The present vvarre parallel'd, or, A briefe relation of the five yeares civil warres of Henry the Third, King of England with the event and issue of that unnaturall warre, and by what course the kingdome was then setled againe / extracted out of the most authenticke historians and records. Chamberlayne, Edward, 1616-1703. This text is an enriched version of the TCP digital transcription A31597 of text R36298 in the English Short Title Catalog (Wing C1846). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 60 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A31597 Wing C1846 ESTC R36298 15633251 ocm 15633251 104271 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A31597) Transcribed from: (Early English Books Online ; image set 104271) Images scanned from microfilm: (Early English books, 1641-1700 ; 1183:33) The present vvarre parallel'd, or, A briefe relation of the five yeares civil warres of Henry the Third, King of England with the event and issue of that unnaturall warre, and by what course the kingdome was then setled againe / extracted out of the most authenticke historians and records. Chamberlayne, Edward, 1616-1703. [2], 22 p. [s.n.], [London?] printed : 1647. Reproduction of original in the Huntington Library. Includes bibliographical references. eng Great Britain -- History -- Civil War, 1642-1649. Great Britain -- History -- Barons' War, 1263-1267. A31597 R36298 (Wing C1846). civilwar no The present vvarre parallel'd. Or A briefe relation of the five yeares civil warres of Henry the Third, King of England, with the event and Chamberlayne, Edward 1647 10640 25 0 0 0 0 0 23 C The rate of 23 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2005-11 TCP Assigned for keying and markup 2006-03 SPi Global Keyed and coded from ProQuest page images 2007-04 Ali Jakobson Sampled and proofread 2007-04 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE PRESENT VVARRE PARALLEL'D . OR A briefe Relation of the five yeares Civil Warres of HENRY the Third , King of England , with the Event and Issue of that unnaturall Warre , and by what course the Kingdome was then setled againe . Extracted out of the most Authenticke Historians and Records . Vt prospicias futura , respicias praeterita . The most probable way to know what will be , is to observe what hath beene . Qui respicit quae fuerunt , & inspicit quae sunt , prospicit etiam quae futura sunt . The Historian by running backe to Ages past , and then forward to present Affaires , comparing one with the other , can give a verdict of the State , well neere Prophetick . Printed in the yeare , 1647. THE PRESENT WARRE PARALLEL'D . OR , A briefe Relation of the 5. yeares Civil Warres of HENRY the third , King of England , with the event and issue of that unnaturall Warre , and by what course the Kingdome was then setled againe . HENRY the Third of that Name , ( a man more pious then prudent ; a better man then King ) swayed the Scepter of this Kingdome 56. yeares . The former part of his Reigne was very calme , the latter as tempestuous . The main tempest was thus raised . The King for many years , during that high calme , had sequestred himselfe wholly to his harmlesse sports and recreations , and intrusted the whole managery of the State to his officers and ministers . These taking advantage of his Majesties carelessenesse ( the maine fault of this King ) insensibly suck't and drayned the revenues of Crowne and Kingdome ; till the King awakened by extreame necessitie , began to enquire , not how he came in ( for his necessities would not permit that ) but how he might get out . The best way that his evill Counsellors could find to releeve their Master , and save themselves , was ( the ordinary way of supply in Parliament declined ) to have recourse to Monopolies , Patents , and other extraordinary and illegall Taxations . But ( praeter-naturall courses are never long-lived ) the free-borne English would not long endure such slavery . When the King saw there was no other remedy , hee throwes himselfe into the bosome of his people for reliefe , and advise in * Parliament , * where they undutifully taking advantage of his Majesties extremities , instead of reliefe , outbrave him publiquely , with a * Catalogue of all the mistakes , and all the mis-fortunes of his former government ; which comming to the peoples eares soon stole away their hearts , and alienated their affections from their Soveraigne , and left him wholly to the mercy and will of his Parliament . They sensible hereof , and that the reines of Government were now cast upon their necks , ( like Apollo's Horses , when Phaeton had the driving of them ) ran violent by-courses , till they set the whole kingdome on fire . So far they went as to make an Ordinance , That whereas there was present want of a through-reformation in the State , the government thereof should be put into the hands of foure and twenty , Qui Regiâ potestate suffulti , who being armed with Soveraigne power , should take upon them the whole care and government of the Kingdome , should nominate and appoint the Chancellor , Treasurer , Chiefe Justices , Governours of Forts , Castles , and Navie , and all other great Officers , and Ministers of State for all times to come . To this traiterous Ordinance , the King , Metu incarcerationis perpetuae compulsus est consentire , for feare of perpetuall imprisonment , was inforced to give his Royall assent : And for further security , to be content to give it under the great Seale , and upon Oath , that whensoever he attempted to assume unto him his Regal power , Lice at omnibus de Regno nostro contra nos insurgere , & ad gravamen nostrum opem & operam dare , ac si nobis in nullo tenerentur . It should be lawfull for all his Subjects to rise against him and oppose him , as if they owed no alleigeance to him . Strange it is that he should be content to be a meere Cipher , that so lat●ly was the onely Figure of the whole Kingdome , that hee should be content to part at once with every tittle of Soveraignty , but the bare title ! But prodigious , that so many choise Senators , so many Fathers and Judges of Law and Conscience , should so forget God and themselves , as to give their assent for the totall subverting of the Regall authority , when as they had all taken their corporall Oathes , De terreno honore dicto Regi & haeredibus ejus servando . Which Oath was well kept ( saith mine Author ) Ordinando ne unquam regerent , sed semper ab aliis regerentur : by making an Ordinance that they should never rule againe , but alwaies bee ruled by others . These foure and twentie thus setled , continue the Parliament during their pleasure , put the Kingdome in a posture of defense , place governors of their own choosing , such as they could confide in , in the cheife Forts , nominate and appoint Judges of Assise , Sheriffes of Counties , Coroners , Bailifes , ( discharging those that were made by the King ) took an oath of them all respectively . And here they would make the people believe they should never be