THE LATE WAR PARALLELED. OR, A Brief Relation of the five years Civil Wars of HENRY the Third, King of England, with the event and issue of that unnatural War, and by what course the Kingdom was then settled again. Extracted out of the most Authentic Historians and Records, by Edward Chamberlain Gentleman, in the time of the late Civil Wars in England. Ut prospicias futura, respicias praeterita. The most probable way to know what will be, is to observe what hath been. Qui respicit quae fuerunt, & inspicit quae sunt, prospicit etiam quae futura sunt. The Historian by running back to Ages past, and then forward to present Affairs, comparing one with the other, can give a verdict of the State, well near Prophetic. LONDON, Printed for John Starkey, at the Mitre in Fleetstreet, between the middle Temple-Gate and Temple-bar. 1660. THE LATE WAR PARALLELED. OR, A Brief Relation of the five years Civil Wars of HENRY the Third, King of England, with the event and issue of that unnatural War, and by what course the Kingdom was then settled again. HEnry the Third of that Name, (a man more pious, than prudent; a better man than a King) swayed the Sceptre of this Kingdom fifty years. The former part of his Reign was very calm, the latter as Tempestuous. The main Tempest was thus raised. The King for many years, during that high calm, had sequestered himself wholly to his harmless sports and recreations, and entrusted the whole managery of the State to his Officers and Ministers. These taking advantage of his majesty's carelessness (the main fault of this King) insensibly sucked and drained the Revenues of Crown and Kingdom; till the King awakened by extreme necessity, began to inquire, not how he came in (for his necessities would not permit that) but how he might get out. The best way that his evil Counsellors could find to relieve their Master, & save themselves, was (the ordinary way of supply in Parliament declined) to have recourse to Monopolies, Patents, and extraordinary and illegal Taxations. But (preternatural courses are never long-lived) the freeborn English would not long endure such slavery. When the King saw there was no other remedy, he throws himself into the bosom of his people for relief, and advice in * Anciently called the wood, or mad Parliament, ordinarily in History styled, Insanum Parliamentum, Fabian. Parliament, * Chron. Norwic. where they undutifully taking advantage of his majesty's extremities, instead of relief, out brave him publicly, with a * Like the Remonst. of Decemb. 15. 1641. Matth. Westm. & Math. Paris. Catalogue of all the mistakes, and all the misfortunes of his former government; which coming to the people's ears soon stole away their hearts, alienated their affections from their Sovereign, and left him wholly to the mercy and will of his Parliament. They sensible hereof, and that the reins 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 Kingdom 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 four and twenty, Qui Regiâ potestare suffulti, who being Armed with Sovereign power, should take upon them the whole care and Government of the Kingdom, should nominate and appoint the Chancellor, Treasurer, Chief Justices, Governors of Forts, Castles, and Navy, and all other great Officers, and Ministers of State for all times to come. Natth. Westm. To this Traitorous Ordinance, the King, Metu incarcerationis perpetuae compulsus est consentire, for fear of perpetual imprisonment, was enforced to give his Royal assent: And for further security, to be content to give it under the great Seal, and upon Oath, that whensoever he attempted to assume unto him his Regal power, Liceat omnibus de Regno nostro contra nos insurgere, Chron. Orig. sub sigillo. & ad gravamen nostrum opem & operam dare, ac si nobis in nullo tenerentur, It should be lawful for all his Subjects to rise against him and oppose him, as if they owed no Allegiance to him. Nil nisi pro umbra nominis habebatur. Math. Westm. Strange it is that he should be content to be a mere Cipher, that so lately was the only Figure of the whole Kingdom, that he should be content to part at once with every tittle of Sovereignty, but the bare title! But prodigious, that so many choice Senators, so many Fathers and Judges of Law and Conscience, should so forget God and themselves as to give their assent for the total subverting of the Regal Authority, when as they had all taken their corporal Oaths, Matth. Westm. De terreno honore dicto Regi & haeredibus ejus servando. Which Oath was well kept (saith mine Author) Ordinindo ne unquam regerent, sed semper ab aliis regerentur: by making an Ordinance that they should never rule again, but always be ruled by others. These four and twenty thus settled, continue the Parliament during their pleasure, put the Kingdom in a posture of defence, Regist. Roffen. place Governors of their own choosing, such as they could conside in, in the chief Forts; nominate and appoint Judges of Assize, Sheriffs of Counties, Coroners, Bailiffs, (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 licentious Sovereignty again; (but never more, as it proved:) for now every one of them began to value his own worth, and to hammer his head on every design that might enlarge his own power and command. In brief, of so many subjects, they became totidem Tyranni, (as the book of St. Albans speaks) so many Tyrants, and for one bad King before, they have four and twenty worse. But England (like old Rome) cannot