneth of February 6 yeares now pa&s;t,
<NOTE PLACE="marg">Collect. of Ordinances, 1a. pars. fol. 66.67.81.</NOTE> the only difference betweene his Maje&s;ty and the prevai|ling party in both Hou&s;es was touching the power of the <HI>Militia,</HI> which in plaine Engli&s;h is power over Sea and Land: this was the Sole quarrell: the King and his progenitors have had it in all times, the Lawes have fixed it upon them, they have u&s;ed it for the weale of the people: none of the Subjects ever had it, or claimed it; the Lawes deny it them; for the time they have had it, our pre&s;&s;ures have beene mi&s;erable.</P>
<P>His Maje&s;ty hath a numerous i&s;&s;ue, and &s;o hath his Father; many great per&s;ons of England, and Scotland are of the blood Royall, and all the Kings of Chri&s;tendome are of the &s;ame blood, &s;o long as the Lawes la&s;t, or any of the &s;aid per&s;ons, or their de&s;cendants be liveing, this people &s;hall have nei|ther peace nor profit; but all the confu&s;ions that are imaginable will atend them.</P>
<P>And therefore (at length) be good to your &s;elves, re&s;tore our King, receive from him an Act of obli|vion, a generall pardon, a&s;&s;urance for the arreares of the Souldiery, and meet &s;atisfaction to tender Con|&s;ciences.</P>
<CLOSER><DATELINE><DATE>12. February, 1647.</DATE></DATELINE>
<SIGNED>David Ienkins, Pri&s;oner in Newgate.</SIGNED></CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV1>
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