troubled with licencious Soveraignty againe ; ( but never more as it proved : ) for now every one of them began to value his owne worth , and to hammer his head on every designe that might enlarge his owne power and command . In briefe , of so many subjects , they became totidem Tyranni , ( as the book of St. Albanes speakes ) so many Tyrants , and for one bad King before , they have foure and twenty worse . But England ( like old Rome ) cannot long endure more Kings then one : great faction and deadly feud arose between the chiefest of them ; which the rest taking into consideration , and perceiving that by so many heads , not onely Monarchy was dissolved , but faction and debate every day increased upon them , so wrought that all , but five , agreed that the foresaid Ordinance should be repealed , and the King restored to his pristine power . But those five Members stifly oppose this agreement , and for the maintenance of their cause , trahunt multos pseudoprophetas , lupos , in ovium vestimentis , qui contra Christi Vicarios , & Christum Domini Regem ipsum murmurant , non ut Spiritus Sanctus eloqui ; sed ut superioris potestatis contemptores obloqui dabant : they drew to their side many lying Ministers , ( Wolves in sheeps cloathing ) who murmure and speake evill against the Lords Anointed , not as the Holy Spirit gave them utterance , bu● as the despisers of dignities gave them their lessons . These Incendiaries by their sheeps clothing ( a faire conversation ) drew the people every where to side with them against the King , and those that wishe the King his former power . Which the King perceiving , and how the multitude grew every day more and more tumultuous , ( for all things were now ca●●●ed by tumults ) was advised by his Privie Councell , to withdraw himselfe ( least His person might be endangered ) from the Parliament ( then held at Westminster ) to His Castle at Windesor . After some contestation at this distance , it was agreed upon by the King and his adherents , and the five Members and their adherents , that the difference should be referred to the French Kings arbitrement . * The King of France upon the day of hearing , gave sentence that the said Ordinance , whereby the King was deprived of his regall power , should be made null . The five Members and their complices seeing this , ( notwithstanding they had bound themselves by oath to stand to his award ) flew off , and resolving to have their owne wills , drew into arms , made choice of the Earl of Leicester for their Generall , and ( for their own private interest , pretending the publick good ) drew the greatest part of the Kingdome after them , ( * so easie it is to draw the fickle multitude to the wrong side ) crying every where at first , Liberty and Religion , though towards the end of the war not a word of either . By their faire pretences , they gained so far upon the Londoners , that they generally enter into a Covenant to assist the Earle : For which purpose ( besides a new Major or Bailiffe ) they chose two Commanders , Thomas Pywelsden and Stephen Buckerell , at whose command , by the tolling of St. Pauls great bell , they were to be in Armes upon any occasion . Their first exploit was a march to Isleworth in a tumultuous manner , where they plundered and fired the Kings brothers Mannour-house . The Earls Army by this time on their march , plundered all that were dis-affected to their cause and proceedings , and imprisoned them : * Especially those that stood any way affected to the Queen : for they all ( but most of all the Londoners ) were most maliciously bent against her ; insomuch that as she was passing the Thames neer the Bridge , a rude rabble of the City got together on the Bridge , and with confused yellings cryed , Drown the witch , &c. and by throwing dirt and stones at her , drave her back : which impious affront was punctually remembred in the first fight ; as you shall hear anon : * Besides this main army under the Earle of Leicester , they had another army under the command of the Lord Ferrers ( of whom descended the late Lord of Essex ) who behaved himselfe insolently towards the King , in destroying his Parks as he marcht , &c. which in the conclusion cost him dear ; yet to delude the people , the main Army bore before them the Kings Arms : And to shew they were for the King , when they had displaced the old Governours of the Kings Castles and Forts , and placed in such as they could confide in , they gave them an Oath to be true to the King , and to keep those holds to the use and benefit of the King and State : yet when the King demanded entrance at one of his Forts , wherein they had placed a Governour , he was kept out . At Sea , the Barons of the Cinque-ports seized the Kings Ships , took great Prizes , but they that sate at Stern upon Land shared in those Prizes , as the fame then went . By this time the King began to rouze himself , and finding nothing now left him , but a good Cause and the hearts of his wiser Subjects , yet by that , and these , and the assistance of his Brother Richard , King of the Romans , in a short space he had raised a considerable Army . ( A King can never be so down , but he will rise againe ) with these he march't ( and like a snow-ball encreased by motion ) plundering the Rebels lands as he went to Northampton , which was fortified against him by some of the cheifest of the Rebels ; yet by a furious assault he soon gained it . Thence continuing his march into Sussex , neer Lewes , he received a Message from the Earle , the tenour whereof was , That as for his Majesty they intended no harm against him , but only desired that he would remove his evill Counsellors that did advise his Majesty against them , against the honour of the King , and welfare of the Kingdom . The King in his Answer charges them with Rebellion and disloyalty , and commands them to lay down their armes and to return to their obedience , that they might be received to mercie : but the Earle rejecting the offer ( when Subjects have once broken their fealty and trust to their Soveraign , they never dare trust their Soveraign againe ) resolves to give the King battell . Neer Lewes both armies meet : One wing of the Earls Army was made up of London Troops , which the Prince being then Generall of the Kings horse , observing , and remembring ( not without indignation ) the abuse offered by the Londoners to the Queen his Mother , he clapt spurs to his horse , and all his Cavalrie after him , crying , [ Here , here , ( my brave Cavaliers ) are the main contrivers of all rebellions and mischief ; Now , now , if ever charge home , ] and so fell on with that fury , that they presently flie : the Prince in an eager and hot pursuit does great execution upon them for four miles . But this prosperous beginning of the fight on the Kings side was the utter overthrow of the Kings forces : for when the Earle perceived that the Prince ( a young fiery spirit ) with all the Kings horse was gone so far in pursuit of the Londoners , he fell violently