long endure more Kings than 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 only 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. Those five Members stiffly oppose this Agreement, Matth. Westm. preaching, that Religion could never be throughly reformed, or the differences fully composed, sine gladio materiali, and that all that should lose their lives in this cause were Martyrs. Rishanger. Chron. Dunst. and for the maintenance of their cause, trahunt multos pseudo prophetas, lupos, in ovium vestimentis, qui contra Christi Vicarios, & Christum Domini Regem ips●m murmurant: non ut Spirit●s Sanctus, eloqui; sed ut superioris potestatis contemptores, obloqui dabant: they drew to their side many lying Ministers, (Wolves in Sheep's clothing) who murmur and speak evil against the Lord's Anointed, not as the Holy Spirit gave them utterance, but as the despisers of Dignities gave them their lessons. These Incendiaries by their sheep's clothing (a fair conversation) drew the people every where to side with them against the King, and against those that wished 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 carried by tumults) was advised by his Privy Council, As in 1641. and 1642. to withdraw himself (lest His person might be endangered) from the Parliament (then held at Westminster) to His Castle at Windsor. After some comestation 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. * Rishanger. The King of France upon the day of hearing, gave sentence that the said Ordinance, whereby the K●ng was deprived of his regal 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 oft, and resolving to have their own wills, drew into Arms, made choice of the Earl of Leicester for their General, and, for their own private interest, (pretending the public good) drew the greatest part of the Kingdom after them, ( * Cotton. so easy it is to draw the sickle 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. holinsh. By their fair pretences, they gained so far upon the Londoners, that they generally enter into a Covenant to assist the Earl: For which purpose (besides a new Mayor or Bailiff) they chose two Commanders, Thomas Pywelsden and Stephen Buckirell, at whose command, by the tolling of St. Paul's great Bell, they were to be in Arms upon any occasion. Their first exploit was a march to Isleworth in a tumultuous manner, where they plundered and fired the King's brother's Mannour-house. The Earls Army, by this time on their march, plundered all that were dis-affected to their cause and proceed, and imprisoned them: * Rishanger. Especially those that stood any way affected to the Queen: for they all (but most of all the Londoners) were most maliciously bend against her; For dissuading the King to stand to the foresaid Ordinance of Parliament. in so much that as she was passing the Thames near the Bridge, a rude rabble of the City got together on the Bridge, and with confused yell cried, Drown the Witch, etc. and by throwing dirt and stones at her, drove her back: which impious affront was punctually remembered in the first fight; as you shall hear anon. * Rishanger. Besides this main Army under the Earl of Le●cester, they had another Army under the command of the Lord Ferrer (of whom descended the late Lord of Essex) who behaved himself insolently towards the King, in destroying his Parks as he marched, etc. which in the conclusion cost him dear: yet, to delude the people, the main A●●y bore before then the King's Arms: And, to show they were for the King, when they had displaced the old Governors of the King's 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 * Dover. Chron. Dunstan. one of his Forts, wherein they had placed a Governor, he was kept out. * As at Hall. At Sea, the Barons of the Cinque-ports seized the King's Ships, took great Prizes, but they that sat at Stern upon Land shared in those Prizes, as the fame then went. By this time the King began to rouse himself, and finding nothing now left him, but a good Cause and the hearts of his wiset 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 again). With these he marched, & (like a snow ball increased by motion) plundered the Rebels Lands as he went to Northampon, which was fortified against him by some of the chiefest of the Rebels; yet by a furious assault he soon gained it. Thence continuing his march into Sussex near Lewes, he received a Message from the Earl, the tenor whereof was, That as for his Majesty they intended no harm against him, but only desired that he would remove his evil 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 Arms and to return to their obedience, that they might be received to mercy: but the Earl rejecting the offer ( * Cambdens' observation in the case of Robert Earl of Essex. when Subjects have once broken their fealty and trust to their Sovereign, they never dare trust their Sovereign again) resolves to give the King battle. Near Lewes both Armies meet: One Wing of the Earl's Army was made up of Lond●● Troops, which the Prince being then General of the King's horse, observing, Equites, hac, hac seditionum scelerumque omnium capita sunt, nunc nunc fortiter adjicite tela. and remembering (not without indignation) the abuse offered by the Londoners to the Queen his Mother, he clapped spurs to his horse, and an his Cavalry after him, crying, [Hear, here, (my brave Cavaliers) are the main contrivers of all rebellions and mischief; Now, now, f●● ever charge home,] and so fell on with that fury, that they presently fly: the Prince in an eager and hot pursuit does great execution upon them for four miles. But this prosperous beginning of the fight on ●●e King's side was the utter overthrow of the King's Forces: for when the Earl perceived that the Prince (a young fiery spirit) with all the King's horse was gone so far in pursuit of the Londoners, * Prince Robert at Edgewill. he fell violently on the King's foot, & soon routed them; took the King, (his horse being slain under him) prisoner. The Prince at length retreating (when he saw all lost) surrendered himself. There were taken in this fight (besides those royal prisoners, the King, the Prince, the King's brother and his eldest Son) above twenty Noblemen that were for the King; and slain, about * Southwell. Rishanger. 