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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
Lloyd now called Sir Rich. Lloyd Mr. David Jenkins Sir George Strode George Carteret Esq now called Sir Geo. Carteret Sir Charles Dallison Kt. Richard Lane Esq now called Sir Rich. Lane Sir Edward Nicholas John Ashburnham Esq Sir Edward Herbert Kt. his Majesties Attorney-General Lord Rae George Gourdon sometime Marquess of Huntly James Graham sometime Earl of Montross Robert Dalyell sometime Earl of Carnewath James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogley sometime Earl of Airby Alester Madonald Gordon Younger of Gight Col. John Cockram Graham of Gorthie Mr. John Maxwell sometime pretended Bishop of Ross And all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2 Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of Winton Edward Earl of Worcester Lord Brudnell Carell Mollinex Esq Lord Arundel of Warder Sir Francis Howard Sir John Winter Sir Charles Smith Sir John Prestan Sir Bazil Brooke Lord Audley Earl of Castlehaven in the Kingdom of Ireland William Shelden of Beely Esquire Sir Henry Beddingfield 3 Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having onely assisted the said Rebellion have rendred themselves or come into the Parliament of England 4 Qualification That Humfrey Bennet Esq Sir Edward Ford. Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee. Sir John Pate John Ackland Edmond Windham Esq Sir John Fitzharbert Sir Edw. Lawrence Sir Ralph Dutton Henry Lingen Esq Sir Hen. Fletcher Sir Rich. Minshall Laurence Halestead John Denham Esq Sir Edmund Fortescue Peter Sainthill Esq Sir Tho. Tildisley Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Mr. Geo. Benyon now called Sir Geo. Benyon Sir Edw. Walgrave Sir Edw. Bishop Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Tho. Lyddell Sen. Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Robert Owseley Sir John Many Lord Cholmley Sir Tho. Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Claney Esq Sir Tho. Chedle Sir Nicholas Kemish Hugh Lloyd Esq Sir Nicholas Cripse Sir Peter Ricaut And all such of the Scottish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Councils and be restrained from coming within the Verge of the Court and that they may not without the advice and consent of both Houses of the Parliament of England or the Estates in the Parliament of Scotland respectively bear any Office or have any Employment concerning the State or Commonwealth And in case any of them shall offend therein to be guilty of High-Treason and incapable of any pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit And that one full third part upon full value of the Estates of the persons aforesaid made incapable of Employment as aforesaid be employed for the payment of the publick Debts and Damages according to the Declaration Branch 1. That the late Members or any who pretended themselves late Members of either House of Parliament who have not onely deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traytors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Councils and be restrained from coming within the Verge of the Court. And that they may not without advice and consent of both Kingdoms bear any Office or have any Employment concerning the State or Commonwealth And in case any of them shall offend therein to be guilty of High-Treason and incapable of any pardon by his Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament of Scotland respectively shall think fit Branch 2. That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Councils and restrained from coming within the Verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any Employment concerning the State or Commonwealth And in case any of them shall offend therein to be guilty of High-Treason and incapable of any pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit Branch 3. That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Councils and be restrained from coming within the Verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any Employment concerning the State or Commonwealth And in case any of them shall offend therein to be guilty of High-Treason and incapable of any pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5 Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil And that all Serjeants Counsellors and Attorneys Doctors Advocates Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any preferment or employment in the Commonwealth without the advice and consent of both Houses of Parliament And that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any preferment or employment in Church or Common-wealth
Lord Bishop of Winchester the Worthy Nicholas Oudart Secretary and Counsellour to the Prince of Orange by Sir John Wederburn Knight by Dr. Richard Owen Professor of Divinity and Rector of St. Swithins in London by Dr. George Ent heretofore Physician to Charles the First and now to the present King and also by Fabian Philips an Attorney who was my Assistant in searching the Rolls Offices and Monuments of the Law that I may not mention Dugard who printed it men above all exceptions although there is an insolent Defamer who pretends I have fathered another mans Work whose Calumnies I neither value nor fear This Passage is inserted by him onely to prove he was the Author of it but is at the same time a strong proof of his integrity for it is very well known these Persons were not all of one side in our late Distractions The first Part of this Piece was first printed about the year 1651 without his name for the information of Strangers and therefore he premiseth a short account of the Prerogatives of the Crown and the Priviledges of Parliament and Liberties of the Subject here which had been so abominably misrepresented to Forreigners that they stood generally in great doubt on which side the right lay and considering the time when it came out first nothing could be of greater use and benefit to the then-oppressed interest