on the Kings foot , and soon routed them ; took the King , ( his horse being slain under him ) prisoner . The Prince at length retreating ( when he saw all lost ) surrendered himselfe . There were taken in this fight ( besides those royall prisoners , the King , the Prince , the Kings brother and his eldest Sonne ) above twenty Noblemen that were for the King ; and slaine about * 3400. The Earle having thus gotten a compleat victory , forthwith endeavours to seize all the Militia , and power of the Kingdom , for which end he carries the King about with him to countenance his actions ; but the rest of the royall Prisoners he disposes in severall garrisons . And now the Earle beleeves all his own , and the people dream of nothing but Peace , but alas the warre was not begun till now : For when the torne remainder of the Loyal army that escaped at L●wes , now keeping garrison in Bristow , and other noble spirits saw how insolently the Earle dealt with his and their Soveraign in barring him of his liberty , &c. They soon raised a considerable power under the command of Roger Mortimer Earle of March : unto whom many flockt out of Shropshire , Cheshire , Herefordshire , and Worcester , that were well affected to the King . Moreover the Queen ( who was a French woman ) got over beyond sea , to trie her friends for their assistance to restore her Husband to his former libertie and authoritie , Quod ad laudem & magnificentiam Aelionora Anglorum Reginae libet intexere ( saith one of that Age ) quod Domino suo , & Edvardo filio tam strenuè & tam virilitèr tanquam virago potentissima succurrendis fortitèr insudaverit . But before these forces were well united , the Rebels forces were as well divided : for debate arising ( as is usuall in all confederations , where all parties must be pleased , or else the knot will dissolve ) between his Excellency the Earle of Leicester , and the Earle of Glocester , because his Excellency , minding his own private , more then the publique good of his fellow Rebels , ( without any respect had to his adjutants ) ingrosses all to himself , disposes of the Royall prisoners at his own pleasure , seized on the revenues of the Crown , and composition of Delinquents for his own use , ( whereas they had privately agreed before , Ea omnia aquâ sorte inter eos dividenda fore ) . In briefe he shared all places of power and profit betweene himselfe , his sonnes , and his allies . Whereat Glocester ( as good a man as he ) stomackt and fell off with his followers to the Prince , who by this time ( disponente domino clavigero carcerum , every thing working for the King ) had made his escape out of prison at Hereford : ( for being allowed by his keepers to aire himself sometimes on horse back in the town meadow , after he had tyred two or three , at length he mounts a speciall fleet Nag , and putting spurs custodibus valedixit ) and came safe to Wigmore Castle , where the Lord Mortimer lay with his forces raised for the King , so marcht on with a great power , taking in ( as they went ) some strong garrisons of the rebels , plunder'd their houses , drave their cattel , &c. Here the warre grew hot , each side fortifying towns and houses , plundering and driving all round about to store the garrisons : Mens houses ( which were wont to be their own castles ) were now made castles , but the owners were least Masters ; all left to the mercy of the rude souldier , the poor Countrymans dwelling house pillaged every where and searcht , * usque ad lectorum stramentum , to the very bedstraw : nor onely mens houses , but even Gods houses , the very Churches were not free from the prophane hands of plunderers ; the high wayes lay unoccupied , no passing from town to town without danger of robbing . When the Prince , the Earle of Glocester , the Earle of March , with the reliques of the royal army were united and well ordered , they resolved to give his Excellency ( the Earle of Leicester ) bat●ell : At Evesham in Worcestershire by a speedy and unexpected march , they came upon him . The Earle seeing himselfe engaged to fight , gave order that his own coat-armour should be put upon the King , who was then a prisoner in the Army , and that the King ( for the safety of his person forsooth ) should be placed in the front of the battell , that so if the battell went against him , the King might be aimed at as Generall , and his Excellency thereby make his escape . But the King at first charge called out to the loyall army , that he was their King , and so was preserved ; yet not without the losse of some of his own , ( being wounded by a javelin ) as well as his subjects blood : the battell was very violent , and went sore against the Rebels ; at length the Earle himselfe ( the head of this Rebellion ) was cut off ; at the instant of whose death , there happened such extraordinary lightening , thunder , and thicke darkenesse , that it struck a generall horrour and amazement into the hearts of the Rebels , as if the King of Kings would now at last visibly revenge the Kings quarrell , or as if they had seen Gods immediate hand against them , as once against Corah , and the 250. Assembly men , Numb. 16. v. 35. for the like rebellious practises . In this signall Battell were slaine , besides the Earle and his sonne ) sixteen Lords and Knights , and about ten thousand more of the Rebells part . The Earles Corps was strangely ( though not undeservedly ) handled by the people , who were so inraged against him , the chief actour and authour of their so much mischiefe and misery , that ( in despight of him ) they lopt off his head , hands , feet , and privie members , and sent them ( in scorn ) for tokens to severall places ; his body was buried in Evesham Church . Notwithstanding this , there were many ignorant people ( who had been by specious pretences abused , and seduced to that side ) that were of opinion for a long time after , that he died a Martyr , because it was in defence of their holy ( as they thought , but indeed impious ) Covenant and Oath . Two of the Earles sonnes were at the same fight taken Prisoners : not long after they made an escape out of Prison , but could not escape Gods vengeance on Rebells ; for in France , In miseriis dies suos finiverunt . The Countesse , being banished , died a Nunne in France ▪ All the Earls Honours and Possessions were conferred upon Edmond Earle of Lancaster the Kings second son . And thus ended this great fiery Meteor in a stench . Thus fell ou● English Catalin● , ( as M. Cambden stiles him ) a man in show faire and honest , but indeed , Vir pravo ingenio & profundâ perfidiâ : of a perverse disposition , and treacherous beyond any mans suspition ; after his Soveraigne had heaped upon him many high favours , as the Earledom of Leicester , and that high and honourable office of Lord high Steward , and ( to endear him the more ) had given him his own Sister in marriage : In token of thankfulness , he doth his utmost endeavour to diminish the Kings known authority , to subject him to the wills of