3400. The Earl having thus gotten a complete 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 royal Prisoners he disposes in several Garrisons. And now the Earl believes all his own, and the people dream of nothing put Peace, but alas the War was not begun till now: For when the torn remainder of the Loyal Army that escaped at Lewes, now keeping Garrison in Bristol, and other noble spirits, saw how insolently the Earl dealt with his, and their, Sovereign in barring him of his liberty, etc. They soon raised a considerable power under the command of Roger Mortimer Earl of March: unto whom many flocked 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 try her friends for their assistance to restore her Husband to his former liberty and authority, Quod ad landem & magnificentiam Aelianora Anglorum Reginae libet intexere (saith one of that Age) quod Domino suo, & Edwardo filio, tam strenne & tam viriliter, tanquam virago potentissima, succurrendis fortiter insudaverit. But before these forces were well united, the Rebels forces were as well divided: for debate arising (as is usual in all confederations, where all parties must be pleased, or else the knot will dissolve) between his Excellency the Earl of Leicester, and the Earl of Gloucester, because his Excellency, minding his own private, more than the public good of his fellow Rebels (without any respect had to his adjutants) ingrosses all to himself, disposes of the Royal prisoners at his own pleasure, seized on the revenues of the Crowr, and composition of Delinquents for his own use, (whereas they had privately agreed before, Ex omnia aqua sort in er eos d●vid●nda fore) In brief, he shared all places of power and profit between himself, his sons, and his allies. Whereat Gloucester (as good a man as he) stomached and fell off with his followers to the Prince, who by this time (disponente domino clavigero ca cerum, every thing working for the King) had made his escape out of prison at Hereford: (for being allowed by his keepers to air himself sometimes on horse back in the Town meadow, after he had tired two or three, at length he mounts a special fleet Nag, and putting spurs custodibus valedixit) and came safe to Wigmo e Castle, where the Lord Mortimer lay with his forces raised for the King, so marched on with a great power, taking in (as they went) some strong garrisons of the rebels, plundered their houses, drove their , etc. Here the War grew hot, each side fortifying Towns and Houses, plundering and driving all round about to store the garrisons: Men's 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 Soldier, the poor Country-man's dwellinghouse pillaged every where and searched, * Rishanger. usque ad lectorum stramentum, to the very bed straw: not only men's Houses, but even God's Houses, the very Churches were not free from the profane hands of plunderers; the highways lay unoccupied, no passing from Town to Town without danger of robbing. When the Prince, the Earl of Gloucester, the Earl of March, with the relics of the royal Army were united and well ordered, they resolved to give his Excellency (the Earl of Licester) battle: At Evesham in Worcestershire, by a speedy and unexpected march, they came upon him. The Earl seeing himself 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 battle, that so if the battle went against him, the King might be aimed at as general, and his excellency thereby make his escape. But the King at first charge called out to the loyal Army, that he was their King, and so was preserved; yet not without the loss of some of his own, (being wounded by a javelin) as well as his Subject's blood: the battle was very violent, and went sore against the Rebels; at length the Earl himself (the head of this Rebellion) was cut off; at the instant of whose death, their happened such extraordinary lightning, thunder, and thick darkness, that it struck a general horror and amazement into the hearts of the Rebels, as if the King of Kings would now at last visibly revenge the King's quarrel, 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 practices. In this signal Battle were slain, (besides the Earl and his son) sixteen Lords and Knights, and about ten thousand more of the Rebel's part. The Earl's Corpse was strangely (though not undeservedly) handled by the people, who were so enraged against him, the chief actor and author of their so much mischief and misery, that (in despite of him) they lopped off his head, hands, feet, and privy members, and sent them (in scorn) for tokens to several places; his body was buried in Evesham Church. Notwitghanding 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 Earl's sons were at