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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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the treachery of the Irish to deliver up to Jones Dublin with the whole Garrison and all that continued in their Duty From that time the Pope's Nuncio Commanded in Chief except in those places which were under Jones Coot and Monck which espoused the Party of the Rump-Parliament He took to himself the whole Power made Laws pronounced Judgments drew up and mustered Armies managed the War and imposed money with an absolute and despotick Authority But by this means he became both hated and despised so that having received one blow after another especially Preston's Forces being defeated by Jones he grew weak both in Men and Authority This opportunity was laid hold upon by Clanricard who Commanded one Army in Vlster and Taff who Commanded another in Munster who having consulted with Inchiqueen resolved upon it as the most expedient course to implore the Royal Assistance again Unite together into one and to send forthwith to the Queen and Prince of Wales to acquaint them with what they had done confessing that the Truce was not faithfully observed and discovering those by whose fault and instigation it was broken They moreover most humbly beg that the Marquess of Ormond may be sent over with Authority and Supplies and engage upon conditions which were not disliked by the King to fight under his Banner till the broken Forces of the Rump-Parliament should be utterly destroyed and his Majesty and they themselves fully restored to their former peace The Popes Nuncio suspecting that matters would fall out so and that the storm which his Government had raised would break over his own head forbids any farther Treaty threatens the Contraveeners with dire Punishments and at length strikes those that persisted in their purpose with the usual Weapon of Excommunication But that blunt Thunderbolt scared no body for they march against him and besiege him in the Town of Galloway Whilst in the mean time the Lord O-brian diverts the Succours that Ouen-Ro-Oneal designed to bring to his Party Then the Pope's Nuncio despairing of relief capitulated for a dishonourable Retreat and departed Whilst these matters were acting the Glorious King Charles the First Murdered by the Hands of Rebel Parricides Crowned his Death with Martyrdome Nevertheless the Marquess of Ormond being rid of that difficulty and having a new Commission and Instructions from King Charles the Second repairs to Corke and shortly after to Kilkenny where a Parliament or Convention of the States of Ireland was then kept and after long Debates on each side they came to a great many Articles of Agreement of which this was the substance After a Recognition whereby they owned his Majesty for Soveraign and lawful King of Ireland and that they would to the utmost defend him with their Lives and Fortunes they agree That the King should give the Irish free liberty of their Religion That if it seemed fit to the Deputies or Commissioners who were appointed to the number of eighteen a Parliament should be called within two Months wherein Papists as well as others should have liberty of free Voting and that the King shall confirm their Acts provided they be not grievous to Protestants All Acts and Decrees past since August 1641 that might be dishonorable to the Irish Nation shall be repealed That all Law Suits Sentences Actions or Processes commenced or determined since that time be wholly abolished and that the Irish be restored to the Lands and Estates whereof they had been dispossessed That all Impediments be removed that were wont to barr the Irish Papists from sitting in Parliament That all Debts be reckoned to be in the same state as they were in in the Year 1641 and that no body be molested nor troubled upon that account That the Lands of the Barons and Nobles in the Counties of Toumond Clare Tipperrary Limmerick Kilkenny and Wicklo be adjudged to the ancient Possessors and their Titles made good by new Acts. That Inns be Erected for the Students in Law wherever the Lord Lieutenant shall think convenient and where Degrees also in the Law may be taken as well as in England That Places and Titles of Honour and beneficial Offices may be free both to Papists and Protestants That the use and Exercise of Arms Commands and Governments may be in the power of the same and that during the War five thousand Irish Foot and two thousand Horse be kept in pay That the Court of Wards be abolished and in lieu of it twelve thousand pounds a year payed into the Kings Exchequer That no Peer have liberty to Vote by Proxy That the Nobles be obliged within five years to purchase Lands a Baron to the value of two hundred pounds a year a Viscount four hundred an Earl six hundred a Marquess eight hundred and a Duke a thousand That they may be free to treat of the independance of the Parliament of Ireland upon that of England That those of the Kings Privy-Council shall meddle with no Affairs but the Publick That Suits about Titles be referred to the Judges of the Kingdom to whom it belongs to try them That the Acts against the Exportation of Irish Wool Tallow and other Goods out of the Kingdom be repealed That they who have been under any pretext Fined or Punished in the County of Ulster since the first of King James shall be relieved according to Equity That the Inhabitants and Citizens of Corke Youghal and Dungarban be restored to their Possessions that they were turned out of in the beginning of the War provided they give Security for their Loyalty and that they shall not be troublesome to