his Subjects , to pull down Monarchicall government , and set up a factious Oligarchy , and all under that faire common pretence of restoring Religion to its purity , and the People to their Liberty . The King thus happily preserved , and almost miraculously ( all things considered ) set at liberty ; about a Month after calls a Parliament at Winchester , ( no more at London , untill it was more loyall , and lesse tumultuous ) where by a full Convention it was enacted . That all Statutes and Ordinances made by the former Parliament ( called the wood or mad Parliament ) should be repealed , and all writings and bonds then sealed by the King for observing the sam● , should be cancelled and made void . That the City of London , ob suam Rebellionem , for this her Rebellion should be deprived of all her ancient Priviledges and Liberties , and the Ring-leaders of them , juxta voluntatem ipsius Regis plecti , to suffer such punishment as his Majesty was pleased to inflict : Et ditiores Civitatis in carcerem truderentur ( saith Matth. Westm. ) Pro eo quod Simoni , in Regis contemptum , & etiam damnum Regni , fortiter adhaeserint : that the wealthier Citizens should be cast in prison , because they had in contempt of his Majesty , and great dammage and mischief of the Realm assisted the Earle . Furthermore it was there enacted that all such as had favoured the Rebels ( were they now in prison , or at large ) should forfeit all their estates . Afterward the King marcht with a great power to Windesore . resolving ( as the fame then went ) to destroy the whole City of London : Many of the Rabble and wild Commoners ( saith Fabian ) were as resolved to defend the City against him : but the wiser sort thought better to become humble petitioners for their pardon of what was past , then to incense his Majestie any farther ; and to that end , drew up an humble Petition , and presented it to the King : but their late rebellious carriage had so farre provoked his Majesties patience , that he would not so much as admit of their Petition , or hearken to any that endeavoured to mediate for them . Hereupon they were advised to draw up an Instrument or writing , whereby they should yeeld themselves wholy , both bodies and goods to the Kings mercie , which was done accordingly , and sealed with the Common Seale of the Citie . His Majestie upon earnest suit unto him , accepted hereof , giving present expresse command , that all the Chaines and Posts which they had placed at every street and lanes end , should be forthwith carried to the Tower , and that the Mayor and fourty of the chiefe Citizens should repaire unto him the next day , and confirme their said writing : this was done , and they all came accordingly ; but ( contrary to their expectation , though not deserts ) were all delivered into the custody of the Constable of Windesore Castle , and shut up there in a large Tower , where they had small cheere , and worse lodging . The next day toward night , all ( but five , whereof the Mayor was one ) had their enlargement ▪ Those five , their bodies and goods , were as a boone bestowed on the Prince , the rest were commanded to attend at Windesore for a long time after . Sixty or seventy wealthy Citizens with all their Lands , goods ; and Chattels , did the King dispose to his household servants . For the Government of this unruly City , the King appointed one Othon a forreiner , or stranger , first Constable of the Tower , and then Custos , or Warden of the Citie , to pull downe their haughty rebellious spirits , and that his Peace for the future might be surely kept , he required the best mens sonnes in the City for Hostages . These he clapt up in the Tower , and caused them to be there kept at the cost and charges of their Parents . Daily suit was made unto his Majestie for his Pardon and favour , but in vaine : then they petition the King to know his gracious pleasure , what Fine he would demand of the whole City , for their offences against him . The King at length signified unto them that the summe of fifty thousand Marks should be their Fine . Whereto the Londoners returne this humble answer . They had been of late , by this unhappie War , so exceedingly impoverished , that a summe so great ( as it was in those times ) could not possibly be raised amongst them ; wherefore they humbly beseeched his Princely compassion might be so farre extended towards them , as to require , and accept according to their abilities . At length , after much suit and submission , and a fine of twenty thousand Marks , the King received them to mercy , and sent them under his great Seale a generall Pardon ( those onely excepted , whose estates were already bestowed ) granting and allowing that their former Charter , and ancient Priviledges should be restored unto them , notwithstanding all the transgressions ( they are the words of the Pardon ) and trespasses done to Vs , to our Queene , to our noble brother , Richard King of Almaine and the Prince , our first begotten sonne . And here was the first pacification betwixt the King and the Londoners , for whom wee may say thus much , That their foule Rebellion against their Soveraigne was not more detestable , then their humble submission to their Soveraigne was commendable . And therefore in the Ordinance , called Dictum de Kenelworth , made for the setling of the Kingdome , we find them ( notwithstanding , all their disloyalty ) commended , as shall be seen in the ensuing Story . After the proud stomach of this City was brought down , and all tumultuous spirits quelled , the King calls his Parliament ( in festo Sancti Edvardi Regis ) to Westminster , wherein those that aided and assisted the Earle were all ( excepting the Londoners ) attainted , and that all their Lands and goods were forfeited . But this Sentence ( though it was lesse then they deserved ) yet was more then they would endure , and therefore the fire ( that was not yet quencht , but smothered ) breakes forth againe . Some flie into the Isle of Ely , and fortifie that . Some into the Isle of Axholme in Lincolnshire . Another party possesse themselves of Killingworth Castle . Another , under the command of the Lord Ferrers , in the Northerne parts . And amongst others , one Adam Gurdon lived as an Outlaw in Hampshire ; * tum rarus aut nullus locus in Anglia fuit tutus , eò quod terra erat vespilionibus plena : Now scarce any place in England was free from plunderers . To reduce these to obedience , the King undertakes Killingworth Castle . The Prince was sent against Adam Gurdon . Lord Edmond the Prince's brother against those in Axholme ; And Lord Henry the King of Almaines son , against the Lord * Ferrers . To the Rebels in Killingworth Castle the King sent first a gracious message , willing them to desist , and to returne to their obedience . But they , contrary to all Law of Armes , contrary to natural civilitie , cut off the Messengers hand , and sent him back with an uncivil answer . Then the King marcht to Killingworth , and sate downe before it