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judgement_n according_a good_a word_n 1,736 5 3.9879 3 false
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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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abuse of the sword of Iustice without the use of any other on the Princes part if the Lawes of the land and of the Religion professed in it bind the people from drawing their swords in maintenance of their liberty and shall their obedience to God and the King and their Lawes leave them without hope or means of redresse by the same Lawes or what sufficient redresse and reparation can be made then if the result of a hundred such wicked judgements and Counsels shall be onely a great misdemeanour and a hundred misdemeanors cannot make a felony nor a hundred Felonies amount to a Treason according to the Lord Straffords position maintained publikely at his tryall I wish the Lord Digby had longer ruminated upon his ill digested judgement in this point before he put it over for good I proceed to the next words They are And this designe of force not appearing all his other wicked practises cannot amount so high with me Wherin if by this designe his Lordship meane the particular designe of bringing the Irish Army into England then is the consequence most inconsequent For sure if the Lord Strafford had not he might have had some other designe upon this Kingdome that would have amounted to hight treason in the Lord Digbies eye or if by this design his Lordship intend generally the designe of using force then sure it was made plaine enough to his Lordship at the tryall that the Lord Strafford did more then designe the using of force to the subversion of more then one of the fundamentall Lawes of England and Ireland having actually levied warre upon the Kings liege people to constraine obedience to his illegall summons and orders upon Paper-petitions and to raise moneys upon them against their wills But his Lordship saith Hee can find a more naturall spring from whence to derive those and all his other Crimes then from an intention to bring in Tyranny and to make his owne posterity as well as ours slaves As from revenge from pride from Avarice from passion from insolence of nature Is it possible that so sharpe a wit as the Lord Digbyes that can so quickly espy the mishap of any argument brought forth against the Lord Strafford should not see this misconception of his own in his excuse Shall no man be a Traytor that can find another more naturall spring from whence to derive his treasonable designes and actions then from an intent to commit Treason Then the Lord Strafford would not have beene a Traytor with the Lord Digby though hee had brought the Irish Army into England if that action had originally flowed from one of the foresaid Springs as I beleeve it would have done Then his Lordship may absolve many and I am sure will one of the Gun-powder Traytors whose son hath found so much Princely compassion and favour from his Majestie and the King his Father upon I beleeve a well-grounded opinion that the Fathers designe to have destroyed the King his Master proceeded not from any malicious mind to his sacred person but was derived from his zeale to his Religion a purer spring then any of those his Lordship hath found out to wash the Lord Strafford which certainly have beene the springs of all the fowlest treasons in the world And as for the Lord Straffords respect to his posteritie since the Lord Digby knoweth no man better that we are all deceived with a shew of good in every sinne we are drawne into by him who hee thinketh gave the Lord Strafford the application of his rare abilities And that not only many Ministers of State are easily engaged to bee Instruments of overthrowing the Common-wealth and glory of Kingdomes so they may advance themselves and their Families to riches and honour because that in so doing they imagine they get more in their private fortunes then they lose in their parts of the publike But even the wisest Princes themselves have by this deceit been drawne into the same errour as Philip the second of Spaine and Lewis the eleventh of France For an error it was in them and may bee demonstrated to have been so as farre as Politique matters are capable of demonstration Nay since the Lord Digby avoweth that the consideration of his posteritie did not hold the Lord Strafford himselfe from becomming the grand Apostate to the Common-wealth not only in opinions but by falling from them to practises as high as tyrannicall as any subject ever ventured on and such as made him the most dangerous Minister the most insupportable to free subjects that can bee Charactered I know not why his Lordship should esteeme it so sure a preservative against the Treason he hath suffered for I had almost said justly and so doth his Lordship For he doth not say but the Lord Strafford was worthy to dye and perhaps worthier then many a Traytor He doth not say but his words counsells and actions have beene proved to be such as may direct the King and Parliament to enact that the like shall be Treason for the future but only prayeth God to keepe him from giving judgement of death on any man or of ruine to his innocent posterity upon a Law made a Posteriori So that if his Lordship may be freed from this scruple of Conscience there is hope that hee may change his opinion and be brought a Posteriori to declare his agreeing in judgement with himself and the so much greater part of the House of Commons And that I shall now hope to doe by shewing him a fallacy in the second and last ground of his Argument The fallacy lyeth in this that his Lordship doth divide those things in his consideration which God hath joyned and in doing this will needs be wiser then the State and Lawes hee liveth under which no man ought to be unlesse they thwart the Law of God This hee doth where he faith There is in Parliament a double power of life and death by Bill a Judiciall power and a Legaslative that the measure of the one is what is legally just of the other what is prudentially and politiquely fit for the good and preservation of the whole but these may not be confounded in judgement we may not piece up want of legallity with prudentiall fitnesse And truly if his Lordship had but added these words Except some Case as yet wholly omitted or not yet sufficiently declared come to be judged in Parliament I should have fully assented to his whole discourse in this point But in either of those Cases to deny unto that representative Body the High Court of the Kingdome a liberty to doe any thing not unjust in it selfe though not as yet legally declared to bee just for the preservation of that greater body it represents when according to the sincere and dispassionate judgement of Prudence and Policy it cannot be sufficiently secured by Lawes already made is neither agreeable to the Law of Nature nor of the Land nor of God nor to a rule of