5. To alter the Religion established is High Treason.

6. To raise Rumours, and give out words to alienate the people's affections from the king, is High Treason.

'desire, and held it fit, that the heir of sir Ed6 ward Coke should publish in print the 'Commentary upon Magna Charta, the Pleas of the Crown, and the Jurisdiction of Courts,' according to the intention of the said sir Edward Coke, and that none but the heir of the 7. To sess Soldiers upon the people of the said sir Edw. Coke, or he that shall be autho-kingdom, without their consent, is High Trearized by him, do presume to publish in print son. [Mr. Solicitor, p. 9.] any of the foresaid books, or any copy thereof. II. ELSIGNE, Cler. Dom. Com.'

8. The execution of Paper Orders by Soldiers in a military way, is High Treason. [Mr. Solicitor, p. 9.]

9. To counterfeit the great seal, is High Treason. [Mr. Solicitor, p. 24. 4 part Instit. P. 125. Justice Hutton's Argument; fol. 39, 40. 4 part Inst.] 10. The Cominission of Array is in force, and none other.

And I do further desire them that they would read and peruse Mr. Solicitor St. John, and Mr. Pym, their Books published likewise this session, whose Titles are as followeth, viz. "An Argument of Law, concerning the Bill of Attainder of High Treason of Thomas earl of Strailord, at a Conference in a Committee of both houses of parliament, by Mr. St. John, his Majesty's solicitor general. Published by order of the Commons house." And the " "Speech or Declaration of John Pym, esq. after the Re-custody, or to whom he shall appoint, and none cap tulation or summing up of the Charge of other, [2 part Instit. Articul, super Chartas, High Treason against Thomas earl of Stratford, c. 5.] 12th April, 1641. Published by the Order of

the House of Commons."

1. Nothing is delivered in law in my Books, but what the House of Commons have avowed to be law in Books of Law, published by their command this session, and agreeable to the books of law, and statutes of this realm, in all former times and ages.

2. The supposed Offence charged on me is against the two Houses, and none ought to be judges and parties, by the law of the land, in their own case.

3. I desire the benefit of Magna Charta, the Petition of Right, and other good laws of this land, which ordain that "Men's Trials should be by the established laws, and not otherwise." They are the very words of the Petition of Right.

&c. but the king: the king makes every court. 11. None can make judges, justices, sheriffs, 12. The Great Seal belongs to the king's

13. Ordinances of one or both houses are no

laws to bind the people. [1 par. Coll. of Ordın. et Coke ut supra.]

14. No Privilege of Parliament, holds for Treason, Felony, or Breach of the Peace, not for twenty parliament men, forty, nor three hundred. [4 p. Inst. 25.]

15. To subvert the Fundamental Laws is High Treason. [Mr. Solicitor, p. 8. 70.]

16. To levy War against the person of the King is High Treason. [Mr. Solicitor, p. 12, 27.]

17. To persuade Foreigners to Levy War within this kingdom, is High Treason. [Mr. Solicitor, p. 26.]

18. To impose unlawful Taxes, to impose new Oaths, is High Treason. [Mr. Solicitor, p. 35.]

19. The king can do no wrong. [Mr. Pym,

p. 8.]

An Ordinance of both Houses is no law of 20. It is a pernicious doctrine to teach Subthe land, by their own confession; and by thejects, they may be discharged from the Oath of books of the lord Coke, published by their Allegiance. Then what means the doctrine of Order, as aforesaid, this session, in six several both Houses of the Votes 11th of Feb. 1647. places.* [Mr. Pym. p. 17.]

21. "A necessity of a man's own making, doth not excuse him." The requiring and forcing of the militia, brought the necessity of arming upon the houses. [Mr. Pym, p. 24.]

