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A75434 An answer to the Lord Digbies speech in the House of Commons; to the bill of attainder of the Earle of Strafford, the 21th. of Aprill. 1641. Written by occasion of the first publishing of that speech of his Lordships. And now printed in regard of the reprinting of that speech. 1641 (1641) Wing A3420; Thomason E198_3; ESTC R11361 12,154 27

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of his mercy and by his over-ruling power had not prevented it contrary to his Lordships prudentiall judgement who I perceive would else have found a wrong Father for those seared distractions of the Kingdome Or if all I have yet said bee not enough let this suffice that the Lord Digby himselfe not only in a former speech made before he altered his mind but in this very speech doth clearely allow of this very kind of proceeding which he would faine see me to disallow For after all the expression of his so nice tendernesse of conscience in this point even his Lordship notwithstanding moved that laying aside the Bill of Attainder the House would thinke of another such a one as might secure the state from the Lord of Strafford saving only his life Which under favour had not onely beene to condemne him a posteriori to worse then death That is either to have lived in perpetuall imprisonment or to have become an ignominious fugitive and vagabond after hee had beene branded by the House of Commons by his Lordship and by his most sacred Majestie in such a manner as might well have put the same thoughts into him that every-one that met him would have killed him which made Caine cry out That his punishment was greater then he could beare But for ought his Lordship hath expressed the Bill he moved for might have trenched as deep to the ruine of his innocent posterity as the Bill of Attainder Nay I pray tell mee how but by a Law a posteriori could his Lordship have condemned the Lord Strafford of high treason as he hath professed that hee should and might have done with Innocence if that of the Irish Army had beene proved to his understanding For I doe not know whether as the case may bee put those words touching the Irish Army had beene treason as yet declared by the Statute of 25. Edw 3. But it they be then I am sure the former words are a much vaster treason And to leave no lease of his Lordships defence unventilated his reason drawne from the marking of a house infected with the plague being the same in other words with the Lo. Straffords taken from a boy is of a little shew but no force at all For under favour these comparisons shew no more but that no action in it selfe indifferent such as that the old Rhetoricians make use of the going up to the top of the wals of a Towne of Garrison ought to bee made capitall to any man that had no knowledge of that Law which I allow to bee good reason But am sure his Lordship will not allow that the Lord Strafford was charged with any such slight Article and much lesse that the result of them all is a matter of indifference or such a one to which the Lord Strafford could plead ignorance of the hainousnesse of the crime For there is no man capable of committing the treason for which hee hath suffered but must needs know That as the safety of the people is the supreme Law so the attempting to introduce any new forme of government without their consents especially an Arbitrary and Tyrannicall one is the greatest wrong can be done and the highest Treason can bee committed against a State And sure Sir Thomas Wentworth who as the Lord Digby himselfe hath noted in his foresaid speech for the Trichniall Parliament was the man that whilome in the House of Commons first moved for the inserting of that clause in the Petition of Right And that your Majestie would bee also graciously pleased for the further conmfort and safety of your people to declare your Royall will and pleasure that in the things aforesaid all your Officers and Ministers shall serve you according to the Loves and Statutes of this Realme as they tender the honour of your Majestie and prosperity of this Kingdome was not ignorant of the greatnesse of this offence If the Lord Wentworth and the Lord Strafford were as indeed a man may well thinke they were that in their Story shall hereafter observe that they no sooner were admitted to the honour of being in the number of his Majesties Officers and Ministers but they began and so continued to bee the great transgressors and violaters of all the heads of the same Petition of Right in the Kingdomes of England or Ireland and of most of them in both I cannot observe any thing more in the Lord Digbies speech that without wrong to his judgement may be thought to have beene a ground of his so solemne Protestation that his vote went not to the taking away of the Lord Straffords life But I have observed two passages which may give a little light how his judgement so neat in other things came to bee corrupted in this The first is an ungrounded apprehension that neither the Lords nor the King would have passed the Bill and consequently that the passing of it in the House of Commons would be cause of great divisions in the State For there is no passion doth multiply faster or which in shorter time will raise a greater mist in the mind of a wise man then groundlesse feare The second is His Lordships having upon this occasion much inculcated to his owne conscience the height and weight of the Crime of committing murther with the sword of Iustice But for ought appeares in his Speech having quite forgotten to put in a due Counterpoyse thereunto from a no lesse serious consideration of that saying of the Wise man Hee that justifieth the wicked and hee that condemneth the just Even they both are abomination to the Lord. And the president made upon King Ahab recorded in those words Because thou hast let goe out of thy hands a man whom I appointed to utter destruction thy life shall goe for his life Wherein notwithstanding I would not be so understood as if I who am a private man did take upon me to judge of the Lord Staffords Cause For as I declared at the beginning my intention throughout hath beene only to vindicate the publike proceedings from scandall and to cleare that Lord Digby from his scruples The first of which now I have done with the zeale that became me I shall henceforth with aequanimity expect to see what grounds there was of the Lord Straffords hopes that hee may hereafter appeare lesse guilty of the death hee died then as yet he doth to me And though in the later I have used necessary freedome in expressing my present conceits of the Lord Digbyes Reasons yet I reserve a thought that the weaknesse may bee in my own understanding and that though of my selfe I am not yet by his Lordship I may be made capable of them being one that hath his eminent abilities in no lesse admiration then any other whatsoever FINIS