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A26767 Elenchus motuum nuperorum in Anglia, or, A short historical account of the rise and progress of the late troubles in England In two parts / written in Latin by Dr. George Bates. Motus compositi, or, The history of the composing the affairs of England by the restauration of K. Charles the second and the punishment of the regicides and other principal occurrents to the year 1669 / written in Latin by Tho. Skinner ; made English ; to which is added a preface by a person of quality ... Bate, George, 1608-1669.; Lovell, Archibald.; Skinner, Thomas, 1629?-1679. Motus compositi. 1685 (1685) Wing B1083; ESTC R29020 375,547 601

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of England and Ireland and Dominion of Wales Isles of Guernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or for the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient That then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary legal power of Sheriffs Justices of Peace Mayors Bayliffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the administration of Justice so as neither the said Sheriffs Justices of Peace Mayors Bayliffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct employ or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from his Majesty his Heirs or Successors without the consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the number of thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so disbanding themselves shall be guilty and incur the pains of High-Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any pardon from his Majesty his Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and employing the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition To the end that City may be fully assured it is not the intention of the Parliament to take from them any priviledges or immunities in raising or disposing of their Forces which they have or might have used or enjoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XVII That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the one and twentieth day of May 1642. and who shall be hereafter made shall not sit or vote in the Parliament of England without consent of both Houses of Parliament And that all Honour and Title conferred on any without consent of both Houses of Parliament since the twentieth day of May 1642. being the day that both Houses declared That the King seduced by evil Council intended to raise War against the Parliament be declared Null and Void The like for the Kingdom of Scotland those being excepted whose Parents were passed the Great Seal before the fourth of June 1644. XVIII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the setling of the Garrison of Barwick of the 29th of November 1643. and the Treaty concerning Ireland of the 6th of August 1642. for the bringing of ten thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembrooke and Mungomery Theophilus Earl of Lincoln James Earl of Suffolk William Earl of Salisbury Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stanford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Estrick Thomas Lord Bruce Ferdinando Lord Fairfax Mr. Nathaniel Fines Sir William Armine Sir Philip Stapilton Sir Henry Vane senior Mr. William Perpoint Sir Edward Aiscough Sir William Strickland Sir Arthur Hesilrig Sir John Fenwick Sir William Brereton Sir Thomas Widdington Mr. John Toll Mr. Gilbert Millington Sir William Constable Sir John Wray Sir Henry Vaine junior Mr. Henry Darley Oliver Saint John Esq his Majesties Sollicitor-General Mr. Denzel Hollis Mr. Alexander Rigby Mr. Cornelius Holland Mr. Samuel Vassell Mr. Peregrin Pelham John Glyn Esq Recorder of London Mr. Henry Martin Mr. Alderman Hoyle Mr. John Blakiston Mr. Serjeant Wilde Mr. Richard Barwis Sir Anthony Irby Mr. Ashurst Mr. Bellingham and Mr. Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for conservation of the Peace between the two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That his Majesty give his Assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1 Qualification That the persons who shall expect no pardon be onely these following Rupert Maurice Count Palatines of Rhine James Earl of Darby John Earl of Bristol William Earl of New-castle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Kt. Dr. Bramhall Bishop of Derry Sir William Widdrington Col. George Goring Henry Jermin Esq Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangewayes Mr. Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esq now called Sir Hen. Vaughan Sir Francis Windibanke Sir Richard Greenvill Mr. Edward Hide now called Sir Edw. Hide Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Jun. Sir John Colepepper Mr. Richard
