Judge Jenkins PLEA, DELIVERED In to the EARLE 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,
I Have beene required to appeale in Chancery the 12th. of this instant February before Commissioners appoynted by the two Houses for the keeping of their great Seale, and managing the affaires of the Chancery.
[Page 4] I cannot, nor ought, nor will submit to this power; I am a Judge sworne to the Lawes. 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 Seale is by delivery of the great Seale to him by the King, and by taking of an Oath:
The Oath followeth in these words.
1. Well and truely to serve our Soveraigne Lord the King, 4 [...]. pars instit. fol. 88. 10. R. 2. rot. Parl. num. 8.and his people in that Office.
2. To doe right to all manner of people poore and rich, after the Lawes and usages of the Realme.
3. Truely to counsell the King, and his Counsell to conceale and keepe.
4. Not to suffer the hurt or disheriting of the King, or that the Rights of the Crowne he decreased by any meanes as far as he may let it.
5. If he may not let it, he shall make it clearely and expresly to be knowne to the King with his true advice and counsell.
6. And that he shall doe and purchase the Kings proffit in all that he reasonably may, as God him helpe, and the contents of Gods booke.
The said Commissioners among others have imprisoned their King, Declar. 17. Jannua. 1647. have declared to the Kingdome [Page 5] that they will make no addresses or applications to him, nor receive any from him.
Have counterfeited a new great Seale, Articuli sup. chartas chap. 5. and after destroyed the true old great Seale which belonged by the Law to the Kings custody.
These Commissioners have had no Seale delivered to them by his Majesty, have taken no such Oath, or full ill kept it; and for these evident reasons grounded upon the Fundamentall Lawes of this Land, these Commissioners have neither Court, Seale, or Commission, and therefore I ought not against the Lawes, against my knowledge, and against my conscience submit to their power.
To affirme that they maintaine the Kings Power and Authority in relation to his Lawes (as they often doe) and restraine only his Person, is strange.
They must be remembred 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 Earle of Strafford, [Page 6] to declare the Law to be, that Machination of war against the Lawes or Kingdome, 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 inseperable in their condition be it good or evill; 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 lawes, and the law of this Land: In that argument of Mr. Sollicitour, and discourse of Mr Pym directed by the House of Commons are contained the true rights, liberties and Lawes of the people deduced from our Ancestors in all ages, and wherein there is no line or word but is agreable to the Lawes, and is a necessary and usefull booke to be perused, and followed by all; which booke was published by Order of the House of Commons. If the doctrine of that book had been followed, wee had not been so miserable [Page 7] as wee are; neither had these great evills ensued, for the which the Land mournes.
In this moneth of February 6 yeares now past, Collect. of Ordinances, 1a. pars. fol. 66.67.81. the only difference betweene his Majesty and the prevailing party in both Houses was touching the power of the Militia, which in plaine English 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 used 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 pressures have beene miserable.
His Majesty hath a numerous issue, and so hath his Father; many great persons of England, and Scotland are of the blood Royall, and all the Kings of Christendome are of the same blood, so long as the Lawes last, or any of the said persons, or their descendants be liveing, this people shall have neither peace nor profit; but all the confusions that are imaginable will atend them.
And therefore (at length) be good to your selves, restore our King, receive from him an Act of oblivion, a generall pardon, assurance for the arreares of the Souldiery, and meet satisfaction to tender Consciences.