upon Midsummer Eve . During the siege ( which lasted six Months ) Clerus & populus convocantur , & duod●●im eliguntur de potentioribus Procerum , & prudentioribus Pralatorum , quibus datur potestas ordinandi super Statutum exharedatorum , &c. The Clergie and Laitie are assembled , and out of the chiefest of the Peerage , and wisest of the Prelates , were chosen twelve , to whom power was given to pronounce sentence against the Rebels , and to settle the peace of the Kingdome ; they , first taking an oath , de utilibus ordinandis , to decree nothing , but what should be for the good of the Common-weale . Then the people take a solemne oath , Quod dictum ipsorum inviolabiliter observarent ; that they would stand to their Decree , which to this day , by our Lawyers is called , Dictum de Kenelworth ; a severe , yet a good and wholesome course ( without effusion of blood ) to punish Rebellious Subjects . The Decree was as followeth . In nomine sanctae & individuae Trinitatis , Amen . Ad honorem & gloriam Omnipotentis Dei Patris , & Filij , & Spiritus Sancti , &c. Et ad honorem & bonum prosperum & pacificum statum Christianissimi Principis Domini Henrici Regis Angliae illustris , & totius Angliae Ecclesiae , Nos Willihelmus , &c. In English thus . In the name of the holy and individuall Trinitie Amen . For the honour and glory of Almighty God , the Father , Son , and holy Ghost , &c. And for the honour , prosperitie , and peace of the most Christian Prince , our Soveraigne Lord Henry the most renowned King of England , and of the whole Church of England ; We William Exon , William Bath and Wells , Henry Worcester , and T. St. Davids Bishops . Gilbert de Clare E. of Glocester , Humphrey Earle of Hereford , Philip Basset , John Bailof , Robert Wallop , Alan de la Souch , Roger de Somerie , and Warren de Basingborn , providing for the welfare of the Land , &c. have thought fit to order as followeth . 1. That the Rebels be not wholly deprived of their estates , but shall have liberty to redeeme their lands by fines , in manner following . 1. That those that were in the fight at Chesterfield , against our Soveraigne Lord the King . Item , All those that by force of Armes impiously kept Northampton against the King . Item , Those that gave the King battell at Lewes . Item , Those that were taken prisoners at Kenelworth . Item , Those that came to pillage Winchester , or were elsewhere against the King , whom the King hath not pardoned . Item , Those that gave the King battell at Evesham . Item , All those that freely , and voluntarily , and without any compulsion , have contributed to the Warre against the King or Prince . Item , The Officers and servants of the Earle of Leicester , that pillaged their neighbours , or were the cause of any murders , firings , or other enormities ; that all these be fined five yeares revenues of all their Estates , respectively ; and that if they pay downe their Fines presently , they may enjoy their Lands presently : but if the Land must be sold for the payment of the Fine , he , on whom the King bestowed it , shall have the refusall , if he will give as much as any other . And if the originall owner will pay down the whole Fine , he shall have the whole Land ; and likewise , if he will pay the moity or third part , he shall have the moity , or thirds of the Land . And if at the end and terme appointed , the owner doth not pay for the other moity , it shall be clearely theirs on whom the King was pleased to bestow it . And assoone as any one hath paid down his whole Fine , such shal have liberty to let , or set , or sell his land within the prefixed time . Those that have woods , and would willingly make sale of them for the payment of their Fines ; He on whom the King bestowed , and the originall owner shall have each one his Bailiffe to see it sold : and those two Bailiffes shall ( as fast as the money is made ) pay it to whom the Fine was given by our Soveraigne Lord the King : this payment must be made within three yeares at the farthest . All Officers and Reformadoes that were knowne to be common plunderers , and made it their businesse to plunder , if such have no lands , but onely goods ; they shall be fined one moity of all their goods , and shall find sufficient sureties , that they shall keep the peace of our Soveraigne Lord the King for the time to come . They that have nothing , shall be sworne upon the holy Gospel ▪ and finde sufficient sureties , that they will keep the Kings peace for the time forward , and shall make such satisfaction , and doe such penance , as the holy Church shall censure , excepting only banished persons , who are wholly left to the will and pleasure of the King . 2. Moreover , as for Wards , or young Heires ( that were in actuall Rebellion against the King during their minoritie ) their Guardians shall pay their Fines , and the said Wards ( when they come to age ) shall pay back the same to their Guardians within two or three yeeres , so that the Guardians shall have the Wardship and their marriages ( without disparagement ) even till they be come to full age , and all Wards shall pay their fines after the same manner as those of full age . Onely the Kings owne Wards shall be in the hands of those , to whom the King shall give them untill they come to yeares , and then they shall pay downe their Fines according to the same manner as those of full yeares ; Provided alwaies that there be no waste made by the Guardians upon their estates ; If their be , then the Guardians to be punished according to Law . 3 If any that were for the King before , and since the battell at Lewes , be now fined for not assisting the Prince ( when he was raysing forces to rescue his Father , ) we leave him to the King to be censured or pardoned , as he shall thinke fit . 4. That there be no sale or waste made of any woods by those on whom they were bestowed , unlesse the Fine be not pay'd within the time limited . Onely it is allowed that they shall cut so much wood as is necessary to keep the houses in reparations ; and if they shall exceed this allowance , to be severely punished . 5. If any be thought to be dangerous persons , and that they are like to move sedition , and to revive the wars ; let the King secure their persons as he shall thinke fit , either by sending them into forreine parts for a time , or what other way shall be thought expedient ; provided alwaies , that if they be thereby hindred from paying their Fines , they shall not forfet their estates . 6. That if any will not submit to this Ordinance , he be left to be censured at the Kings-bench-bar , before the feast of St. Hillary next comming . All those that live in forreine parts shall find sureties , ( according to the Lawes and customes of those States ) to live peaceably , otherwise that they shall not be received in a peaceable manner . 7. Whereas the Kings Majestie is ingaged to many that served him in his wars , and faithfully stuck to him , whom he hath not yet sufficiently rewarded , and some have been rewarded above their deserts , we desire that the King take speciall care , that out of Delinquents estates they may be all rewarded to the full , lest otherwise a new warre should be occasioned . 