THE TRIALL OF JƲDGE JENGINS At the House of COMMONS BARRE: UPON An Impeachment of High-Treason, on Munday 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, neere the Queens-head Tavern. 1647.

Imprimatur,

Gilb. Mabbot.

THE Tryall of Judge JENKINS at the House of Commons Barre, upon an Impeachment of High-TREASON.

MR. Wollaston, the Keeper of New-gate, brought Mr. David Jenkins, formerly a Judge in Wales, now a Prisoner in that Gaole, committed for High Treason, by the House of Commons, to the Commons Barre, 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 doore, appointed the Sergeant at Armes to call him in, and according he was brought to the Barre, with the Mace before him.

Mr. Speaker (according to the Order of the House, he being a Delinquent, brought upon his Tryall) commanded him to kneele down [Page 4] but he refused, onely 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 kneele and submit to the House in a Parliamentary way) he still continued obstinate, and would not kneele 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 doore, 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 misdemeanors, against Mr. David Jenkins, read in the House of Commons on Munday the 21 of Feb. 1647. He being then at the Barre.

1 That the said David Jinkins, to the betray­ing of the trust reposed in him, he being a Judge in Wales.) did condemne severall innocent men to suf­fer death, for ayding and assisting the Parliament.

2 That he did himselfe in person take up armes actually against the Parliament, contrary to the known Laws of the Land, to destroy them.

3 That, in a Traytors manner, the said David Jinkins, did stirre up, and combine Forces to the disturbance of the peace of the Kingdome, and actu­ally [Page] levy warre against the Parliament.

4 That the said David Jenkins hath (traiterously a­gainst the Parliament and the peace of the Kingdome) charged the Parliament, and the Commissioners of the Great Seale, with counterfeitting of a Great Seale. And opposed the power of the great Seale, as illegall, because it was not delivered to them by his Majesty, and in a se­ditious manner, charged the Commissioners of the said Great Seale, 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 Barre 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 Barre 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 Authours, to traduce the power, and proceedings of the Parliament, with much venome and spleen.

He was called in twice but went on in obstinancy in opposition to the House hee spake much, and still in contempt of the Power of Parliament.

He said that six yeares 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 ruine the Pub­licke weale) He said that Kings formerly did not en­ter into covenant with the people to maintain the Law of the Land, but only to be mercifull to the people.

[Page 4] Hee threatned the Parliament with the Kings numerous issue, of the many persons in Scotland, of the Blood-Royall, 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 spake to this effect, before the Souldiers of the Guard, and divers Gentlemen at the doore.
Gentlemen, God blesse you all, Protect the Laws of the King­dome,
When he was with drawn, some Gentle­men had discourse with him in the Lobby, neer the House of Commons doore, to see what reasons he could give for his obstinate malignant practises against the Parliament, and the peace of the Kingdome, who shewed 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 repeale of Laws with­out [Page 5] 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 alledged 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 severall 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 Pri­viledges of Parliament.

3 That for the said contempt against the House he shall be fined a thousand pound.

4 That he be carryed back to the prison of New-gate.

Then the House proceeded upon an Ordi­nance against him, which hath been twice [Page 6] read, but before it passe, he is to receive a full tryall.

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 Triall, and so to Judgement.

And in the mean time he is Ordered to be kept prisoner in New-gate

FINIS.

Imprimatur

Gil. Mabbot.

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