For Sedition, in my Books there is none, but such as they have "authorised to be published and printed." To publish the Law is no sedition. These positions following I do set down for the law of the land in my Books, and they themselves have justified, and avowed them as nforesaid; We agree the law to be, and to have been in all times in all the Particalars follow-law of the land, to do otherwise is High Treason ing, as here ensueth:

1. To imprison the King is High Treason. 2. To remove counsellors from the king by force is High Treason.

3. To alter the established Laws in any part by force is High Treason.

4. To usurp the Royal Power is High Trea

son.

1 Part, Col. of Ordinances, fol. 728, 2 pars Instit. fol. 47, 48. 157, 158, 4 pars Instit. 23, V22, 238, 4 H. 7, 18.

22. "None can levy War within this realm without Authority from the king, for to him only it belongeth to levy war, by the common

by the said common law." [3 par. Inst. p. 9]. The only quarrel was and is the Mintra: for the which so much blood hath been spent, and treasure. [Mr. Solicitor, 70, 71.]

23. No parliament without the king, he is principum, vaput et finis. [4 part, Inst. p. 1, 3, 4. 4 pars Ins. 41, 356.]

24. Presentment or Trial by Jury, is the birth-right of the subject.

There is no doubt but that many in both Houses are free from this Great Sin, and that most of the prevailing party, had at first no in

tentions to proceed so far; but the madness of the people (who are very unstable, and so they will find them) and the success of their armies (having this great rich city to supply them with all accommodations) have so elevated them, that the evil is come to this height.

For myself, to put me to death in this cause is the greatest honour I can possibly receive in this.world. Dulce et decorum est mori pro 'patria.' And for a Lawyer and a Judge of the Law, to die Dum sanctis patriæ legibus obsequitur;' for obedience to the laws; will he deemed by the good men of this time, a sweet smelling sacrifice; and by this, and future times, that I died full of years, and had an bonest and honourable end. And posterity will take knowledge of those men, who put some to death for subverting of the laws, and others for supporting of thein, &c.

"Afterwards passed an act for his Trial in the high court of justice, A. D. 1650, so that Jenkins thinking of nothing but hanging, was resolved, if it should come to pass, to suffer with the Bible under one arm, and Magna Charta (of which he was a zealous defender) under the other. But Harry Marten (as it is said) urging to his fellows that, Sanguis Martyrum est Semen Ecclesiæ, and that that way of proceeding would do them mischief, they thought good not to take away his life." Wood's Ath. 11, 328.

"When Judge Jenkins was brought before the Rump in 1646, he treated those rebels with a just and becoming contempt. In your speech,' says he, Mr. Speaker, you said the house was offended with my behaviour, in not making any obeisance to you upon my coming here; and this was the more wondered at, because I pretended to be knowing in the laws of the land (having made it my study for these five and forty years). And because I. you shall find the king's oath, “To shew mer-am so, that was the reason of such my behacy," is part of it: You are all his children;viour. For, as long as you Lad the king's say and do what you will, you are all his sub-arms engraved on your mace, and acted unjects, and "He is our king and parent:" "Pro

Yet mercy is above all the works of God, "The king is God's vicar on earth." In Bracton, who was a judge in Henry 3rd's time,

magno peccato paupulum supplicii satis est patri:' And therefore let not the prevailing party be obdurate, out of a desperation of safety: That which is past is not revocable: Take to your thoughts your parents, your wives, your children, your friends, your fortunes, your country; wherein foreigners write there is Mira æris 'suavitas, et rerum omnium abundantia.'

Invite them not hither, the only way to be free of their company will be, To restore his majesty, and receive from him an Act of Oblivion, a General Pardon, assurance for the Arrears of the Soldiery, and meet satisfaction to tender consciences. God preserve the King and the Laws. DAVID JENKINS. Prisoner in Newgate.

der his authority, had I come here, I would

have bowed my body in obedience to his authority, by which you were first called. But, Mr. Speaker, since you and this house have renounced all your duty and allegiance to your sovereign and natural liege lord the king, and are become a den of thieves, should I bow myself in this house of Rimmon, the Lord would not pardon me in this thing? Which provoked the house so much, that without any trial they voted him and sir Francis Butler guilty of high treason, and fixed the day of execution; but were again diverted from it by a droll speech of that remarkable bufioon Harry Marten.

