A declaration of Mr. David Jenkins now prisoner in the Tower of London, one of His Majesties judges in Wales, for trials, murthers, felonies and all other capitall crimes that they ought only to be by juries and not otherwise unlesse it be by Act of Parliament.
Jenkins, David, 1582-1663.

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Images scanned from microfilm: (Early English books, 1641-1700 ; 962:20)

1 sheet ([1] p.)

s.n.],
[London :
1647.

Reproduction of original in Huntington Library.
Broadside.
Signed: David Jenkins.
Dated March 17, 1647.

eng

Broadsides

A46770 R1847 (Wing J588). civilwar no A declaration of Mr. David Ienkins now prisoner in the Tower of London, one of his Maiesties iudges in Wales, for trials, murthers, felonies Jenkins, David 1647 1563 11 0 0 0 0 0 70 D The rate of 70 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words.
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A
Declaration
of
Mr.

David
Ienkins

now
Prisoner
in
the
Tower
of

London
,

one
of
his
Maiesties
Iudges
in
Wales
,
for
Trials
,
Murthers
,
Felonies
and
all
other
capitall
crimes
that
they
ough●
only
to
be
by
Juries
and
not
otherwise
unlesse
it
be
by
Act
of
Parliament
.

THe
common
Law
of
this
Land
is
,
that
every
free
man
is
subject
to
a
tryall
by
a
bill
of
Attainder
in
Parliament
wherein
his
Majestie
and
both
houses
must
necessarily
concur
,
for
that
tryall
and
attainder
is
an
Act
of
Parliament
to
which
all
men
are
subject
to
.

No
man
shall
otherwise
be
destroyed
,
&c.
but
by
the
lawfull
judgement
of
his
Peers
,
or
by
the
common
law
of
the
Land
,
Peers
to
Noble
men
are
Noble
men
,
peers
to
the
Commons
,
are
Knights
,
Gentlemen
,
&c.

Judgement
of
peers
refers
to
peers
,

those
words
of
the
Law
the
land
,

refers
to
the
Commons
,
the
Law
of
the
land
is
for
the
tryall
of
the
life
of
a
free
Commoner
,
by
Indictment
,
presentment
of
good
and
lawfull
men
where
the
deed
is
done
,
or
by
writ
originall
of
the
common
law
,
all
this
is
declared
in

Magna-Charta

c.
29
.

and
by
the
25.

Ed.

3
.
c.
4.28
.

Ed.

3
.
c.
3.37
.

Ed.

3
.
c.
8.42
.

Ed.

3
.
c.
3
.
If
the
Lords
will
try
any
man
by
an
Ordinance
,
they
destroy
that
excellent
Act
of

Magna
Charta
,

and
all
those
other
good
lawes
.

Sir

Simon
de
Bereford

a
free
Commoner
of
England
was
condemned
by
the
Lords
to
death
by
an
Ordinance
,
which
after
the
Lords
better
considering
the
matter
,
that
they
might
be
acquitted
of
that
sentence
,
became
suters
to
the
King
,
that
what
they
had
so
done
in
future
time
might
not
be
drawn
into
presiddent
,
because
that
which
they
had
so
don
was
against
the
Law
,

with
this
agrees
the
pructice
and
usage
of
all
times
in
this
land
,
all
the
free
Commoners
of
this
Kingdome
,
have
alwaies
been
tayed
and
acquitted
or
condemned
in
capitall
causes
by
Iuters
of
their
equalls
.

An
Ordinance
bindeth
not
in
law
at
all
,

and
but

pro
tempore
,

as
the
two
houses
now
affirme
,
a
mans
life
cannot
be
tried
by
that
which
is
not
binding
,
and
to
continue
for
all
times
,
for
a
life
lost
cannot
be
restored
.

By
an
act
of
Parliament
of
the
1.
and
2.
of

Philip
and
Mary

chapter
10.

It
is
inacted
that
all
tryalls
for
Treason
hereafter
to
be
had
,
shall
be
according
to
the
course
of
the
Com-mon
law
.

If
the
crime
charged
upon
any
be
Treason
against
the
two
houses
(
against
the
Parliament
it
cannot
be
,
for
there
is
no
Parliament
without
the
King
)
that
is
no
Treason
in
law
,
as
appeas
by
25.

Ed.

3
.

chap2

.
11
.

2
,

ch.

3
.
●
.

Hen.

4
.

ch.

10
,
1.

and

Philip
and
Mary
.
chap.

10
.

An
act
of
Parliament
to
make
any
a
Judge
where
he
is
party
,
is
a
yoid
act
,

for
none
can
be
a
Judge
and
party
in
the
same
cause
,
and
therefore
the
house
of
peers
being
a
party
touching
the
crime
charged
upon
any
man
,
whom
they
would
try
by
an
Ordinance
for
Treason
against
both
houses
,
cannot
be
a
Judge
.

By
the
petition
of
right
,

if
any
man
deserve
death
he
ought
to
suffer
the
same
according
to
the
lawes
of
the
Land
established
,
and
not
otherwise
,
but
an
Ordinance
of
the
Lords
is
no
established
law
.

The
Protestation
,
the
Vow
and
Covenant
,
the
solemn
League
and
Covenant
,
the
Declarations
of
both
Houses
,
had
made
and
published
since
this
unnatuarll
Warre
,
are
amongst
other
things
sworne
and
set
downe
to
be
for
the
maintenance
of
the
Lawes
〈…〉
Land
ought
to
injoy
the
benifit
of
their
Birth-right
the
law
of
the
land
,
and
making
good
of
the
said
protestation
,
Vow
and
Covenant
,
League
and
Covenant
and
Declarations
,
otherwise
Truth
must
be
said
and
will
be
said
,
that
there
is
brought
in
a
new
arbitrary
and
Tyrannicall
government
.

