Jenkins, David
, an English lawyer, distinguished
for his learning and eminence in his profession, and for
his loyalty to Charles I. was descended from an ancient
and honourable family, and born at flensol, in Glamorganshire, about 1586. He became commoner of Edmundhall, Oxford, in 1597, and after taking the degree of B. A.
removed to Gray’s-inn, studied the law, and when admitted to the bar, rose to a considerable share of practice.
In the first of Charles I. being a bencher, he was elected
summer reader, but, for what reason we are not told, refused to read. He was afterwards made one of the judges
for South Wales, an office which he accepted purely out
of respect to the king, who gave him the patent without
his paying any fees for it, as it cost him twice the annual
salary (So/.) in travelling expences. He continued, however, in this office until the rebellion broke our, at which
time he either imprisoned or condemned to death several
persons in his circuit, for being guilty of high treason in
bearing arms against the king. At length, being taken
prisoner at Hereford, when that city was surprized by the
parliamentary forces, he was carried up to London, and
sent to the Tower, whence, being brought to the bar in
chancery, he denied the authority of that court, because
their seal was counterfeited, and consequently the commissioners of such a seal were constituted against law. On
this he was committed to Newgate, impeached of treason,
and brought to the bar of the House of Commons. On this
occasion he behaved with undaunted spirit, denying their
authority, and refusing to kneel. “In your speech,” said
he, “Mr. Speaker, you said the House was offeuded 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 am so, that was the reason of such my behaviour: For as long as you had the king’s arms engraved
on your mace, and acted under his authority, had 1 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
iduty and allegiance to your sovereign and natural
|
liegelord the king, and are become a den of thieves, should I
bow myself in this house of llimmon, the Lord would not
pardon me in this thing.”
This 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, on which judge Jenkins “resolved to suffer with the Bible under one arm,
and Magna Charta under the other;” but his enemies were
diverted from this design by a facetious speech of Harry
Marten, a kind of parliamentary buffoon. He was, however, fined 1000l. for contempt, and committed to Newgate, and his estates sequestered. There seems some
confusion in the dates of this affair as given in our author
rities; but it appears by Jenkins’s own account that he
was imprisoned, in various places, in all about fifteen years.
The parliament, however, were sensible of the weight of
his character, and would have been glad to have gained
him over by’any means. While in Newgate, they sent a
committee, and made an offer to him, that if he“would
own their power to be lawful, they would not only take
off the sequestrations from his estate, which was about 500l.
per annum, but would also settle a pension on him of 1000l.
a year. To this he answered, that he never would allow
rebellion, although successful, to be lawful. They then
made another proposal, that he should have the same as
mentioned above, if he would suffer them to put in print
that he owned and acknowledged their power to be lawful
and just, and would not gainsay it. To this he replied,
that he would not connive at their doing so 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, and would
set forth the House of Commons in their proper colour.
When they found him so firm, one of the committee used
this motive,” 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 1“said the judge,” did they desire
you to press me in this matter?“” I will not say they did,“replied the other,” but I think they press you to it without speaking at all.“On this the old man’s anger was
heightened to the utmost, and he exclaimed,” Had my
wife and children petitioned you in this matter, I would
have looked on her as a whore, and them as bastards."
| The committee then departed, and judge Jenkins remained
in Newgate, or in other prisons, until the restoration.
Wood says that in 1656 he was set at liberty, and lived a
while at Oxford, but this seems a mistake.
After the restoration he was designed to be made one of
the judges in Westminster-hall, but refusing to comply
with the usual demands of the perquisites on that occasion,
which he thought unreasonable after having suffered so
much,*
he retired to his estate in
Glamorganshire, then
restored to him, and died at Cowbridge, in that county,
Dec. 6, 1667, aged about eighty-one or two. He was
buried at the west end of that church. He died as he
lived, inculcating with his last breath, to his relations and
friends, loyalty to his majesty and obedience to the laws of
the land. He was a person of great ability in his profession, and was often consulted by sir
John Banks and
William Noy in their attorneyships. His vindication of himself, and several other occasional tracts of his writing, aJl
very short, were printed in 1648, 12mo, under the title of
liis “
Works.” Most of these were written in prison, and
have been often reprinted. He is also the author of “
A
preparative to the treaty with the king,” &c.
1648 “
A Proposition for the safety of the king;” and a Reply to an
Answer to it. But he is now chiefly known in the profession by his “
Reports,” or “
Eight Centuries of Reports
solemnly adjudged in the exchequer chamber, or upon
writs of error, from 4 Hen. III. to 21 Jac. I.” originally
published in French, 1661, fol. and again in French 1734,
folio; but the third edition was translated by
Theodore
Barlow, esq. with the addition of many references, and a
table of the principal matters, and published in 1771 or
1777, folio. Mr. Bridgman adds to his publications another, which was published in 1657, 12mo, entitled “
Pacis
consultum, or a directory to the public peace, briefly describing the antiquity, extent, &c. of several county corporation courts, especially the court-leet,” &c.
1
|
This text has been generated using commercial OCR software,
and there are still many problems; it is slowly getting better
over time.
The text was scanned and OCRd several times, and
a majority version of each line of text was chosen.
Please don't reuse the content
(e.g. do not post to wikipedia)
without asking liam
at fromoldbooks dot org first (mention the colour of your socks in the subject line of the mail),
because I am still working on fixing errors.
Thanks!
Works found by this author (or others with similar names) in the Early English Books Online Collection:
A discourse touching the inconveniencies of a long continued Parliament. And the judgement of the law of the land in that behalfe. / By David Jenkins now prisoner in the Tower of London. (1647) by Jenkins, David, 1582-1663.