8. That the Kings Majestie be graciously pleased to make choise of twelve able men that may be authorized to see this punctually and faithfully performed , and that the Kings Majestie , his Heires or Successors take care that it be all firmly observed and maintained , and to enquire into , and regulate , and see duely executed , what shall be by the said twelve men ordered according to reason and equity . 9. That all Farmers and Renters of Lands that were against the King , shall lose their Farmes for all the terme or time of their leases that are to come , ( provided that the Landlords be no way endamaged ) and when the terme of their Leases are out , then to returne to the Landlords againe . 10. As for Castles and Forts built by the Kings grant and allowance , upon any Delinquents ground , contrary to the will of the said delinquent ; We decree that ( after the owner of that land hath paid his fine , which must bee within three yeares ) for six yeares more the owner of that Land shall pay such custome as was imposed by the King , or else accept of a reasonable exchange for the said Land . 11. All Lay-men who notoriously advanced the Earles designes , and assisted him or his adherents , Attrahendo homines per mendacia & falsitates parti Comitis & suorum , & detrahendo parti Regis & filii sui , by drawing people through lies and falsities either to the Earle and his partie , or from the King and his partie , it is ordained that they be fined as much as two yeares revenewes of all their estates . 12. That all such as were pressed , or out of feare went to the Wars , but never fought against the King , or did any mischiefe ; also those that being not able to goe themselves , yet by force or feare were compelled to contribute towards the Armies against the King or the Prince ; also that those that were enforced to be plunderers , or to aide and assist any plunder-masters , and yet did returne to their habitations as soon as conveniently they could , be all left In misericordiâ Domini Regis . 13. That all those that wittingly bought any plundred goods , restore the value of the goods , and be In misericordiâ Domini Regis ; because they thereby have offended against the Law , and done contrary to the Kings expresse command , set for half a year before . 14. That all those that at the Earles command went into Northampton , yet never gave the Rebels their assistance , or made any resistance , but as soone as they perceived the King comming , took Sanctuary ( provided that this be attested by the oathes of good and lawfull men ) likewise that those that owed no suite or service to the Earle , and yet came upon his command , be all fined halfe a years revenue of every one respectively ; but those that held of the Earle in Fee , let them be onely In Misericordiâ Domini Regis . 15 That impotent silly people , and all such as did no mischiefe , may enjoy their Estates as formerly , and recover dammages at the Kings Bench , against those that shall wrong them . 16. That those that accuse any of their fellow subjects out of malice , be punished at the Kings pleasure , and that his Majestie thence forward do not easily give credit unto them . And we judge that they deserve the same punishment as the accused , if the accusation were true , provided that they loose not life , limbe , or estate . 17. That all such as are accused upon meere malice , may still enjoy their estates , and recover dammage against their accusers in the Kings Bench , as above said . 18 That all women injoy their owne inheritances and dowries . But those lands that came by their husbands , who have been against the King , shall be redeemed by a fine , according as his Majestie shall impose upon them , &c. 19 That all such as are acquitted ( so it be by those that have authority to acquit them ) remaine and stand in such a condition as they are put into ; and that all that have paid their fines , shall not be responsable for dammages and trespasses committed by them upon those , against whom they fought in the time of the late troubles , but that all dammages and trespasses be forgiven on both sides , provided that the Church may have her dues . 20. That because it may be of dangerous consequence , that any Castles should remaine in the power of those , who were in actuall Rebellion against the King , we therefore decree , and ordaine , that for the Castles of Hardley , Bytham , and Chertley , there be given a reasonable exchange . 21 As for the Earle Simon Monfort his Countesse , and his sons , we decree nothing , because our Soveraigne Lord the King hath referred them , and their offences to the King of France . 22 As for the City of London ( taking notice , it seems , of their humble submission ) we commend it , and doe make this motion to our Soveraigne Lord the King , that by the advise of his Privie Councel , he take order for reforming the state of the Citie , and settle their Lands , Revenues , Buildings , and Liberties , and that this Order be presently debated . 23 For the Lord Ferrers , we decree that he be fined seven yeares revenues of all his estate . 24 That all that now keepe Killingworth Castle be pardoned , except Henry Hastings , and those that had any hand in cutting off the Kings Messengers hand , all which shall be fined seven yeares revenues of all their estates , or else submit themselves to the Kings mercy . 25 That all men whatsoever endeavour to keep the peace of the Kingdom , that none presume to commit any outrages , firings , murders , robberies , or by any other meanes breake the Peace . Which if any shal be so hardy as not to observe , & be thereof lawfully convicted , let him have sentence according to the Lawes of the Land . 26 Item , that all whom it may concerne , take their oathes upon the holy Gospel of God , that they will never take any revenge , be accessory , or consenting to take any revenge , nor will suffer ( as much as in them lyes ) that any revenge should be taken against any one for any injury suffered in the late times of trouble , and if any one shall presume to revenge himselfe , we decree that punishment be inflicted upon him in the Kings Bench Court . 27 That the Holy Church receive full satisfaction from those that have injured her . 28 But if there be any that will not submit to this Ordinance , or refuse to be tried by their Peers before our Soveraigne Lord the King , let them forfeit their estates for ever . And if there be any that have gotten possession of the Rebels Lands , and were himself a Rebel , he is thereby uncapable of challenging any right to the Land , or to have any title to the fine by the Kings Majesties gift . 29 Whosoever will not submit to this Ordinance , let him be accounted a profest enemy to our Soveraign Lord the King , and to his Sons , and to the whole Realme , and let all the Laity and Clergie ( as far as the Canon Lawes and Common Lawes will reach ) prosecute such an one as an enemy to the peace of Church and State . 