If
the
Lords
have
taken
one
mans
life
by
an
ordinance
,
they
are
not
bound
to
take
any
more
,
&
the
case
differs
in
case
any
appeale
be
made
from
a
tryall
by
ordinance
to
a
tryall
at
common
law
,
which
was
not
done
by
that
man
whose
life
was
taken
away
by
an
ordinance
.

The
Lords
ought
to
remember
,
that
his
Majesty
and
his
progenitors
have
made
them
a
house
of
Peers
,
they
are
trusted
to
counsell
him
in
peace

and
defend
him
in
warre
,
his
Majesty
in
Parliament
is
to
consult
and
treat
with
his
Peers
and
with
his
Counsell
at
law
,
Iudges
,
his
Sergeants
,
Atturney
,
and
Solicetor
,
and
masters
of
the
chancery
,
the
Lords
and
that
counsell
by
the
respective
writs
of
summons
to
Parliament
are
to
give
Counsell
,

the
House
of
Commons
by
their
writ
to
performe
and
consent
.

In
the
House
of
Lords
,
the
Court
of
Parliament
onely
is
,
for
they
onely
examine
upon
oath
,

with
them
,
the
King
in
person
sits
,
and
by
them
there
erroneous
judgments
(
upon
a
petition
to
his
Majestie
for
obtaining
of
a
writ
of
error
)
by
the
advice
of
the
Iudges
are
reversed
,
or
affirmed
,
&c.
the
Lords
are
to
remember
that
their
eminency
and
grandure
,
is
preserved
by
the
lawes
,
if
they
leave
all
to
will
and
dishonour
their
King
,
and
make
nothing
of
the
Lawes
,
they
will
make
nothing
of
themselves
in
the
end
.

And
therefore
,
it
is
well
worth
your
observation
what
was
said
by
Mr.

Iohn
Pym

a
member
of
the
house
of
Commons
in
speech
against
the
Earle
of

Strafford

in
the
beginning
of
the
Parliament
,
which
speech
is
published
by
the
expresse
order
of
the
house
of
Commons
,
the
words
are
these
.

The
law
is
that
which
puts
a
difference
betwixt
good
and
evill
,
betwixt
just
and
unjust
if
you
take
away
the
law
,
all
things
will
fal
into
a
confusion
every
man
will
become
a
law
unto
himself
,
which
in
the
depraved
condition
of
humane
nature
must
needs
produce
many
great
enormities
:
Lust
will
become
a
law
,
and
Envie
will
become
a
law
,
coveteousnesse
&
ambition
will
become
lawes
,
and
what
dictates
what
derisions
such
lawes
will
produce
,
may
easily
be
discerned
,

&c.

They
that
love
this
Common
wealth
as
things
now
stand
,
will
use
all
meanes
to
procure
an
act
of
oblivion
,
a
generall
pardon
from
his
Majestie
the
Souldiers
their
Arrears
,
and
tender
conscience
a
just
and
reasonable
satisfaction
,
else
we
all
must
perish
first
or
last
.

God
preserve
his
Majestie
and
the
lawes
wherein
their
Lordships
and
the
whole
Kingdome
are
concerned

David
Ienkins
Prisoner
in
the
Tower
of
London
.

17
Ma.
1647.

Jenkins
,
David
,
1586?-1667
,
one
of
the
judges
for
South
Wales
,
distinguished
for
his
loyalty
to
,
and
sufferings
for
,
the
cause
of
Charles
I.
,
pub
.
in
1618
,
12mo
,
his
Works
,
consisting
of
his
vindication
,
occasional
tracts
,
&c.
,
which
,
with
some
legal
treatises
,
&c.
,
were
written
in
prison
.
He
is
best
known
by
his
Eight
Centuries
of
Reports
Ex.

Ch.
and
in
Error
,
4
Hen.
III.
-21
Jac.
I
,
(
1228-1623
;
)
3d
ed.
,
Lon.
,
1771-77
;
his
treatise
Lex
Terrae
Angliae
,
1647
,
4vo
;
and
his
Pacis
Consultum
,
1657
,
8vo
.
See
Athen.

Oxon.
;
Bridgman's
Leg.
Bibl.
;
Marvin's
Leg.
Bibl.
,
and
authorities
there
cited
;
Wallace's
Reporters
;
Disraeli's
Comment
on
the
Life
and
Reign
of
Charles
I.

Notes, typically marginal, from the original text

Notes for div A46770e-30

a
Mag.
Char.
chap.
29.2
.
part
.
inst.
fol.
28
.
29.4●.48.49.50
.
composed
by
Sir
Ed.
Cooke
and
published
by
the
Order
of
the
House
of
Commons
in
May
,
1641.

b
Rhot.
par
.
●
.
roule
4.
Ed.
3
.
Num.
2
.
part
.
inw
.
page
50.
with
this
agrees
Sir
John
Lees
case
,
Ro●Par
.
41.

E
3.
Num.
22.23.2
.
inst.
fol.
50
.

c
See
4.
part
.
inst.
fol
23
48.292
,
2.
part
inst.
f.
47
,
48.

d
Dr.
Bonams
case
8.
part
of
Cook
.
reports
.

e
Petition
of
Right
3.

C●r
,
reget
.

f
Nevels
case
2.
part
Cooke
reports
.

g
4.
part
:
insti.
fol.
4.9
.

h
〈…〉
●0
.
●-14
.
Ed
3.
c.
●

i
See
I
,
part
.
book
deel
.
pag
140.
163.