"After this, they sent a committee from the Commons' house to Newgate to judge Jenkins, and made this offer to him, That if he would own their power to be lawful, they would not only take off the sequestrations from his estates, which were about 500l. per annum, would also settle a pension on him of 1,000!.

but

from me to own rebellion (although it was successful) to be lawful;' so he desired to see their backs.

"David Jenkins was made one of the Judges for South Wales, and continued in that office till the rebellion broke out, at which time he either imprisoned divers persons in his circuit, or condemned them to die, as being guil-a year. To which he answered, Far be it ty of high treason for bearing arms against the king. At length, being taken prisoner at Hereford, when that city was surprised by the parliament forces, Dec. 18, 1645, he was hurried up to London, and committed prisoner to the Tower. Afterwards, being brought to the bar in Chancery, he denied the authority of that court, because their seal was counterfeited, and so consequently the commissioners thereof were constituted against law: Whereupon, being committed to Newgate prison, he was impeached of treason, and brought to the bar of the commons house; but denying their authority, and refusing to kneel, was for his contempt fined 1,000l. and remitted to his prison, and thence-translated to Wallingford Castle.

* Bract. 1. 3, c. 9, p. 107. 4 pars Inst. 742, 343. Stanford 99.

"Then the chief of them made another proposal to the Judge, and said, 'He should have the sum was mentioned above, if he would but permit and suffer them to put in print, That he did own and acknowledge their power to be lawful and just, and would not gainsay it.' To this he answered, That he would not connive at their so doing, for all the money they had robbed the kingdom of, and should they be so impudent as to print any such matter, he would sell his doublet and coat to buy pens, ink and paper, (the use ' of which it seems, was not debarred him and 'would set forth the Commons' house in their proper colours. When they found him firm, one of the committee used this mom

You have a wife and nine children, who all will starve if you refuse this offer; so consider, for their sakes, they make up ten pressing arguments for your compliance.' 'What,' said the Judge, did they desire you to press me in this matter? I will not say they did,' replied the committee man, but I think they press you to it without speaking at all.' With that the old man's anger was heightened to the utmost, and he in passion said,Had my wife and children petitioned you in this matter, I would have looked on her as a whore, and them as bastards. Upon this the committee departed, and he continued in Newgate till the

Restoration." Grey's Ex. of Neale's 4th vol.

Heath, in his "Loyal English Martyrs," (which book appears to have been written very shortly after the Restoration, for it mentions Sheldon as "now bishop of London," which see he occupied only from 1660 to 1663,) speaking of Jenkins, says, "He was continued a close prisoner till they were weary of him, and then was sent to Windsor in the same quality, where he continued of the same mind, till without thanks, he was permitted the liberty of the town. This brave stout person is yet living, but when dead his memory shall endure for evermore."

179. Two Judgments of the Lords assembled in Parliament against JOHN MORRIS, alias POYNTZ, MARY his Wife, ISABEL SMITH, LEONARD DARBY, and JOHN HARRIS, for forging, framing, and publishing a Copy of a pretended Act of Parliament: 23 CHARLES I. A. D. 1647.

the said Isabel, and Lessee of the said John Morris, against Josias Clarke, Tenant to the said sir Adam Littleton, of part of the said lands contained in the said pretended Act, and did plead and affirm the same to be a true Copy of an Act of Parliament: And the said Darby and Harris did falsely and perjuriously swear in open court at the said Trial, that they had examined the said Copy, by them produced, with the Record of the said pretended Act, in the office of the clerk of the parliament; and did there also falsly and perjuriously swear, that they did shew that Writing to the Clerk of the Parliament, and that he did acknowledge the said Writing to be his own hand; whereas in truth the said subscription to the said pretended Act of Parliament is counterfeit, and none of the said Clerk of the said Parliament's hand. And the said sir Adam further complained of an Exemplification under the Great Seal of England, for countenancing the said forged Copy of the said pretended Act, by some undue means by the said parties thereunto affixed, of the parties shewing, whereof proof was

