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A49445 Memoirs of Edmund Ludlow Esq; Lieutenant General of the Horse, Commander in Chief of the forces in Ireland, one of the Council of State, and a Member of the Parliament which began on November 3, 1640. In two volumes. Vol. 1.; Memoirs. Part 1. Ludlow, Edmund, 1617?-1692. 1698 (1698) Wing L3460_pt1; ESTC R1476 216,094 443

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the King to sign the Warrant for his Execution Which they did upon the twelfth of May following and the 22 d of the same Month the Earl of Strafford was beheaded accordingly At this time a treacherous Design was set on foot not without the Participation of the King as appear'd under his own Hand to bring up the English Army and by Force to dissolve the Parliament the Plunder of London being promised to the Officers and Souldiers as a Reward for that Service This was confessed by the Lord Goring Mr. Piercy and others The Scots Army was also tried and the sour Northern Counties offered to be given to them in case they will undertake the same Design And tho neither of these Attempts did succeed yet the King pleased himself with hopes that a seasonable time for dissolving the Parliament would come and then all Power reverting into his own Hands he would deal with their new enacted Laws as he had done besore with the Petition of Right and with their Members as he had done with those of the former Parliaments And that he might not long languish in this Expectation he sent to the House desiring that at once they would make their full Demands and prepare Bills accordingly for his Assent assuring them of his Readiness to comply with their Desires But they perceiving the Design return'd for answer That they could not suddenly resolve on so weighty a Work but would do it with all possible speed In the mean time to improve the present Opportunity they prevail with the King to pass an Act for the Exclusion of the Bishops out of the House of Lords for tho he was unwilling to grant the Parliament any thing yet the State of his Affairs was such that he durst deny them no reasonable thing And now having paid to the Scots and English Armies what was due to them they dismissed them to their respective homes The King having laid his Designs in Ireland as will afterwards appear was not without great Difficulty prevailed with by the Parliament to consent to the disbanding of those eight thousand Irish Papists that had been raised there by the Earl of Strafford Soon after which he resolved upon a Journey to Scotland and tho the Parliament endeavoured to disswade him from it or at least to defer it to a fitter Opportunity he refused to hearken to them under pretence that the Affairs of that Kingdom necessarily required his Presence but in truth his great business was to leave no means unattempted to take off that Nation from their Adherence to the Parliament of England Before his Departure he signed a Commission to certain Persons impowering them to pass the Bills that should be tender'd in his Absence Whilst he was about this Work in Scotland the News of the Irish Rebellion was brought to him that the Papists throughout that Kingdom were in Arms that their Design to surprize and seize the Castle of Dublin had not succeeded being discovered by one O Connelly a Servant of Sir John Clotworthy's and that the Lord Macquire and Mac-mahon who were appointed to that end were taken and sent into England where they were soon after executed for the same The News of this Rrebellion as I have heard from Persons of undoubted Credit was not displcasing to the King tho it was attended with the Massacre of many thousands of the Protestants there Having made what Progress he could in Scotland confirming by Act of Parliament not only what he had formerly granted them but also what they had done in their Assembly at Glascow and in effect whatsoever they desired of him he returned to London where being received with Acclamations and treated at the Expence of the City he became elevated to that degree that in his first Speech to the Commons he sharply reproved them for that instead of thanking him for what he had done they continued to multiply their Demands and Dissatisfactions Whereupon the Parliament were confirmed in their Suspicions that he design'd to break what he had already granted so soon as he had Opportunity and Power in his hands to plead that he was under a Force as some of his Predecessors had done and so reverse what had been enacted for the Good of the People revenge himself on those who had been Instruments in compelling him thereto and fortify himself against the like for the future These Apprehensions made them carnestly insist upon settling the Militia of the Nation in such Hands as both Houses of Parliament should recommend to him particularly representing the great Dissatisfaction of the City of London that Sir William B●lfeur for refusing to permit the Earl of Strafford to escape was dismissed from his Charge of Lieutenant of the Tower and the Government of it put into the hands of one Lunsford a Souldier of Fortune of a profligate Conversation and fit for any wicked Design With much difficulty this Lunsford was removed and Sir John Conyers put into his place but the Parliament and City not satisfied with this Choice and having discovered that Sir John Suckling under pretence of raising a Regiment for Portugal was bringing together a number of Mento seize the Tower for the King it was at last entrusted to the Custody of the Lord Mayor of London About this time great Numbers of English Protestants flying from the bloody Hands of the Irish Rebels arrived in England filling all Places with sad complaints of their Cruelties to the Protestants of that Kingdom Whereupon the Parliament earnestly pressed the King to proclaim them Rebels but could not obtain it to be done till after many Weeks and then but forty of those Proclamations were printed and not above half of them published which was the more observed and resented by reason of the different Treatment that the Scots had met with who no sooner appeared in a much better Cause but they were forth with declared Rebels in every Parish-Church within the Kingdom of England The Rebels in Ireland pretended a Commission from the King for what they did which so alarm'd the People of England that the King thought himself necessitated to do something therein and therefore to carry on his Design he acquainted the Parliament that when an Army was raised he would go in Person to reduce them but they apprehending this pretended Resolution to be only in order to put himself at the Head of an Army that he might reduce the Parliament to his Will refused to consent and procured an Act to pass for the leaving of that War to the management of the two Houses the King obliging himself not to give Terms to any of the Rebels or to make Peace with them without the Parliament's Consent In this Act Provision was made for the satisfying of such as should advance Money for the reduction of Ireland out of the Rebels Lands in several Provinces according to the Rates therein mentioned Upon which considerable Sums of Money were s●on brought in The Parliament neglecting no Opportunity