of our late Soveraign Nor was it onely useful abroad but at home also for the People of England were then so distracted by the Contradictions betwixt the Royal and the Rebel Party that they at least many of them did as little know on which side to give their Verdict as the Neighbour Nations Hence the Learned and Ingenuous Mr. Henry Foulis in his Preface to his History of the wicked Plots of our pretended Saints gives us this Account of himself As for the Author saith he whilst a School-boy he was too much sway'd to Presbytery and delighting in the Stories of our Times had none to peruse but May Vicars Ricraft and such-like partial Relators by which means believing with the ignorant all things in print to be true he was perswaded to encline to the wrong side But a little before his going to theVniversity lighting by chance upon Dr. Bates 's judicious Book Elenchus Motuum he found the Laws and true Government to be opposite to his former Readings and therein the Knavery and Jugling of their Opposers strange things which he had never heard of before Which with some other assistance so far prevail'd with him that in a short time he threw off Father Schism and ever since like little Loyal John in the Epitaph For the King and Church and Bloud-Royal He went as true as any Sun-Dial There are some others who have acknowledged to the World in print the benefit they and the Government received from this first Part. The Second Part was added by Dr. Bates after his late Majesties Restitution to inform the World of the manner of his Majesties Escape from Worcester and how things were carried till the deposition of Richard Cromwel wherein is an excellent account of the bloudy War in Ireland and the just Judgment of God upon the Scotch Covenanters for joyning with our English Parliamentarians upon pretence of setting up Presbytery here but indeed to inrich themselves the second time with the Spoils of England the effect of which was that Presbytery was ruined even in Scotland by O. C. and his victorious Independant Army and they lost at the same time all their Civil Priviledges and were treated till the Kings return as a conquered People by their fellow-Rebels The Third Part was written by one Dr. Tho. Skynner another Learned Physician to continue and bring down the Story and shew the Joy of our Nation at the Restitution of his late Majesty It is in the Original written in a florid stile and full of curious and ingenuous Reflections The Translations of all these have been managed with great care to make them both true to the Originals and delightful to the Reader onely the Translator thought fit to supply some Papers which are but hinted at or wholly omitted in the Author as the Treaty of the Isle of Wight in the First Part the Coronation-Oath in the Third and others And also when there are any Papers or Expressions mentioned to publish the original Papers and words when he could find them but when not he hath humoured the Translation as near the Latin as the sence of the Author and idiome of the two Languages would permit There is great hope that this short account of our late horrible Confusions here in England which is so acceptable in the Original to all Forreigners and Learned English-men may now translated be no less acceptable to all those who either cannot read the Latin or care not to give themselves so much trouble and that it may contribute something to the interest of the Government by forewarning men how they betake themselves to those courses again which produced such dreadful Effects heretofore A TABLE To the First Part. A. ACcusations against the Lord Keeper and Judges pag. 24 Army fall off from the Parliament and seize the King out of their possession 82. Seem to comply with the King ibid. but relapse 87. The Assembly set up Presbytery 57 B. Beginning of the Troubles 17 Bishops accused 24. Their Lands sold 59 C. Covenant and Solemn League 60. Its fruits 62 Courts several abrogated 28 Cromwel Oliver 77 E. Episcopacy abrogated 56 F. Fairfax Sir Thomas 77 Fasts the noted fore-runners of some mischief 134 H. High Court of Justice falsely so called its beginning and proceedings 139. and inf Hotham Sir John 38 I. Independents 61 71. and inf work the Presbyterians out of power 76 79 Intercessions for the King 142 Ireton's Remonstrance 133 Irish Rebellion its beginning 45 The Junto or Rump of the House of Commons 138 K. King Charles the First goes into Scotland 31. Goes to the House of Commons 34. Withdraws to Windsor and thence towards York 35. Goes to the Scots Army 65. Designed to be murdered 88. Escapes to the Isle of Wight 91. He is murdered 158. His excellent Character 161. Keepers of the Liberties or Council of Forty 166 L. Laud Archbishop 23 Lords House in Parliament abolished 163 M. Militia 33 36 41 Monarchy of England and the Rights thereof 1. Abolished by the Rebels 163. O. Oxford-Parliament 63 P. Parliaments what their Power and Customs 5. and inf Parliament-Factions 22. To sit as long as they please 30. Their scandalous Declaration 32. Their unreasonable Demands 39. Modelled by the Army 137. Peters Hugh 133 143 Prerogative abated 29 The Presbyterian Model 57 Prynn William 137 Q. Queen goes into Holland 35 R. Religion the pretence of the Rebellion 43 S. Scots Rebellion 20. They come into England 62. The King puts himself into their hands 65. They sell him 67. Take up Arms for the Kings deliverance 100. Are defeated 101. Sects and Sectaries