The armies indempnity. (1647) by Jenkins, David, 1582-1663.
An apology for the army, touching the eight quære's upon the late declarations and letters from the army, touching sedition falsly charged upon them. Wherein those quæres are resolved, and thereby the present proceedings of the army are proved to be legall, just & honorable. By David Jenkins, prisoner in the Tower of London. (1647) by Jenkins, David, 1582-1663.
A scourge for the directorie, and the revolting synod. Which hath sitten this 5. yeares, more for foure shillings a day, then for conscience sake. / By Judge Jenkins. (1647) by Jenkins, David, 1582-1663.
The vindication of Judge Jenkins prisoner in the Tower, the 29. of Aprill, 1647 (1647) by Jenkins, David, 1582-1663.
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. (1647) by Jenkins, David, 1582-1663.
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: [sic] only to be by juries and not otherwise unlesse it be by Act of Parliament. (1647) by Jenkins, David, 1582-1663.
A recantation of Iudge Jenkins, a reverend and learned father of the lawes, delivered at Westminster, the 10. of April 1647. to Mr. Corbet the Chaire-man of the Committee of Examination, with his name subscribed thereunto. Wherein he humbly submitteth himselfe to the power assumed by the two Houses of Parliament, in opposition to the Kings authority; together with a vindication of the negative oath imposed by the power and authority of the two Houses. Published for the satisfaction of tender consciences, who pretend the unlawfulnesse of taking the said negative oath. (1647) by Jenkins, David, 1582-1663.
Severall papers lately vvritten and published by Iudge Ienkins, prisoner in the Tower viz. 1. His vindication. 2. The armies indempnity [sic]: with a declaration, shewing, how every subject ought to be tryed for treasons, felonies, and all other capitall crimes. 3. Lex terræ. 4. A cordiall for the good people of London. 5. A discourse touching the incoveniences of a long continued Parliament. 6. An apologie for the army.Severall papers lately written and published by Judge Jenkins, prisoner in the Tower. (1647) by Jenkins, David, 1582-1663.
Iudge Ienkins remonstrance to the Lords and Commons of the two Houses of Parliament, at Westminster, the 21 of February, 1647 by David Ienkins ... (1647) by Jenkins, David, 1582-1663.
To the honorable societies of Gray's-Inne, and of the rest of the innes of court, and to all the professors of the law (1647) by Jenkins, David, 1582-1663.
The answer of Judge Jenkins, to the imputation put upon his plea in Chancerie; which was read in open court the 14 of Februarie, 1647. / And avowed by David Jenkins, prisoner in Newgate. (1648) by Jenkins, David, 1582-1663.
The declaration of David Jenkins late prisoner in the Tower of London; concerning the Parliaments army, and the lawes and liberties of the people of England. With the copy of his letter sent from VVallingford Castle, to his dread soveraign the King; and his advice and directions touching the treaty. Subscribed, David Jenkins. (1648) by Jenkins, David, 1582-1663.
A short, sure, and conscientious expedient for agreement & peace. Tendred to the two Houses of Parliament: with an appeale to the Assembly of Divines; and an application to the people, and the Ministery of the Kingdome. / VVritten by D.J. (1648) by Jenkins, David, 1582-1663.
A preparative to the treaty: or, a short, sure, and conscientious expedient for agreement and peace; tendred to the two Houses of Parliament. With an appeale to the assembly of divines. Also, an admonition to the people, concerning the present ingagements. / By Da. J. P.N. (1648) by Jenkins, David, 1582-1663.
All is not gould that glisters; with a vindication of His Majestie from the scandalous aspersions concerning former taxes and ship-money. / Written to informe the ignorant, to satisfie the unsatisfied, and to stop the mouthes of all such as carry two faces under one hood. (1648) by Jenkins, David, 1582-1663.
The vvorks of that grave and learned lavvyer Iudge Ienkins, prisoner in Newgate. Upon divers statutes, concerning the liberty, and freedome of the subject. With a perfect table thereto annexed. (1648) by Jenkins, David, 1582-1663.
Judge Jenkin's 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, / by David Ienkins, prisoner in Newgate. (1648) by Jenkins, David, 1582-1663.
The triall of Judge Jengins [sic] 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. (1648) by Jenkins, David, 1582-1663.
A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country. (1648) by Jenkins, David, 1582-1663.
God and the King: or, The divine constitution of the supreme magistrate; especially in the kingdome of England: against all popular pretenders whomsoever. Published for the satisfaction of the weake: being a private discourse of a reverend judge, with some commanders of the Army, for their satisfaction, by their desire. (1649) by Jenkins, David, 1582-1663.
Pacis consultum: a directory to the publick peace: briefly describing, the antiquity, extent, practice and jurisdiction of several countrey-corporation-courts; especially, the court leet. An exact and perfect method to keep a court of survey for the setting forth and bounding of the mannors, lands, and tenements; with the articles to be therein given in charge: a work most useful: of which subject, never was any thing printed before. An abstract of the penal statutes, useful for all men to know. Also some difficult questions in law, proposed unto, and resolved / by Judge Jenkings. (1657) by Jenkins, David, 1582-1663.
Judge Jenkins remonstrance to the Lords and Commons of the two Houses of Parliament at Westminster, the 21. of February, 1647. By David Jenkins prisoner in Newgate. (1660) by Jenkins, David, 1582-1663.
A proposition for the safety & happiness of the King and kingdom, both in church and state, and prevention of the common enemy tendered to the consideration of His Majesty and the Parliament against their next session / by a lover of sincerity and peace. (1667) by Jenkins, David, 1582-1663.