the same fight taken Prisoners: not long after they made an escape out of Prison, but could not escape God's vengeance on Rebels; for in France, in miseras dies suos finiverunt. The Countess, being banished, died a Nun in France. All the Earl's Honours and Possessions were conferred upon Edmond Earl of Lancaster, the King's second son, And thus ended this great fiery Meteor in a stench. Thus fell our English Catiline, (as M. Cambden styles him) a man in show fair and honest, but in deed, Vir pravo ingenio & profundâ perfidiâ: of a perverse disposition, and treacherous beyond any man's suspicion. After his Sovereign had heaped upon him many high favours, as the Earldom 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 Monarchical Government, and set up a factious Oligarchy, and all under the fair 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, until it was more loyal, Fabian. and less 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 same, should be canceled and made void. That the City of London, ob suam Rebellionem, for this her Rebellion, Rishanger. should be deprived of all her ancient Privileges and Liberties, and the Ringleaders 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 damage and mischief of the Realm, assisted the Earl. 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 marched with a great power to Windesore, resolving (as the fame than 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, than to incense his Majesty any farther; and to that end, drew up an humble Petition, and presented it to the King: but their late rebellious carriage had so far provoked his Majesty's 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 w●iting, whereby they should yield themselves wholly, both bodies and goods to the King's mercy, which was done accordingly, and seized with the Common Seal of the City. His Majesty upon earnest suit unto him, accepted hereof, giving present express command, that all the Chains and Posts which they had placed at every street and lanes end, should be forthwith carried to the Tower, and that the Mayor and Forty of the chief Citizens should repair unto him the next day, and confirm 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 lage Tower, where they had small cheer, 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 boon bestowed on the Prince, the rest were commanded to attend at W●ndesore for a long time after. Sixty or seventy wealthy Cicizens with all their Lands, Goods, and Cattles, did the King dispose to his household-servants. For the Government of this unruly City, the King appointed one Othon a foreigner, or stranger, first Constable of the Tower, and then Custos, or Warden of the City, to pull down their haughty rebellious spirits, and that his peace for the future might be surely kept, he required the best men's sons in the City for Hostages. These he clapped 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 Majesty, for his Pardon and Favour, but in vain: 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 sum of Fifty thousand Marks should be their Fine. Whereunto the Londoners return this humble answer. They had been of late, by this unhappy War, * Long before the discovery of the West-Indyes. so exceedingly impoverished, that a sum 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 fare 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 Seal a general Pardon (those only excepted, whose estates were already bestowed) granting and allowing that their former Charter, and ancient Privileges should be restored unto them, notwithstanding all the transgressions (they are the words of the Pardon) and trespasses done to Us, to our Queen, to our noble brother, Richard King of Almain, and the Prince, our first begotten son. And here was the first pacification betwixt the King and the Londoners, for whom we may say thus much, That their foul Rebellion againg their Sovereign was not more detestable, than their humble submission to their Sovereign was commendable. And therefore in the Ordinance, called Dictum de Kene●worth, made for the settling of the Kingdom, 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 Earl were all (excepting the Londoners) attainted, and that all their Lands and Goods were forfeited. But this Sentence (though it was less than they deserved) yet was more than they would endure, and therefore the fire (that was not yet quenched, but smothered) breaks forth again. Some fly into the Isle Ely, and fortify that. Some into the Isle of Axholme in Lincolnshire. Another party possess themselves of Killingworth Castle. Another, under the command of the Lord Ferrer, in the Northern parts. And amongst others, one Adam Gurdon lived as an Outlaw in Hampsh●re; * Rishanger. 