he might disappoint those that pursued him Upon their Journey the Earl of Derby told the King That lately when he was defeated by Lilburn one Pendrel harboured him safely in Boscobel-house but that he was a Papist Thither the King resolved to betake himself This House is distant from Worcester twenty six Miles stands in Shropshire upon the borders of Staffordshire seated betwixt Tong-Castle and Brewood in a woody place very fit for a retreat One Gifford that was well acquainted with the Ways leaving Kedderminster on the Left-hand conducted him by Stonebridge and at Whiteladies an old Monasterie of Cistertian Nuns in the midst of the Woods about a Mile from Boscobel having knockt up another Pendrel about midnight he and his Company are let in Whilst the King had his Hair cut off in this House and burnt in the Fire his Hands blackned with Soot and shifting his Cloaths put on an old Countrey Suit two other Pendrells Brothers Richard who lived in a Neighbouring little Farm at Hobbal and William in Boscobel are sent for whom the Earl of Derby acquainting them with the disaster and shewing them the Kings Majesty Beseeches for Gods sake their Loyalty and all that was Good and Sacred to keep him safe and forthwith find out some place for him where he might securely lurk The honest Countrey-men promising to do what lay in their Power Richard by a back door led him out into the next Wood Wilmot having been before ordered to go on Horseback to London where at the sign of the Green Dragon by the Vintry in Thames-street the King had resolved to meet him John Pendrell promising to shew him a way which he might more securely follow After that the Nobles had taken the best care they could of the King they consult about their own safety and think it safest to follow and if they could overtake Leslie because of the number of men he had with him that might secure them from a few stragling Soldiers and because they were got so far on their way that a considerable body of the Rebels could hardly overtake them They were not far from thence when they protected the Lord Livingstone Captain of the King's Troop of Guards from the Enemies that pursued him but that good fortune lasted not long For soon after when they had advanced beyond Newport they fall in amongst Lilburn's men who easily rout and put them to slight being quite spent with fatigue the Earl of Derby whom the impious Rebels afterwards condemned in a Council of War and put to Death Lauderdale who for his Loyalty suffered a tedious Imprisonment until the King's Restauration and others whom it would be long to name being taken In the mean time the Duke of Buckingham Livingstone Talbot with many others severally shifting for themselves made their escapes and at length went beyond Sea Nay Lesly was not got far beyond Newport when he is beset by the Enemies and all his men either dispersed or taken and particularly the Earl of Cleveland who had overtaken Lesly after the Battel Kenmore the Lord Wentworth and Middleton Most of the dispersed straglers were by the Countrey people not without a brand of Cruelty which the English Nation abhors knockt down wherever they were found with Staves Pitch-forks ●lails and what weapons rage and fury put into their hands a very unsuitable return indeed to the moderation and continence which not long before they had shewed amongst them upon their march Massey being wounded in the hand fled of his own accord to the protection of the Countess of Stanford under whose husband the father of Gray he had formerly served in Glocestershire From thence after a fortnights stay he was carried to the Tower of London where he endured the irksomness of a tedious imprisonment and being to be brought to his Tryal before the High Court of Justice he changed Cloaths with a certain Porter and made his escape The Kingdom of Scotland thus taken and most part of the Nobility cut off truckles under the Victorious Arms of the English and had not the Supreme Judge of all things reserved a root from which the Royal Issue and cause might spring out again of new and had not the same right hand of the Duke of Albemarle whom as yet we must call Monck that gave the Wound also wrought the Cure it had been undone for ever But now what befel the King the Care of Providence Hopes of the English Race and Defender of the Church since the English I know are insatiably desirous to be informed of it and that hardly in any Age a more remarkable adventure hath happened I shall according as I have heard it from the King 's own Mouth relate with some exactness and curiosity The King went into the Wood in the very nick of time as will appear For within less than half an Hour the Souldiers of Colonel Ashenhurst come in quest of him hunt all over the Monastery and running from Chamber to Chamber search into all secret places recesses and hidden corners Yet as Fate would have it they made no enquiry abroad out of the House for it rained all Day and the droppings from the Trees made the Grass very wet so that what did hurt to others saved the King For whilst he lurked amongst the thick shrubs of the Woods Richard Pendrell borrowed a Blanket for him to cover him in the Rain and furnished him with a Bill that he might seem busie in mending Hedges entreating the Wife of a Countrey-man one Francis Yates that was related to him that if she had any Victuals ready she would bring it into the Wood. She without delay brings forth some Milk and Sugar with a few Eggs and Butter The King somewhat startled at the coming of the Woman because of the babling the Sex is subject to asked her Can you be true to any one that hath served the King Yes Sir answered she I 'le die sooner than betray you At which the King being reassured fed heartily on the Victuals that were brought him Towards the Evening Richard brings him into his House that stood hard by where he prepares for a New Journey that he was to take that Night For the King amongst other things had asked If he knew any Faithful Honest Man living upon the Severn who might provide him a hiding place for a short space till he might find an opportunity of passing over into Wales for in that Country he wanted not Faithful Friends by whose means he might either get to London or lurk more securely amongst the Rocks and Mountains Being therefore informed of one Wolfe but a Papist by Religion living at Madely five Miles from thence and one from the Severn at nine of the Clock at Night accompanied with Richard he sets out to go thither But they were hardly gone the first mile when they had a Water-mill to pass by where