England and the Common Council of the City of London presented a Petition to the Parliament by the hands of Col. Titchborn to that effect but some of the Commonwealths-men desired that before they consented to that Method it might be resolved what Government to establish fearing a Design in the Army to set up some one of themselves in his room others endeavoured to perswade them that the execution of Justice ought to be their first Work in respect of their Duty to God and the People that the failure therein had been already the occasion of a second War which was justly to be charged on the Parliament for neglecting that Duty that those who were truly Commonwealths-men ought to be of that Opinion as the most probable means to attain their Desires in the establishment of an equal and just Government and that the Officers of the Army who were chiefly to be suspected could not be guilty of so much Impudence and Folly to erect an Arbitrary Power in any one of themselves after they had in so publick a manner declared their Detestation of it in another In order to the accomplishment of the important Work which the House of Commons had now before them they voted That by the Fundamental Laws of the Land it is Treason for the King of England for the time being to levy War against the Parliament and Kingdom To which the Lords not concurring they passed it the next day without their Consent and the day after declared That the People are under God the Original of all just Power That the House of Commons being chosen by and representing the People are the Supreme Power in the Nation That whatsoever is enacted or declared for Law by the Commons in Parliament hath the Force of a Law and the People are concluded thereby tho the Consent of King or Peers be not had thereto This Obstruction being removed several Petitions were brought to the Parliament for so the House of Commons now stiled themselves from the City of London Borough of Southwark and most of the Counties in England requesting that the King might be brought to Justice in order to which they passed an Act authorizing the Persons therein named or any thirty of them to proceed to the Arraignment Condemnation or Acquittal of the King with full Power in case of Condemnation to proceed to Sentence and to cause the said Sentence to be put in Execution This High Court of Justice met on the 8 th of January 1648 in the Painted Chamber to the number of about fourscore consisting chiefly of Members of Parliament Officers of the Army and Gentlemen of the Country where they chose Serjeant Aske Serjeant Steel and Dr. Dorrislaus to be their Counsel Mr. John Coke of Grays-Inn to be their Solicitor and Mr. Andrew Broughton their Secretary and sent out a Precept under their Hands and Seals for proclaiming the Court to be held in Westminster-Hall on the tenth of the said Month which was performed accordingly by Serjeant Dendy attended by a Party of Horse in Cheapside before the old Exchange and in Westminster-Hall On the the tenth they chose Serjeant Bradshaw to be their President with Mr. Lisle and Mr. Say to be his Assistants and a Charge of High Treason being drawn up against the King the Court appointed a convenient Place to be prepared at the upper end of Westminster-Hall for his Publick Trial directing it to be covered with Scarlet Cloth and ordered twenty Halberdiers to attend the President and thirty the King All things being thus prepared for the Trial the King was conducted from Windsor to St. James's from whence on the 20 th of January he was brought to the Bar of the High Court of Justice where the President acquainted the King with the Causes of his being brought to that Place For that He contrary to the Trust reposed in him by the People to see the Laws put in execution for their Good had made use of his Power to subvert those Laws and to set up his Will and Pleasure as a Law over them that in order to effect that Design he had endeavoured the Suppression of Parliaments the best Defence of the Peoples Liberties That he had levied War against the Parliament and People of England wherein great numbers of the good People had been slain of which Blood the Parliament presuming him guilty had appointed this High Court of Justice for the Trial of him for the same Then turning to Mr. Broughton Clerk of the Court he commanded him to read the Charge against the King who as the Clerk was reading the Charge interrupted him saying I am not intrusted by the People they are mine by Inheritance demanding by what Authority they brought him thither The President answered that they derived their Authority from an Act made by the Commons of England assembled in Parliament The King said the Commons could not give an Oath that they were no Court and therefore could make no Act for the Trial of any Man much less of him their Soveraign It was replied that the Commons assembled in Parliament could acknowledg no other Soveraign but God for that upon his and the Peoples Appeal to the Sword for the Decision of their respective Pretensions Judgment had been given for the People who conceiving it to be their Duty not to bear the Sword in vain had appointed the Court to make Inquisition for the Blood that had been shed in that Dispute Whereupon the President being moved by Mr. Solicitor Coke in the Name and on the Behalf of the good People of England commanded the Clerk of the Court to proceed in the reading of the Charge against him which being done the King was required to give his Anser to it and to plead guilty or not guilty The King demurred to the Jurisdiction of the Court affirming that no Man nor Body of Men had Power to call him to an account being not intrusted by Man and therefore accountable only to God for his Actions entring upon a large Discourse of his being in Treaty with the Parliament's Commissioners at the Isle of Wight and his being taken from thence he knew not how when he thought he was come to a Conclusion with them This Discourse seeming not to the purpose the President told him that as to his Plea of not being accountable to Man seeing God by his Providence had over-ruled it the Court had resolved to do so also and that if he would give no other Answer that which he had given should be registred and they would proceed as if he had confessed the Charge In order to which the President commanded his Answer to be entred directing Serjeant Dendy who attended the Court to withdraw the Prisoner which as he was doing many Persons cried out in the Hall Justice Justice The King being withdrawn the Court adjourned into the Painted Chamber to consider what farther was fit to be done and being desirous to prevent all Objections tending to accuse them