the Garrisons That an Act of Oblivion be past of all things before committed those excepted who stand guilty of Barbarous and Inhumane Crimes That it be lawful to none of the Nobles to Farm the Customes That Laws be made against Monopolies That the Jurisdiction of the Court called Castle-Chamber be moderated That the Law be abrogated which ordained That Horses should not draw the Plow by the Tail and that the Straw should not be burnt to separate the Corn from it That Law Suits about Sea Matters shall be decided in the Chancery of Ireland That for the future all Actions about the want of Title shall be suppressed if the owners have from ancient times possessed the Lands by any Right That also all Interest for Moneys since the beginning of the Troubles be discharged and that for the following years it exceed not five per Cent. a Year That the Deputies or Commissioners shall impose sufficient Taxes for carrying on the War both by Sea and Land either by way of Excise or any other way that they shall judge most convenient for the Publick That Justices of the Peace shall have Power to determine Suits under the value of ten Shillings That the Governours of the Popish Perswasion enjoy the Governments and Commands that they are at present in possession of That the Tenths of taken Ships and
intersint ad consentiendum his quae tum ibidem de communi concilio Regni nostri Divinâ favente clementiâ contigerit ordinari Teste Meipso c. The ancient form of the Writ to the Peers The Kings Writ to the Nobles or Peers runs thus CHARLES by the grace of God c. to the most Reverend Father in Christ if it speaks to any of the Bishops to Our Cousin if it is addressed to any Duke Marquess or Earl To our Beloved and Faithful if to a Baron Whereas by the advice of Our Council We have ordained that Our Parliament shall be holden at Westminster c. for the dispatch of certain difficult and urgent Affairs concerning or pertaining to Us and the State and Defence of Our Kingdom of England and of the Church of England and there to hold a Colloquy and Treat with you and with the rest of the Prelates Great men and Nobles of Our said Kingdom of England Therefore We by the Fidelity and Love if the Writ be sent to the Bishops by the Fidelity and Allegiance if to any of the Peers which you owe to Us streightly injoyning command you that in consideration of the difficulty of the aforesaid Affairs and of the Dangers impending laying aside all Excuses at the day and place aforesaid you personally appear to treat with Us together with the rest of the Prelates Great men and Nobles concerning the Affairs aforesaid and thereupon give Us your counsel And this you are not to omit as you love Us and Our Honour and the Safety of Our said Kingdom and the expedition of the said Affairs And if the Writ be directed to a Bishop it goes on further thus And you are to forewarn the Dean and Chapter of your Church and all the Clergy of your Diocess that the said Dean and the Archdeacons be personally present and the said Chapter by one and the said Clergy by two sufficient Procurators having full and sufficient power from the said Chapter and Clergy at the day and place aforesaid to Consent to those things which then and there by the favour of the divine Clemency shall happen to be ordained by the Common Council of Our Kingdom Witness my self c. Ad Communes seu Inferioris Confessus Senatores Aliud Rescriptum ad Vicecomites Praesides Civitatum seu Municipiorum conceptis hisce verbis ità se habet Rex Vicecomiti salutem Quia de advisamento assensu Concilii nostri c. progreditur ut superius ibidem cum Praelatis Magnatibus Proceribus Regni nostri Colloquium habere tractatum Tibi praecipimus firmiter injungentes quòd factâ Proclamatione in Comitatu tuo post receptionem hujus Brevis nostri Parliamenti tenendi die loco praedictis duos Milites gladiis cinctos magis idoneos discretos Comitatûs praedicti de qualibet Civitate Comitatûs illius duos Cives de quolibet Burgo duos Burgenses de discretioribus magìs sufficientibus liberè indifferenter per illos qui Electioni huic interfuerint juxta formam Statutorum indè edictorum provisorum eligi nomina eorundem Militum Civium Burgensium in quibusdam Indenturis inter te illos qui hujusmodi Electioni interfuerint conficiendis sive hujusmodi electi praesentes fuerint sive absentes inseri eósque ad dictum diem locum venire facies Ità quòd iidem Milites plenam sufficientem potestatem pro se Communitate praedicti Comitatûs ac dicti Cives Burgenses pro se Communitatibus Civitatum Burgorum praedictorum divisim ab ipsis habeant ad faciendum consentiendum his quae tum ibidem de communi Concilio Regni nostri favente Deo contigerit ordinari super negotiis antè dictis ità nè pro defectu potestatis hujusmodi seu propter improvidam Electionem Militum Civium aut Burgensium praedictorum praedicta negotia infecta maneant quovis modo Nolumus tamen quòd tu nec aliquis alius Vicecomes dicti Regni nostri aliqualiter sit electus To the Members of the House of Commons Another Writ directed to the Sheriffs and Chief Magistrates of Cities and Corporations runs thus The King to the Sheriff greeting Whereas by the Advice and Assent of Our Council c. as before then and there to hold a Colloquy and Treaty with Our Prelates Great men and Nobles of Our Kingdom c. We command and streightly injoyn you that a Proclamation being made in your County Court after the receipt of this Our Writ concerning Our Parliament to be holden at the day and place aforesaid you do cause two Knights of the most fitting and discreet of your County aforesaid and of every City in the said County two Citizens and of every Burrow or