30 Lastly ▪ that all those that are imprisoned , or any way debarred of their Liberty , upon reasonable and competent security shall haue their inlargement , by putting in Sureties , or such other way as the King hath allowed . Dated , and set forth from the Campe before Kenelworth , the last day of September , in the yeere of our Lord God 1266. and of the Reigne of the most renowned King HENRY Third , 51. Thus endeth that Famous Ordinance called to this day Dictum de Kenelworth ; wherein are comprised the wisest rules , that the wisest men of those times could possibly devise , to uphold , compose , and recover a tottering , distracted , dying Kingdome . About two Months after the publication of this Ordinance , viz. upon Saint Thomas Eve , the Castle was delivered up , upon conditions ( too good for those that had so barbarously used the Kings Messenger , contemned the King , and impoverished the countrey ) to march away with their goods , and to undergoe no fine for taking up Armes . This Castle had the King bestowed upon the Earle of Leicester , in franke marriage with his sister Elionor ; but when the Earle by his Rebellon had forfeited , and the King had now won it , he gave it to his own Sonne , Edmund Earle of Lancaster , who by this time had reduced the Isle of Axholme , and all those rude ignorant people , that flockt thither , pillaging and plundering the Kings friends round about . The Prince also met with Adam Gurdon , a famous sturdy Rebell , that lay lurking in Aulton Wood in Hampshire , robbing and spoyling the adjacent parts , Pracipuè terras corum qui parti Regiae adhaerebant ; the Prince upon his approach , hearing of his valour , sent him a Challenge for a single Combate . Gurdon accepts it , and performed it so gallantly , that the Prince assured him of his life and estate , if he would submit : which he did , and was received into great favour with the Prince ; but divers of his men were there executed . But now the Isle of Ely was strongly fortified by a great multitude got together , that refused to submit to the Ordinance of Kenelworth . Upon the naturall strength of this Isle , and the plenty of all provision therein , seditious Rebels have often presumed , and from hence have molested more Kings then one , as they did now the neighbouring Counties , robbing , and pillaging Norfolk , Suffolk , and Cambridgeshire , plundering the City of Norwich , and carrying away the richest Citizens , made them redeem themselves : at length a message was sent unto them , requiring them to submit to the Ordinance of Killingworth , to leave off robbing their fellow subjects , and to return to their alleigeance : Hereto they return this insolent answer , that they had taken up arms to defend the good of Church and State , and therefore ought to be restored to their lands without paying any fine . In briefe they require hostages into the Island , and that they might hold it five yeers peaceably , till they saw how the King would performe his promises , ( perfidious subjects ever suspect their Princes fidelity ) which high insolency of theirs ( unheard of till our times ) so exasperates the King , that he resolves to try the utmost to reduce them to their obedience ; for that purpose marches with a mighty Armie against them , the Prince also joyns with a considerable power ; after many assaults , at length ( after they had held it above two yeers ) by the helpe of new made bridges and boates , they stormed it on every side that they were forced to yeeld . And now men thought that the fire was quite out . But there were yet some live embers ( which the Earle of Glocester upon some distaste blowing ) suddainly flamed out again in London , where the Commons of the City forgetting their late punishment , and as men ( saith mine author ) without dread of God or the King : drew up in Arms again , flock't to the Earle of Glocester , plundered the well-affected to the King , sequestred their estates , brake the Prisons , chose a new Mayor and Sheriffes , made Bulwarks and Barbicans , and forfeited the City wonderously , and were so confident of their strength and cause , that they durst bid the King battell , appointing Hou●sloe-heath for the field . The King by a speedy march came to the place at the time appointed ; but they instead of meeting his Majesty , ran about the Citie in a tumultuous manner . Some to Westminster , and there plundered the Kings Pallace , fenestras & ostia fregerunt , ( saith Mat. Westm. ) vix manus à combustion● totius Palatii cohibentes ; brake the doores and windows , hardly forbearing to set it all on fire . Then the King removed his campe to the other side of the City , and had his head-quarters at Straisord , three miles off the Citie , the rest of his Army lay at Ham , a village hard by . The wiser Citizens foreseeing the danger that hung over them , desired a treaty with the King , wherunto ( though they were most unworthy of so much clemency ) His Majesty was graciously pleased to condescend , and upon these easie termes they were vain received to mercy . Imprimis , Salvo in omnibus aicto Killingworthi , that the ordinance of Killingworth should be observed in all points ; then that the fortifications should be razed , and the trenches filled up ; lastly , that 1000. Marks dammages should be paid down to the Kings brother , for his Mannour of Isleworth , fi●●d by them long before . Also his Majesty for some yeares following cho●● the Mayor and Sheriffes himselfe : but toward the latter end of his Reign , being fully reconciled , he restored them their ( often forfeited ) * Priviledges . Thus after the Almighty ( whose judgements are unsearchable ) had suffered crafty seditious spirits to seduce a whole Nation , to trample upon his Anointed , and to tread his Honour in the very dust for a time , yet at length , all his enemies are clothed with shame , and upon himselfe his Crown flourisheth again . And now after this furious dreadfull Tempest , after so many storms and showers of blood , began a joyful long-expected Calm , which that they might enjoy without any intervening of more stormes , and for the better setling and quieting the Kingdome , the King gives expresse command for the razing of divers in-land Castles ; as Farnham , &c. That so if another Rebellion should be begotten , it might no where find a Nurse , and then it could not be long lived . Also , for the more quiet and secure travelling of his Subjects , he appoints a Captain in every County , who with a Troop of Horse should alwaies assist the Sheriffe , for the taking and punishing all stragling reliques of the late Armies , and high-way robbers , wherwith the Kingdome did abound at that time , no place free from them . In some places also , Ruricolae ( saith Rishanger ) the Countrey people would generally rise against them ( as against Wolves or Beares ; ) and at one time , they took and kill'd fifty of them , that