evidence and he infamous too was sufficient to the partial and mercenary Judges for the fellow was afterwards for the same deposition convicted of perjury who having given under his hand contrary to what he had sworn to the Judges eyes bely'd his venal Tongue These are the counterfeiters of Commissions of the King's Signet forgers of writings and hands and the Cony-catchers of Novices They of their own accord give men Authority to raise Soldiers and then turn that Authority to their ruine Deliver Letters which they venture to do though as they say upon the Peril of High Treason and then inform the Soldiers that they might seize the Parties with the Letters bring them before the new Court and point blank condemn them to Death In the mean time there was no accusing of the clandestine authors of the Villany and far less bringing them to Justice So that it clearly appeared that these were not the crimes of private men but publickly deliberated forged in the shop of the Politicians and committed to the Myrmidons who as Jackcalls to the Lyons might make it their business to hunt out for Crimes which the High Court of Justice might run down The Scots being long uncertain what to do and divided into divers Factions at length resolve upon Monarchical Government and proclaming CHARLES the Second King A few who relished a Republick being of the same mind with the Regicides concealed their rancour not daring to discover themselves nor resist But upon what Conditions he should be admitted to the Throne is seriously debated nor never well agreed upon Most of the Highlanders firmly maintain that no other Articles are to be demanded of his Majesty but the ancicient promises which the Laws injoyned at the inauguration of Kings Others to wit the Covenanters would have him first to subscribe the Solemn League and Covenant give signs of sorrow and repentance for his Father and Mother's sins and all banished and turned out of Court who had carried Arms for his Father or had not as yet taken the Covenant I mention not the rest as being but a few whose minds were either corrupted by Bribes and Pensions from the Regicides or were infected with the contagion of their Friends the Democraticks and who urged severer terms that they might raise new scruples and cut off all way for the King's admission At length the middle party prevailing CHARLES the Second is by Heralds in all publick Place proclaimed King of Scotland England and Ireland In the mean while the debate growing long in the Convention of Estates and Committee of the Kirk who were to consider of the matter and to draw it up into Form they themselves at length resolve to send Windram Laird of Libberton to try the Kings mind who having delivered him Letters full of sorrow and regret for the horrid and unparallelled Murder of his Father assures him that the Scots were ready to obey him had proclaimed him King and Successour to the Crown and that upon the following Conditions they would admit him to the Supreme administration of the Government The Proposals were to this effect That the King should subscribe the Solemn League and Covenant and consent by act of Parliament that all his Subjects should take it confirming all that they had done for that purpose That he should confirm the acts of the two last Sessions of the Parliament which condemns Duke Hamilton's late engagement and irruption into England That he should recal his Commission to Montross whereby he had Power to raise Souldiers in Scotland or bring them into Scotland from abroad That he would renounce his right of Negative Vote That he would suffer no Papist about him and lastly that he would appoint a place in Holland where Commissioners might wait upon his Majesty for adjusting of these proposals and of other things that might be previous to his voyage These Proposals were made in the Isle of Jersey where the King with many of his Courtiers then was who having received the Letters made Windram very welcome and not long after sent Sir William Fleeming to the Scottish Nobility and Committee of the Kirk with Letters of reciprocal congratulation At length he writes to them by Windram That he was well pleased with their obedience and indignation against the Regicides exhorts them that they would seriously endeavour the restoring of Peace and Concord that for that end he should not be wanting in any thing and bids them for that purpose send Commissioners to Breda with whom he would treat about the re-establishing of Peace The King being willing to deliberate about these matters more seriously privately demands the Opinions of his Friends writing to those whose Affairs hindered them from waiting Personally upon him But so many Heads so many Minds yet the Opinions were divided chiefly into two Some perswade him not at all to listen to the Scots there being treachery hid under the specious Cloak of obedience They represent to him his Father as an Instance of it who had been long gull'd with fair promises until he was forced to be severe to his most faithful Subjects and then afterward was delivered up to the pleasure of the Faction That they would cloath him with the Name and Title of a King but keep all the Power and real Authority in their own hands And that if he offered for the future to resist and get his neck from under the Yoke they would deliver him up to the English Regicides or kill him with their own hands That he would do better to stick by Montross than by the united Forces of Scotland whom he had found to be faithful and brave in doubtful and difficult times and magnanimous and fortunate at a pinch that with his own and the Forces of his Friends succours from abroad and the aid of the English Irish and Scots he might mount his Throne in spight of all the attempts and endeavours of his Enemies Others again magnified the Authority of Parliament and the Power of the Covenanters giving it out that the English also who loved Presbytery secretly favoured the Scots though at present they discovered not themselves that it would procure him likewise reputation abroad to be owned King of Scotland That the Queen also exhorted him to make Peace with the Scots who though at first they proposed severe and grievous Conditions of Union yet his Majesty would in progress of time obtain more easie terms the Covenanters by long conversation and frequent Offices being won over to calmer and milder Dispositions that they consulted their own Interests under the Veil of Divine Worship and Cloak of Religion and that by complying with the Times he would at length find the Scots more tractable and submissive to his his Will and Pleasure Thus the King betwixt Scylla and Charybdis was for some time at a stand uncertain to what side to adhere but resolving to determine himself for
Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue Quam diu se bene gesserint and in the intervals of Parliament by the afore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy-Council Lords of Session and Exchequer Officers of State and Justice-General in such manner as the Estates of Parliament there shall think fit That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three to be employed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or compelled to go out of the said City or Liberties thereof for Military service without their own free consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Nonuser Misuser or Abuser That the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common Council And for prevention of inconveniencies which may happen by the long intermission of Common Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Council assembled touching the calling continuing directing and regulating the same Common Councils shall be as effectual in the Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament And that the Lord Mayor Aldermen and Commons in Common Council may adde to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further safety welfare and government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament That all Grants Commissions Presentations Writs Process proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal assent shall be declared and enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and other things under any Great Seal of England in any time heretofore were or have been And that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England And that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by any authority of any other Great Seal since the 22th day of May Anno Dom. 1642. or hereafter to be passed be Invalid and of no effect to all intents and purposes Except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the custody of the Commissioners aforesaid on or after the said 22th day of May and before the 28th day of November Anno Dom. 1643. were afterward proceeded upon returned into or put in ure in any the Kings Courts at Westminster And except the Grant to Mr. Justice Bacon to be one of the Justices of the Kings-Bench And except all Acts and proceedings by virtue of any such Commissions of Goal-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642. And that all Grants of Offices Lands Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any person or persons Bodies politick or corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void And that all Honours and Titles conferred upon any person or persons in the said Kingdom of Ireland since the said Cessation shall be null and void That the several Ordinances the one intituled An Ordinance of Parliament for abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales and for se●ing of their Lands and Possessions upon Trustees for the use of the Common-wealth the other intituled An Ordinance of the Lords and Commons assembled in Parliament for appointing the sale of Bishops Lands for the use of the Commonwealth be confirmed by Acts of Parliament These were the Conditions of Peace proposed by the Parliament as the subject matter of that Conference which all passionately wished and a great many fought for They were the very same that had been heretofore sent to the King when he was at Hampton-Court and not onely rejected by his Majesty but by the Army also as being too unreasonable they onely differed in this that in those last there was no mention made of the Scots In the mean time the Pacificators are invested with no other authority but that of answering the Royal Arguments and of returning Reasons to induce the King to assent they had no power of softening any Proposition or altering the least word nay nor so much as of omitting the Preface Their Instructions likewise bear that they are to acquaint the Parliament with the Kings Concessions and the whole progress of the Negotiation to treat altogether in writing nay and to debate the Propositions as they lay in order not descending to a new Proposition until the former was adjusted Nor was it thought enough that the Conditions and Commissioners were so strictly limited they confine the Conference also to the Town of Newport in the Isle of Wight and the continuance of it to the space of forty days The King also who was to be present at the Conference was so far well treated as to be permitted to come out of his Prison and have that Island allowed him for a larger confinement but upon promise given that he would not depart out the Island within forty days after the conclusion of the Conference and the sly Oligarchick and Democratick Republicans who had a hand in the Councils were the Authors of those scruples and restrictions With great caution the Parliament permitted some of his Majesties necessary Servants by name some Lawyers Divines and a Secretary to be present but not to be admitted into the Conference onely to be without behind the Curtain in the Lobby So that the King alone was singly to sustain the person of a Politician and Divine against the