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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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his Lordships owne Not to the law of Nature which in any case where the safety of the whole commeth into question doth not bind it selfe from ordering in the great world that light things shall descend heavy ascend In the little that the whole man upon consultation shall consent to the cutting off of a gangren'd hand or foot though the former bee contrary to that Common Law whereby elementall bodyes are governed in their motions And the latter against that dictate of Nature which inclineth each member to have a compassionate care of the preservation of another so strongly that except in a like case no part nor the rest of the whole may nor can consent to such a mutilation Not to the Law of the Land For in that very Statute of 25. Edw. 3. Cap. 2. whereby Treasons were first declared there is a passage which doth quite overthrow his Lordships distinction and rules squared to his present purpose as is yet plainer by divers subsequent statutes if I understand English and there be no more but that and a little right reason requisite to understand Statute law as there ought to bee I will here transcribe the severall passages wherein I observe that some or all of the latter Statutes are repealed but that is not materiall to the purpose for which I cite them 25. Ed. 3. Cap. 2. And because that many other like Cases of treason may happen in time to come which a man cannot thinke nor declare at this present time It is accorded that if any other Case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without geing to judgement of the Treason till the Case be shewed and declared before the King and his Parliament whether it ought to be judged Treason or Felony 21. Rich. 2. Cap. 3. And that this Statute shall extend and hold place as well to them which be judged or attainted for these foure points of the said Treason in this present Parliament as of them which shall be judged or attainted in the Parliament in time to time of any of the foure points of Treason afore said 8. Hen. 6. cap. 6. And that this ordinance extend as well to such hurnings made after the first day of the raigne if our Soveraigne Lord the King till this time as to burnings to be made in time to come 22. Hen. 8. cap. 9. And that the said Richard Roose for the said murther and poysoning of the sard two persons as is aforesaid by authority of this present Parliament shall stand and bee attainted of High treason And because that detestable offence now newly practised and committed requireth condigne punishment for the same It is ordained and enacted by Authority of this present Parliament that the said Richard Roose shall therefore be boyled to death His offence was poysoning a Pot of Pottage By all which I conceive it to be elcere as the Noon-day that the Parliaments of England have heretofore as now used to looke backward as well as forwards if the occasion required it And so that his Lordships distinction hath no ground in the Law of the Land And truly it hath is little in the law of God For in that we reade that Moses and Aaron and all the Congregation to whom the man that was found gathering sticks on the Sabbath day was brought at first indeed did only put him in ward because it was not yet declared what should be done to him But when it was declared they then stoned that same man to death for that former fact by a Law made a posteriori The very same proceeding was held with the sonne of the Israelitish woman whose Father was an Egyptian for blaspheming or cursing for he was also stoned to death a posteriori and a generall Law declared upon the occasion that as wel the stranger as he that is borne in the Land when he blasphemeth the name of the Lord shall be put to death This furnisheth an Answer to the Objection I have heard made to the former Instance that the gatherer of sticks on the Sabbath was put to death by a speciall direction from God which may no more bee drawne into example now then Abrahams going about to sacrifice his Sonne For not to divert into that Question whether that Declaration of God Almightie ought to have beene a direction to the Jewes to punish the breach of the Sabbath with death which for ought appeares was not so understood by them unlesse Nehemiahs threatning Neh. 13.21 may be taken in that sence I humbly conceive that by the generality of the Law which ordained that Blasphemy should be punished with death it is plaine that the execution of that Mungrell Egyptian Jew for that sinne was not extraordinary And from both those Instances that by the example of the God of Heaven it is lawfull for the Assembly of Gods on Earth to put offenders to death for Crimes desorving capitall punishment though committed before they were declared to bee such And it may be so much may also be gathered from that famous place Deut. 17.9.10 which I referre to further consideration Lastly his Lordships owne Rule in his speech for the Tryenniall Parliament is this That the King out of Parliament hath a limitted a circomscribed Jurisdiction But waited on by his Parliament no Monarch of the East is so absolute in dispelling grievances For it is well knowne that if any man how great soever doe once become a publique grievance That is to say A dangerous and insupportable Minister to the State those Easterne Monarchs doe not use to stand upon punctilios of Lawes made or to be made no nor so much as upon the formality of legall proceedings Wherein there hath beene more either right or favour shewed to the Lord Strafford by the King and his Parliament then I beleeve ever was to any like Offender in the whole world before him which I 〈◊〉 to his Majesties and their eternall glory and praise I know well what may bee replyed by so me others not by the Lord Digby of the dangerousnesse of this last mentioned doctrine of his and am as sensible thereof as another man But I doe humbly conceive that there is yet more danger in the Lord Digbies fore-rehearted doctrine And that all that is in the last recited being also as I take it more conformable to the Law of the Land may be prevented by some good Ordinances otherwise needful to be made which is an Argument I must not digresse into here In summe I hope ere this it is plaine that in stead of the Prayer his Lordship made it had beene more needfull for him to have prayed to God to keepe him from making distinctions where God himselfe hath made none which his Lordship knoweth is not well pleasing to God and must needs have observed to have beene the originall of many great divisions and combustions in the Church and so might now have beene in this State if God