David Jenkins (1586-1663).
[17]Judge Jenkins, prisoner in the Tower of London, Windsor, etc., <eleven> yeares, for his loyalty. He would have taken it kindly to have been made one of the judges in Westminster Hall, but would give no money for it, [so[18] the Lord Chancellor Hyde never preferred him].
He was of very good courage. Rode in the lord Gerard's army in Pembrokeshire, in the forlorne-hope, with his long rapier drawne holding it on-end.
Obiit Dec. 3, anno Domini 1663; sepult. at Cowbridge church in the south aisle in Glamorganshire. No remembrance yet (1682) set up for him.
[Quaere[19] Sir Robert Thomas whereabout in the church or chancell.]
[20]David Jenkins hath writt a learned treatise of the lawe, in folio, of cases twice judged (quaere nomen); and an 'opusculum' (Lex terrae, etc.) in 16mo.
Borne at ... in Glamorganshire. He was of Edmund Hall. Afterwards of Graye's inne. One of the judges[21] in South Wales. Imprisoned a long time in the Tower, Newgate, and Windsore. Was the only man that never complied. Dyed about 1665, at Cowbridge in Glamorganshire.
He marryed Sir John Aubrey's sister.
[22]David Jenkins, judge, was borne at Hensol, the place where he lived, in the parish of Pendeylwyn in com. Glamorgan. He was reciting this verse out of Ausonius, not long before he dyed, to Sir Llewellin Jenkins:—
Et baculo innitens, in qua reptabat arena.
Scripsit Opuscula, contayning severall little treatises, viz. Lex terrae, etc.; Rerum judicatarum censurae octo, in folio; praeter alias ejusdem naturae ineditas.
He was one of the judges of the Carmarthen, Cardigan, and Pembrokeshire circuit before the wars. In the warres he was taken prisoner at Hereford. Long time prisoner in the Tower, Newgate, Wallingford, and Windsore. Never submitted to the usurping power (I thinke, the only man). All his estate was confiscated; and was always excepted by the parliament in the first ranke of delinquents.
In his circuit in Wales at the beginning of the warres, he caused to be indicted severall men of those parts (that were parliament, etc. engaged against the king) for highe treason; and the grand jury indicted them. Afterwards, when he was prisoner in Newgate, some of these grandees came to him to triumph over him, and told him that if they had been thus in his power, he would have hanged them. 'God forbid els!' replied he—which undaunted returne they much admired.
The parliament intended to have hanged him; and he expected no lesse, but resolved to be hangd with the Bible under one arme and Magna Charta under the other. And hangd he had been, had not Harry Martyn told them in the house that
Sanguis martyrum est semen ecclesiae,
and that that way would doe them more mischiefe. So his life was saved, and they removed him out of the way to Wallingford Castle.
He dyed upwards (something[23]) of fowrscore yeares of age at Cowbridge in the county of Glamorgan,[24] on St. Nicholas day, November[25] the sixth, 1663; and in that church lyes buried, yet without a monument, but I thinke my cosen intends one.
'Tis pitty he was not made one of the judges of Westminster-hall for his long sufferings; and he might have been, he told me, if he would have given money to the Chancellor—but he scornd it. He needed it not, for he had his estate againe (1500 li. per annum), and being old and carceribus confractus. Mr. T. H., Malmesburiensis, told him one day at dinner that 'that hereafter would not shew well for somebodie's honour in history.'
[26]Sir Llewellin Jenkins remembers himself kindly to you. He hath made a very fine inscription (which is an abstract of his life) in laxe Iambiques for judge David Jenkins. I would have him send it to you, but he is too modest.