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
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 batâ—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 ouâ— English Catalinâ— 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 samâ— 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
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
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 * Anciently called the wood oâ—mad Parliament or 〈◊〉 in 〈◊〉 styled 〈◊〉 Parliâ—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 differeâ—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
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 Lâ—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