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 K●llingworth Castle. The Prince was sent against Adam Gurdon. Lord Edmond the Prince's brother against those in Axholme; And Lord Henry the King of Almains son, against the Lord * This Lord Henry, the King's Nephew, was a valiant Soldier, and having found out the Lord Ferrer at Chesterfield, gave him battle, & over threw him, and because he had been pardoned once before, it was decreed that he should be degraded, and depived of his Earldom for ever, and fined fifty thousand pounds. Ferreres. To the Rebels in K●llingworth Castle, the King sent first a gracious message, willing them to desist, and return to their obedience. But they, contrary to all Law of Arms, contrary to natural civility, cur off the Messenger's hand, and sent him back with an uncilil answer. Then the King marched to Killingworth, and sat down before it upon Midsummer Eve. During the Siege (which lasted six Months) Clerus & populus convocantur, & duodecim eliguntur de potentioribus Procerum, & prudentioribus Praelatonum, quibus datur potestas ordinandi super Statutum exhaerendatorum, etc. The Clergy and Laity 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 Kingdom; they, first taking an Oath, de utilibus ordinandis, to decree nothing, but what should be for the good of the Common weal. Then the people take a solemn oath, Quod dictum ipsorum inviolabiliter observarent; that they would stand to their Decree, which to this day, by our Lawyers is called, Dictum de Kenelwor●h; a severe, yet a good and wholesome course (without effusion of blood) to punish Rebellious Subjects. The Decree as followeth. Dictum de Kenelworth. In nomine sanctae & individuae Trinitatis, Amen. Ad honorem & gloriam Omnipotentis Dei Patris, & Filii, & Spiritus Sancti, etc. Et ad honorem & bonum prosperum & pacificum statum Christian ssimi Principis Domini Henrici Regis Angliae Illustris, & totius Angliae Ecclesiae, Nos Willihelmus, etc. In English thus. In the name of the holy and individual Trinity, Amen. For the honour and glory of Almighty God, the Father, Son, and Holy Ghost, etc. And for the honour, prosperity, and peace of the most Christian Prince, our Sovereign 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. david's, Bishops. Gilbert de Clare Earl of Gloucester, Humphrey Earl 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, etc. have thought fit to order as followeth. 1. That the Rebels be not wholly deprived of their estates, but shall have liberty to redeem their Lands by fines, in manner following. 1. That those that were in the fight at Chesterfield, against our Sovereign Lord the King. Item, All those that by force of Arms impiously kept Northampton against the King. Item, Those that gave the King battle at Lewis. 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 battle at Evesham. Item, All those that freely, and voluntarily, and without any compulsion, have contributed to the War against the King or Prince. Item, The Officers and Servants of the Earl of Leicester, that pillaged their neighbours, or were the cause of any murders, firings, or other enormities; that all these be fined five years' revenues of all their Estates, respectively; and that if they pay down 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 refusal, if he will give as much as any other. And if the original owner will pay down the whole Fine, he shall have the whole Land; and likewise, if he will pay the moiety or third part, he shall have the moiety, or thirds of the Land. And if at the end and term appointed, the owner doth not pay for the other moiety, it shall be clearly theirs on whom the King was pleased to bestow it. And as soon as any one hath paid down his whole Fine, such shall 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 original owner, shall have each one his Bailiff to see it sold: and those two Bailiffs shall (as fast as the money is made) pay it to whom the Fine was given by our Sovereign Lord the King: this payment must be made within three years at the farthest. All Officers and Reformadoes, that were known to be common plunderers, and made it their business to plunder, if such have no Land, but only Goods; they shall be fined one moiety of all their Goods, and shall find sufficient sureties, that they shall keep the peace of our Sovereign Lord the King for the time to come. They that have nothing, shall be sworn upon the holy Gospel, and find sufficient sureties, that they will keep the King's peace for the time forward, and shall make such satisfaction, and do 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 Hei●s (that were in actual Rebellion against the King during their minority) 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 years, 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. Only the Kings own Wards shall be in the hands of those, to whom the King shall give them, until they come to years, and then they shall pay down their Fines according to the same manner as those of full years; Provided always than there be no waist made by the Guardians upon their estates; If there be, than the Guardians to be punished according to Law. 3. If any that were for the King before, and since the battle at Lewes, be now fined for not assisting the Prince, (when he was raising forces to rescue his Father,) we leave him to the King to be censured or pardoned, as he shall think fit. 4. That there be no sale or waste made of any Woods by those on whom they were bestowed, unless the Fine be not paid within the time limited Only 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 severally 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 think fit, either by sending them into foreign parts for a time, or what other way shall be thought expedient; provided always that if they be thereby hindered from paying their Fines, they shall not forfeit 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 coming. All those that live in foreign parts shall find sureties, (according to the Laws and Customs of those States) to live peaceably, otherwise that they shall not be received in a peaceable manner. 