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A78527 The late warre parallel'd. Or, A brief relation of the five years civil warres of Henry the Third, King of England, with the event and issue of that unnatural warre, and by what course the kingdom was then setled again. / Extracted out of the most authentick historians and records, by Edward Chamberlain Gentleman, in the time of the late civil wars in England. Chamberlayne, Edward, 1616-1703. 1660 (1660) Wing C1843; Thomason E1026_3; ESTC R210378 19,221 24

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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 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 c. Et ad honorem bonum prosperum pacificum statum Christian ssimi Principis Domini Henrici Regis Angliae Illustris totius Angliae Ecclesiae Nos Willihelmus c. In English thus In the name of the holy and individuall Trinity Amen For the honour and glory of Almighty God the Father Son and Holy Ghost c. And for the honour prosperity and peace of the most Christian Prince our Soveraign 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 Earl of Glocester Humphry 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 c. 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 Soveraign 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 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 battel 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 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 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 originall 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 Soveraign 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 businesse to plunder if such have no Land 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 Soveraign 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 Kings peace for the time forward and shall make such satisfaction and do such penance as the holy Church shall censure excepting onely 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 actuall 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 Gardians 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 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 alwais than there be no wast made by the Guardians upon their estates If there be then the Guardians to be punished according to Law 3. If any that were for the King before and since the battel 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 unlesse the Fine be not pai'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 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 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 coming All those that live in forreine 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 ingaged 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 speciall 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 Kings 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 Kings Majesty his Heirs or Successors take care that it be all firmly observed 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 sheeps cloathing a fair conversation drew the people every where to side with them against the King and against those that wisht 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 Councel 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 arbitrament * 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 Earle of Leicester for their General and for their own private interest pretending the publick good drew the greatest part of the Kingdom after them * Cotton so easie 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 Hollinsh By their fair 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 Maior or Bailiff they chose two Commanders Thomas Pywelsden and Stephen Buckirell at whose command by the tolling of St. Pauls 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 Kings brother's 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 * Rishanger 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 For disswading 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 Citie got together on the Bridge and with confused yellings cried 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 * Rishanger Besides this main Army under the Earle of Le●cester they had another Army under the command of the Lord Ferrers of whom descended the late Lord of Essex who behaved himself 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 A●●y bore before then 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 * Dover Chron. Dunstan one of his Forts wherein they had placed a Governour he was kept out * As at Hall 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 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 march't like a snow ball encreas'd 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 Earle the tenour whereof was That as for his Majesty they intended no harm against him but onely 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 Earle rejecting the offer * Cambdens observation in the case of Robert Earle of Essex when Subjects have once broken their fealty and trust to their Soveraign they never dare trust their Soveraign again resolves to give the King battel 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 Kings horse observing Equites hac hac seditionum scelerumque omnium capita sunt nunc nunc fortiter adjicite tela and remembring not without indignation the abuse offered by the Londo●ers to the Queen his Mother he clapt spurs to his horse and an his Cavalry after him crying Here 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 ●●ecution 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 Earle perceived that the Prince a young fiery spirit with all the Kings horse was gone so far in pursuit of the Londoners * Prince Robert at Edgewill he fell violently on the Kings 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 Kings brother and his eldest Son above twenty Noblemen that were for the King and slain about * Southwell Rishanger 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 royal Prisoners he disposes in several Garrisons And now the Earle 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 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 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 Earle of Leicester and the Earle of Glocester because his Excellency minding his own private more than the publique 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 sorte in er eos d●vid●nda fore In brief he shared all places of power and profit between himselfe his sons 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 ca cerum 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 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 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 War grew hot each side fortifying Towns and Houses plundring 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 Souldier the poor Country-man's dwelling-house pillaged every where and searcht * Rishanger usque ad lectorum stramentum to the very bed straw not 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 Earl of Glocester the Earl of March with the reliques of the royal Army were united and well ordered they resolved to give his Excellency the Earl of Licester battell At Evesham in Worcestershire by a speedy and unexpected march they came upon him The Earl 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 Earl himselfe the head of this Rebellion was cut off at the instant of whose death their happened such extraordinary lightning thunder and thick darknesse that it struk a generall horror 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 signal Battell were slain besides the Earl and his son sixteen Lords and Knights and about ten thousand more of the Rebells part The Earl's 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 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 dyed 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 Gods vengeance on Rebells for in France in miseras dies suos finiverunt The Countesse being banisht 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 fel our English Cataline as M. Cambden stiles him a man in shew fair and honest but in deed Vir pravo ingenio profundâ perfidiâ of a perverse disposition and treacherous beyond any mans suspition After his Soveraign had heaped upon him many high favours as the Earldom of ●eicester and that high and honourable Office of Lord high Steward and to endeare him the more had given him his own Sister in marriage In token of thankfulnesse 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 the fair common pretence of restoring Religion to it's Purity and the people to their Liberty The King thus happily preserved and almost miraculously all things considered set at liberty about a moneth after calls a Parliament at Winchester no more at London untill it was more loyall Fabian 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 same should be cancelled and made void That the City of London ob suam Rebellionem for this her Rebellion Rishanger should be deprived of all
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 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 terme 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 yeers 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 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 Earle 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 mischiefe 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 expresse 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 comming 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 Earle and yet came upon his command be all fined half a years revenue of every one respectively but those that held of the Earle in Fee let them be only 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 Majesty thence forwa●d 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 meer 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 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 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 remain 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 Soveraign 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 Soveraign Lord the King that by the advice of his Privy Councel 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 Ferrers 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 Kings Messengers hand all which shall be fined seven years revenues of all their estates or else submit themselves to the Kings mercy 25. That all men whatsoever endeavor 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 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 concern take their oaths 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 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 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 Soveraign 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 Realm and let all the Laity and Clergy 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 About the end of October the King assembled all the Lords Spirituall and Temporall and Knights of the Shires to Northampton where this decree was confirmed by Act of Parliament 30. Lastly that all those that