Die Martis, 21 September, 1647. WHEREAS John Brown, esq. Clerk of the Parliaments, did the 25th day of June, 1647, exhibit a Charge before the Lords in Parlia❘ ment, against John Morris, alias Poyntz, Mary his wife, Isabel Smith, Leonard Darby, and John Harris, for forging, framing, and publishing a Copy of a pretended Act of Parliament, alledged to have been made in the 43d of Elizabeth, and entitled, An Act to enable and make good a Conveyance and Assurance 'made of the manors of Chipping-Onger, Northokenden, Southokenden, and other lands in the county of Essex, and BeavesMarks, alias Buries-Marks, in London, by 'James Morris, esq. and Gabriel Poyntz, esq. to John Morris, alias Poyntz, and his Heirs; and to establish the said manors upon the said John Morris, alias Poyntz, and his Heirs, according to the said Conveyance: Whereas in truth there neither is, nor ever was any such act of parliament. And for forging and counterfeiting his hand-writing, and subscribing to the said copy, John Brown, Cleric. Parlia-made before their lordships. mentorum.' And the better to colour their All which being crimes of a very high and Jewd practices, have charged the said John transcendant nature, and do concern the pubBrown with the loss of the said Record, and ic justice of the kingdom, and of this honourdenying of his own band. And whereas sirable house, the supremest judicatory of this Adam Littleton, bart. who had good title to kingdom: that Acts of Parliament, the highest part of the said Manors and Lands, as in right records in this kingdom, should be framed, inof Dame Audery, his wife, wh se in eritance vented, forged, and given in evidence, and pubthereunto was sought to be impeached by the lished as true acts of Parliament; and the said Copy of the said pretended Act of Parlia- hand of the clerk of the parliament, a sworn ment, complained likewise against the said officer, forged, counterfeited, and subscribed persons before their lordships, for the said For-to the same; as that if such a bold and audacigery and Publication; in that the said John Morris, Leonard Darby, John Harris, and Isabel Smith, did produce the said Copy at Chelmsford, at Lent-Assizes, in 1646, for the County of Essex; at a trial in an Ejectione Ferma, brought by Thomas Smith, husband of

ous act should not be severely punished, no man can be sate in his life, person or estate: The said John Brown, and sir Adam Littleton, desired that the persons aforesaid might forthwith answer the said Charges; and that their lordships would inflict such exemplarly punish

ment upon the offenders, as may deter the like attempts and lewd practices in others, and give such atting reparations as their lordships in their wisdom should think meet.

Whereupon the persons aforesaid put in their Answers to the premises, and pleaded Not Guilty; and after the case had been divers days fully heard by Counsel on both sides, and Witnesses produced at this Bar, and the whole matter after thoroughly weighed, debated, and fully considered of by the house; the Lords in Parliament assembled, being fully satisfied of the guilt of the said persons, for the aforesaid high crimes charged against them, do award and adjudge,

plification of the said counterfeit Act of Parlia-
inent, to which the Great Seal of England is
charged to have been unduly and fraudently
atfixed, that so the aforesaid forged Exemplifi-
cation may be cancelled and vacated. 8. That
they shall be imprisoned during the pleasure
of this house.
JOH. BROWN, Cler. Parliamentorum."

Die Martis, 2d Die Novem. 1647. Whereas the Lords in Parliament assembled, upon the 21st of September last, gave Judg ment concerning a Copy of a pretended Act of Parliament, entitled, An Act to enable and 'make good a Conveyance and assurance, made of the manors of Chipping-Onger, Northokenden, Southokenden, and other lands in the county of Essex; and Beaves-Marks, alias Buris-Marks, in London, by James Morris, esq. Gabriel Poyntz, esq. to John Morris, alias Poyntz, and his heirs, and to establish the said manors upon the said John Morris, alias Poyntz, and his heirs, according to the said conveyance;' and declared the same to be forged and counterfeit, and there to be damned and cancelled, as by the said judgment more at large appeareth.