were got together neer St. Albans in Hartfordshire . Besides , the King Proclamari fecit contra pacem regni disturbantes , set forth a Proclamation against all such as should any way disturbe the quiet of the Realm , by plundering or stealing , &c. And that if any man should presume to steal but a Cow or a Sheep , vel aliquid aliud ( saith mine Author ) he should surely be put to death . These were the petty devises of that Age , to pump and draine the huge sinke of the Kingdom , but the Staple Policie was , by a Forraign expedition ( like a wide ●uce ) to let out all the filth at once : for which purpose therefore ( among others ) it was resolved upon , that a great Army should be raised under the Command of the Prince , for a voyage to Palestine . And by this course especially did his Majesty soon spend the insolencies of his owne , and the Rebels Souldiers , made Lawlesse by the late unavoidable Liberty of Civill Armes . And here was an end of this wasting , groundlesse , unnaturall War , wherin the Subject having struggled and wrestled with Soveraigntie , till they had wasted the Kingdom , and wearied themselves , at last are content to sit downe by the losse , to let the King have his own Rights again , and some of theirs , according to the usuall event and issue of such imbroylements . A Postscript . OUt of this briefe Narration may be extracted somewhat for KING and Commons . For the KING . First , for preventing Seditions and Rebellions ; then for setling a Kingdome after the Rebellion supprest . For the first ; That he beware how hee entrust the Government of His Kingdome to others . How he suffer His Favourites , and great Officers of State , to suck him into necessities , and inthrall Him by indigency , and be thereby drawne , by extraordinary illegall Impositions and Taxes , to vexe and alienate the hearts and affections of His Subjects , and then ( as he must ) be constrained to flie to them for reliefe and counsell in Parliament ; where ( he may then be sure ) he must be Subject to his Subjects , and they will be kings over their King : where Hee must be content to be lesse then he should be , and the Subject will be more : where ( he may be sure ) they will make advantage of his necessity , and Hee must undergoe many hard censures , and be vexed with undutifull demands , before they will relieve him . But whether they part with their money or not , let the King take heed of ever parting with his Power . Then after the heat and heart of a Rebellion be broken , not to be severe against any , lest the rest grow desperate . Severity may blow up , never blow out the flames of Rebellion . Yet to shew some acts of Justice and power as well as grace and mercy ; not to use the extremity of Justice , least he thereby renew the present rebellion ; yet to shew some Justice to prevent a future . By a sweet mixture of mercy and justice , the King shall at once both humble and oblige his delinquent Subjects . By mercy , in not taking the rigour of the Law ; by Justice , in taking a part of the Law : by this , he shall humble them in taking so much ; by that , he shall oblige them in taking no more . Next , to take speciall care in rewarding and cherishing , and countenancing , and remembring ( before others ) all those that stuck close unto him , that by their persons , or their purses , shewed themselves really for him , and , without all fallacie , loyall . After this , to prepare speedily for some Forraigne Expedition , wherein to imploy all the late Active Spirits , and working heads , who will quickly make worke againe at home , if they have not worke abroad . Lastly , to place some one ( as a Scavenger ) in every County , to carry away the dreggs that are left behinde . Such as will not beyond . Sea , cannot work , and are ashamed to begg . For the People this . First , that they suffer not themselves to be abused and mis-led into disloyalty , by any ambitious , unquiet , cunning Spirits , upon what pretences soever , & when Liberty , Religion , or any publique good is pretended , then most of all to suspect their private ends . Next , that the people never get by this course , but often loose their former ancient Liberties and Priviledges , according to that observable ( though not observed ) Maxime , EVERY REBELLION SUPPREST MAKES THE KING MORE KING , AND THE SUBJECT MORE SUBJECT . Lastly , that taking Armes without Soveraigne Authority , upon what pretences soever ( be they never so faire ▪ as for Religion , or Libertie ; never so foolish , as that it is not against the King , but for the King ) is most abominable in the eyes of God , and though it seem to prosper for a time , yet most surely and severely is it punished in the end , ending commonly in a generall impoverishment ( if not in the end ) of the people , and some dreadfull Judgment upon the Contrivers . My Sonne feare thou the LORD , and the King , and meddle not with them that are given to change ? For their Calamity shall rise suddenly , and who knoweth the ruine of them both ? FINIS . Notes, typically marginal, from the original text Notes for div A31597e-160 * Anciently called the wood o●mad Parliament , or 〈◊〉 in 〈◊〉 styled , 〈◊〉 Parli●mentum , Fabian . * Chron. Norwic . * Like the Remonst . of Decemb , 15. 1641. Matth. Westm. & Math. Paris . Matth. Westm. Chron. orig. sub sigillo . Nil nisi pro umbra nominis habebatur . Matth. Westm. Matth. Westm. Regist. Rossen . Matth. Westm. Preaching that Religion could never bee throughly reformed , or the differe●es fully compeled , sine gladio 〈…〉 , and that all that 〈…〉 lose their lives in this cause were Martyrs . 〈…〉 . Chron. Dunst . * Rishanger . * Cotton . Hollinsh . * Rishanger . For disswading the King to stand to the foresaid Ordinance of Parliament . * Rishanger . Dover . Chron. Dunstan . Cambdens observation in the case of Robert Earle of Essex . Equites haec haec seditionum seclerumque omnium capita sunt , nunc nunc fortiter adjicite tela . * Southwell . Rishanger . * Rishanger . Fabian . Rishanger . * Rishanger . * This Lord Henry , the Kings Nephew , was a valiant Souldier , and having found out the Lord Ferrers at Chesterfield , gave him battel , and overthrew him , and because he had been pardoned once before , it was decreed that he should be degraded , and deprived of his Earledome for ever , and fined fifty thousand pounds . Dictum de Kenelworth . About the end of October the King assembled all the Lords Spirituall & Temporall , and Knights of Shires , to Northampton , where this decree was confirmed by Act of Parliament . The Barons of Cinque Ports seeing the King prosper , made their peace with the King . Rishanger . Fabian . * Then did the King , command , that Peace should be proclaimed all the Kingdome over , which was received with joyfull acclamations . So at a late Dyet , or Parliament in Germany ( after they had undutifully strived with the Emperour , and wasted the Empire ) it was concluded , That all should be reduced to the same state as it was in the yeer 1618. Prov. 24. vers. 21.22 .