7. Whereas the King's Majesty is engaged to many that served him in his Wars, and faithfully stuck to him, who he hath not yet sufficiently rewarded, and some have been rewarded above their deserts, we desire that the King take special care, that out of Delinquents estates they may be all rewarded to the full, lest otherwise a new War should be occasioned. 8. That the King's Majesty be graciously pleased to make choice of twelve able Men, that may be authorized to see this punctually and faithfully performed, and that the King's Majesty, his Heirs, or Successors, take care that it be all firmly observed and maintained, and to inquire into, and regulate, and see duly 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 Farms for all the term or time of their leases that are to come, (provided that the Landlords be no way endamaged) and when the term of their Leases are out, then to return to the Landlords again. 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 o●●● at land hath paid his fine, which must be within three years) for six years more the owner of that Land shall pay such custom as was imposed by the King, or else accept of a reasonable exchange for the said Land. 11. All Laymen who notoriously advanced the Earls designs, and assisted him or his adherents, Attrahendo homines per mendacia & falsitates parti Comitis & suorum, & detrahendo parti Regis & filli sui, by drawing people through lies and falsities, either to the Earl and his party, or from the King and his party, it is ordained that they be fined as much as two years' revenues of all their estates. 12. That all such as were pressed, or out of fear went to the Wars, but never fought against the King, or did any mischief; also those that being not able to go themselves, yet by force or fear were compelled to contribute towards the Armies-against the King or the Prince; also that those that were enforced to be plunderers, or to aid and assist any plunder-masters, and yet did return to their habitations, as soon as conveniently they could, be all left In misericordiâ Domini Regis. 13. That all those that wittingly bought any plundered goods, restore the value of the goods, and be In misericordia Domini Regis; because they thereby have offended against the Law, and done contrary to the Kings express command, set for half a year before. 14. That all those that at the Earls command went into Northampton, yet never gave the rebels their assistance, or made any resistance, but as soon as they perceived the King coming, took Sanctuary (provided that this be attested by the oaths of good and lawful men) likewise that those that owed no suit or service to the Earl, and yet came upon his command, be all fined half a years revenue of every one respectively; but those that held of the Earl in Fee, let them be only In misericordiâ Domini Regis. 15 That impotent silly people, and all such as did no mischief, may enjoy their estates as formerly, and recover damages at the King's Bench, against those that shall wrong them. 16 That those that accuse any of their fellow subjects out of malice, be punished at the King's pleasure, and that his Majesty thence forward do not easily give credit unto them. And we judge that they deserve the same punishment as the accused, if the accusation 〈◊〉 true; provided that they lose not life, limb, or estate. 17. That all such as are accused upon mere malice, may still enjoy their estates, and recover damage against their accusers in the King's Bench, as above said. 18 That all women enjoy their own 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 Majesty shall impose upon them, etc. 19 That all such as are acquitted (so it be by those that have authority to acquit them) remain and stand in such a condition as they are put into; and that all that have paid their fines, shall not be responsable for damages and trespasses committed by them upon those, against whom they fought in the time of the late troubles, but that all damages and trespasses be forgiven on both sides, provided that the Church may have her deuce. 20. That because it may be of dangerous consequence, that any Castles should remain in the power of those, who were in actual Rebellion against the King, we therefore decree and ordain, that for the Castles of Hardley, Bytham, and Chertley, there be given a reasonable exchange. 21. As for the Earl Simon Monfort, his Countess, and his sons, we decree nothing, because our Sovereign 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 do make this motion to our Sovereign Lord the King, that by the advice of his Privy Council, he take order for reforming the state of the City, and settle their Lands, Revenues, Buildings and Liberties, and that this Order be presently debated. 23. For the Lord Ferrer, we decree that he be fined seven years' revenues of all his estate. 