1. "That the said John Morris, alias Poyntz, shall pay as a fine to our sovereign lord the king the sum of 1,000l. Isabel Smith 2001. Leonard Darby 400l. and John Harris 4007. 2. That the said parties shall pay to John Brown, esq. Clerk of the parliament, for his damages, 500!. 3. That all the said parties shall, before their enlargement out of prison, be bound to their good behaviour during their lives, before some one of his majesty's justices of his bench at Westminster, with good sureties. 4. That the said Copy of the pretended Act of Parliament, falsly affirmed upon oath, And whereas Dame Audery Littleton, late to have been subscribed with the name of the wife of sir Adam Littleton, deceased, sir Folke said Clerk of the Parliament, entitled, An Grevil, kut. and Maurice Barrow, esq. by their 'Act to enable and make good a conveyance petitition exhibited before the Lords in Parliaand assurance, made of the manors of Chip-ment, complained, that notwithstanding the 'ping-Onger, Northokenden, Southokenden, said Judgment, one Isabel Smith, a person sen' and other lands in the county of Essex; and tenced by their lordships, and committed to Beaves Marks, alias Buries Marks, in Lon- Newgate for the said Forgery, having procured 'don; by James Morris, esq. Gabriel Poyntz, the said forged Act of Parliament, and other esq. to John Morris, alias Poyntz, and his forged writings, viz. three Fines of the lands heirs, and to establish the said Manors upon contained in the said forged act, and a forged the said John Morris, alias Poyntz, and his Pleading, setting forth the uses of the said heirs, according to the said conveyance;' is forged fines, to be written in parchment; and hereby declared to be forged and counterfeit; having by some slight made them to seem as if and is by their lordships adjudged and decreed they had been written long since, did foist and to be for ever damned and cancelled, and shuffle in the same amongst other Evidences, never to be pleaded in any court or cause what- and Writings remaining in the treasury of the soever: nor to be admitted to be given in evi- late Court of Wards: and pretending the same dence; there being no record of such pretend to be found there, obtained copies thereof ed Act of Parliament to warrant the same. under the hand of Mr. Audely, clerk of the 5. That all the said several Persons hereby said court, hoping thereby to gain some credit adjudged guilty of the said Crimes, shall ever and authority to the said forgeries, and further hereafter be made uncapable to be witnesses in to impeach the titles of the petitioners. any cause whatsoever. 6. That John Brown, To which Petition the said Isabel Smith put esq. Clerk of the Parliament, is, in the judg- in her Answer, and a day was appointed for ment of this house, free and clear of and from hearing the same. At which day the said Isaall and every the aspersions, falsities, and bel Smith, being present at the bar, and not charges of the said John Morris, alias Poyntz, making good any of the particulars in her said Isabel Smith, Leonard Darby, and John Harris, Answer, nor giving any satisfaction to such charged, uttered, divulged, and given out by questions as were by their lordships demanded them against him, concerning the matters of her concerning the same: And the said seherein mentioned. And that this judgment veral Writings, after full examination by hearing shall be openly read and published in the face of counsel, and witnesses produced; and also of the county of Essex, at the next assizes to upon view of the said Writings, (being by their be held for that county. 7. That the said par- lordships' order brought into the house) manities shall bring, or cause to be brought into this festly appearing to their lordships to be gross house by the first day of October next, one Ex-forgeries: The lords in parliament assembled emplification uuder the Great Seal of England, to declare, and adjudge; concerning the manor of Little Munden, in the county of Hertford; and the aforesaid exem

"That the said parchment Writings, one whereof purporteth a Fine pretended to be le