Corporation two Burgesses of the most discreet and sufficient to be freely and indifferently chosen according to the form of the Statutes in that case made and provided by those who shall be then present at the said Election and you are also to insert the names of the said Knights Citizens and Burgesses whether the persons so elected be present or absent in certain Indentures to be made betwixt you and those who shall be present at the said Election and you shall cause them to appear at the day and place aforesaid so as the said Knights have full and sufficient power for themselves and the Community of the aforesaid County and the said Citizens and Burgesses for themselves and the Communities of the said Cities and Corporations severally to do and consent to those things which by the favour of God shall by the Common Council of Our Kingdom be ordained concerning the Affairs aforesaid so that by the want of such Power or by the improvident Election of the Knights Citizens or Burgesses aforesaid the Affairs aforesaid be not in any way left unfinished undispatched Yet We will not that you or any other Sheriff of Our said Kingdom be by any means elected These things being punctually performed according to exactness of Law the Members in a solemn and splendid Procession such as may imprint an Awe and Reverence in the minds of the People go first to Church and then to the Parliament-house And at that time the King coming into the House of Lords and having called up the Members of the House of Commons either speaks to them himself or causes the Lord Chancellor to declare to them the weighty causes of their meeting and what it is he would have them consult and deliberate about for the Publick Good The King is not obliged afterward unless he please to be present at their Consultations except at the end of a Session that he may give the strength and vigour of a Law to their Bills The Knights and Burgesses of the Lower House have severally the Oath of Allegiance administred unto them by one appointed for that effect by the King which amongst other things
but all their said several preferments places and promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without advice and consent of both Houses of Parliament Provided that no Laps shall incurr by such vacancy until six months past after notice thereof 6 Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Mayors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military employment in this Kingdom without the consent of both Houses of Parliament 7 Qualification The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 8 Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9 Qualification Branch 1. That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not onely deserted the Parliament but have also voted both Kingdoms Traytors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom Branch 2. That two full parts in three to be divided of the Estates of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom Branch 3. That one full moity of the Estates of such persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10 Qualification That a full third part of the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Counsellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil And of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere And of all Masters of Schools or Hospitals and of all Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves to the Parliament before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11 Qualification That the persons and Estates of all Common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds sterling and the persons and Estates of all Common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds sterling be at liberty and discharged Branch 1. This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit Branch 2. That the 1 of May last is now the day limited for the persons to come in that are comprised within the former Qualifications Provided that all and every the Delinquents which by or according to the several and respective Ordinances or Orders made by both or either of the Houses of Parliament on or before the 24th day of April 1647. are to be admitted to make their Fines and Compositions under the rates and proportions of the Qualifications aforesaid shall according to the said Ordinances and Orders respectively be thereto admitted and further also that no person or persons whatsoever except such Papists as having been in Arms or voluntarily assisted against the Parliament have by concealing their quality procured their admission to Composition which have already compounded or shall hereafter compound and be thereto admitted by both Houses of Parliament at any of the rates and proportions aforesaid or under respectively shall be put to pay any other Fine than that they have or shall respectively so compound for except for such Estates or such of their Estates and for such values thereof respectively as have been or shall be concealed or omitted in the particulars whereupon they compound and that all and every of them shall have thereupon their Pardons in such manner and form as is agreed by both Houses of Parliament That an Act be passed whereby the Debts of the Kingdom and the persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before-mentioned may be leavied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XIX That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without consent of both Houses of Parliament And to settle the prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-Ports Chancellor of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and the