24. That all that now keep Killingworth Castle be pardoned, except Henry Hastings, and those that had any hand in cutting off the King's Messengers hand, all which shall be fined seven years' revenues of all their estates, or else submit themselves to the King's 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 means break the Peace. Which if any shall be so hardy as not to observe, & be thereof lawfully convicted, let him have sentence according to the Laws of the land. 26. Item, that all whom it may concern, take their oaths upon the holy Gospel of God, that they will never take any revenge, be accessary, or consenting to take any revenge, nor will suffer (as much as in them lies) 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 himself, we decree that punishment be inflicted upon him in the King's 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 Sovereign 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 King's Majesty's gift. 29. Whosoever will not submit to this Ordinance, let him be accounted a professed enemy to our Sovereign Lord the King, and to his Sons, and to the whole Realm, and let all the Laity and Clergy (as far as the Canon Laws and Common Laws will reach) prosecute such an one as an enemy to the peace of Church and State. About the end of October the King assembled all the Lords Spiritual and Temporal, and Knights of the Shires, to Northampton, where this decree was confirmed by Act of Parliament 30. Lastly, that all those that are imprisoned, or any way debarred of their Liberty, upon reasonable and competent security shall have their enlargement, by putting in Sureties, or such other way as the King hath allowed. Dated, and set forth from the Camp before Kenelworth, the last day of September, in the year of our Lord God 1●66, and of the reign of the most renowned King Henry the 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 Kingdom. The Barons of Cinque Ports seeing the King prosper, made their peace with the King 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 King's Messenger, contemned the King, and impoverished the Country) to march away with their goods, and to undergo no fine for taking up Arms. This Castle had the King bestowed upon the Earl of Leicèster, in frank marriage with his sister Elionor; but when the Earl by his Rebellion had forfeited, and the King had now won it, he gave it to his own Son, Edmund Earl of Lancaster, who by this time had reduced the Isle of Axholme, and all those rude ignorant people that flocked thither, pillaging and plundering the King's friends round about. The Prince also met with Adam Gurdon, a famous sturdy Rebel, that lay lurking in Aulton Wood in Hampshire, robbing and spoiling the adjacent parts, Precipuè terras eorum qui parti Regiae adhaerebant; Rishanger. the Prince upon his approach, hearing of his valour, sent him a Challenge for a single Combat. 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. 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 natural strength of this Isle, and the plenty of all provision therein, seditious Rebels have often presumed, and from hence have molested more Kings than one, as they did now the neighbouring Counties, robbing, and pillaging Norfolk, Sussolk, 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 allegiance. Hereto they return this insolent answer, That they had taken up arms to defend the good of Church and State, and therefore aught to be restored to the●r lands without paying any fine. In brief they require hostages into the Island, and that they might hold it five years peaceably, till they saw how the King would perform his promises, (perfidious subjects ever suspect their Prince's 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 Army against them, the Prince also joins with a considerable power; after many assaults, at length (after they had held it above two years) by the help of new made bridges and boats, they stormed it on every side, that they were forced to yield. And now men thought the fire was quite out. But there were yet some live embers (which the Earl of Gloucester upon some distaste blowing) suddenly 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, flocked to the Earl of Gloucester, Fabian. plundered the well-affected to the King, sequestered their estates, broke the Prisons, chose a new Mayor and Sheriffs, made Bulwarks and Barbicans, and fortified the City wondrously, and were so confident of their strength and cause, that they durst bid the King battle, appointing Hounsloe-health 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 City in a tumultuos manner. Some to Westminster, and there plundered the King's Palace, fenestras & ostia fregerunt, (saith Mat. W stm.) vix manus a cembustione totius Palatii cohibentes; broke the doors and windows, hardly forbearing to set it all on fire. Then the King removed his camp to the other side of the City, and had his head quarters at Stratford, three miles off the City, 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, whereunto (though they were most unworthy of so much clemency) his Majesty was graciously pleased to condescend, and upon these easy terms they were again received to mercy. Imprimis, Salvo in omnibus dicto Killingworthi, that the Ordinance of Kill●ngworth should be observed in all points; then that the fortifications should be razed and the trenches filled up; lastly, that 1000 Marks damages should be paid down to the King's brother for his Manor of Isleworth, fired by them long before. Also his Majesty for some years following chose the Mayor and Sheriffs himself: but toward the let: end of his Reign, being fully reconciled, he restored them their (often forfeited) * Then did the ●ing command, that Peace should be proclaimed all the Kingdom over, which was received with joyful acclamations. Privileges. 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 himself his Crown flourisheth again. And now after this furious dreadful 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 storms, and for the better settling and quieting the Kingdom, the King gives express command for the razing of divers inland Castles; as Farnham, etc. That so if another Rebellion should be begotten, it might no 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 always assist the Sheriff, for the taking and punishing all straggling relics of the late Armies, and highway robbers, wherewith the Kingdom did abound at that time, no place free from them. In some places also, Ruricolae (saith R●shanger) the Country people would generally rise against them (as against Wolves or Bears;) and at one time, they took and killed fifty of them, that were got together near St Alban in Hartfordshire. Besides, the King Proclamari fecit contra pacem regni disturbantes, set forth a Proclamation against all such as should any way disturb the quiet of the Realm, by plundering or stealing, etc. 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 devices of that Age, to pump and drain the huge sink of the Kingdom; but the Staple Policy was, by a Foreign Expedition (like a wide fluce) 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 insolences of his own, and the Rebels Soldiers, So at a late Diet, or Parliament in Germany (after they had undutifully strived with the Emperor, and wasted the Empire) it was concluded that things should be reduced to the same state as it was in the year 1618. made lawless by the late unavoidable Liberty of Civil Arms. And here was an end of this wasting, groundless, unnatural War, wherein the subject having struggled and wrestled with Sovereignty, till they had wasted the Kingdom, and wearied themselves, at last are content to sit down by the loss, to let the King have his own rights again, and some of theirs, according to the usual event and issue of such embroilments. The Corollary. Out of this brief Narration may be extracted somewhat that may be useful both to the King, and to the subject. To the King. First for preventing seditions and rebellions: then for settling a Kingdom after a rebellion suppressed. For the first, That he beware how he entrust the government of his Kingdom wholly to others: How he suffer his Favourites, and great Officers of State, to suck him into necessity, and enthral him by indigency; and be thereby drawn by extraordinary and illegal Impositions and Taxes, to vex and alienate the hearts and affections of his subjects; and then (as he must) be constrained to fly unto them for relief and counsel in Parliament (where he must then run the hazard of being subject to his subjects, and they will be Kings over their King, where he must then be content to be less than he should be, and they will be more, where they may make advantage of his necessity, and he must undergo many hard censures, and be vexed with undutiful demands before they will relieve him * As in the y●er 1641 and 1642. . But whether the subject part with his money, or not, let the King take heed of ever parting with his power. Then, after the heat and heart of a rebellion is broken, not to be over-severe against any, lest the rest grow desperate. Severity may blow up, but seldom blow out the flames of a rebellion. Yet to show some acts of power, as well as of grace and mercy, not to use the extremity of justice, lest he thereby renew the present rebellion yet to show 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 special care in rewarding, and cherishing, and countenancing, and remembering (before others) all those that stuck close unto him; that by their persons or their purses, shown themselves really for him, and, without all fallacy, loyal. After this, to prepare speedily for some foreign expedition, wherein to employ all the late active spirits, and working heads, who will soon make work again at home, if they have not work abroad. Lastly, to place some one as a Scavenger in every Cou●ty, to carry away the dregs left behind, such as will not go beyond sea, cannot work, and are ashamed to beg. To the Subject. First, that they suffer not themselves to be abused and seduced into disloyalty, by any ambitious unquiet cunning spirits, upon what pretences soever, and when Liberty, Religion, or any public good is pretended, than most of all to suspect private ends. Next, that the subject seldom get by this course, but often lose their former ancient Liberties and Privileges, according to that very observable (though not observed Maxim) EVERy REBellion suppressed, makes the King more King, and the subject more subject. Lastly, that taking Arms without the King's authority, upon what pretences soever, (be they never so fair, as for Religion, or Liberty, 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 in the end is most surely and severely punished, ending commonly in a general impoverishment (if not the ruin) of the subject, and some dreadful judgement upon the contrivers. Pro. 24.21. and 22. My son fear thou the Lord and the King, and meddle not with them that are given to change. For their calamity shall rise suddenly, who knoweth the ruin of them both? FINIS. ADVERTISEMENT. There is newly published an excellent Book, Entitled, The World Surveyed, or The Famous Voyages and Travels of Vincent le Blanc, or White of Marseilles, who from the age of fourteen years, to threescore and eighteen, traveled through most part of the world, containing a more exact description thereof, than hath hitherto been done by any other Author. The whole work enriched with many authentic Histories, originally written in French, and faithfully rendered into English, by F. Brooks, Gent. Printed for John Starkey, at the Mitre in Fleetstree, betwixt the middle Temple Gate, and Temple Bar.